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Terms of use

2009 CB Richard Ellis Disclaimer:

(Effective as of 24 August, 2009)

Please Read Carefully

 

This CB Richard Ellis Terms of Use agreement (the "Agreement") is a legal agreement between you and CB Richard Ellis Limited, its partners, parents, subsidiaries, agents, affiliates and/or licensors ("CB Richard Ellis", "we", "us" or "our") providing, among other things, the terms and conditions for your use of the web site accessible at http://www.cbreresidential.com (the "Site").

 

We may from time to time modify the terms contained in this Agreement without notice. We will post any changes on this Site and you will be bound by such updated terms from the time they are posted. We would advise you to periodically visit this Site and this page of the Site to ensure that you are up to date with any changes that have been made.

 

By using this Site, you accept and agree to the terms and conditions of this Agreement without any reservations, modifications, additions, or deletions.  If you do not agree to the Terms of Use contained in this Agreement, you are not authorised to use the Site.  You may be denied access to the Site, with or without prior notice to you if you do not comply with any provision of this Agreement.

 

1. Authorised users

1.1 Age requirement; authority.  In order to use the Site, you must be at least 18 years of age.  You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement and (ii) you are at least 18 years old.  If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not attempt to access this Site.

 

1.2 Registration.  We reserve the right to restrict certain areas of this Site to approved registered users.  In the event that any area of the Site requires you to register with us prior to our granting you access to such areas of the Site, you agree to provide truthful, accurate, current and complete details, including but not limited to a member name and password as well as your name and a valid email address (the "Account Information").  You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate.  CB Richard Ellis will use your Account Information in accordance with its privacy policy, which can be found at as described further in section 7 of this Agreement.  You are solely responsible for maintaining the confidentiality of your member name and password.  You agree to notify us immediately of any unauthorised use of your member name, password or account.  CB Richard Ellis will not be responsible for any losses arising out of the unauthorised use of your account and you agree to indemnify and keep fully indemnified CB Richard Ellis for any improper, unauthorised or illegal uses of your account.

 

2.  Licence to use the Site

2.1 Grant of license.  CB Richard Ellis grants to you a limited, non-exclusive, non-transferable license to access and use the Site in accordance with this Agreement.  CB Richard Ellis reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.  Any use of the Site not specifically permitted under this Agreement is strictly prohibited.

 

2.2 Restrictions on grant of licence. You agree that you will not sublicense, assign, or transfer the licence granted to you under this Agreement.  Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

 

3. Copyrights and other intellectual property

You acknowledge that CB Richard Ellis owns or has a licence to all title and copyright in and to the content provided on this Site.  All title and intellectual property rights in and to any licensed content provided on this Site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

 

You agree that you will not: (i) use the Site to reproduce, transmit, distribute copyrighted material in any medium or via any method without CB Richard Ellis' express written permission; (ii) download, display or print any part of the content on the Site except to your own computer for your own personal use and not for business purposes; (iii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Site; or (iv) use our site in any way that violates the terms of this Agreement.

 

4. Copyright infringement

In the event of any suspected copyright infringement please notify CB Richard Ellis, Residential Website Team, St Martin's Court, 10 Paternoster Row, London, EC4M 7HP, United Kingdom. Or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

5. Trademarks and third-party trademarks
The following are registered trademarks or trademarks of CB Richard Ellis:  CB Richard Ellis and its design logo, as well as certain other CB Richard Ellis trademarks, service marks, graphics, and logos (collectively, the "CB Richard Ellis trademarks") used in connection with CB Richard Ellis' provision of products and services.  The Site may contain third-party trademarks, service marks, graphics, and logos.  You are not granted any right or licence with respect to the CB Richard Ellis trademarks or the trademarks of any third party.

 

6. Other restrictions
You agree that you will not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the Site; (iii) send chain letters or pyramid schemes via the Site; or (iv) attempt to gain unauthorised access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person's use and enjoyment of the Site.

 

7. Privacy Policy
Unless otherwise addressed in this Agreement, your use of this Site is subject to CB Richard Ellis's Privacy Policy, which is incorporated into and made a part of this Agreement.  It is important that you read and understand the terms of CB Richard Ellis's privacy policy.  Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. CB Richard Ellis shall have no obligations with respect to such material. Any communications and other material which you transmit or post to this Site is and shall remain as our property and by sending the same you agree that we may use the same for any purpose whatsoever, without any compensation being payable by us to you.

 

8. Submissions or other information
If you or any other person submit to us or post on the Site any property listing, testimonial, comment, review, suggestion or any work of authorship (collectively a "submission") including, without limitation, submissions about any of our products or services, you acknowledge that such submissions do not represent the views of CB Richard Ellis. Please do not submit or send any submission to us that you consider contains confidential or proprietary information.   We do not pre-screen submissions and we will have no obligation to read or systematically monitor any particular submission submitted or sent to us.  By submitting or sending a submission to us, you represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any "moral rights" in such submission have been waived.

 

9. Links

This website may contain links to third party website over which CB Richard Ellis has no control. CB Richard Ellis assumes no responsibility for the content of third party websites or for any losses which may arise out of use of a third party website. The presence of a link to a third party does not necessarily mean that CB Richard Ellis endorses that site or has or has not any association with the proprietor of that website.

