Terms of Use
INTRODUCTION. Welcome to MktAtlas.com (the “Site”), which is owned and operated by MarketAtlas, Inc. (”MarketAtlas”). The Site includes all web pages accessible by the public, including the MarketAtlas web log (the “Blog”) as well as the subscriber-only MarketAtlas service (the “Service”). Use of the Service is subject to a separate end user license agreement, the terms of which shall govern any subscriber’s use of the Service to the extent such terms are in conflict or inconsistent with these Terms of Use.
By using any portion of the Site, you agree to be bound by all of the following terms of use, conditions, and notices (the “Terms of Use”) and the Privacy Policy.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU INDICATE THAT YOU HAVE READ AND THAT YOU ACCEPT THESE TERMS OF USE.
MarketAtlas reserves the right to change these Terms of Use, at its sole discretion, at any time or from time to time. If any change is not acceptable, you must discontinue your use of the Site immediately. Using the Site after the date that these Terms of Use are changed constitutes your irrevocable acceptance of such changes.
SITE CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP. You acknowledge that the messages, information, data, text, software, images, graphics or other materials posted on the Site (the “Content”) contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are owned by MarketAtlas, its third party licensors or suppliers, and that such proprietary material is protected by law, including U.S. copyright laws and international treaty provisions. The “look and feel” of the Website (including color combinations, text, images, logos, button shapes, layout, design compilation and presentation of information and all other graphical elements) are also MarketAtlas’s trademarks and/or copyrights. Any unauthorized use of trademarks appearing on the Site may constitute trademark infringement, which could subject the user to substantial civil penalties. The deletion or alteration of any copyright, trademark or other proprietary notices from the Site is strictly forbidden.
Further, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content contained on the Site, unless you yourself posted such information to the Site or you have express authorization to do so. You are granted a non-exclusive, non-assignable and non-transferable license to use the Site only under these Terms of Use.
The Content provided on the Site may be based upon factual and third party information that includes, but is not limited to, public record data, tax parcel data, crime data, demographic data, school location data as well as real estate market data and analysis from various third-party sources (the “Third Party Content”). MarketAtlas has not independently verified that the Third Party Content is complete, current or accurate and expressly disclaims any warranty with respect to the reliability of such information. You acknowledge and agree that your reliance on the Third Party Content is solely at your own risk. If you have any questions with respect to the Third Party Content posted on the Site, please contact MarketAtlas as set forth on the Site.
COMMUNICATING WITH THE SITE. You are solely responsible for the content of any and all Content you transmit or post to the Site, including to any email address provided on the Site, or any materials you add to the Site, including any Content provided in comments to the Blog (collectively, “Communications”). MarketAtlas does not endorse or accept any Communications as its own or representative of its views. By posting Content on the Site, a user is giving MarketAtlas the perpetual, royalty-free right to display such Content on the Site and its affiliated publications and to distribute such Content and use such Content for promotional and marketing purposes.
MarketAtlas cannot review all Communications made on or through the Site and MarketAtlas is not responsible for screening or otherwise monitoring content submitted by Site users, whether in advance or after posting. If notified by a user of Communications which allegedly do not conform to these Terms of Use, MarketAtlas may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Communication. MarketAtlas reserves the right, but has no obligation, liability or responsibility to monitor the Site and edit, modify or delete any materials which MarketAtlas in its sole discretion determines to violate these Terms of Use or to be in any other way offensive or contrary to any MarketAtlas policy, applicable law or other regulation. You are solely responsible for the content of any Communications you make to the Site or any Content you add to the Site. You acknowledge that you have no expectation of privacy in any Communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and MarketAtlas by reason of your transmitting a Communication to any area of the Site.
LAWFUL USE. The Site may be used only for lawful purposes. As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Site complies with these Terms of Use and to seek prior written permission for any uses not expressly permitted herein.
