Terms of Use
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE
Acceptance of Terms of Use
This site (the “Site”) is operated by CoStar UK Limited and its affiliates (collectively, “CoStar” or “we” or “us”). By accessing or using this Site (or any part thereof), you agree to be legally bound by the terms and conditions that follow (the “Terms of Use”) as we may modify them from time to time. If you do not agree to these Terms of Use, you must not use our Site. These Terms of Use apply to your use of this Site, including the CoStar services offered via the Site. They constitute a legal contract between you and CoStar, and by accessing or using any part of the Site you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms of Use. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Use, you may not use the Site. Notwithstanding anything to the contrary herein, if you and CoStar have entered into a separate written agreement that covers your use of a CoStar service, the terms and conditions of such agreement shall control with respect to such service to the extent they are inconsistent with these Terms of Use.
Purpose of Site
The Site is intended to provide information about commercial real estate and CoStar and its affiliates. The information and services offered on or through this Site are provided solely for general business information, do not constitute commercial property, legal, tax, accounting or other professional advice, or an offer to sell or lease commercial property, and may not be used for or relied upon for these purposes. No lawyer-client, advisory, fiduciary or other relationship is created by your accessing or using this Site or communicating by way of email through this Site. You shall not use information and services offered on or through this Site for personal, family or household purposes or to determine an individual’s eligibility for credit, insurance, employment, or government license or benefit.
Services
This Site concerns one or more proprietary electronic databases of commercial real estate information developed and maintained by CoStar. Such CoStar databases include, without limitation, the information, text, photographic and other images and data stored therein from time to time (“Contents”) and the proprietary organization and structures for categorizing, storing and displaying such Contents (the “Database”). Those portions of the Contents and the Database that are licensed hereunder, including any updates or modifications provided thereto, and any information derived from the use of such Contents, including as a result of the verification of any portion of the Contents, are collectively referred to as the “Service”.
Those portions of the Service that may be accessed by the general public and that do not require any use of Passwords (as defined below) or facial recognition authentication are referred to as the “Non-Password Protected Service”. Those portions of the Service that require use of Passwords and, if applicable, facial recognition authentication for access and are available only to individuals or entities (“CoStar Clients”), or those acting through them, who enter into a License Agreement (as defined below) with CoStar that authorises access to such CoStar service are referred to as the “Password Protected Service”.
The Password Protected Service includes the CoStar Property Professional®, CoStar COMPS Professional®, and CoStar Tenant® services (together “CoStar Suite”) as well as the CoStar Connect®, CoStar News, CoStar Showcase®, CoStar Focus®’ CoStar Propex®, and CoStar Shopproperty® services. CoStar utilises registered and unregistered trademarks protected by United Kingdom, United States, Canadian and other laws. A “License Agreement” is defined as either (i) a written hand or electronically -signed contract between a CoStar Client and CoStar that authorises access to a CoStar service, or (ii) an online contract between the CoStar Client and CoStar that is formed by online registration and acceptance of these Terms of Use or other online contract established by CoStar and that authorises access to a CoStar service.
Only Nominated Users for a Password Protected Service may access such Service and they may access it solely using the user name, password (collectively, the “Passwords”) and, if required by CoStar, Passcodes with two-factor authentication, including, but not limited to, facial recognition authentication. CoStar may use the Password and, if required by CoStar, as the means to authenticate your identity for the purposes of using the Password Protected Service. As part of the facial recognition authentication, you must register your internet-capable, camera-ready mobile device with CoStar, which requires you to permit CoStar to take an initial photograph of your face through your device’s camera. Thereafter, each time you access the Password Protected Service, you agree to permit CoStar to take a photograph of your face through your device’s camera for CoStar to authenticate. CoStar may store any photographs or other files you submit in its systems as long as CoStar requires that you authenticate your access to the Password Protected Service through facial recognition. CoStar is under no obligation to confirm the actual identity of or authority of any party accessing the Password Protected Service under your Password. A Nominated User will maintain the confidentiality of his Password and may not share his Passwords with any other person, nor may a Nominated User allow any other person to use or have access to his Passwords. You agree to notify Matthew Green, Director of Finance & Operations of CoStar UK Limited via email at mgreen@costar.co.uk or via telephone on 020 3205 4525 immediately of any unauthorized use of any Password or other breach of security.
