These Terms of Service (“Agreement”) set forth the terms and conditions that apply to your access and use of getParley.co (“Service”) as owned and operated by BuildingBlocks LLC. (“BuildingBlocks”), its subsidiaries and/or affiliates. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Service, you agree to be bound by the terms and conditions of this Agreement and the Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Service.
By using the information, tools, features, software and functionality including content, updates and new releases provided by BuildingBlocks of the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the getParley.co website), or a “Customer” (which means that you have registered for an account with us to use our Service.) The term “you” or “User” refers to a Visitor, Member or Customer. The term “we” or “us” refers to BuildingBlocks.
You may not use the Service and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with BuildingBlocks.
1. Description of Service
The Service is a research and analysis web-based software that allows you to store, track and analyze rental rates for multifamily properties and is a service of BuildingBlocks. BuildingBlocks makes available to subscribers via the internet on a pay-per-use basis for the purpose of accessing and reviewing Customer’s competitor data.
2. Privacy and your Personal Information
You can view the BuildingBlocks Privacy Statement here and on the Site for the Service. You agree to the applicable BuildingBlocks Privacy Statement, and any changes published by BuildingBlocks. You agree that BuildingBlocks may use and maintain your data according to the BuildingBlocks’s Privacy Statement, as part of the Service. You give BuildingBlocks permission to combine information you enter or upload for the Service with that of other users of the Service and/or other BuildingBlocks services. For example, this means that BuildingBlocks may use your and other users’ data to improve the Service or to design promotions. BuildingBlocks may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
3. Proper Use
Your use of the Service is subject to your acceptance of and compliance with this Agreement, which acceptance is confirmed by your clicking below. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (ii) prevent others from using the Service; (iii) use the Service for any fraudulent or inappropriate purpose; or (iv) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this agreement, and may subject you to state and federal penalties and other legal consequences. BuildingBlocks reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
4. Linking and Framing
Except where expressly prohibited herein, you may provide a link from a website operated by you directly to the home page offering the Service. Without BuildingBlocks’s express written permission, you may not
- Link to any page other than the home page (i.e. a “deep link”),
- Link to any part of the site hosting the Service through the use of frames, inline links or any similar technology whereby the Service will be displayed without leaving the linking web site,
- Use any intellectual property of BuildingBlocks as part of a link, and/or
- Intentionally or unintentionally create any link implying that an endorsement or affiliation with BuildingBlocks exists when that is not the case.
5. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service, without BuildingBlocks’s express written consent, which may be withheld in BuildingBlocks’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service; or
- Attempt to gain an unauthorized access to any portion of the Service.
6. Market Information from Third Parties
Users may direct BuildingBlocks to retrieve their own and competitors’ information maintained online by third-parties with which they have customer relationships, maintain accounts or exchange information(“Market Information”). BuildingBlocks works with one or more online service providers to access this Market Information. BuildingBlocks does not review the Market Information for accuracy, legality or non-infringement. BuildingBlocks is not responsible for the Market Information or products and services offered by or on third-party sites.
BuildingBlocks cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. BuildingBlocks cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Market Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Market Information through the Service, in the manner prescribed in the associated instructions.
7. Intellectual Property Rights
You acknowledge that the contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under Both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to BuildingBlocks or its software or content suppliers. BuildingBlocks grants you the right to view and use the Service subject to these terms.
Any distribution, reprint, electronic reproduction, modification or creation of derivative works of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Service or content in a manner that violates any applicable law, regulation or this Agreement. You also agree that you will not use any robot, spider, other automated device to monitor or copy any content from the Service.
Except as expressly stated herein, this agreement does not grant the you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Service or the Documentation.
8. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to BuildingBlocks through the Service, you are licensing that content to BuildingBlocks for the purpose of providing the Service. BuildingBlocks may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to BuildingBlocks for use for this purpose, without any obligation by BuildingBlocks to pay any fees or be subject to any restrictions or limitations. By using the Service, you expressly authorize BuildingBlocks to access your Market Information maintained by third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. You hereby authorize and permit BuildingBlocks to use and store information submitted by you to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit a request. For purposes of this Agreement and solely to provide the Market Information to you as part of the Service, you grant BuildingBlocks a limited power of attorney, and appoint BuildingBlocks as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BUILDINGBLOCKS IS ACCESSING AND RETRIEVING MARKET INFORMATION FROM THIRD PARTY SITES, BUILDINGBLOCKS IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service. BuildingBlocks is not responsible for any issues that may arise from inaccurate market information.
9. Not an Analyst, Broker or Pricing Advisor
NEITHER BUILDINGBLOCKS NOR THE SERVICE ARE INTENDED TO PROVIDE PRICING, ANALYTICS OR PRICING ADVICE. BUILDINGBLOCKS IS NOT A PRICING ANALYST, BROKER OR ADVISOR. The Service is intended only to assist you in your market pricing analysis and decision-making and is broad in scope. Every situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any pricing strategy, you should consider obtaining additional information and advice from advisers who are fully aware of your individual circumstances.
11. Termination; Cancellation.
You may cancel your use of the Service and/or terminate this Agreement with or without cause at any time by providing notice to BuildingBlocks at email@example.com. BuildingBlocks may at any time and for any reason terminate the Service, terminate this agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless BuildingBlocks has previously canceled or terminated your use of the Service (in which case subsequent notice by BuildingBlocks shall not be required), if you have provided an alternate email address, BuildingBlocks will notify you via email of any such termination or cancellation, which shall be effective immediately upon BuildingBlocks’s delivery of such notice. This agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination of this agreement.
12. Your Indemnification of BuildingBlocks
You agree to defend, indemnify and hold harmless BuildingBlocks, and its subsidiaries, affiliates, officers, directors, shareholders, agents, and employees from and against any third party claim, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in who or in part arising from or in any way related to your use of the Service. In such a case, BuildingBlocks will provide you with written notice of such claim, suit or action.
13. Choice of Law; Jurisdiction
This agreement will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Montgomery County, Maryland, and you consent to the jurisdiction of such courts.
14. Representations and Warranties
THE SITES, SERVICE, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BUILDINGBLOCKS, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
NEITHER BUILDINGBLOCKS OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BUILDINGBLOCKS OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 18 OF THIS PROVISION MAY NOT APPLY TO YOU.
15. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BUILDINGBLOCKS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE BUILDINGBLOCKS SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BUILDINGBLOCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BUILDINGBLOCKS SERVICE, FROM INABILITY TO USE THE BUILDINGBLOCKS SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BUILDINGBLOCKS SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BUILDINGBLOCKS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BUILDINGBLOCKS SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE BUILDINGBLOCKS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BUILDINGBLOCKS SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE BUILDINGBLOCKS SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BUILDINGBLOCKS SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall BuildingBlocks be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
16. Miscellaneous Provisions.
This Agreement will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement will be effective only if in writing and signed by BuildingBlocks.
To the maximum extent possible, each provision of this agreement shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder. No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition. BuildingBlocks reserves the right to modify these terms and conditions without notice to you, and your continued use of the Service after such modifications will make such modifications binding on you.
BuildingBlocks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Service with or without notice. BuildingBlocks reserves the right to change the Service, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Service, BuildingBlocks will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Service, you may stop using the Service. Your use of the Service, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that BuildingBlocks shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Service.
BuildingBlocks may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.