Terms of Service
Terms of Service
Last Updated: June 30, 2019
Welcome! Commercial Analytics, LLC (“CA,” “we,” “us,” or “our”) is a Seattle based company that provides leading research, analytical, and reporting services to the commercial real estate industry. The CA website (https://www.commercial-analytics.com/) (together with any successor website(s), the “Site”), our PDF and web-accessible reports,, our interactive online reports (available through the CA Online system), and any other products or services that we may provide to you, now or at a later time, are collectively referred to as the “Services” in these Terms of Service (“Terms”). Except as otherwise specified in Section 14 (Subscriber Terms) and Section 15 (Contributor Terms) below, all visitors to the Site and Apps and/or all users of our Services, including our Subscribers and Contributors, are collectively referred to as the “Users,” “you,” or “your.” Subscribers are registered Users who have purchased our reports and/or CA Online subscription, and Contributors are registered Users who have provided commercial real estate data to our Services.
1. Acceptance of Terms
These Terms constitute a legal agreement between you, whether personally or on behalf of an entity, and CA. By accessing or using our Services, you (i) represent and warrant that you are at least eighteen (18) years old and you have the right, authority, and capacity to enter into these Terms; and (ii) agree to be bound by these Terms (including our Privacy Policy) and all applicable laws and regulations.
You acknowledge and agree that (i) your use of the Services is voluntary; and (ii) your use of the Services and reliance on any information provided by CA, CA employees, CA’s customer service team, CA Researchers (defined below), others appearing on the Site or Apps, or other Users (“Information”) are at your sole and exclusive risk. CA HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE CA AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “CA PARTIES”) FROM DAMAGE, OR LOSS TO YOU THAT MAY RESULT FROM, OR RELATED TO, YOUR USE OF THE SERVICES AND RELIANCE ON ANY INFORMATION.
IF YOU DO NOT AGREE OR ARE UNABLE TO AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OUR SERVICES.
2. Our Services
Our Services are designed to provide Users with rent, vacancy, expense and development reports and analysis, including historically standard market information that has been greatly enhanced using the latest technology. Agents and employees of CA analyze commercial real estate data (collectively, the “CA Researchers”), including the data provided by our Contributors relating to commercial real estate ("Contributor Data”). CA Researchers are obligated to keep property-specific or individualized data confidential, and access to individualized data is limited to a very small select team.
The content available on the Site and Apps or in our reports ("CA Content") is for informational purposes only. The CA Content is not intended to be a substitute for professional advice. CA also does not endorse any specific professional commercial real estate service providers, services, products, opinions, or other information that may be mentioned on the Site, Apps, or our reports.
3. Use of the Services
Subject to these Terms, we grant you permission to access and use the Services for personal or internal business uses only and solely to the extent appropriate for your User status (e.g., only Subscribers have permission to access and use our Services provided to Subscribers based on each Subscriber’s purchase and subscription (the “Subscriber Services”)). Use of our Services does not give you ownership of any intellectual property rights in our Services or any CA Content you access in relation to our Services. Your use of the Services must be in accordance with all applicable laws and regulations and these Terms. Your permission to use the Services shall automatically terminate if you violate any of these Terms. To protect Users, we reserve the right to suspend or terminate your use of any of our Services with or without notice at any time in our sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Services after such suspension or termination.
You agree not to, and not to permit or encourage others to, do any of the following:
• attempt to gain unauthorized access to other Users’ accounts or to the Services;
• restrict or inhibit any other User from using and enjoying the Services;
• defame, harass, stalk, threaten, harm, or otherwise violate the legal rights of others;
• attempt to modify, decompile, or reverse engineer any software contained in the Services;
• violate or attempt to violate any security features of the Services;
• upload or distribute viruses, worms, Trojan horses, time bombs, spiders, or any other similar software, malware, or materials that may damage, interfere with, or overburden the Services;
• use data mining, robots, or similar data gathering and extraction tools;
• reproduce, duplicate, copy, sell, re-sell, or exploit any information, materials, or content obtained from the Services for any purpose;
• use the Services or engage with other Users in any manner that violates applicable laws or regulations; or
• otherwise violate these Terms.
4. User Content
“User Content” is defined as any content, information, data, messages, photos, and/or materials that Users post or submit to the Services, including, but not limited to, your profile information and Contributor Data. You agree and warrant that you will not provide any User Content that: (a) is illegal, profane, obscene, threatening, or defamatory; (b) is invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to others or objectionable; and (c) consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
To the extent that you provide User Content, you grant CA a fully-transferable, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, sell, monetize, and otherwise use the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content and you have all rights necessary to provide the User Content to us and to grant the license described above. In addition, you will indemnify us for all claims resulting from the User Content you supply.