Unauthorized attempts to (i) defeat or circumvent Passwords or other security features (e.g., facial recognition authentication), (ii) use the Site or the Service for other than intended purposes, or (iii) obtain, alter, damage or destroy information or otherwise to interfere with the system of its operation are not permitted and may result in a loss of access to the Password Protected Service. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of England and Wales or such other jurisdictions as may apply.
A Nominated User is defined as an individual (a) who is employed by a CoStar Client at a site identified in the License Agreement, and (b) who is specified in the License Agreement as a Nominated User of a specific Password Protected Service. CoStar’s issuance of a Password shall not be construed as a confirmation or admission by CoStar that the person receiving the Password qualified as a Nominated User.
All Nominated Users when browsing, accessing, using or registering for use of the Service(s), must do so lawfully and without infringing any other Nominated Users’ rights of use and enjoyment. In particular, you must not use the Service in a manner which is false, fraudulent, inaccurate or misleading or otherwise in breach of any third party rights (including intellectual property rights).
Free Trial
From time to time, in CoStar’s sole discretion, CoStar may offer a free trial period (“Free Trial”) to certain individuals (“Free Trial Participant”) chosen by CoStar to participate in the free trial. CoStar will specifically notify the Free Trial Participants of their eligibility to participate in the Free Trial. Unless terminated sooner by CoStar, the Free Trial shall last for the length of time specified in the email from CoStar that distributes Passwords to the Free Trial Participant or in any other notification to the Free Trial Participant by CoStar. The terms set forth in that email or notification, combined with these Terms of Use, shall constitute a License Agreement between CoStar and the Free Trial Participant relating to such individual’s access to and use of the associated Password Protected Service being offered through the Free Trial. During the Free Trial the Free Trial Participant shall be considered a Nominated User and a CoStar Client (as defined in these Terms of Use) and may use the Password Protected Service during the Free Trial subject to and solely in accordance with the terms outlined in such License Agreement relating to the Free Trial (which includes these Terms of Use).
Permitted Uses
Subject to the provisions in these Terms of Use, you may use the Password Protected Service (or, if you are a Nominated User, subject to the provisions in your License Agreement and these Terms of Use, you may use the applicable Password Protected Service), in the ordinary course of your business for:
(1) Your internal research purposes;
(2) Providing information regarding a limited number of particular properties and market trends to your clients and prospective clients;
(3) Marketing properties;
(4) Supporting your valuation, appraisal or counselling regarding a specific property; and
(5) Creating periodic general market research reports for in-house use or for clients’ or prospective clients’ use, provided that such reports do not contain building-specific or tenant-specific information and are not commercially or generally distributed.
Subject to the provisions in your License Agreement and these Terms of Use, you may print Content or copy Content into word processing, spreadsheet and presentation programs (or other software programs with the express written consent of CoStar), so long as the level of Content being printed or copied is reasonably tailored for your purposes, insubstantial and used in compliance with these use and copying provisions.
Notwithstanding the foregoing, the Content you access through the “Free Building Lookup” feature on this Site may only be viewed by you for your individual, non-commercial use while visiting this Site.
Prohibited Uses
You shall not, except (i) as may be expressly set forth above under “Permitted Uses” and (ii) to the extent necessary to integrate commercial property listings within CoStar’s commercial property marketing website available through CoStar services, (a) distribute, disclose, copy, reproduce, communicate to the public by telecommunication, make available, display, publish, transmit, assign, sublicense, transfer, provide access to, use, rent or sell, directly or indirectly (including in electronic form) any portion of the Service, or (b) modify, adapt or create derivative works of any portion of the Service.
