Terms & Conditions and Website Disclaimers
Unless previously agreed to in writing, the use of this website and any of the JBREC Research or Consulting reports are subject to the terms and conditions below.
John Burns Real Estate Consulting, LLC. (JBREC) maintains this site (the “Site”) for your information and education. Please feel free to browse the Site. If you are browsing the Site as a non-commercial consumer, you may download material displayed on the Site for your non-commercial personal use only. If you are browsing the Site as an employee/agent/member of any business or organization, you may download material displayed on the Site only for non-commercial purposes within your business or organization. This permission is specifically conditioned on your retaining all copyright and other proprietary notices contained on the materials downloaded. Additionally, you may not distribute or transmit, modify, reuse, report, or use the information, material and contents of the Site for public or commercial purposes, including the text, images, audio, and video, without JBREC’s express written permission. Your access and use of the Site is also subject to the remainder of the Terms and Conditions set forth below and all applicable laws. Certain services and other offerings made available on the Site may have additional terms and conditions that apply which can be viewed either on the pages containing such services or offerings or via a link on those pages or other directions to the additional terms and conditions. By accessing, browsing and/or using the Site, you accept, without limitation or qualification all of the Terms and Conditions set forth herein, as well as any such additional terms and conditions.
Please read the Terms & Conditions of Use/Disclaimer as this contains important information concerning regarding the use of this website (the site). By accessing this site, you accept and agree to be bound by, and comply with, the terms and conditions of use. These Terms & Conditions of Use/Disclaimer are to be read in conjunction with any terms, conditions or disclaimers provided in the pages of the site. If you access and use this site, you accept and agree to be bound by and comply with the Terms & Conditions of Use. If you do not accept the Terms & Conditions of Use, do not use the site.
2. Copyright Notice.
Copyrights are denoted on all pages at the bottom of our website. All rights reserved. All content, graphics and publications on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of JBREC, which reserves all rights. Re-use of any of JBREC’s content and graphics without permission for any purpose is strictly prohibited. You should assume that all material, content and information on the Site is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site.
3. Changes to Terms & Conditions of Use/Disclaimer.
JBREC reserves the right to change the Terms & Conditions of Use or any material on this website at any time. Any such change will become effective immediately upon publication to this website. You agree to review these Terms & Conditions of Use/Disclaimer each time you access this site. If you use the Site after JBREC has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further.
4. Intellectual Property.
This website and all information contained therein, including, without limitation, the look and feel of the site and all design, text, images, trademarks, tradenames, logos, and other information, and all software products advertised, presented, or discussed therein, is protected under United States and other copyright laws and is owned by JBREC or used under license from the owner of the respective intellectual property rights. In addition, all right, title, and interest in all servers and server-based technology related to this website, and all information contained therein, including, without limitation, protocols, parameters, designs, specifications, and user identification algorithms, and technology underlying such algorithms are owned by JBREC. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without JBREC’s prior written consent, except to the extent that such use is expressly authorized under the United States copyright laws. JBREC’s trademarks, tradenames, logos, images, and, service marks used on this site are the property of JBREC and may not be used without prior written permission from JBREC and then only with proper acknowledgment.
Any projections regarding the future included in JBREC’s reports present the best estimate of JBREC as of the date they were prepared. Some of the assumptions used in the forecasts will inevitably turn out to be wrong to some degree and there may be significant differences between the projected and actual results. Also, unanticipated events and circumstances may occur and change the actual results. The actual results will vary from the forecast and the variation may be material and JBREC shall not be responsible with respect to the achievement of any projections included in JBREC’s information or communications, whether implied or specific. Information provided on the site is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times.
6. Disclaimers of Warranties and Liability.
A. While every effort has been made to ensure the high quality and accuracy of the site, JBREC makes no warranty, express or implied concerning the JBREC content, the site, or products or services available through the site. JBREC makes no warranties or representations as to its accuracy and JBREC specifically disclaims any liability or responsibility for errors or omissions in the information, materials and content on the site. Without limiting the foregoing in any way, all information, material and content on the site is provided to you “as is” without warrant of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for restrictions or limitations regarding exclusion of implied warranties.
B. JBREC, its employees, agents, representatives and associates do not represent or imply any performance level or guarantee in relation to the reports or this site nor do they make any claim that the use of the reports will result in a profit or prevent any loss for a user or that use of this site will achieve any particular result.
C. JBREC and its employees, agents, representatives and associates do not guarantee the accuracy or completeness of any information or analysis on this site. JBREC makes no express, implied or statutory representation or warranty regarding this site or the information herein. JBREC shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through this website.
D. In no event shall JBREC or any affiliated companies be liable to any party for any damages including without limitation, any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, or loss of savings), or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, the information and/or this website, even if JBREC shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you, but shall apply, in any event, to the maximum extent possible.
E. To the fullest extent permitted by law, JBREC specifically disclaims all representations or warranties as to the accuracy, completeness, timeliness, merchantability and fitness for a particular purpose of this site. JBREC makes no representations as to the suitability of the information available on or through this website for any purpose nor about its legitimacy, validity, accuracy, correctness, reliability, quality, stability, completeness or currentness. In no event shall JBREC be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of information available on or through this website.
