Terms of use

Last updated: May 18, 2021

Off Market Data Inc. (“Urbint,” “we,” “us,” or “our”) welcomes you. We provide you access to our website at www.urbint.com (the “Site”) subject to your compliance with the following Terms of Use (“Terms”). By accessing the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy https://urbint.com/privacy-policy and Copyright Policy https://www.urbint.com/copyright-policy which are hereby incorporated by reference. If you do not agree to any of these terms, then you may not use the Site.

1. OTHER POLICIES

Please review our Privacy Policy and Copyright Policy which also govern your use of the Site. The Privacy Policy provides information on how we collect, use, and share your information while the Copyright Policy explains copyrighted materials and the associated protections under law. Capitalized terms not defined in these Terms shall have the meaning set forth in our Privacy Policy or Copyright Policy as applicable.

2. INTELLECTUAL PROPERTY

The Site contains material, such as videos, photographs, software, text, graphics, images, sound recordings, case studies, and other material provided by or on behalf of Urbint (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

The trademarks, service marks, and logos of Urbint (the “Urbint Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Urbint. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Urbint Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without prior written permission specific for each such use. All goodwill generated from the use of Urbint Trademarks inures to our benefit. Elements of the Site are protected by trade dress, trademark and other state and federal laws and may not be copied or imitated in whole or in part, by any means.

3. PROHIBITIONS

With respect to your use of the Site, you agree not to do any of the following:

  1. Access or use the Site to collect any market research for a competing business;
  2. Use, display, mirror or frame the Site or any individual element within the Site, Urbint’s name, any Urbint trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Urbint’s express written consent;
  3. Access, tamper with, or use non-public areas of the Site, Urbint’s computer systems, or the technical delivery systems of Urbint’s providers;
  4. Attempt to probe, scan or test the vulnerability of any Urbint system or network or breach any security or authentication measures;
  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Urbint or any of Urbint’s providers or any other third party (including another user) to protect the Site or Content;
  6. Attempt to access or search the Site or Content or download Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Urbint or other generally available third-party web browsers;
  7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  8. Use any meta tags or other hidden text or metadata utilizing a Urbint trademark, logo URL or product name without Urbint’s express written consent;
  9. Use the Site or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive or false source-identifying information;
  11. Attempt to decipher, decompile, disassemble or reverse-engineer any of the software used to provide the Site or Content;
  12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, imposing (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure, flooding, spamming, or mail-bombing the Site;
  13. Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
  14. Impersonate or misrepresent your affiliation with any person or entity;
  15. Violate any applicable law or regulation; or
  16. Encourage or enable any other individual to do any of the foregoing.

4. DISCLAIMER OF WARRANTIES

URBINT DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR ANY OTHER DATA OR INFORMATION PROVIDED THROUGH THE SITE WILL BE ACCURATE OR COMPLETE. THE SITE MAY CONTAIN BUGS, ERRORS, OR OTHER ISSUES THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WITHOUT LIMITING THE FOREGOING, URBINT EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

5. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, BUSINESS INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY,AND WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE USE OR INABILITY TO USE THE SITE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID FOR USE OF THE SITE OR CONTENT OR FIFTY UNITED STATES DOLLARS (USD $50) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

6. EXTERNAL SITES

The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

7. CHANGES TO TERMS AND SERVICES

We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. If we update these Terms, we will let you know by posting the updated Terms to our website. If you don’t agree to be bound by the changes, you may not use the Site anymore.

8. COMMUNICATIONS WITH AND SUBMISSIONS TO US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. Information that you send to us will be deemed non-confidential. With respect to all e-mails and communications you send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like (“Feedback”), you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

9. COMPLIANCE WITH LAWS

The Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

10. CONTACT INFORMATION

If you have any questions about these Terms or the Site, please contact us at hello@urbint.com.