Notwithstanding anything to the contrary herein, you shall not:
(1) Access any portion of a Password Protected Service unless you are a Nominated User for such Password Protected Service using the Passwords assigned to you by CoStar to access the components and services of the Password Protected Service that your License Agreement authorizes you to access, subject to the terms contained therein and in these Terms of Use;
(2) Access or use any portion of the Service if you are a direct or indirect competitor of CoStar, nor shall you provide, disclose or transmit any portion of the Service to any direct or indirect competitor of CoStar (by way of example, a “direct or indirect competitor of CoStar” includes, but is not limited to, internet listing services or other commercial property information services and employees, independent contractors and agents of such services);
(3) Provide your Password or otherwise provide access to a Password Protected Service to any individual other than yourself, including by providing the results of queries of or reports generated from a Password Protected Service to a person who is not a client or prospective client.
(4) Use or distribute any Content from the Service, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or service;
(5) Modify, merge, decompile, disassemble, scrape, translate, decode or reverse engineer any portion of the Service where in accordance with the Copyright, Designs & Patents Act 1988, section 50; or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service or the data generated from it;
(6) Use, reproduce, publish or compile any portion of the Service for the purpose of selling or licensing any portion of the Service or making any portion of the Service publicly available;
(7) Store, copy or export any portion of the Service into any database or other software, except as expressly set forth in the Permitted Uses above;
(8) Upload, post or otherwise publish any portion of the Service on, or provide access to any portion of the Service through, the Internet, any bulletin board system, any other electronic network, any data library, any listing service or any other data sharing arrangement, except that you may e-mail a report containing Content that complies with the Permitted Use provisions set forth above to a limited number of your clients and prospective clients;
(9) Upload, post, e-mail, make available or otherwise transmit or communicate to the public by telecommunication any information, data, text, software, photographs, images, graphics, or other content to or through the Service, or use any portion of this Service in a manner, that:
(a) is unlawful, threatening, abusive, harmful, libellous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive, is invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, give rise to liability or violate any local, national or international law, intentionally or unintentionally, or is otherwise objectionable;
(b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party;
(c) constitutes unlawful advertising or fraudulent, unfair or deceptive practices, “spam,” or any other form of unlawful solicitation in the United Kingdom, United States, Canada or other country;
(d) contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Service or servers or networks connected thereto or the activities of other users of the Service or of any computer software or hardware or telecommunications equipment; or e) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
(10) Interfere with or disrupt, or attempt to interfere with or disrupt, the Service or servers or networks connected thereto or the activities of other users of the Service;
(11) Use any portion of the Service to develop or provide any product or service which emulates the Service, Contents or Database, being any product in any form of storage or output which provides the means to create a listing in respect of any company or other connected companies (other than a company’s immediate and ultimate parent company);
(12) Except as set forth in a License Agreement, you acknowledge and agree that you do not have a right to make available, communicate to the public by telecommunication, transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty any information about the Service;
(13) Impersonate any person or entity, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Service;
(14) Use any portion of the Service to encourage or engage in illegal activity, stalk or harass another person, or violate these Terms of Use or any applicable local, national or international law, rule, regulation or ordinance, including without limitation, UK and local real estate practice, spam or privacy laws; and
(15) Allow a user of the Password Protected Service to export more than five hundred (500) occupier data records during any Free Trial period or more than two thousand (2,000) occupier data records during any twelve month period while subscribing to the Service.
(16) Market properties or otherwise communicate with contacts acquired from the Licensed Product without first obtaining the appropriate consents and permissions as required by applicable law.
Fees
You are responsible for the timely payment of any fees incurred by your use of components and services available on the Site or via links to other web sites, and all taxes applicable to your use of the Service.
Subject to the terms of any license agreement between CoStar and your company, we reserve the right, at any time and from time to time, to prospectively change the nature and amount of fees charged for access to the service or any of the components or services available on the service, and the manner in which such fees are assessed.
