By using the Equi-Trax Web site, ordering product from Equi-Trax Asset Solutions, LP, (“hereinafter Equi-Trax”) related data, and/or related services (collectively, “Services”), you agree to be bound by the following terms and conditions:
2. Restrictions: You agree not to remove or modify any copyright or other intellectual property notices that appear in the products or services without express written authorization from Equi-Trax. You also agree not to use the Equi-Trax web site for any unlawful purpose, and take full responsibility for your use of this web site.
3. Intellectual Property. This web site and the products and services are the property of Equi-Trax Asset Solutions, LP. , and subject to the intellectual property rights of Equi-Trax and its licensors, and all rights are expressly reserved. The names of actual companies, products, and services that may be mentioned herein may be the trademarks of their respective owners, and you agree that you will not modify or remove any intellectual property or copyright notices of said respective owners of the same.
4. Notice re: AVM Reports:
THE INFORMATION SUPPLIED IN ALL EQUI-TRAX REPORTS IS SOURCED FROM PUBLIC RECORD DOCUMENTS. THE VALUES AND THE DATA ARE PROVIDED TO CLIENT “AS IS” AND “AS AVAILABLE,” AND ALL USES OF THE VALUES, AND/OR THE DATA ARE AT THE USER’S SOLE RISK. ALL WARRANTIES CONCERNING THE VALUES AND THE UNDERLYING DATA AND PROCESSES, EXPRESS AND IMPLIED, ARE HEREBY EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, ACCURACY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL “EQUI-TRAX” BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER ARISING OUT OF OR RELATING IN ANY MANNER TO THIS AGREEMENT, THE VALUES OR THE DATA, WHETHER UNDER CONTRACT, TORT OR OTHER THEORY OF LIABILITY, EVEN IF THE COMPANIES OR EQUI-TRAX IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE COMPANIES OR EQUI-TRAX HAVE ANY LIABILITY WHATSOEVER RELATED TO THIS AGREEMENT, IN NO EVENT WILL SUCH LIABILITY EXCEED THE COST OF THE REPORT REQUESTED WHICH GAVE RISE TO THE CLAIM IN QUESTION.
NEITHER THE VALUES NOR THE DATA CONSTITUTE AN APPRAISAL OF THE SUBJECT PROPERTY. THE CONDITION OF THE SUBJECT PROPERTY AND CURRENT MARKET CONDITIONS CAN GREATLY AFFECT THE VALIDITY OF THE REPORTS. THE REPORTS DO NOT INCLUDE A PHYSICAL INSPECTION OF THE SUBJECT PROPERTY NOR SURROUNDING PROPERTIES OR AN ANALYSIS OF CURRENT MARKET CONDITIONS BY A LICENSED OR CERTIFIED APPRAISER.
5. This Web Site and Non AVM Products and Services: Equi-Trax assumes no responsibility regarding the accuracy of the information that is provided by Equi-Trax and use of such information is at the recipient’s own risk. Equi-Trax provides no assurances that any reported problems may be resolved with the use of any information that Equi-Trax provides. By furnishing information, Equi-Trax does not grant any licenses to any copyrights, patents or any other intellectual property rights.
7. No 3rd Party Endorsement or Representations. Equi-Trax makes no representations whatsoever about any other website which you may access through this site. When you access a non-Equi-Trax Asset Solutions, LP website, even one that may contain the Equi-Trax logo, please understand that it is independent from Equi-Trax, and that Equi-Trax has no control over the content on that website. In addition, a link to a non-Equi-Trax website does not mean that Equi-Trax endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.
8. Limitation of Liability – No Representations or Warranties. IN NO EVENT WILL EQUI-TRAX BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED BY EQUI-TRAX ON AN “AS IS” BASIS ONLY. EQUI-TRAX ASSET SOLUTIONS, LP PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT.
9. 3rd Party Host. You are using a technology platform system owned and operated by Mindbrix on behalf of Equi-Trax. This system, including all related equipment, networks, and services, is provided only for the use of individuals and entities that have been authorized by Mindbrix or Equi-Trax. You are hereby advised that this system is monitored to ensure that only authorized use of the system is made, to protect against unauthorized access, and for other purposes. All information placed on or sent over this system may be reviewed, used, transferred, distributed, and disclosed by Mindbrix or Equi-Trax as deemed appropriate except to the extent Mindbrix has agreed otherwise in writing or as otherwise dictated by applicable law. Unauthorized use of this or any other system of Mindbrix or Equi-Trax may subject the user to criminal prosecution, as well as to other remedies available under applicable law. By making use of this web site each time, you will be deemed to have consented to the provisions of the terms and conditions of each paragraph in this Disclaimer and of all other notices contained in this Web Site.