Please understand that CA has no control over the accuracy, reliability, completeness or timeliness of any User Content, and makes no representations about any User Content. We have the right, but not the obligation, to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
5. Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE CA PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE CA PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE FOLLOWING: (I) THAT YOUR ACCESS TO THE SERVICES WILL BE RELIABLE, UNINTERRUPTED, OR ERROR-FREE; (II) THAT THE SERVICES WILL BE FREE OF VIRUSES AND MALWARE; (III) THAT THE INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE, TRUE, OR TIMELY; (IV) THE CONDUCT OF ANY USERS ONLINE OR OFFLINE; (V) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE, OR MISAPPROPRIATION OF ANY USER ACCOUNT, CONTENT OR INFORMATION; (VI) YOUR USE OF THE CA RESEARCHERS, ANY THIRD-PARTY SERVICES OR PRODUCTS, OR ANY THIRD-PARTY SITES LINKED TO FROM OUR SERVICES; AND (VII) ANY USER CONTENT.
6. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CA PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT OR INFORMATION; OR (C) YOUR INTERRACTIONS WITH THE CA RESEARCHERS, OTHER USERS, OR THIRD-PARTY SERVICE OR PRODUCT PROVIDERS, WHETHER ONLINE OR OFFLINE. THE ABOVE LIMITATIONS APPLY EVEN IF THE CA PARTIES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE MAXIMUM EXTENT OF DAMAGES YOU MAY RECOVER AGAINST CA IS THE AMOUNT OF ANY PAYMENTS YOU MADE TO CA WITHIN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7. Indemnification
You agree to indemnify, defend, and hold harmless the CA Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party arising out of or related to: (a) your use or misuse of, or inability to use, the Services; (b) your violation of any of these Terms; (c) your violation of any law or rights of any third party; (d) your violation of any contractual obligations toward others, including, without limitation, confidentiality obligations; (e) your interactions with or conduct towards any other Users, or (f) any User Content provided by you, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.
8. Third-Party Providers and Third-Party Sites
In order to provide the Services to you, we may work with third-party providers and use their products and/or services to enable certain functionalities and components of the Services, e.g., CA Online is built on NavigatorCRE, a cloud-based platform, and we currently use third-part payment service providers to process payments for us. By using the Services, you acknowledge and agree that (i) CA has no control over third-party products and services, and therefore CA cannot and does not provide any warranty or support for such products and services nor will CA be responsible for the performance of any software or other products or services provided by third parties; (ii) CA may allow providers of third-party products to transport your information and data as required for the operation of the Services, and CA will not be responsible for any disclosure, modification, or deletion of any customer information or data resulting from any such access by third-party product providers; and (iii) your use of third-party products and/or services may be subject to additional terms imposed by the third-party providers of such products and/or services. Also, for informational purposes only, we may provide links to third-party sites. CA is not responsible for the content of or services provided by any such linked site. The inclusion of any link does not imply endorsement by CA of the site. Use of any such linked site is at your own risk.
9. Changes and Termination of The Services
We are constantly looking to improve our Services. We may add or remove content, functions, features, or requirements, and we may suspend or stop a Service altogether. We also reserve the right to terminate your use of any Service for any reason at any time.
10. Changes of Terms; Severability
CA reserves the right to revise these Terms at our sole discretion at any time. Any changes are effective immediately upon posting. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after posting of such changes, with or without notification, constitutes your agreement to the revised Terms. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
11. Governing Law and Dispute Resolution
Any claim arising out of or relating to the Services or this Agreement shall be governed by the laws of the State of Washington without regard to conflict of law principles. Any legal action or proceeding to enforce, construe, or otherwise concerning these Terms will be brought exclusively in the state or federal courts located in King County in the State of Washington, and you agree to irrevocably submit to the exclusive jurisdiction and venue of those courts in any such action or proceeding, which jurisdiction you acknowledge is fair and reasonable.
IN ADDITION, WE EACH AGREE THAT ANY CLAIM YOU PURSUE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION AND THAT YOU WAIVE ANY RIGHT TO PURSUE, AS A MEMBER OR CLASS REPRESENTATIVE ANY FORM OF PUTATIVE CLASS OR CONSOLIDATED ACTION AGAINST CA. FURTHER, WE EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
12. Notice
You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site, the Apps, or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. Digital Millennium Copyright Act
If you are a copyright owner or an agent of a copyright owner and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed upon;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may direct copyright infringement notifications to our Copyright Agent at 12345 Lake City Way NE #214, Seattle, WA 98125, email: [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section 13, your DMCA notice may not be valid.
14. Subscriber Terms
In addition to Sections 1 through 13 above, Subscribers are also subject to the terms and conditions set forth in this Section 14. For the sole purpose of this Section 14, the term “you” or “your” refers to Subscribers only.
14.1 Subscriptions
CA offers an array of subscription options. Please visit our Subscriber page for more details. Unless expressly authorized by CA, subscriptions are not transferable and subscription fees are non-refundable.
14.2 Subscriber Account and Security
In order to access the Subscriber-only portions of the Site and Apps and use the Subscriber Services, you will need to create a Subscriber account or accounts and provide us with certain information about yourself. Subject to CA’s approval, you may list a limited number of additional authorized users; all authorized users must review and agree to these Terms before they may use the Subscriber Services. Your information will be used in accordance with our Privacy Policy. You are responsible for providing accurate, current and complete information in connection with your account registration. You must at all times keep your password and account login confidential and shall not permit anyone other than the authorized users specified on your account(s) to use your login information, password, or subscription. You are solely responsible for all activities that occur under your password or on your account(s). You agree to immediately notify us of any compromised or unauthorized use of your password or account(s). We will not be liable for any losses caused by unauthorized use of your account(s). However, you could be held liable for losses to CA or others due to such unauthorized use.