SUBJECT TO THE TERMS OF ANY LICENSE AGREEMENT BETWEEN COSTAR AND YOUR COMPANY, WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE SERVICE OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE SERVICE, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.
If you are accessing the Password Protected Service, you agree: (1) to provide CoStar with accurate and complete registration and billing information and to promptly update such information in the event it changes; and (2) to pay any applicable license fees or other fees incurred by your use of the Password-Protected Service.
Termination and interruption of access
You acknowledge and agree that CoStar may interrupt terminate, discontinue, or block your access to the Service or portions thereof at any time, subject to the terms of any License Agreement in place between you or your company and CoStar. In the event that occurs, you shall cease using any portion of the Service, permanently delete or destroy all portions of the Service within your possession, custody or control, and, upon written request from CoStar, certify, in writing, your compliance with this provision.
If you are a CoStar Client, your License Agreement sets forth an “Initial Term” that expires on a specified date and that may automatically renew for a specified length. Following the effective date of termination or non-renewal of your License Agreement, you shall cease using any portion of the Service. In addition, you shall permanently delete or destroy all portions of the Service within your possession, custody or control and, upon written request from CoStar, certify, in writing, your compliance with this provision.
Submitted Content
This Service may include opportunities for users to submit information, data, text, photographs, images, graphics, messages, links, expressions of ideas and other content to the Service, for it to be publicly displayed on the Service, used by CoStar in connection with researching commercial property activity, or for some other purpose (“Submitted Content”). CoStar acknowledges that if you provide CoStar with any information or images, then you retain any applicable ownership rights that you may have with respect to such information and images. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you, and not CoStar, are entirely responsible for all such content that you upload, post, e-mail or otherwise transmit to or via the Service. CoStar is under no obligation to post or use any such Submitted Content you may provide and may remove any such content at any time in CoStar’s sole discretion.
You agree that CoStar may adjust portions of the Content contained within the Service. Any such adjustment will have no material impact on the meaning and interpretation of the Content, but will serve as a means of uniquely identifying the Content as having been supplied to you. You accept that this is a legitimate and lawful security precaution on the part of CoStar, and accept further that in the event that any third party has access to Content that can be identified as having your unique adjustments a prima facie breach of security and of these Terms of Use on your part may be assumed by CoStar.
With respect to all Submitted Content you elect to upload, post, e-mail or otherwise transmit to or via the Service, you grant CoStar and its affiliates and their licensors a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, communicate to the public by telecommunications, make available, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, rent and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that CoStar may preserve any such content and may also disclose such content in its discretion. The foregoing license is without restrictions of any kind and without payment due from CoStar.
Any Submitted Content must not be (i) defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous or racist, (ii) indecent, obscene or of a sexual nature,or (iii) a breach of confidentiality or someone’s privacy. Submitted Content must not prejudice any active legal proceedings of which you are aware nor be likely to cause someone alarm, anxiety or distress. Any Submitted Content must not encourage violence nor racial or religious hatred.
You also hereby forever waive and agree never to assert any and all Moral Rights you may have in or with respect to any Submitted Content. “Moral Rights” means any so-called “moral rights” or “droit moraux” or any similar right which you may have in any Submitted Content, existing under judicial or statutory law of any country in the world, or under any treaty. For greater certainty, these so-called “moral rights” or “droits moraux” shall not include the so-called “paternal right”.
You represent and warrant that (a) you own or have the full right, power and authority to grant to CoStar use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Service; (b) your license of such content to CoStar hereunder does not, and the use or license of such content by CoStar to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content.
You acknowledge and agree that your submitting of Submitted Content to the Site does not create any new or alter any existing relationships between you and CoStar.
CoStar has no obligation to monitor or screen Submitted Content and is not responsible for Submitted Content. However, CoStar reserves the right, in its sole discretion, to monitor Submitted Content, edit Submitted Content or delete Submitted Content at any time for any reason or no reason.
