Terms and Conditions
If you wish to access and use the Apex Housing Data Dashboard, you must agree to the following License Agreement.
This License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and HR&A Advisors, Inc. ("Company"). This Agreement governs your use of the Apex Housing Data Dashboard (including all related documentation) ("Apex Housing Data Dashboard" or "Application"). The Apex Housing Data Dashboard is licensed, not sold, to you.
BY USING THE APEX HOUSING DATA DASHBOARD, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to access and use on your computer or mobile device or other equipment (collectively, “Device”), for your personal, non-commercial use, the Apex Housing Data Dashboard and the content and services made available in or otherwise accessible through the Apex Housing Data Dashboard, strictly in accordance with this Agreement.
2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Apex Housing Data Dashboard, you shall not:
(a) copy the Apex Housing Data Dashboard, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Apex Housing Data Dashboard;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Apex Housing Data Dashboard or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Apex Housing Data Dashboard, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Apex Housing Data Dashboard, or any features or functionality of the Apex Housing Data Dashboard, to any third party for any reason, including by making the Apex Housing Data Dashboard available on a network where it is capable of being accessed by more than one device at any time;
(f) use any robot, spider, or other automatic device, process, or means to access the Apex Housing Data Dashboard for any purpose, including monitoring or copying any of the material on the Apex Housing Data Dashboard;
(g) use any manual process to monitor or copy any of the material on the Apex Housing Data Dashboard, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
(h) frame, mirror, or otherwise incorporate the Apex Housing Data Dashboard or any portion of the Apex Housing Data Dashboard as part of any other mobile application, website, or service;
(i) use the Apex Housing Data Dashboard in any manner that could disable, overburden, damage, or impair the Apex Housing Data Dashboard or interfere with any other party's use of the Apex Housing Data Dashboard; or
(j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Apex Housing Data Dashboard.
3. Reservation of Rights. You acknowledge and agree that the Apex Housing Data Dashboard is provided under license, and not sold, to you. You do not acquire any ownership interest in the Apex Housing Data Dashboard under this Agreement, or any other rights thereto other than to the Apex Housing Data Dashboard in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company, and its licensors and service providers, if any, reserve and shall retain its or their entire right, title, and interest in and to the Apex Housing Data Dashboard, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge that when you use the Apex Housing Data Dashboard, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Apex Housing Data Dashboard. You also may be required to provide certain information about yourself as a condition to using the Apex Housing Data Dashboard or certain of its features or functionality. All information we collect through or in connection with this the Apex Housing Data Dashboard is subject to our Privacy Policy (https://apexhousingdata.org/privacy-policy). By downloading, installing, using, and providing information to or through the Apex Housing Data Dashboard, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Updates. Company may from time to time in its sole discretion develop and provide the Apex Housing Data Dashboard updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Apex Housing Data Dashboard and be subject to all terms and conditions of this Agreement.
6. Third-Party Materials. The Apex Housing Data Dashboard may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
7. Term and Terminations.
(a) The term of this Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 7.
(b) Company may terminate this Agreement at any time without notice for any reason, including if the Company ceases to support the Application. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(c) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Apex Housing Data Dashboard.
(d) Termination will not limit any of Company's rights or remedies at law or in equity.
8. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
10. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Apex Housing Data Dashboard or your breach of this Agreement.
11. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
12. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Apex Housing Data Dashboard shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York City and New York County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Apex Housing Data Dashboard and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Apex Housing Data Dashboard.
15. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.