In connection with your use of the Site, you agree that you will not, nor will you allow others to, directly or indirectly:
1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights;
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, access data not intended for your use or viewing, or log into an account or server which you are not authorized to access;
3. Post, republish, distribute, or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships, or in violation of the rights of any third party;
4. Delete any author attributions, legal notices or proprietary designations or labels that you upload to the Site, or upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. Take any action which imposes an unreasonable or disproportionately large load or burden on the Site or use the Site in a manner that attempts to or actually does disrupt, impair, interfere with or wrongfully alter or modify the Site, or in a manner that adversely affects the Site and/or the availability of its resources to other users including without limitation posting or transmitting Content that contains a virus or corrupted data, excessive shouting, use of all caps, overloading, mail bombing, crashing or flooding or continuous posting of repetitive text;
6. Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation such as opinions or notices, commercial or otherwise;
7. Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Site for any lawful purpose;
8. Delete or revise any material posted by another person or entity;
9. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site by any user, host or network;
10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
11. Attempt to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization;
12. Post any Content that constitutes or contains false or misleading indications of origin or statements of fact, causes injury of any kind to any person or entity, or infringes or violates the intellectual property rights, or any other rights of any third party;
13. Collect or attempt to collect any information of others, including passwords, account, or other information; or
Violations of Site or network security may result in civil or criminal liability. MarketAtlas will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. MarketAtlas may provide links or references to Internet sites maintained by third parties. MarketAtlas does not operate or control in any respect any information, products or services on these third-party sites and provides no warranty whatsoever with respect to such sites.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, MARKETATLAS PROVIDES THE SITE, INCLUDING THE DATA GENERATED BY THE SITE, ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, ACCURACY OF DATA OR CONTENT, AND ADEQUACY FOR ANY PARTICULAR USE OR PRODUCTIVENESS. NOTHING IN THESE TERMS OF USE WILL IMPLY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME. YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE SITE, RESULTS OBTAINED, AND PERFORMANCE.
IN NO EVENT SHALL MARKETATLAS HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKETATLAS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MARKETATLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR SOLE RISK.
INDEMNITY. You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of this Site. If you are dissatisfied with the Site and/or any Content on this Website, or with these Terms of Use, your sole and exclusive remedy is to stop using the Site and Content. You agree to defend, indemnify and hold harmless MarketAtlas, its subsidiaries, affiliates, officers, directors, shareholders, employees, suppliers, agents, co-branders and other partners from any and all liabilities, claims, demands, losses or expenses, including reasonable legal and accounting fees and costs, resulting or arising from: your breach of these Terms of Use; any action taken or permitted by you which disrupts, degrades or damages the Site, Content or related data thereon; your infringement of any intellectual property right of MarketAtlas or any other person or entity; any activity (including any negligent or wrongful conduct) by you; any materials provided by you to be posted on the Site; your use of the Site; your violation of the rights of any third party; your posting or uploading of any content; or your actual or alleged breach of any federal, state, local or foreign law, or regulations.
TERMINATION. These Terms of Use are effective until terminated by MarketAtlas, at any time without notice. In the event of termination, you are no longer authorized to access the Blog or the Service and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.
GOVERNING LAW. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
NOTIFICATION OF COPYRIGHT INFRINGEMENT. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify us at MarketAtlas, Inc., 19200 Von Karman Avenue, Suite 250, Irvine, California 92612. Any personal information you provide in your email will be used only for purposes related to your email.
Privacy Policy
MarketAtlas, Inc. (”MarketAtlas” or “We”) takes your privacy very seriously. This page sets forth our Privacy Policy and explains how we use the personal information that we collect from the visitors to our site located at www.MktAtlas.com (collectively, “MktAtlas.com” or “Site”). The purpose is to help you understand how we collect and use your personal information. If you have any questions or concerns regarding this Policy, you should contact us using the details given at the end of this document.
Please note that this Policy applies only to the Site and not to the web sites of other organizations to which we link. We are not responsible for their privacy policies or practices of any other third party sites and you should make your own inquiries regarding them.
Consent
By using the Site, you agree to our collecting and using your personal information in the manner described in this Policy.
What information do we collect about you?
The amount and type of information received depends on how you use the Site and its various features, including the MarketAtlas web log (the “Blog”). In particular, when you visit the Site, you provide us with various types of information including personal information that you choose to disclose, information or content that you may choose to post to the Blog, and information regarding how you use the Site, which we collect as you interact with our Site.