Your data in CoStar LeaseAnalysisTM
We fully understand the importance of strictly maintaining the confidential information you submit when using Lease Analysis. CoStar has been successfully entrusted with all types of highly confidential data for over 25 years supplied by individuals, public companies, private companies and governmental agencies.
It is important for you to understand that:
- CoStar research staff, who collect the data for CoStar, cannot see your models.
- CoStar secures Lease Analysis data in a separate database.
- CoStar will never disclose or make identifiable the details of any specific model that you submit, such as the property address or owner or tenant name or any deal specific financial terms. In addition, you own the lease information you submit to Lease Analysis and CoStar will always provide you access to your information, as long as you are a client.
To maintain the strict confidentiality of your data, we will utilize a commonly accepted and proven confidentiality masking concept. We call this concept the “Rule of 5”. This means that CoStar may disclose only aggregated analytical lease data obtained from a sample from 5 or more leases, involving at least 5 different buildings, owners and tenants.
For example, a report provided by CoStar analyzing effective rents in Reading, Berkshire would include aggregated rent information sampled from a minimum of 5 leases involving at least 5 different buildings, owners and tenants. Again, no analytic report would ever disclose the specific details of a lease or specific properties. In the event the “Rule of 5” sampling criteria cannot be satisfied, we will simply not display any aggregated results.
We also know this information can be used to improve the services we offer, which will benefit you directly. You are granting CoStar permission to aggregate model information to identify trends and disclose those trends within analyses or reports we may provide to our customers, under the strict guidelines described. To view a sample of the type of analytic content we intend to provide from aggregated data, please click here.
CoStar Lease CompsTM
When you create your own lease comp in CoStar Lease CompsTM, we not only protect the lease comps you add in a secure and separate database and prevent anyone at CoStar from seeing or accessing them, but we also do not use the information for any purpose, including aggregating data from comps you enter.
Map data
Certain map data, including public transportation information, is ©Urban Mapping, Inc. and/or other parties, and is used with permission.
Links; framing
You may provide a hyperlink to the home page of this Site, which is www.costar.co.uk. You must remove any such link upon request from CoStar. Except as set forth in the preceding sentence, or as otherwise authorised by CoStar in writing, links to and the framing of this Service or any of its Content is prohibited.
For your convenience, the Service may include links to other sites, some of them owned and operated by CoStar and some of them owned and operated by third parties. Under no circumstances shall CoStar be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site, or is linked to from this Site, or any services that may be offered through such web sites. CoStar has not necessarily reviewed any or all of the content of such other web sites, does not guarantee the accuracy or timeliness of such sites, and disclaims responsibility for the content and services available therein. Different terms and conditions may apply to your use of any linked sites. It is your responsibility to review any such terms and conditions in connection with your use of any such sites. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party.
Information regarding accuracy, completeness and timeliness of Content in the Service
While the Services and the data therein has been created using all reasonable care, the Service is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the Service shall be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Service, is responsible if the Service is not accurate, complete or current and we, nor any third party, guarantee the completeness or accuracy of the Service. Neither we, nor any third party involved in creating, producing or delivering the Service, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Service.
CoStar is not authorised by the Financial Conduct Authority in the United Kingdom. The information and/or data on this Site is provided for your general information only and its use is not intended for trading purposes or to address your particular financial or other requirements. In particular, the Site(s) do not constitute any form of investment, tax, legal, or any form of financial advice; do not constitute any form of invitation, inducement or recommendation; and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decision.
No warranties
ALTHOUGH COSTAR ATTEMPTS TO PROVIDE AN ACCURATE SERVICE, THE SERVICE AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. COSTAR, AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY SUPPLIERS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNORS (COLLECTIVELY, THE “COSTAR PARTIES”) CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT (I) THE PRODUCT WILL ALWAYS BE ACCURATE, COMPLETE, CURRENT, OR TIMELY; (II) THE OPERATION OF, OR YOUR ACCESS TO, PRODUCT THROUGH THE SITE WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE; AND/OR (III) DEFECTS OR ERRORS IN THE SITE OR THE PRODUCT, BE THEY HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED.