14.3 Subscriber Fees and Payment Terms
Subscriber Fees. By signing up for an annual subscription, you understand and agree that (i) you are committed to a yearly subscription program and are responsible for the subscription fees for the full subscription year; and (ii) the subscription cannot be cancelled and/or terminated once purchased. By signing up for a monthly subscription to CA Online, you understand and agree that (i) such subscription will automatically renew each month unless you notify CA in writing not to renew the subscription at least 30 days before the end of the current subscription month. For individually purchased reports, Subscriber fees will be refunded only if the ordered report is unavailable within thirty (30) days of the order. You also understand and agree to the following:
• The subscription fees of your subscription may vary based on the type of subscription you select.
• The subscription fees are subject to change at any time in CA’s sole discretion, and we will take reasonable steps to notify you of such changes that may be applicable to your subscription.
• CA will charge the Payment Card (defined below) the full amount of the subscription fee for annual subscriptions and the monthly fee for CA Online subscriptions on a monthly basis until your subscription is cancelled or terminated in accordance with these Terms.
• The subscription fees are non-refundable and non-waivable.
• We will collect applicable taxes from you associated with the subscription fees or any other charges which we determine we have a duty to collect under applicable law.
Payment Processing Providers. We use third-party payment processors, currently Stripe, Inc. ("Stripe") and WePay, Inc. ("WePay”), to help facilitate and process subscription payments. The payment processing services are provided by Stripe and/or WePay and are subject to their respective terms, including the Stripe Service Agreement - United States and any other applicable Stripe agreements, as the same may be modified by Stripe from time to time (collectively, the "Stripe Services Agreement") and WePay Terms of Service at https://go.wepay.com/terms-of-service-us/. By agreeing to these Terms, Subscribers also agree to be bound by the Stripe Services Agreement and WePay Terms of Service. CA assumes no liability or responsibility for any payments you may make through the services provided by these third-party payment processors.
Payment Cards. You may use (i) Visa®, MasterCard®, or American Express® credit cards; (ii) Visa or MasterCard check cards to pay for the subscription fees. Any such credit or check card shall be referred to as the “Payment Card.” You hereby authorize CA to (i) place a pending charge to your Payment Card when you sign up for any subscription prior to each subsequent periodic charge for your subscription; (ii) charge your Payment Card every month for the subscription fees; and (iii) charge your Payment Card for any other charges you may incur associated with your subscription, if applicable. Cash or check is not an acceptable payment method for subscription billing.
Fees Relating to Your Payment Card. You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank, or financial institution, including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees.
Inability to Charge Your Payment Card. If your Payment Card does not accept charges for any subscription fee for any reason (e.g., expired or suspended), your subscription will be immediately suspended until the payment is collected. You must make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information to CA. For the sixty (60) days immediately following the suspension day (the “Rectification Period”), CA may attempt to charge the existing Payment Card or the new Payment Card (in the event that you have provided CA with new Payment Card information) the unpaid subscription fee every ten (10) days. Please note that service charges may occur for any fees owed to CA in arrears, which will be collected in accordance with applicable laws.
If CA is able to charge your Payment Card and any past due subscription fees are paid in full during the Rectification Period, then (i) your subscription will continue uninterrupted; (ii) the Payment Card that CA is able to charge will be used to charge the subscription and other applicable fees for each consecutive billing period (your original recurring billing date will still apply) until your subscription is cancelled or terminated; and (iii) this Payment Card will be your Payment Card on your account for all purposes, including, without limitation, for charging you any unpaid amount that you owe CA upon cancellation or termination of your subscription.
If CA is unable to charge your Payment Card during the Rectification Period, CA will terminate your subscription and you will not be able to use our Services any longer. You will not receive a refund on any amounts paid regardless of the length of the remaining time of your subscription year, and you will remain fully responsible for all unpaid subscription fees, including any subscription fees for the remaining time of your subscription year and any other charges against your account.
In addition to the above, if a Subscriber defaults on any payment due to CA, CA may declare all or any of the future payments to be made under these Terms immediately due and payable and also reserves the right to use other actions and remedies.
Payment Card Account Updating Services. From time to time, CA may avail itself of account updating services provided by the Payment Card industry, including, without limitation, Visa’s Account Updater program, MasterCard’s Automatic Billing Update program, or Apple Pay’s Account Updater program. By enrolling in an annual subscription, you hereby agree and authorize CA to update your Payment Card or similar account information and charge any updated Payment Card in accordance with the terms and conditions of such account updating programs.
14.4 Suspension or Termination by CA. CA may suspend or terminate your use of the Services at any time for any breach of these Terms or for any other reason by giving you written or oral notice of such suspension or termination.
15. Contributor Terms
In addition to Sections 1 through 13, Contributors are also subject to the terms and conditions set forth in this Section 15. If a Contributor is also a Subscriber, Section 14 also applies; if a Contributor is not a Subscriber but otherwise has CA account(s), then Section 14.2 applies too. For the sole purpose of this Section 15, the term “you” or “your” refers to Contributors only.