 

10. General disclaimers

10.1 The Site describes services provided in the United Kingdom and internationally in 36 countries by a network of separate and independent entities or practices (whether or not having juridical or legal personality) offering residential property services. These international firms, together with CB Richard Ellis, are known as CBRE Global Network. Each entity or practice in the CBRE Global Network is a distinct and separate legal entity or practice whether operating under the name CB Richard Ellis or otherwise. No entity or practice operating under the name CB Richard Ellis (including CB Richard Ellis) is liable for the acts or omissions of any other entity or practice. Neither does it act as agent for not have any authority (whether actual, apparent, implied or otherwise) to represent, bind, or obligate in any way any other entity or practice that operates under the name CB Richard Ellis.

 

10.2 We have taken reasonable care to ensure that the information, including property information, contained on the Site is accurate. However, we cannot guarantee its accuracy and make no guarantee, warranty or representation about it. It is submitted subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. The information on this Site includes projections, opinions, assumptions or estimates for example only, and they may not represent current or future performance of the property. You and your legal advisors should conduct your own investigation of the property and transaction.

 

10.3 The site (including all of its content) is provided to you "as is."  Any use of this Site is at your own risk.  To the maximum extent permitted by applicable law, CB Richard Ellis disclaims all warranties, either express or implied, including, but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill.  CB Richard Ellis makes no representations, warranties or guarantees that this Site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and CB Richard Ellis disclaims any liability relating thereto.

 

10.4 CB Richard Ellis makes no representations, warranties or guarantees that use or results of the use of the Site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors.  Without prior notice, CB Richard Ellis may modify, suspend, or discontinue any aspect or feature of this Site or your use of this Site.  If CB Richard Ellis elects to modify, suspend, or discontinue the Site, it will not be liable to you or any third party.

 

10.5 In making the website available, CB Richard Ellis does not imply or establish any client, advisory, financial or professional relationship. Any information provided on the Site is not an offer of contract or part of one. Through the website, neither CB Richard Ellis nor any other person is providing advisory, consulting or other professional services.

 

10.6 You acknowledge that your submission of any information to us is at your own risk.  CB Richard Ellis does not assume any liability to you with regard to any loss or liability relating to such information in any way.

 

10.7 Some of the content, products, and services available through the CB Richard Ellis site may include materials that belong to third parties.  You acknowledge that CB Richard Ellis assumes no responsibility for such content, products or services.

 

11. Disclaimers in respect of information relating to properties displayed on the Site

11.1 Particulars: You should not rely on statements by CB Richard Ellis or any member of the CBRE Global Network in the particulars or by word of mouth or in writing ("information") as being factually accurate about the property, its condition or its value. Neither CB Richard Ellis nor any member of the CBRE Global Network has any authority to make any representations about the property, and accordingly any information given is entirely without responsibility on the part of the agent(s), seller(s) or lessor(s).

 

11.2 Photos: The photographs show only certain parts of the property as they appeared at the time they were taken.

 

11.3 Dimensions: Areas, measurements and distances given are approximate only. Any computer generated image gives only an indication as to how the property may look and this may change at any time.

 

11.4 Regulations etc: Any reference to alterations to, or use of, any part of the property does not mean that any necessary planning, building regulations or other consent has been obtained. A buyer or lessee must find out by inspection or in other ways that these matters have been properly dealt with and that all information is correct.

 

11.5 Taxes: The tax position relating to the property may change without notice. We encourage you to seek tax advice on the tax position of any property listed on the Site.

 

12. Limitation of liability
In no event will CB Richard Ellis be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if CB Richard Ellis has been advised of the possibility of such damages.  No oral or written information or advice given by CB Richard Ellis or others will create a warranty and neither you nor any third party may rely on any such information or advice.  Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

 

13. Indemnity
You will indemnify and keep fully indemnified CB Richard Ellis, its directors, officers, employees, affiliates, agents, contractors, and licensors with respect to all costs, claims, damages, losses and expenses however incurred arising directly or indirectly out of (i) your breach of this Agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the Site.

 

14. Law

These terms and conditions and your use of this website are governed exclusively by the laws of England and Wales.  Any disputes arising from or in connection with these terms and conditions and your use of this website shall be subject exclusively to the laws and jurisdiction of the courts of England and Wales.

 

15. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

16. Term
This Agreement will remain effective until terminated by you or terminated by us. You may terminate this Agreement at any time by discontinuing your use of the Site, de-registering your account with us and immediately destroying all materials displayed, downloaded or printed by you in accordance with these Terms and Conditions. We may terminate this Agreement at any time without notice if in our sole discretion we decide you have failed to comply with any of these Terms and Conditions.

 

17. General

17.1 CB Richard Ellis or its business partners may present advertisements or promotional materials on or through the Site.  Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.  You agree that CB Richard Ellis is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Site.

 

17.2 CB Richard Ellis may send notices to you with respect to your use of the Site by sending an email message to the email address listed in your Account Information, by sending a letter via mail to the contact address listed in your Account Information, or by a posting a note on the Site when you access your account.  You agree that we may provide notice to you through such means.  Unless otherwise stated in the notices, the notices will become effective immediately.

 

17.3 General contact information.  For questions regarding this Site or your use of this Site, please email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 

You acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this Agreement represents the entire agreement and understanding between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this Agreement.