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. 

  1. Acceptance of Terms of Use.
    IN THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF USE”), “YOU” MAY ALSO BE REFERRED TO AS “USER” OR “YOUR”. YOUR PURCHASE OF THIS NIC PRODUCT CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. BY PURCHASING THIS NIC PRODUCT, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING THE NIC PRODUCT.  

  2. Permitted Uses.
    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”).

  1. Prohibited Uses.
    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.

  1. 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:

    1. Use of the Data in Charts and Graphs: “Source: NIC MAP® Data Service.”
    2. Use of the Data in Text: “According to the NIC MAP® Data Service, [Quarter and/or Year (if applicable)].”
    3. 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.).

    You also must (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the NIC Products and NIC MAP®; (b) not challenge NIC’s ownership of (or the validity or enforceability of their rights in and to) the NIC Products and NIC MAP®; and (c) not remove, conceal, obliterate or circumvent any copyright or other notice or license, use or copying technological measure or rights management information including the NIC Products, the Data and NIC MAP®. You shall be liable for your violation of any of the provisions of these Terms of Use.

  1. Content Delivery and Changes.
    All content delivered to you in connection with these Terms of Use shall be delivered electronically. You acknowledge and agree that the timing of the delivery of all or a portion of the NIC Products may vary from time to time.

  1. Confidentiality.
    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.

  1. Compliance.
    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.
    You agree that you will not use or permit any other person to use the NIC Products for any illegal purpose or any purpose prohibited by these Terms of Use (including, without limitation, in violation of federal antitrust laws and regulations and the antitrust laws and regulations of the states in which you do business).  Without limiting the generality of the foregoing, you agree not to use the NIC Products or any portion or authorized derivative thereof in any manner or medium that would or reasonably could be expected to be anti-competitive in violation of applicable antitrust regulations and laws.  You agree that you will not use the NIC Products in any way to compete with NIC MAP® and NIC, nor use the NIC Products in any way so as to assist or allow a third party to compete with NIC MAP® and NIC.
    You otherwise agree to use the NIC Products in compliance with the restrictions of these Terms of Use and all applicable federal, state, and local laws, rules, and regulations (including, but not limited to, applicable privacy, data protection, and antitrust laws and regulations).
    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.

  1. Disclaimers and Limitation of Liability.
    You acknowledge and agree to the following disclaimers and limitations of liability.

    1. 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.
    2. 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.
    3. 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.
    4. 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.
  2. Privacy.
    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.
    Use of the NIC Products is subject to NIC’s Privacy Policy, located at http://www.nic.org/privacy-policy/, which is hereby incorporated into, and made part of, these Terms of Use. NIC reserves the right to use the Data and any and all other personal information provided by you in any manner consistent with our Privacy Policy.

  3. Jurisdiction.
    These Terms of Use shall be interpreted and construed in accordance with the laws of the state of Maryland. If the parties are unable to resolve their differences over any particular point, they shall submit their differences to binding arbitration at the American Arbitration Office in Annapolis, Maryland, in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. If one or both parties shall claim fault on the part of the other, the prevailing party shall be reimbursed by the party found to be at fault for any costs, including reasonable legal fees and interest as set forth herein, that the prevailing party incurs in prosecuting or defending any such arbitration.

  4. Severability, Waiver.
    These Terms of Use contain the entire understanding of the parties with respect to the NIC Products and supersede any prior oral or written statements and documents. If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable under any applicable law or regulation, it is to that extent deemed to be omitted, and the remaining provisions of these Terms of Use shall not be affected in any way. If a provision is held to be invalid, illegal or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. Any consent by NIC to, or waiver of, a breach of a right, term or provision of these Terms of Use, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach.

  5. Termination.
    The restrictions imposed on you with respect to the NIC Products and the disclaimers and limitations of liabilities set forth herein shall survive termination or suspension of these Terms of Use.

  6. Third Party Data Terms and Conditions.
    THE NIC PRODUCTS MAY INCLUDE DATA SUPPLIED TO NIC FROM ONE OR MORE THIRD PARTY DATA SOURCES, SOME OF WHOM HAVE ADDITIONAL DISCLAIMERS, TERMS AND CONDITIONS THAT YOU MUST COMPLY WITH; THESE CAN BE FOUND HERE AND ARE HEREBY INCORPORATED INTO, AND MADE PART OF, THESE TERMS OF USE.  IN PARTICULAR, TO THE EXTENT SET FORTH IN THE ADDITIONAL TERMS AND CONDITIONS, YOU ACKNOWLEDGE THE COPYRIGHT AND TRADEMARK RIGHTS OF SUCH THIRD PARTIES AND AGREE TO COMPLY WITH THE ATTRIBUTION REQUIREMENTS.  WITHOUT LIMITING THE GENERALITY OF THE TERMS AND CONDITIONS IN SECTION 8 ABOVE, NIC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, TIMELINESS, COMPLETENESS, OR SUITABILITY OF DATA SUPPLIED TO NIC FROM THIRD PARTY DATA SOURCES.

 

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