15.1 Contributor Data
By submitting Contributor Data to CA, you expressly acknowledge and agree that such Contributor Data are considered User Content and subject to Section 4 of these Terms. You further agree that CA may view, report, analyze and disperse aggregated Contributor Data, which is aggregated with data of at least two (2) additional properties.
Contributor Data will be viewed, reported and analyzed only by the CA Researchers and its analytics partners. Contributor Data will be held in perpetuity and aggregated monthly, quarterly, and annually for various reporting needs. Various data points will be provided upon request to various State and local authorities for reporting purposes, however data will be held private in the CA platform. Should a Contributor choose to cease their contribution, the legacy data will be held and utilized for historical analytics and reference. CA will not disclose, sell, license, de-aggregate for commercial use or share data regarding individual properties, including, but not limited to, individual property data regarding, rent, vacancy, expenses, financial or performance, in its reports or the CA Online system.
15.2 Contributor Rights and Obligations
By becoming a Contributor of CA, you will be eligible to receive the report(s) to which you contributed data and may also be eligible to access the CA Online platform for your organizations’ use with an allotted number of licenses. In order to view the report(s) and access the CA Online platform, you may be required to create an account or accounts. Subject to CA’s approval, you may list a limited number of additional authorized users; all authorized users must review and agree to these Terms before they may use the Subscriber Services. Your information will be used in accordance with our Privacy Policy. You are responsible for providing accurate, current and complete information in connection with your account registration. You must at all times keep your password and account login confidential and shall not permit anyone other than the authorized users specified on your account(s) to use your login information, password, or subscription. You are solely responsible for all activities that occur under your password or on your account(s). You agree to immediately notify us of any compromised or unauthorized use of your password or account(s). We will not be liable for any losses caused by unauthorized use of your account(s). However, you could be held liable for losses to CA or others due to such unauthorized use.
Your company may be referenced in marketing and investment disclosures as a user of the platform and you hereby expressly grant CA the permission and license for such use.
You may not replicate, share, copy, sell or misuse the report(s) or the CA online platform outside of their designated terms of use and liability; and you may not disclose pricing or deal structure to any non-company employee or consultant without consent from an authorized CA representative.
16. CA Apps End User License Terms
16.1 License Grant
Subject to these Terms, CA grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the CA Apps for your personal or internal business uses on a single mobile device owned or otherwise controlled by you (“Mobile Device”); and (b) access download, and use on such Mobile Device the Services made available in or otherwise accessible through the Apps, both strictly in accordance with these Terms of Service, including the license terms herein.
16.2 License Restrictions
You shall not: (a) copy the Apps, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Apps; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Apps or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Apps, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Apps, or any features or functionality of the Apps, to any third party for any reason, including by making the Apps available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Apps.
16.3 Reservation of Rights
You acknowledge and agree that the Apps are provided under license, and not sold, to you. You do not acquire any ownership interest in the Apps under these Terms, or any other rights thereto other than to use the Apps in accordance with the license granted, and subject to all terms, conditions, and restrictions, under the Terms. CA and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Apps, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
16.4 Collection and Use of Your Information
You acknowledge that when you download, install, or use the Apps, CA may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Apps or certain of its features or functionality. All information we collect through or in connection with the Apps is subject to our Privacy Policy.
16.5 Terms Required by Apple Inc.
Capitalized terms used but not defined in this section shall have the respective meanings given to them in the Apple Media Services Terms and Conditions (the “App Store Terms of Service”):
(a) You acknowledge that you understand these Terms are between you and CA only, and not with Apple Inc. (“Apple”). CA, not Apple, is solely responsible for the Apps and the content thereof.
(b) Your use of the CA iOS App (the “iOS App” thereinafter) must comply with the Usage Rules set forth in the App Store Terms of Service. The license granted to you for the iOS App is a non-transferable license to use the iOS App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such iOS App may be accessed and used by other accounts associated with you with the purchaser via Family Sharing or volume purchasing.
(c) CA is solely responsible for providing, and Apple has no obligation to provide, maintenance and support for the iOS App. Support requests, as well as questions or complaints regarding the iOS App, may be directed to CA at [email protected]. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
(d) In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty (only to the extent such warranty is not allowed to be disclaimed under applicable law) will be CA’s sole responsibility.
(e) You acknowledge that CA, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to, (i) product liability claims, (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation.
(f) You acknowledge that in the event of any third-party claim that the iOS App or your possession and use of such iOS App infringes that third party’s intellectual property rights, CA, not Apple, will be solely responsible for the investigation, defense, settlement, or discharge of any of any such intellectual property infringement claim.
(g) You represent and warrant that (i) you are not located and the iOS App will be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) CA’s address is 12345 Lake City Way NE, No. 214, Seattle, WA 98125. You should direct any questions, complaints, or claims with respect to the iOS App to this address or to the contact information listed in section (c) above.
(i) You must comply with all applicable third-party terms of agreement when using the iOS App (e.g., Your wireless data service agreement).
(j) You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms to the extent that they are applicable to your iOS App and have the right (and shall be deemed to have accepted the right) to enforce these Terms to the extent that they are applicable to the iOS App against you.