F. Your ability to access this site may, from time to time, be delayed and/or interrupted due to scheduled and/or unscheduled causes. This site is provided on an “as is” and “as available” basis, without any warranty of any kind. No warranty is made that the functions or services performed by user in connection with the service will be uninterrupted or error-free or that defects in the service will be corrected. User expressly agrees that use of this site is at its own risk.
H. In no event will any liability of JBREC, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the site services or breach of these terms by JBREC exceed the amount, if any, paid by you to JBREC in respect of the particular site service to which the claim relates. In no event will JBREC be liable to Client, any representative, or any third party for any lost revenue, lost profits, incidental, speculative, special, punitive, indirect or consequential damages, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), professional errors or omissions, strict liability or otherwise from the use of this website, our services, and reports.
7. Applicable Jurisdiction.
It is important to note that the products, services and information on this site are only available to United States residents. Accordingly, this site does not constitute an offer to transact business in any jurisdiction other than the United States.
9. Third Party Links.
This website may include links to third party websites. These links allow you to exit this site and enter third party websites. These links are provided only as a convenience. The linked websites are not reviewed, controlled, examined, sponsored, or endorsed by JBREC and JBREC is not responsible for the information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. In no event shall JBREC be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties’ websites or the information, advertising, products, resources or material accessed through these websites. JBREC reserves the exclusive right and sole discretion to add, decline or remove, without warning, any icon or link to a list or website, from this website.
10. User Obligations.
Any person accessing or using this site undertakes the following obligations: (a) to comply with all applicable laws and regulations; (b) not to introduce into this website, or any network or equipment supporting this site, any virus, worm, harmful code, Trojan horse or other disabling service; (c) not to attempt to interfere with or disrupt the website, or any network and/or other equipment supporting it; (d) not to attempt to gain improper access to or otherwise interfere with any system or network connected to or affiliated with this site. Any violation of these obligations is grounds for denying a user access to and use of this website in addition to other available remedies. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software, and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage user’s information or system.
11. Not Offering Any Personal Advice.
The information included on this site is provided only to give you a basic understanding of the homebuilding markets and is not intended to provide specific investment advice for you, and should not be relied upon in that regard. No statement in this website is to be construed as furnishing investment advice or constituting a recommendation regarding the purchase or sale of any real properties. You should not act or rely on the information on this site without seeking the advice of your real estate adviser who will ensure that your own circumstances have been considered and that action is taken on the latest available information.
12. Dispute Resolution.
These terms and conditions and any dispute in connection with this site will be governed by the laws of the State of California. Users agree to submit any disputes in connection with this site to arbitration in accordance with and subject to the American Arbitration Association. Expedited Commercial Arbitration Rules, and to the extent permitted under those rules the Arbitrator will be a person recommended by the American Arbitration Association. User and JBREC agree to accept the determination of the arbitrator as final and binding and submit to the jurisdiction of the Courts of the State California and/or the federal courts located in the State of California for the enforcement of any such determination.
13. Features, Specifications and Prices; Special Offers and Promotions.
Features, specifications and prices of products and/or services described or depicted on the Site are subject to change at any time without notice. Additionally, all offerings and promotions displayed on the Site are subject to change or cancellation at any time without notice.
14. Use of Ideas.
JBREC does not wish to receive any product, marketing, advertising or other ideas that are not covered by issued United States Patents. If you send or post any information, material or content to or via the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, or the like, all such information, material and content are, and will be treated, as non-confidential and proprietary. Anything you send or post to, or via, the Site may be used by JBREC and or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, retransmission, publication, republication, broadcast, posting, archiving and creation of derivative works, without any compensation to you. Furthermore, JBREC and/or its affiliates and agents are free to use, without any compensation to you, any ideas, concepts, know-how or techniques contained in any information, material or content you send or post to or via the Site for any purpose whatsoever, including but not limited to developing, creating, manufacturing, marketing and selling products and services using such information, material and content.
15. Ownership of Materials and Content on Site.
Information, materials and content displayed on the Site are the property of JBREC. The use of the information, material and content by you, or anyone authorized by you, is prohibited unless expressly permitted by these Terms and Conditions or express permission is provided elsewhere on the Site. To the extent information is available from a third party, User should contact that third party directly. Any unauthorized use of the text, images, audio, and video displayed on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.
16. Links to/From Other Sites and Advertising.
JBREC is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While JBREC may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or of the content of the site. JBREC disclaims any and all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any content, materials or information contained on such sites. Parts of the site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. JBREC is not responsible for any third party content or error, omission or inaccuracy in any advertising material.
17. Force Majeure.
JBREC, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the JBREC content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator error, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
No delay or omission on the part of JBREC in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to JBREC must be given in writing by letter and sent to JBREC’s last known place of business, which should be posted at the bottom of this page.
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein.
21. Whole Agreement.
Except as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
22. Governing Law/Statute of Limitations.
These Terms shall be governed by, and construed in accordance with, California law. Any cause of action of yours with respect to these Terms must be filed within six months after the cause of action has arisen, or such cause will be barred, invalid, and void.
23. Agreement to Terms & Conditions/Disclaimer.
By utilizing this website or any of JBREC’s publications and reports, you agree to the Terms & Conditions of Use / Disclaimer as stated herein.