THE COSTAR PARTIES DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, satisfactory quality, reasonable care and skill AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE LICENSED SERVICE, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE SERVICE CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COSTAR PARTY, AND (5) THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
ANY RELIANCE UPON THE SERVICE IS AT YOUR OWN RISK AND THE COSTAR PARTIES MAKE NO WARRANTIES.
COSTAR RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEROF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THIS SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE OR THE LICENSE AGREEMENT.
Limitation of liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COSTAR PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION THOSE ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE SERVICE, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SERVICE, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE SERVICE. IN ADDITION, IF YOU HAVE NOT PAID ANY FEES TO COSTAR TO ACCESS THE SERVICE, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,
IF YOU DOWNLOAD ANY CONTENT FROM THIS PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. NONE OF THE COSTAR PARTIES SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM, RELATING TO OR RESULTING FROM THE SERVICE, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING. THESE LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE COSTAR PARTIES FOR ANY AND ALL REASONS TO ANY PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS OF USE EXCEED THE TOTAL AMOUNT OF LICENSE FEES ACTUALLY PAID TO COSTAR DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR THE COSTAR CLIENT OR ANY OTHER PARTY FOR ANY APPLICABLE DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE COSTAR PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALOR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS (whether direct or indirect), ARISING OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE SERVICE, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF COSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS.
THESE FOREGOING LIMITATIONS APPLY WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COSTAR PARTIES WERE NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COSTAR AND YOU. THE PRODUCT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COSTAR THROUGH THE SERVICES CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.
Nothing in these Terms of Use shall limit CoStar’s liability of death or personal injury caused by its negligence or for fraud.
Where you have entered into a License Agreement with us, the limitation of liability provisions in such License Agreement shall apply to your use of the Service.
Force majeure
Neither party shall be liable to the other for any failure to perform, or for any delay in performance, if it results from any act of God, act of government or other authority or statutory undertaking, fire, explosion, accident, power failure, industrial dispute, war, failure of any link or connection whether by computer or otherwise, failure of technology or telecommunications or other method or medium of storing or transmitting the Service, inability to obtain materials or energy or anything else beyond the reasonable control of the party failing to perform or delaying performance.
User data
If you create any settings, surveys, fields or functions in the Service or input, add or export any data into or from the Service (collectively, the “User Data”), none of the CoStar Parties shall have any liability or responsibility for any of such User Data, including the loss, destruction or use by third parties of such User Data. It is your responsibility to make back-up copies of such User Data.
Your liability
If you cause a technical disruption of the Service, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable solicitors’ fees, fines, and costs of enforcement) arising from or related to that disruption. Upon your breach of any term of these Terms of Use or a separate License Agreement, CoStar’s remedies shall include any damages and relief available at law or in equity as well as interruption and/or termination of your access to the Service or any portion thereof and permanent deletion or destruction of all portions of the Service within your possession, custody or control. If CoStar retains any third party to obtain any remedy to which it is entitled under these Terms of Use or a separate License Agreement, CoStar shall be entitled to recover all costs, including solicitor’s fees or collection agency commissions, CoStar incurs.
Indemnity
You agree to indemnify, defend, and hold harmless the CoStar Parties from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable solicitors’ fees), arising out of or relating to your (and your users’) Submitted Content, use or misuse of any portion of the Service, or your violation of these Terms of Use or a separate License Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. CoStar and any third party involved in creating, producing, or delivering the Service reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of CoStar and any such third party.
Cookies
Some areas of this Service use and require that your computer accept “cookies.” Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. Cookies make it possible and easier for you to access and use certain areas of this Service. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to visit all or certain areas of the Service. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy.
Privacy
CoStar is committed to respecting the privacy of your personal information in connection with your use of this Site. We take great care to keep your personal information confidential and secure. However, the internet is not a totally secure medium of communication. For this reason, we cannot guarantee the privacy of any information you input on this site, send to us, or request be delivered to you on the Internet. CoStar will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.