A printable version of this document is available here.
Last Updated: June 30, 2019
Welcome! Commercial Analytics, LLC (“CA,” “we,” “us,” or “our”) is a Seattle based company that provides leading research, analytical, and reporting services to the commercial real estate industry. The CA website (https://www.commercial-analytics.com/) (together with any successor website(s), the “Site”), our PDF and web-accessible reports,, our interactive online reports (available through the CA Online system), and any other products or services that we may provide to you, now or at a later time, are collectively referred to as the “Services” in these Terms of Service (“Terms”). Except as otherwise specified in Section 14 (Subscriber Terms) and Section 15 (Contributor Terms) below, all visitors to the Site and Apps and/or all users of our Services, including our Subscribers and Contributors, are collectively referred to as the “Users,” “you,” or “your.” Subscribers are registered Users who have purchased our reports and/or CA Online subscription, and Contributors are registered Users who have provided commercial real estate data to our Services.
1. Acceptance of Terms
These Terms constitute a legal agreement between you, whether personally or on behalf of an entity, and CA. By accessing or using our Services, you (i) represent and warrant that you are at least eighteen (18) years old and you have the right, authority, and capacity to enter into these Terms; and (ii) agree to be bound by these Terms (including our Privacy Policy) and all applicable laws and regulations.
You acknowledge and agree that (i) your use of the Services is voluntary; and (ii) your use of the Services and reliance on any information provided by CA, CA employees, CA’s customer service team, CA Researchers (defined below), others appearing on the Site or Apps, or other Users (“Information”) are at your sole and exclusive risk. CA HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE CA AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “CA PARTIES”) FROM DAMAGE, OR LOSS TO YOU THAT MAY RESULT FROM, OR RELATED TO, YOUR USE OF THE SERVICES AND RELIANCE ON ANY INFORMATION.
IF YOU DO NOT AGREE OR ARE UNABLE TO AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OUR SERVICES.
2. Our Services
Our Services are designed to provide Users with rent, vacancy, expense and development reports and analysis, including historically standard market information that has been greatly enhanced using the latest technology. Agents and employees of CA analyze commercial real estate data (collectively, the “CA Researchers”), including the data provided by our Contributors relating to commercial real estate ("Contributor Data”). CA Researchers are obligated to keep property-specific or individualized data confidential, and access to individualized data is limited to a very small select team.
The content available on the Site and Apps or in our reports ("CA Content") is for informational purposes only. The CA Content is not intended to be a substitute for professional advice. CA also does not endorse any specific professional commercial real estate service providers, services, products, opinions, or other information that may be mentioned on the Site, Apps, or our reports.
3. Use of the Services
Subject to these Terms, we grant you permission to access and use the Services for personal or internal business uses only and solely to the extent appropriate for your User status (e.g., only Subscribers have permission to access and use our Services provided to Subscribers based on each Subscriber’s purchase and subscription (the “Subscriber Services”)). Use of our Services does not give you ownership of any intellectual property rights in our Services or any CA Content you access in relation to our Services. Your use of the Services must be in accordance with all applicable laws and regulations and these Terms. Your permission to use the Services shall automatically terminate if you violate any of these Terms. To protect Users, we reserve the right to suspend or terminate your use of any of our Services with or without notice at any time in our sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Services after such suspension or termination.
You agree not to, and not to permit or encourage others to, do any of the following:
• attempt to gain unauthorized access to other Users’ accounts or to the Services;
• restrict or inhibit any other User from using and enjoying the Services;
• defame, harass, stalk, threaten, harm, or otherwise violate the legal rights of others;
• attempt to modify, decompile, or reverse engineer any software contained in the Services;
• violate or attempt to violate any security features of the Services;
• upload or distribute viruses, worms, Trojan horses, time bombs, spiders, or any other similar software, malware, or materials that may damage, interfere with, or overburden the Services;
• use data mining, robots, or similar data gathering and extraction tools;
• reproduce, duplicate, copy, sell, re-sell, or exploit any information, materials, or content obtained from the Services for any purpose;
• use the Services or engage with other Users in any manner that violates applicable laws or regulations; or
• otherwise violate these Terms.
4. User Content
“User Content” is defined as any content, information, data, messages, photos, and/or materials that Users post or submit to the Services, including, but not limited to, your profile information and Contributor Data. You agree and warrant that you will not provide any User Content that: (a) is illegal, profane, obscene, threatening, or defamatory; (b) is invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to others or objectionable; and (c) consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
To the extent that you provide User Content, you grant CA a fully-transferable, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, sell, monetize, and otherwise use the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content and you have all rights necessary to provide the User Content to us and to grant the license described above. In addition, you will indemnify us for all claims resulting from the User Content you supply.
