Legal Disclaimer

Terms of Use

Welcome to Heitman Analytics’ Website (“Website”). The services and products offered on this Website and your use of this Website are subject to the terms and conditions listed below. Please Read the following information carefully. Registering on this Website and/or using or accessing any services, information, or products provided by this Website indicate your agreement to accept these Standard Terms and Conditions and agree to be bound by them. The terms “use” or “using” for the purpose of these Terms and Conditions mean copying, installing, downloading, accessing, displaying, or otherwise interacting with this Website. Heitman Analytics (“Heitman”) reserves the right to modify and/or amend these Terms and Conditions by updating this posting at any time. In the event you are a registered client of Heitman, Heitman will provide you with notification via e-mail of any modifications of these Terms and Conditions at least 30 days prior to such modifications being effective. If you have not registered, you are responsible for reviewing these Standard Terms and Conditions each time you access this Website to ensure you are in compliance. Any changes or modifications by Heitman are binding on you.
If you do not agree to these Standard Terms and Conditions, promptly exit this Website.

I. OWNERSHIP OF WEBSITE & CONTENT

All intellectual property rights in the Website, any information and any media contained on the Website are owned or licensed by Heitman Analytics (“Heitman”), its agents or contractors. The copyright protection claim includes all forms and matters of copyrightable material and information now allowed by statutory or common law or hereinafter granted, and the HTML code. Copying and distributing of the HTML code is strictly prohibited. Users may not violate any copyright, trademark, patent, or other intellectual property rights of Heitman or any other poster of the Website. Any reproduction, distribution, or display of any media obtained from the Website other than in strict compliance with these Terms and Conditions is a violation of Heitman’s proprietary rights in the media. Unauthorized use of the Website may result in a violation of the copyright, trademark, patent, or other intellectual property rights of Heitman or any of its posters and may be actionable.

II. USE OF WEBSITE

1. Minors. Only individuals capable of entering into legally binding contracts are allowed to use the Website. Users must be over the age of 18 years and not suffer from any other legal impediment.

2. Protection Devices. Heitman may adopt from time to time any mechanical or electronic methods that Heitman deems necessary to control unauthorized use of the Website or materials posted on the Website.

3. Legal Use. Use of the Website in violation of any international, federal, state or local statute, regulation or rule is strictly prohibited.

4. Use of Content. All media and content obtained from the Website including, without limitation, any reports purchased through this Website shall be used solely (i) to prepare and distribute reports solely for user’s own internal use; and (ii) to incorporate the information obtained from the Website into data created or separately obtained by user solely for its own internal use. Any use of any content from this Website not expressly authorized in this Agreement is strictly prohibited. Any reports or other information copied or downloaded from this Website shall bear all original copyright and other proprietary notices. Use of any media obtained from the Website for public or commercial distribution or reproduction is strictly prohibited. Using any media obtained from the Website on any other websites is strictly prohibited. Framing or linking from other sites any media contained on the Website is strictly prohibited.

5. Right to Investigate. Heitman reserves the right to investigate complaints of improper and/or illegal use of the Website and to take all action Heitman, in its sole discretion, believes desirable or necessary.

6. Termination. Use of the Website in any manner inconsistent with these Terms and Conditions may result in suspension of use of the Website, expulsion from the Website, and/or prevention from using the Website in the future. Heitman reserves the right to immediately expel any customer or member from the Website if, in its sole discretion, Heitman believes the continued use of the Website may subject Heitman to civil or criminal liability. Heitman has the right to prohibit and/or prevent any further use of the Website by any expelled customer or member. Further, Heitman reserves the right to seek any other appropriate legal or equitable remedies available for a violation of the Terms and Conditions.

7. No Violation of Website Security or Integrity. Do not make any attempt to violate or bypass any security feature on the Website or to access any unauthorized area or data on the Website. Do not decompile, cross compile, decipher, reverse engineer or otherwise adopt or modify any software in any way contributing to the design or function of the Website. Do not alter, modify, or delete any postings on the Website. Do not intercept or attempt to intercept any data exchanges taking place on the Website. Do not use the Website in any way that will place an unreasonable load on the Website, its server(s), or its capabilities. Do not in any way interfere or attempt to interfere with the proper functioning of the Website. Do not use any program or device on the Website that is designed to crash the Website.

