Terms of Use

The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the Comient web site (located at http://www.comient.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Comient, LLC. ("Comient" or the "Company"). You also agree to the Privacy Policy, both of which are available by hyperlink at the top of this page.

If you do not agree to these Terms and Conditions and Privacy Policy, do not submit information to, or access information from, the Service. Comient may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the Comient website.

GENERAL PROVISIONS

Account Privileges

Account privileges are granted by Comient to individuals exclusively and are granted specifically to the subscribing registered account holder only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the Comient web site without express written permission from Comient. Account rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered account member without the express written permission of Comient. Comient requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Comient system. Members are not permitted to share their individual logon information with others. Comient has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the Comient website, or abuses their rights related to the Comient service. Upon registration, which is free, Customer becomes an account holder. An account holder may search the Comient property listings Service, and will receive all the results of the available properties matching the Customer's designated search parameters. An account holder may also list properties on the Service, but this service may require a fee.

Comient utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant Comient the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes Comient determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Comient will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Comient have any liability for sending any email to its registered users/customers. By becoming a member of Comient, LLC, you acknowledge and agree that Comient, LLC may record telephone and other electronic communications it has with you for Comient, LLC internal business purposes, including but not limited to training and quality assurance purposes.

Submission and Administration of Listings

Listings that are not modified or renewed within a 90-day period are automatically changed to "Off Market" and are no longer viewable on Comient.com. Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to Comient unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on Comient's website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Comient website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Comient website. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website, the Comient website and other Comient partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Comient website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the Comient system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the Comient website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Comient. Comient may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.

Use of Information

Customer shall limit access to and use of active property listings information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the Comient Service as part of any effort to compete with Comient, including without limitation using the Comient Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential Comient customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Comient Service. Customer shall not use any robot, spider or other automated process to monitor, data mine or copy Comient products, services or information; decompile, decode or reverse engineer Comient software; or use Comient products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $1500.

Passwords/Logins Account users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Comient is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.

Payment Terms

Customer agrees to pay for all products ordered through the Comient web site or via the Comient sales team using the payment method indicated, and provides Comient express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Comient products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Comient may immediately cease to provide any and all Deliverables to the customer. Prepaid fees will be refunded based on the number of months remaining on the contract period.

The Customer must notify Comient about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Comient's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.

Listing Fees

Account users can list each commercial space for $29 for a term of 90 days. After 90 days if the listing is not renewed it is deemed inactive and will not appear on the Comient website. Bulk pricing is also available to Customers who have wish to market more than 10 lease listings. Customers should contact us through info@comient.com for more information.

Unsolicited Commercial Email (Spam)

Comient prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Contact The Broker, Email a Friend service or other email services that Comient offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Comient has the right to revoke the privileges of any customer or company that breaches these terms.

Termination

Comient reserves the right to terminate a Customer's membership at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of Comient services, nonpayment of fees owed by you in connection with Comient services, account inactivity or technical or security issues. Upon termination, Comient shall have no obligation to maintain or forward any content in your account.

Ownership and License Grant

Comient retains all rights (including Intellectual Property Rights as defined below), title and interest in the Comient Web site. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Comient's technology or delete or alter author attributes or copyright notices. Customer shall use the Comient system solely for their own use and shall not allow others to use the Comient system under or through that Customer's login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Limitation of Liability and Indemnification

NO EVENT SHALL COMIENT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF COMIENT'S SERVICES, OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and Comient's entire liability under this Agreement shall be a refund to Customer of the fees paid to Comient hereunder, and in no event will Comient's liability for any reason exceed such fee. Comient (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify Comient (and Comient's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

Maps and Directions Disclaimer

The maps and directions information provided by Comient have been obtained from sources believed reliable, including Microsoft Virtual Earth. Microsoft Virtual Earth is supplied by Microsoft Corporation, and its use is subject to Microsoft’s applicable Terms of Use. While Comient does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. Customer assumes all risk of use. Neither Comient nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Customer's use of and/or reliance on Customer's use of Comient's information, products or services.

Links to Third Party Sites

This web site may contain hyperlinks to other web sites operated by parties other than Comient, LLC and its subsidiaries which are beyond Comient's control. Parties other than Comient may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use Comient's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the Comient site. Comient does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Comient does not assume any liability for the actions, product, and content of all of these and any other third parties. Comient makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the Comient site, the site you will land on is not controlled by Comient and different terms of use and privacy statements may apply. Comient also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of Comient, LLC

Customer agrees that Comient shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by Comient customers and partners. Comient shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Comient shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. Comient reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Comient's corporate web site, located at http://www.Comient.com.

Assignment

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Comient, which retains the right to withhold consent in its sole discretion.

Waiver and Severability

The failure of Comient to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.

Notices

All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at Comient.

Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.