Please understand that CA has no control over the accuracy, reliability, completeness or timeliness of any User Content, and makes no representations about any User Content. We have the right, but not the obligation, to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
5. Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE CA PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE CA PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE FOLLOWING: (I) THAT YOUR ACCESS TO THE SERVICES WILL BE RELIABLE, UNINTERRUPTED, OR ERROR-FREE; (II) THAT THE SERVICES WILL BE FREE OF VIRUSES AND MALWARE; (III) THAT THE INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE, TRUE, OR TIMELY; (IV) THE CONDUCT OF ANY USERS ONLINE OR OFFLINE; (V) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE, OR MISAPPROPRIATION OF ANY USER ACCOUNT, CONTENT OR INFORMATION; (VI) YOUR USE OF THE CA RESEARCHERS, ANY THIRD-PARTY SERVICES OR PRODUCTS, OR ANY THIRD-PARTY SITES LINKED TO FROM OUR SERVICES; AND (VII) ANY USER CONTENT.
6. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CA PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT OR INFORMATION; OR (C) YOUR INTERRACTIONS WITH THE CA RESEARCHERS, OTHER USERS, OR THIRD-PARTY SERVICE OR PRODUCT PROVIDERS, WHETHER ONLINE OR OFFLINE. THE ABOVE LIMITATIONS APPLY EVEN IF THE CA PARTIES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE MAXIMUM EXTENT OF DAMAGES YOU MAY RECOVER AGAINST CA IS THE AMOUNT OF ANY PAYMENTS YOU MADE TO CA WITHIN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7. Indemnification
You agree to indemnify, defend, and hold harmless the CA Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party arising out of or related to: (a) your use or misuse of, or inability to use, the Services; (b) your violation of any of these Terms; (c) your violation of any law or rights of any third party; (d) your violation of any contractual obligations toward others, including, without limitation, confidentiality obligations; (e) your interactions with or conduct towards any other Users, or (f) any User Content provided by you, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.
8. Third-Party Providers and Third-Party Sites
In order to provide the Services to you, we may work with third-party providers and use their products and/or services to enable certain functionalities and components of the Services, e.g., CA Online is built on NavigatorCRE, a cloud-based platform, and we currently use third-part payment service providers to process payments for us. By using the Services, you acknowledge and agree that (i) CA has no control over third-party products and services, and therefore CA cannot and does not provide any warranty or support for such products and services nor will CA be responsible for the performance of any software or other products or services provided by third parties; (ii) CA may allow providers of third-party products to transport your information and data as required for the operation of the Services, and CA will not be responsible for any disclosure, modification, or deletion of any customer information or data resulting from any such access by third-party product providers; and (iii) your use of third-party products and/or services may be subject to additional terms imposed by the third-party providers of such products and/or services. Also, for informational purposes only, we may provide links to third-party sites. CA is not responsible for the content of or services provided by any such linked site. The inclusion of any link does not imply endorsement by CA of the site. Use of any such linked site is at your own risk.
9. Changes and Termination of The Services
We are constantly looking to improve our Services. We may add or remove content, functions, features, or requirements, and we may suspend or stop a Service altogether. We also reserve the right to terminate your use of any Service for any reason at any time.
10. Changes of Terms; Severability
CA reserves the right to revise these Terms at our sole discretion at any time. Any changes are effective immediately upon posting. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after posting of such changes, with or without notification, constitutes your agreement to the revised Terms. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
11. Governing Law and Dispute Resolution
Any claim arising out of or relating to the Services or this Agreement shall be governed by the laws of the State of Washington without regard to conflict of law principles. Any legal action or proceeding to enforce, construe, or otherwise concerning these Terms will be brought exclusively in the state or federal courts located in King County in the State of Washington, and you agree to irrevocably submit to the exclusive jurisdiction and venue of those courts in any such action or proceeding, which jurisdiction you acknowledge is fair and reasonable.
IN ADDITION, WE EACH AGREE THAT ANY CLAIM YOU PURSUE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION AND THAT YOU WAIVE ANY RIGHT TO PURSUE, AS A MEMBER OR CLASS REPRESENTATIVE ANY FORM OF PUTATIVE CLASS OR CONSOLIDATED ACTION AGAINST CA. FURTHER, WE EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
12. Notice
You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site, the Apps, or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. Digital Millennium Copyright Act
If you are a copyright owner or an agent of a copyright owner and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed upon;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may direct copyright infringement notifications to our Copyright Agent at 12345 Lake City Way NE #214, Seattle, WA 98125, email: [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section 13, your DMCA notice may not be valid.
14. Subscriber Terms
In addition to Sections 1 through 13 above, Subscribers are also subject to the terms and conditions set forth in this Section 14. For the sole purpose of this Section 14, the term “you” or “your” refers to Subscribers only.
14.1 Subscriptions
CA offers an array of subscription options. Please visit our Subscriber page for more details. Unless expressly authorized by CA, subscriptions are not transferable and subscription fees are non-refundable.
14.2 Subscriber Account and Security
In order to access the Subscriber-only portions of the Site and Apps and use the Subscriber Services, you will need to create a Subscriber account or accounts and provide us with certain information about yourself. Subject to CA’s approval, you may list a limited number of additional authorized users; all authorized users must review and agree to these Terms before they may use the Subscriber Services. Your information will be used in accordance with our Privacy Policy. You are responsible for providing accurate, current and complete information in connection with your account registration. You must at all times keep your password and account login confidential and shall not permit anyone other than the authorized users specified on your account(s) to use your login information, password, or subscription. You are solely responsible for all activities that occur under your password or on your account(s). You agree to immediately notify us of any compromised or unauthorized use of your password or account(s). We will not be liable for any losses caused by unauthorized use of your account(s). However, you could be held liable for losses to CA or others due to such unauthorized use.