Use of the Service is subject to CoStar’s Privacy Policy, located at www.costar.com, which is hereby incorporated into, and made part of, these Terms of Use. CoStar reserves the right, and you authorize us, to use the Service and any and all other personal information provided by you in any manner consistent with our Privacy Policy.
CoStar may send to you and your employees, communications, including, but not limited to, email communications about new features or products, available real estate listings, product feedback and other marketing content, which you may unsubscribe from at any time. CoStar prohibits the use of our system or its tools to generate or send unsolicited commercial email or any commercial email that would violate the anti-spam law or regulation (a “law”) of any country (“spam”). You may not use the CoStar’s email services that CoStar offers or supports to send spam or otherwise send content that would violate these Terms and Conditions including any applicable spam law. By using CoStar’s email services, you agree to send email only to those who have given you, and you have, consent to send the email or to those who you are otherwise permitted under applicable law to send such emails, the e-mail will contain all of the information such as a link to your privacy policy and a functioning unsubscribe mechanism required by law, and you will have a functioning unsubscribe mechanism and you will give effect to any request to unsubscribe from receiving future commercial emails, as required by law. CoStar has the right, but not the obligation, to revoke the privileges of any party who breaches these terms.
CoStar conducts product research using professional researchers conducting phone interviews of commercial property market participants and their agents. By using CoStar’s Services and agreeing to these Terms of Use, you consent to the recording of your telephone or other communications with CoStar representatives, including research, customer service and sales personnel, for training, quality assurance and archival purposes.
Global Privacy
If you are a CoStar user located in the European Economic Area, Switzerland or United Kingdom and CoStar processes personal data on your behalf (e.g., if you send emails to contacts through the CoStar platform for certain products or features), then the Data Processing Addendum shall apply to all such processing undertaken by CoStar on your behalf.
Intellectual Property
The Service employs various trademarks and service marks of CoStar and of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
HM Land Registry: The Service contains HM Land Registry Data © Crown copyright 2020 HM Land Registry. © Crown copyright material is reproduced with the permission of the Land Registry under delegated authority from the Controller of HMSO.
Doorda: The Service contains data which is powered by Doorda and contains public sector information licensed under the Open Government Licence v3.0
Creditsafe: The Service contains Creditsafe data and under no circumstances shall Creditsafe be held liable to you for any losses, damages, liabilities, claims, costs, actions or other expenses suffered or incurred as a result of the use or provision of the Creditsafe data.
Procedure for making notification of claims of copyright infringement
CoStar and its affiliates respect the intellectual property of others, and we ask those posting or transmitting any content to or through this Site to respect copyright law. It is the policy of CoStar to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use this Service by individuals or entities that repeatedly submit infringing content in violation of these Terms of Use. If you believe that your work has been copied and is available on this Site or our other online services in a way that constitutes copyright infringement, you may notify CoStar by mail to Company Secretary, CoStar UK Ltd, 26th Floor, The shard, 32 London Bridge Street, London SE1 9SG by e-mail to helpdesk@costar.co.uk; and by telephone at 020 3205 4500.
Ownership
You acknowledge that CoStar and its licensors (including, but not limited to Experian Limited) have and shall retain exclusive ownership of all proprietary rights in or to the Service and the data therein, including all UK, US and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. This is a license agreement and not an agreement for sale. You shall have no right or interest in any portion of the Service except the right to use the Service as set forth in these Terms of Use and, if you are a CoStar Client, your License Agreement. You acknowledge that the Database, Content, Password Protected Service, Non Password Protected Service, and Service constitute the valuable property and confidential copyrighted information of CoStar and its licensors (collectively, the “Proprietary Information”). You agree to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, (b) not challenge CoStar’s and its licensor’s ownership of (or the validity or enforceability of their rights in and to) the Proprietary Information, and (c) not remove, conceal, obliterate or circumvent any copyright or other notice or license, use or copying technological measure included in the Service. You shall be liable for any violation of the provisions of these Terms of Use and, if applicable, the License Agreement by your employees, Independent Contractors, affiliates and agents and for any unauthorized use of the Service by such persons.