8. Website Access and Browser. You expressly agree not to use any robots, spiders, avatars, or other software, programs, or devices in connection with the use of the Website. Further, you agree only to use generally commercially-available web browsers, such as Mozilla Firefox, Google Chrome, Safari, Microsoft Edge or Microsoft Internet Explorer (version 11), to navigate the Website.

9. Indemnity. You hereby agree to indemnify and hold harmless (including reasonable attorneys' fees) Heitman, its affiliates, officers, directors, agents, and employees, from and against any and all liabilities arising from your use of the Website or your breach of any of these Terms and Conditions. Your obligation to Heitman shall survive any expiration or termination of your right to use and access the Website. Heitman shall promptly notify you of any claim and Heitman may, at its option, conduct the defense in any such action arising as described herein and you promise to fully cooperate with such defense.

10. Venue and Governing Law. These Standard Terms and Conditions of Use are entered into in the State of Oregon and shall be governed by and construed in accordance with the laws of the State of Oregon, exclusive of its choice of law rules. Each party to these Standard Terms and Conditions of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Lane, in the State of Oregon, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Standard Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Standard Terms and Conditions of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Standard Terms and Conditions of Use shall otherwise remain in full force and effect.

11. Disclaimer Of Liability. Heitman disclaims any warranties that the website will operate error-free. Heitman in no way warrants that the website is free from viruses, worms, trojan horses, or any other programs or devices that may interfere with the website or your equipment. Heitman disclaims any responsibility for any damage to any of your equipment damaged through the use of the website.

The website and all media and content contained within it are as is with all faults. To the fullest extent allowed by law, heitman disclaims and makes no representation or warranty of any kind with respect to the website or any content within it, whether express, implied, or otherwise, including, without limitation, any warranty of merchantability, of fitness for a particular purpose, or accuracy of informational content. You assume total responsibilityand risk for your use of this website, its content and services.

Neither Heitman nor anyone else who has been involved in the creation, production, or maintenance of the website or any content on the website shall be liable to you for any damages of any type, including but not limited to any lost profits, lost savings, loss of anticipated benefits, or other incidental or consequential damages arising out of the use of or inability to use such website or its content, whether arising out of contract, negligence, strict tort, or under any warranty, or otherwise, even if Heitman has been advised of the possibility of such damages or for any other claim by any other party. Your sole remedy for dissatisfaction with this website and/or its content is to stop using this website and/or its content. Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Although Heitman attempts to ensure the integrity and accurateness of this Website and its content, it makes no guarantees whatsoever as to the correctness or accuracy of the Website or its content. It is possible that the Website and/or its content could include inaccuracies or errors. In the event that an inaccuracy arises, please inform Heitman so that it can be corrected. Information contained on the Website is frequently updated without notice.

12. Disputes. Any communication regarding disputes between you and Heitman must be submitted in writing and mailed by regular mail to the following address: Heitman Analytics 2233 Willamette Street, Bldg C, Eugene, Oregon 97405 or submitted by E-mail to the following address: info@heitmananalytics.com.

13. Waiver. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.

14. Captions. The captions used in the Terms and Conditions are for convenience and reference only, and in no way define, limit, or describe the scope or intent of these Terms and Conditions or in any way affect these Terms and Conditions.

15. Modification. Heitman reserves the right to modify and/or amend these terms and conditions by updating this posting at any time. If you have registered as a client of Heitman, Heitman will send you notice of any changes via e-mail to your last known e-mail address in Heitman’s records. You are responsible for frequently reviewing these terms and conditions to ensure you are in compliance. Any changes or modifications by Heitman are binding.

16. Terms. Unauthorized disclosure, copying and/or distribution of this website and its contents is strictly prohibited. Certain services offered on the Website and certain areas of the Website may contain additional terms for use of the services and/or Website. By accessing those areas of the Website or using those services, User agrees to be bound by the aforementioned terms.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.