14.3 Subscriber Fees and Payment Terms
Subscriber Fees. By signing up for an annual subscription, you understand and agree that (i) you are committed to a yearly subscription program and are responsible for the subscription fees for the full subscription year; and (ii) the subscription cannot be cancelled and/or terminated once purchased. By signing up for a monthly subscription to CA Online, you understand and agree that (i) such subscription will automatically renew each month unless you notify CA in writing not to renew the subscription at least 30 days before the end of the current subscription month. For individually purchased reports, Subscriber fees will be refunded only if the ordered report is unavailable within thirty (30) days of the order. You also understand and agree to the following:
• The subscription fees of your subscription may vary based on the type of subscription you select.
• The subscription fees are subject to change at any time in CA’s sole discretion, and we will take reasonable steps to notify you of such changes that may be applicable to your subscription.
• CA will charge the Payment Card (defined below) the full amount of the subscription fee for annual subscriptions and the monthly fee for CA Online subscriptions on a monthly basis until your subscription is cancelled or terminated in accordance with these Terms.
• The subscription fees are non-refundable and non-waivable.
• We will collect applicable taxes from you associated with the subscription fees or any other charges which we determine we have a duty to collect under applicable law.
Payment Processing Providers. We use third-party payment processors, currently Stripe, Inc. ("Stripe") and WePay, Inc. ("WePay”), to help facilitate and process subscription payments. The payment processing services are provided by Stripe and/or WePay and are subject to their respective terms, including the Stripe Service Agreement - United States and any other applicable Stripe agreements, as the same may be modified by Stripe from time to time (collectively, the "Stripe Services Agreement") and WePay Terms of Service at https://go.wepay.com/terms-of-service-us/. By agreeing to these Terms, Subscribers also agree to be bound by the Stripe Services Agreement and WePay Terms of Service. CA assumes no liability or responsibility for any payments you may make through the services provided by these third-party payment processors.
Payment Cards. You may use (i) Visa®, MasterCard®, or American Express® credit cards; (ii) Visa or MasterCard check cards to pay for the subscription fees. Any such credit or check card shall be referred to as the “Payment Card.” You hereby authorize CA to (i) place a pending charge to your Payment Card when you sign up for any subscription prior to each subsequent periodic charge for your subscription; (ii) charge your Payment Card every month for the subscription fees; and (iii) charge your Payment Card for any other charges you may incur associated with your subscription, if applicable. Cash or check is not an acceptable payment method for subscription billing.
Fees Relating to Your Payment Card. You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank, or financial institution, including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees.
Inability to Charge Your Payment Card. If your Payment Card does not accept charges for any subscription fee for any reason (e.g., expired or suspended), your subscription will be immediately suspended until the payment is collected. You must make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information to CA. For the sixty (60) days immediately following the suspension day (the “Rectification Period”), CA may attempt to charge the existing Payment Card or the new Payment Card (in the event that you have provided CA with new Payment Card information) the unpaid subscription fee every ten (10) days. Please note that service charges may occur for any fees owed to CA in arrears, which will be collected in accordance with applicable laws.
If CA is able to charge your Payment Card and any past due subscription fees are paid in full during the Rectification Period, then (i) your subscription will continue uninterrupted; (ii) the Payment Card that CA is able to charge will be used to charge the subscription and other applicable fees for each consecutive billing period (your original recurring billing date will still apply) until your subscription is cancelled or terminated; and (iii) this Payment Card will be your Payment Card on your account for all purposes, including, without limitation, for charging you any unpaid amount that you owe CA upon cancellation or termination of your subscription.
If CA is unable to charge your Payment Card during the Rectification Period, CA will terminate your subscription and you will not be able to use our Services any longer. You will not receive a refund on any amounts paid regardless of the length of the remaining time of your subscription year, and you will remain fully responsible for all unpaid subscription fees, including any subscription fees for the remaining time of your subscription year and any other charges against your account.
In addition to the above, if a Subscriber defaults on any payment due to CA, CA may declare all or any of the future payments to be made under these Terms immediately due and payable and also reserves the right to use other actions and remedies.
Payment Card Account Updating Services. From time to time, CA may avail itself of account updating services provided by the Payment Card industry, including, without limitation, Visa’s Account Updater program, MasterCard’s Automatic Billing Update program, or Apple Pay’s Account Updater program. By enrolling in an annual subscription, you hereby agree and authorize CA to update your Payment Card or similar account information and charge any updated Payment Card in accordance with the terms and conditions of such account updating programs.
14.4 Suspension or Termination by CA. CA may suspend or terminate your use of the Services at any time for any breach of these Terms or for any other reason by giving you written or oral notice of such suspension or termination.
15. Contributor Terms
In addition to Sections 1 through 13, Contributors are also subject to the terms and conditions set forth in this Section 15. If a Contributor is also a Subscriber, Section 14 also applies; if a Contributor is not a Subscriber but otherwise has CA account(s), then Section 14.2 applies too. For the sole purpose of this Section 15, the term “you” or “your” refers to Contributors only.
