LAST UPDATED: May 17, 2021
and all of our other websites to which this Agreement is posted (collectively, the “Advan Site” or “Website” or “Site”) and
any products, services or
features made available by us through the Advan Site (together with the Advan Site, the “Services”). In this Agreement,
“Advan,” “we,” “us,” and “our” mean Advan Research Corporation, LLC., and “you,” “your,” and “yourself” mean any user of
the Services. By accessing or using the Services, you agree to this Agreement. We may update or revise this Agreement
from time to time in our sole discretion, subject to applicable law. You are free to decide whether or not to accept a
modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the
Services. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole
recourse is to terminate your use of the Services. Except as otherwise expressly stated by us, your use of the Services
is subject to the version of this Agreement in effect at the time of use.
1. Use of the Services and Advan Content
We offer the Services and the features, information, materials, and content provided and depicted through the Services
(collectively, “Advan Content”) solely for your personal use for the purposes described therein and in this
Agreement. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or
enjoying the Services or Advan Content. We may modify the Services and Advan Content from time to time in our sole
discretion and without liability to you and reserve the right, in our sole discretion, to remove certain of the Services
or Advan Content and deny or limit access to the Services.
The Services and Advan Content are protected by copyright, trademark, patent, and other intellectual property laws. We
expressly reserve all its rights and remedies under applicable law. Except as expressly provided by this Agreement or
with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce,
distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Services or any Advan
Content in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party
to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services
or copy any Advan Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our
sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c)
utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the
Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Services or Advan Content to a
third party; (e) use any portion of the Services or Advan Content to provide, or incorporate any portion of the Services
or Advan Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble,
or otherwise seek to obtain the source code of the Services; (g) modify the Services or Advan Content or create any
derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the
Services or Advan Content; or (i) use the Services or Advan Content for any illegal purpose. We may, but are not
obligated to, monitor your use of the Services and Advan Content.
We do not grant you any licenses, express or implied, to the intellectual property of Advan or our licensors, except as
expressly stated in this Agreement. We and our third-party licensors retain all right, title, and interest in and to the
Services, any Advan Content, and any associated patents, trademarks, copyrights, mask works, trade secrets, and other
Advan may, at any time during the term of this Agreement and with seven (7) days prior notice, request and gain access
to Your premises, for the limited purpose of conducting an inspection to determine and verify that You is in compliance
with the terms and conditions hereof. You will promptly grant such access and cooperate with Advan in the inspection;
provided, however, that the inspection will be conducted in a manner not intended to disrupt unreasonably Your business
and will be restricted in scope, manner and duration to that reasonably necessary to achieve its purpose.
If you are accessing Our CMBS products, you hereby certify that you are already procuring, and you will continue to
procure for the duration of your use of Our CMBS products, a list of CMBS identifiers, including deal, loan and property
names and IDs, and property address information.
applies to your use of the Services, and its terms are made a part
in connection with the Services.
3. Third-party Links
The Services may contain links to websites and applications operated by parties other than Advan. We provide such links
for your reference only. We do not control such third-party websites and applications and are not responsible for
their availability or content. Our inclusion of such links does not imply Advan’s endorsement of the material on
such third-party websites and applications or any association with their operators. We assume no liability
whatsoever for such third-party websites and applications or any content, features, products, or services made
available through such third-party websites and applications.
4. Compliance with Applicable Law
We make no representations that the Services are appropriate or available for use in all locations. If you access the
Advan Site, you do so at your own risk, and you are responsible for complying with all applicable laws, rules, and
regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area, or
jurisdiction we choose, at any time and in our sole discretion.
You agree to indemnify, hold harmless, and (at our request) defend Advan, its affiliates, and its and their
representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims and
demands (including reasonable attorneys’ fees) made by any third party due to or arising out of your use of the
Services, your breach or alleged breach of this Agreement, or your violation of any rights of another.
6. Disclaimers and Limitation of Liability
The services, all Advan content, and any other information, products, and materials contained in or accessed through the
services are provided to you strictly on an “as is” and “as available” basis without any warranty of any kind. All
conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without
limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of
third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law. Advan does not warrant that
your use of the services will be uninterrupted or error-free, that Advan will review the information or materials made
available through the services for accuracy or that it will preserve or maintain any such information or materials
without loss. Advan will not be liable for delays, interruptions, service failures, or other problems inherent in use of
the internet and electronic communications or other systems outside Advan’s reasonable control.
To the maximum extent permitted by applicable law, in no event will Advan be liable to you or any third party for any
damages or injury of any kind or under any legal theory, including, but not limited to, direct, indirect, consequential,
exemplary, incidental, special, or punitive damages of any kind, whether based in contract, tort, or otherwise, and even
if advised of the possibility of such damages, which arise out of or are in any way connected with this agreement, any
use of the services or Advan content, or any failure or delay relating to the services. Some jurisdictions do not allow
the limitation or exclusion of liability in certain circumstances, so the above limitations and exclusions may not apply
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for
certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the
extent that Advan or any other Advan Party may not, as a matter of applicable law, disclaim any warranty or limit
its liability as set forth herein, the scope and duration of such warranty and the extent of Advan’s and such Advan
Party’s liability shall be the minimum permitted under such applicable law.
7. Term and Termination
This Agreement is effective as of the date of you first access or use the Services and will remain in effect for the
duration of your access or use, unless earlier terminated as provided herein. We may terminate or suspend your ability
to use any or all of the Services and may terminate this Agreement effective immediately, without notice or explanation
to you. Without limiting the foregoing, we may suspend your access to the Services if we believe you have breached any
term of this Agreement. Upon expiration or termination of this Agreement or of any licenses granted hereunder for any
reason the provisions You will promptly remove all affected Services
from all memory locations, return all copies of the affected Services to Advan, and execute and deliver to Advan a
certificate stating that all copies of the affected Services have been removed and returned or destroyed.
The termination of this Agreement will not affect any of our rights or your obligations arising
under this Agreement, and you agree that Advan will not be liable to you for any termination of this Agreement or for
any effects of any termination of this Agreement. You are free to discontinue your use of the Services at any time.
The following will survive any termination of the Agreement and any order forms related to the Agreement: Sections
This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving
effect to any principles that provide for the application of the law of another jurisdiction. This Agreement may not be
modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of this
Agreement by its express terms.
you and us relating to your use of the Services and supersedes and replaces any prior agreement and communication
between you and us, except as otherwise set forth herein.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Advan in any respect whatsoever.
You hereby grant Advan a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable
right to use your user name, company name, company logo, and any comments you make publicly or privately for Advan’s
promotional purposes (such as on our Website, on third-party websites, and in marketing presentations, etc.).
This Agreement and any rights hereunder may not be transferred
or assigned by you, but you agree that we may assign this Agreement without restriction and without your prior
consent. Any attempted transfer or assignment by you without our prior written consent will be null and void.
failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or
option provided herein, or to require at any time the performance of the other of any of the provisions herein will not
in any way be construed as a waiver of such provisions. If any provision of this Agreement, including the Privacy
Policy, is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in
force. The section headings used herein are for convenience only and will not be given any legal import.
U.S. Government contracts: As defined in FAR section 2.101, any software related to the Services, and any associated documentation are
“commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer
software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section
12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software
or commercial software documentation by the U.S. Government will be governed solely by the terms of the Agreement
and will be prohibited except to the extent expressly permitted by the terms of the Agreement.
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct
product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce,
the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign
agency or authority.
9. Contact Us
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.