Export restrictions
This Site is controlled and operated by CoStar from its offices within the United Kingdom and the United States. CoStar makes no representation that any portion of the Service or other material accessed through this Site is appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the Service or the Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any portion of the Service except in full compliance with all U.S. and U.K. laws and regulations, this Terms of Use, and, if applicable, the associated License Agreement. In particular, no portion of the Service may be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.
Prize Promotions
From time to time, CoStar conducts prize promotions that entitle the winners to prizes. Each prize promotion has its own terms and conditions, set forth in the “official rules” for that prize promotion.
Jurisdiction
CoStar UK Limited is headquartered in London, England. These Terms of Use and your use of this Service shall be governed and construed in accordance with English law and subject to exclusive jurisdiction of the courts of England and Wales. If any material in this Service, or your use of the Service, is contrary to the laws of the place where you are when you access it, or if CoStar is not licensed as required by applicable laws or regulations in such locale, the Service is not intended for you, and we ask you not to use the Service. You are responsible for informing yourself of, and complying with, the laws of your jurisdiction.
Anti Bribery
CoStar and you acknowledge our responsibilities in accordance with The Bribery Act 2010. Both CoStar and you commit that they have not, and will not offer, give, solicit or accept any bribe from any person, organisation or company with the intent to coerce or induce a person, organisation or company to act improperly in the course of their duties. In the event that either party is found guilty of an offence, or makes, offers or solicits a bribe from the other party, then that party’s rights under any Licence Agreement will be terminated immediately. Such termination will not affect CoStar’s rights and remedies surviving termination of any Licence Agreement.
Modifications to Service; changes to these Terms of Use
CoStar is continuously updating and changing the Service, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CoStar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any part thereof). Additionally, we reserve the right, in our complete and sole discretion, to change these Terms of Use at any time by posting revised terms on the Service. It is your responsibility to check periodically for any changes we may make to the Service and these Terms of Use. Your continued use of this Service following the posting of changes to these terms or other policies means you accept the changes.
Termination
The restrictions imposed on you with respect to information or materials viewed and/or downloaded in respect of the Service and the disclaimers and the limitations of liabilities set forth above shall survive termination or suspension of these Terms of Use for any reason.
Miscellaneous
These Terms of Use contain the entire understanding of the parties with respect to the Service and supersede any prior oral or written statements and documents with respect to such subject matter; provided, that these Terms of Use do not supersede but are read in conjunction with any written License Agreement between the parties. Your obligations hereunder are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) these Terms of Use or any portion hereunder, in whole or in part, without the prior written consent of CoStar. In the event any portion of these Terms of Use not being of a fundamental nature is held to be invalid, illegal or unenforceable, such part shall be deemed severed from these Terms of Use without invalidating the remaining provisions of these Terms of Use or affecting the enforceability of such remaining provisions. If a provision is held to be invalid, illegal or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. Nothing in these Terms of Use is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name of or on behalf of or otherwise to bind the other in any way (including but not limited to any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power). No waiver by CoStar of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at that time or a waiver of that or any other right, term, or provision of these Terms of Use at any other time. These Terms of Use apply to your use of the Service and not to any other areas, including, without limitation, CoStar’s research activities. Headings are for reference only. The rights and remedies of CoStar under these Terms of Use are independent, cumulative and without prejudice to its rights under the law. All notices to CoStar pertaining to these Terms of Use will be in writing, mailed by recorded or special delivery mail, delivered to CoStar UK Ltd (Registered in England and Wales, Company Registration 1789170), 26th Floor, The Shard, 32 London Bridge Street, London SE1 9SG, marked for the attention of the Company Secretary. Except as provided in or contemplated by this Agreement, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
Thank you for visiting www.costar.co.uk.
Last Revised: 1 October 2020
