NIC Online Store Terms and Conditions of Use
PRIOR TO PURCHASING NIC PRODUCTS, PLEASE REVIEW THE TERMS AND CONDITIONS SET FORTH BELOW, WHICH APPLY TO ANY PURCHASES MADE THROUGH THE NIC ONLINE STORE.
The NIC Products may only be used for internal business purposes, with certain exceptions. You may use Insubstantial Amounts of the Materials in the normal conduct of business for use in Authorized Publications to your employees, and to a designated consultant, advisor or agent (any of the foregoing, an “Authorized Person”), provided that any Authorized Person agrees to maintain the confidentiality of such Insubstantial Amounts of the Materials. “Authorized Publications” means internal asset management reports, feasibility studies, appraisals, property offering memoranda, investor presentations, and broker opinions of value. “Insubstantial Amounts of the Materials” means an amount of the data provided in the NIC Products (the “Data”) that, in any medium, form, or media (i) has no independent commercial value; (ii) could not be used as a substitute or alternate for the NIC Product; and (iii) does not compete with NIC MAP® or other NIC business purposes, or would not be reasonably expected to compete with NIC MAP® or other NIC business purposes (collectively, the foregoing (i), (ii), and (iii) are the “Publication Limitations”).
You may not use the Data in external reports, memoranda, presentations to existing and potential customers or in any materials not deemed Authorized Publications. You must use your best efforts to prevent any form of publication, reproduction, transmission, broadcast, distribution, dissemination, or use of the Data beyond that expressly permitted herein.
Required Attribution for NIC MAP® Data.
You must include the following text, shown in quotes below, on or in any form of use as applicable (including, without limitation, documents) of the Data derived from any of the NIC MAP® Products in the following instances:
- Use of the Data in Charts and Graphs: “Source: NIC MAP® Data Service.”
- Use of the Data in Text: “According to the NIC MAP® Data Service, [Quarter and/or Year (if applicable)].”
- Use of Data in any Document: “For more information on the NIC MAP® Data Service, please visit www.NIC.org/NIC-map or call 410-267-0504” (in addition to instances in the foregoing A. and/or B.).
Content Delivery and Changes.
Any information, including, without limitation, materials, processes, statistical models, metric formulas, forecast models, programs, codes, designs, techniques, and ideas of NIC (collectively, “Confidential Information”) that is obtained or accessible by you in addition to the NIC Products must not be used or disclosed for any purpose by you; and must be secured, protected, and kept confidential by you.
You shall not take any action or use the NIC Products in any manner that adversely affects and/or infringes upon NIC MAP® and NIC’s proprietary rights in the Data (including, without limitation, NIC’s patent, copyright, trademark, and trade secret rights) nor shall you alter or amend any of the NIC Products.
Further, without limiting the generality of the foregoing, you agree that you will not reverse engineer or manipulate the NIC Products (including, without limitation, the Data) so as to reveal or access information or any of the Data on a single property or to otherwise obtain data underlying the Data.
Disclaimers and Limitation of Liability.
You acknowledge and agree to the following disclaimers and limitations of liability.
- THE NIC PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NIC DISCLAIMS ANY WARRANTY THAT THE NIC PRODUCTS AND ANY RELATED SERVICES PROVIDED WILL BE ACCURATE OR ERROR-FREE, AND DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. IN ADDITION, NIC DISCLAIMS ANY LIABILITY TO YOU FOR THE INFRINGEMENT OF PROPRIETARY RIGHTS IN THE NIC PRODUCTS OR ANY PORTION THEREOF.
- NIC WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO SUPPLY ACCURATE, TIMELY INFORMATION YOU ACKNOWLEDGE AND AGREE THAT ERRORS OR MISTAKES MAY OCCUR WITH RESPECT TO THE NIC PRODUCTS. DATA IS BELIEVED TO BE ACCURATE BUT IS NOT GUARANTEED, AND IS SUBJECT TO FUTURE REVISION. NOTHING IN THE NIC PRODUCTS SHOULD BE CONSIDERED INVESTMENT ADVICE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE NIC PRODUCTS SHALL NOT BE RELIED UPON IN MAKING INVESTMENT DECISIONS.
- IN NO EVENT SHALL NIC BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO USE OF THE NIC PRODUCTS. THE PARTIES AGREE THAT NIC’S LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE NIC PRODUCTS THAT YOU PURCHASED FROM NIC.
- YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE ACCURACY AND COMPLETENESS OF ALL NIC PRODUCTS, AND ANY USE OF AND ANY ACTION TAKEN OR NOT TAKEN BASED UPON THE NIC PRODUCTS SHALL BE AT YOUR SOLE RESPONSIBILITY. YOU ACKNOWLEDGE THAT NIC HAS NO CONTROL OVER OR RESPONSIBILITY FOR YOUR USE OF THE NIC PRODUCTS AND THAT NIC HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE NIC PRODUCTS MAY BE USED BY YOU.
NIC is committed to respecting the privacy of your personal information, if any, in connection with the use of this website. NIC takes due care to keep personal information, if any, confidential and secure. However, the Internet is not a totally secure medium of communication, and NIC cannot guarantee the privacy of any information you input on this website, send to NIC, or request be delivered to you on the Internet. NIC will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.
Third Party Data Terms and Conditions.