15.1 Contributor Data
By submitting Contributor Data to CA, you expressly acknowledge and agree that such Contributor Data are considered User Content and subject to Section 4 of these Terms. You further agree that CA may view, report, analyze and disperse aggregated Contributor Data, which is aggregated with data of at least two (2) additional properties.
Contributor Data will be viewed, reported and analyzed only by the CA Researchers and its analytics partners. Contributor Data will be held in perpetuity and aggregated monthly, quarterly, and annually for various reporting needs. Various data points will be provided upon request to various State and local authorities for reporting purposes, however data will be held private in the CA platform. Should a Contributor choose to cease their contribution, the legacy data will be held and utilized for historical analytics and reference. CA will not disclose, sell, license, de-aggregate for commercial use or share data regarding individual properties, including, but not limited to, individual property data regarding, rent, vacancy, expenses, financial or performance, in its reports or the CA Online system.
15.2 Contributor Rights and Obligations
By becoming a Contributor of CA, you will be eligible to receive the report(s) to which you contributed data and may also be eligible to access the CA Online platform for your organizations’ use with an allotted number of licenses. In order to view the report(s) and access the CA Online platform, you may be required to create an account or accounts. Subject to CA’s approval, you may list a limited number of additional authorized users; all authorized users must review and agree to these Terms before they may use the Subscriber Services. Your information will be used in accordance with our Privacy Policy. You are responsible for providing accurate, current and complete information in connection with your account registration. You must at all times keep your password and account login confidential and shall not permit anyone other than the authorized users specified on your account(s) to use your login information, password, or subscription. You are solely responsible for all activities that occur under your password or on your account(s). You agree to immediately notify us of any compromised or unauthorized use of your password or account(s). We will not be liable for any losses caused by unauthorized use of your account(s). However, you could be held liable for losses to CA or others due to such unauthorized use.
Your company may be referenced in marketing and investment disclosures as a user of the platform and you hereby expressly grant CA the permission and license for such use.
You may not replicate, share, copy, sell or misuse the report(s) or the CA online platform outside of their designated terms of use and liability; and you may not disclose pricing or deal structure to any non-company employee or consultant without consent from an authorized CA representative.
16. CA Apps End User License Terms
16.1 License Grant
Subject to these Terms, CA grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the CA Apps for your personal or internal business uses on a single mobile device owned or otherwise controlled by you (“Mobile Device”); and (b) access download, and use on such Mobile Device the Services made available in or otherwise accessible through the Apps, both strictly in accordance with these Terms of Service, including the license terms herein.
16.2 License Restrictions
You shall not: (a) copy the Apps, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Apps; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Apps or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Apps, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Apps, or any features or functionality of the Apps, to any third party for any reason, including by making the Apps available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Apps.
16.3 Reservation of Rights
You acknowledge and agree that the Apps are provided under license, and not sold, to you. You do not acquire any ownership interest in the Apps under these Terms, or any other rights thereto other than to use the Apps in accordance with the license granted, and subject to all terms, conditions, and restrictions, under the Terms. CA and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Apps, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
16.4 Collection and Use of Your Information
You acknowledge that when you download, install, or use the Apps, CA may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Apps or certain of its features or functionality. All information we collect through or in connection with the Apps is subject to our Privacy Policy.
16.5 Terms Required by Apple Inc.
Capitalized terms used but not defined in this section shall have the respective meanings given to them in the Apple Media Services Terms and Conditions (the “App Store Terms of Service”):
(a) You acknowledge that you understand these Terms are between you and CA only, and not with Apple Inc. (“Apple”). CA, not Apple, is solely responsible for the Apps and the content thereof.
(b) Your use of the CA iOS App (the “iOS App” thereinafter) must comply with the Usage Rules set forth in the App Store Terms of Service. The license granted to you for the iOS App is a non-transferable license to use the iOS App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such iOS App may be accessed and used by other accounts associated with you with the purchaser via Family Sharing or volume purchasing.
(c) CA is solely responsible for providing, and Apple has no obligation to provide, maintenance and support for the iOS App. Support requests, as well as questions or complaints regarding the iOS App, may be directed to CA at [email protected]. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
(d) In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty (only to the extent such warranty is not allowed to be disclaimed under applicable law) will be CA’s sole responsibility.
(e) You acknowledge that CA, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to, (i) product liability claims, (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation.
(f) You acknowledge that in the event of any third-party claim that the iOS App or your possession and use of such iOS App infringes that third party’s intellectual property rights, CA, not Apple, will be solely responsible for the investigation, defense, settlement, or discharge of any of any such intellectual property infringement claim.
(g) You represent and warrant that (i) you are not located and the iOS App will be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) CA’s address is 12345 Lake City Way NE, No. 214, Seattle, WA 98125. You should direct any questions, complaints, or claims with respect to the iOS App to this address or to the contact information listed in section (c) above.
(i) You must comply with all applicable third-party terms of agreement when using the iOS App (e.g., Your wireless data service agreement).
(j) You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms to the extent that they are applicable to your iOS App and have the right (and shall be deemed to have accepted the right) to enforce these Terms to the extent that they are applicable to the iOS App against you.
A printable version of this document is available here.
