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Terms of Use

The Terms of Use were last modified on 03/27/2015.
READ BEFORE CONTINUING — YOUR ACCEPTANCE OF TERMS OF USE
CLEAR Property Management is pleased to provide you with the information on CLEAR Property Management website. Your use of CLEAR Property Management website is subject to the following Terms of Use (“Terms”).
These Terms are a binding contract between you and CLEAR Property Management. By using or accessing CLEAR Property Management, you accept and agree to be bound by these Terms. Your use of CLEAR Property Management website is governed by the version of the Terms in effect on the date CLEAR Property Management website is accessed by you. CLEAR Property Management may modify these Terms at any time and without prior notice. You should review the most current version of this document by visiting www.clearpm.com and clicking on the Terms of Use hyperlink located at the bottom of the page. These Terms are in addition to any other agreements between you and CLEAR Property Management, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on CLEAR Property Management website.

USE OF CLEAR Property Management WEBSITE.
CLEAR Property Management website is intended only for your personal, non-commercial use, unless you and CLEAR Property Management have agreed otherwise in writing.

COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS.
CLEAR Property Management website is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in CLEAR Property Management website, including any text, graphics, video, audio, software code, user interface design or logos.
Unless you and CLEAR Property Management have agreed otherwise, links from another website to CLEAR Property Management website must resolve to the top-level homepage of CLEAR Property Management domain (e.g., www.clearpm.com).
In order to avoid confusion if you do link from another website to CLEAR Property Management top-level homepage, your website, and the link itself, may not suggest that CLEAR Property Management endorses, sponsors or is affiliated with any non- CLEAR Property Management website, entity, service or product, and may not make use of any CLEAR Property Management trademarks or service marks other than those contained within the text of the link.
All trademarks and service marks on CLEAR Property Management website belong to CLEAR Property Management, or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CLEAR Property Management with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works; An identification of the allegedly infringing material, and a description of where that material is located on CLEAR Property Management website; Your address, telephone number, and email address; A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner. CLEAR Property Management’s Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: The PPA Group, 9050 N. Capital of Texas Hwy, Suite 320, Austin, TX 78758
By phone: 512-651-0513
By email: info@clearpm.com

THIRD PARTY CONTENT AND SITES.
CLEAR Property Management website includes general news and information, commentary, research reports and data concerning the commercial real estate financial markets and other subjects. Some of that content is supplied by companies that are not affiliated with CLEAR Property Management (“Third Party Content”). Most Third Party Content is available through framed areas or through hyperlinks to third party websites, and its source is clearly and prominently identified.
Although Third Party Content may be framed-in on CLEAR Property Management website or available through a link to a third-party site, CLEAR Property Management does not prepare, edit, or endorse Third Party Content. CLEAR Property Management therefore does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. You will use Third Party Content only at your own risk.

TIMELINESS OF CONTENT.
All content on the website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

PROHIBITED USES.
Because all servers have limited capacity and are used by many people, do not use CLEAR Property Management website in any manner that could damage or overburden any of CLEAR Property Management or its affiliates’ server, or any network connected to any of CLEAR Property Management or its affiliates’ server. Do not use CLEAR Property Management website in any manner that would interfere with any other party’s use of CLEAR Property Management website.

MEANS OF ACCESS.
CLEAR Property Management website is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access CLEAR Property Management website, be aware that CLEAR Property Management website may not appear accurately through other access methods, and you use them only at your own risk.
You should not access CLEAR Property Management website through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by CLEAR Property Management.
Certain parts of CLEAR Property Management website are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of CLEAR Property Management website, or to any other protected materials or information, through any means not intentionally made available by CLEAR Property Management for your specific use.

PASSWORD SECURITY AND NOTIFICATION.
If you have a Personal Identification Number (PIN) for access to non-public areas of CLEAR Property Management website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take steps to protect the confidentiality of your PIN. Notify CLEAR Property Management immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.

DISCLAIMER OF WARRANTIES CLEAR Property Management DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT CLEAR Property Management WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PPA GROUP WEBSITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND CLEAR Property Management DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. CLEAR Property Management DOES NOT WARRANT THAT CLEAR Property Management WEBSITE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. CLEAR Property Management ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF CLEAR Property Management WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH CLEAR Property Management WEBSITE WILL MEET YOUR EXPECTATIONS. THIS PROVISION MAY NOT APPLY TO PARTICIPANTS IN CERTAIN EMPLOYER-SPONSORED WORKPLACE SAVINGS PLANS. LIMITATION OF LIABILITY CLEAR Property Management WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF CLEAR Property Management WEBSITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF CLEAR Property Management HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. CLEAR Property Management WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH CLEAR Property Management DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS CLEAR Property Management WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
As a condition of your use of CLEAR Property Management website, you agree to indemnify and hold CLEAR Property Management and its third party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of CLEAR Property Management website, or from your violation of these Terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
CHANGES TO CLEAR Property Management WEBSITE
Unless otherwise agreed, CLEAR Property Management may discontinue or modify CLEAR Property Management website at any time without prior notice to you, and you accept those modifications if you continue to use CLEAR Property Management website.
TERMINATION
CLEAR Property Management may terminate your access to CLEAR Property Management website for any reason, without prior notice.
GOVERNING LAW
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the State of Texas, without regard to conflicts of law, and shall inure to the benefit of CLEAR Property Management’s successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
SEVERABILITY
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

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