With respect to personal information, you may provide us with various types of personal information in using the site, such as, for example, registering for and submitting comments to the Blog, or signing up for the MarketAtlas service. Such information may include your name, your email address, your telephone number, your address, your gender, and any other personal or preference information that we may request on a voluntary basis in order to provide you access to the services on the Site. Occasionally, we may also collect additional personal information from you, through optional polls, questionnaires, or surveys.
You may also choose to post content as a comment to the Blog. In doing so, please note that posting such content is at your own risk. We cannot control the actions of other users or visitors who may see your information. We cannot guarantee that content you post will not be viewed by unauthorized persons. You understand and acknowledge that, copies of removed content may remain viewable in cached/archived pages or if stored by others.
In terms of other information that we collect, whenever you visit the Site, we collect and store the name of your internet service provider, the browser (including available plug-ins and browser functionality) and type of machine you are using, the IP address, the website or blog that referred you to us, the pages you request and the date and time of those requests (collectively, the “Browsing Information”). We do this through a variety of methods, including the use of “cookies,” which are pieces of data stored on your computer by your web browser. We may also use cookies to identify returning users, and to provide users of our Site with the added convenience by being able to quickly access login-required areas of the site. You can manage use of cookies through your browser settings. If you choose not to enable cookies on your browser, you may not be able to access all of the features on the Site.
We use the Browsing Information for purposes of Site administration as well as to understand Site use, including measuring Blog activity. Our goal is to continually improve the usefulness of your visits to the Blog. Obviously, the better we know you, the better job we can do of customizing the Site and Blog to suit your unique needs.
Third-Party Advertising
On occasion we may show third party advertisements on our site. The Browsing Information with respect to your visits to this site, such as number of times you have viewed a page or advertisement may be provided to such third-party advertisers, but we do not provide your name, address, or any other personal information to these parties.
Third-Party Cookies
While serving advertisements to our site, our third-party advertisers may place or recognize a unique cookie on your browser, but they will not collect any personally identifiable information about you.
We do not collect personal information from children.
Children under 13 years old are not the target audience for the Site. To protect their privacy, we prohibit the solicitation of personal information from these children. If you are under the age of 13, please do not submit your email address or any other personal information to us through the Site, including the Blog or the MarketAtlas service.
How is this information used?
We analyze our user behavior with this information to assess consumer interest in the various sections of our site. This is to assist us in product and service development and to advise advertisers on consumer viewing of their advertising.
Using the e-mail address you provide when signing up for the Blog or the MarketAtlas service, we may periodically send you promotional communications with information about services offered by us or our advertisers, including third party product and service providers.
We reserve the right to sell the database of our users or subscribers, as the case may be, (including personal data relating to you) to a third party if we sell, assign or transfer assets of our company to such third party.
Disclosure for Legal Purposes
We reserve the right to disclose any personally identifiable information or other information we collect through the Site, the Blog or otherwise if we are required to do so by law or if we reasonably believe that the disclosure is necessary in order to (a) fulfill a government request; (b) conform with the requirements of law or to comply with legal process served on us; (c) protect or defend our legal rights or property, the Blog or its users, or third party licensors of any material on the Site; or (d) in an emergency to protect the health or safety of the users of the Blog or the general public.
Opt Out
Any promotional correspondence to you will provide you with the ability to opt-out of receiving future MarketAtlas notifications, or third party messages.
We reserve the right to contact you via postal mail, e-mail or telephone strictly for the purposes of administering your account.
How do we protect your information?
We have strict security and confidentiality procedures pertaining to the storage and disclosure of your information. Appropriate measures will be taken to safeguard it, to prevent unauthorized access, and to comply with applicable laws regarding the protection of your personal information.
What else should you know about your privacy?
While we do our best to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us. You are responsible for maintaining the secrecy of your passwords and any account information. Please be careful and responsible whenever you are online.
Your use of the Site, including any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all dispute resolution provisions therein, limitation on damages and choice of law. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.
Changes
We reserve the right to change our Privacy Policy and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page.
The foregoing Policy is effective as of May 23, 2008.
Contact details
Should you feel that your privacy or security is being compromised, or have any questions on this policy, please notify us using the contact information provided on the Site.
For more details, see our:
- Apartment Market Research Site
- Demographics Research Software Platform
- Free Consumer Demographics Products
