Welcome to Davis Commercial Development. Davis Commercial Development, LLC is dedicated to providing you, the user (“you”), with access to the most comprehensive network of real estate agents, listings, products, assistance and services to meet and fulfill your real estate needs. Through the DCD website, located at daviscommercialdevelopment.com, you can browse and search real estate information.
BY USING THIS SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.
We suggest that you print out a copy of these Terms for your records.
II. SCOPE OF USE
The purpose of this Site is to assist customers and brokers in contacting DCD and its real estate representatives concerning real estate transactions as well as any other services offered by DCD. You represent that you are a prospective purchaser, seller, lessee or lessor of real property in the geographic areas where DCD is licensed and that you are operating with a bona fide interest in the purchase, sale or lease of such real property.
IV. INTELLECTUAL PROPERTY
Copyrights. Any content available through the Site, including but not limited to, mobile applications, computer applications, software, sales and rental listings, audio, video, photos, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of DCD, its third party Content suppliers, or its licensors. All right, title and interest in and to the Site and any Content will remain the exclusive property of DCD, its third party Content supplier or its licensors.
V. OTHER LINKS TO THIRD PARTY SITES.
The Site may contain other links to third party web sites. The other linked sites are not part of the Site and are not under our control. Consequently, we are not responsible for the accuracy, legality, decency, availability, or content of any advertisement on our Site, any linked site, any link contained in a linked site, the privacy policies of the linked site, or any changes or updates to such sites. We provide the links to you only as a convenience, and we do not endorse the advertiser, the product or service advertised, the linked site or its use or contents therein. You agree to use the links at your own risk. You hereby irrevocably waive any claim against us with respect to any such advertisements or third party sites.
VI. USER RESTRICTIONS
1. Prohibited Conduct on the Site. You must not do, or attempt to do, any of the following, as reasonably determined by DCD, subject to applicable law:
- access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- use any Content in violation of any applicable laws, rules or regulations;
- access, tamper with, or use services or areas of the Site that you are not authorized to access;
- alter information on or obtained from the Site;
- tamper with postings, registration information, profiles, submissions or Content belonging to DCD or other users of DCD;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
- frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by DCD;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any licensed software, application, games or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
- send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or
- take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
2. Personal Use Only. The Site is for personal use only. You may not reproduce, copy, sell or otherwise exploit the Site or any part thereof, or access or use the Site for any commercial purposes.
VII. WARRANTIES AND INDEMNIFICATION
- No Warranties. ALL INFORMATION, CONTENT, AND SERVICE AVAILABLE THROUGH THE SITE ARE FOR INFORMATION PURPOSES ONLY AND ARE PROVIDED BY US ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Without limiting the generality of the forgoing, DCD, its owners, affiliates, officers, directors, employees, agents, contractors, content or service providers (including listing service providers), investors, successors and assigns specifically disclaim any and all warranties, express or implied by statute or otherwise, including but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services; (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose; (3) the Content; and (4) results that may be obtained by using the Site or as to the reliability, accuracy or currency of any information, Content, or Service acquired by use of the Site. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tort, negligence or any other cause of action.
- Use At Your Own Risk. Any listing or Content on the Site may be updated, changed, modified, withdrawn, sold or rented at any time without notice. Any furnishings, decorations and artist representations are provided for illustrative purposes only. All square footage, number of bedrooms, and dimensions are approximate. Before you act on any information you have found on the Site, you should independently confirm any facts that are relevant or important to your decision, including without limitation obtaining any exact dimensions by retaining the services of a professional architect or engineer. The information contained on the Site is not intended to be comprehensive, and may not be accurate, up-to-date or applicable to any particular case. IF YOU RELY ON ANY INFORMATION, CONTENT OR SERVICE AVAILABLE THROUGH THE SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, CONTENT OR SERVICE FROM THE SITE. NO MEMBER OF THE DCD GROUP CAN ACCEPT ANY LIABILITY FOR ANY INACCURACIES OR OMISSIONS IN THIS SITE.
- Indemnification. By choosing to use the Site, you agree to indemnify, defend and hold harmless DCD from and against any and all claims or damage, including attorney’s fees, arising out of or related to: (1) Content you choose to submit, post or transmit through the Site; (2) your use of or connection to the Site; (3) your violation of these Terms; or (4) your violation of any rights of another.
- Limitation of Liability. To the extent permitted by applicable law, no member of DCD shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of your access to or use of the Site or any information contained in it, or your inability to gain access to or use the Site, or any breach of any warranty, even if DCD has been advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE.
VIII. AMENDMENTS, TERM AND TERMINATION
2. Changes to Service. We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal, and any such action by us will not affect DCD’s license to your Content as stated in Section IV above.
3. DCD may, at any time, terminate your access to the Site, and your Account, for any reason, consistent with local, state and federal fair housing and other laws, including if we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of DCD, our users, or any other person.
1. Violations of Terms and Conditions of Use. DCD reserves the right to seek all remedies available at law and in equity for violations of the Terms and Conditions set forth in the Site, including the right to block access from a particular Internet address to the Site.
2. Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
3. Third Party Rights. These Terms are for the sole benefit of the officers, directors, employees, agents, subsidiaries, and affiliates of Davis Commercial Development, LLC.
4. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
5. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of DCD. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of DCD will be null and void. DCD has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
6. Export Limitations. This Site is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms.
7. Limitations on Actions. Any action concerning any dispute with respect to the Site must be commenced within one year after the cause of the dispute arises and the injured party is aware of the cause of the dispute, or the cause of action is barred.
8. Entire Agreement. These Terms comprise the entire agreement between you and DCD with respect to the use of the Site and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein.
9. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches.