Legal

CompStak® Terms of Use

Effective Date: March 31, 2014

1. INTRODUCTION

Please carefully review these Terms of Use (“TOU” or “Agreement”), for CompStak, Inc. (“CompStak”, “We”, or “Us”) as they contain important information regarding your legal rights, remedies, and obligations. These TOU apply if you visit, view, use, or access (collectively, “access”) CompStak’s websites made available on CompStak.com (the “Website”), and/or (hereinafter, “or”) if, through any Internet-enabled mechanism, you access data, information, products, services, or applications (collectively, “Services”) made available by or from CompStak.

2. Legally binding agreement

By accessing the Website or Services, you represent and warrant that you have read and understood, and agree to be bound by these TOU and that you acknowledge the adequacy of consideration of this Agreement. Please review this document carefully as it is a legally binding document between you and CompStak. If you do not agree to these TOU, you are prohibited from accessing, and must immediately discontinue your use of the Website and the Services. Please exit immediately. CompStak reserves the right to modify, alter and update the content of these TOU at any time. Changed TOU will be indicated by the “effective date” at the top of this agreement. If you do not agree to such changes, please exit the Website and Services immediately.

3. Eligibility

The Website and Services are not targeted to, and should not be used by, persons under the age of 18. BY ACCESSING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW, and are not barred from accessing the website or services under the laws of any applicable jurisdiction.

4. Privacy policy & fair use statement; changes to agreement and privacy policy

  • Privacy Policy. By accessing the Website, you consent to the collection and use of certain information about you, as specified in the Website’s Privacy Policy (the “Privacy Policy”), incorporated hereto and available here. CompStak encourages users of the Website to frequently check the Privacy Policy for changes. By accessing the Website, you represent and warrant that you have read and understood, and agree to be bound by, the Privacy Policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
  • Fair Information Statement. The Fair Information Statement which describes how lease information is compiled and made available on CompStak.com to our Members, is available here.
  • Changes. COMPSTAK RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND/OR THE PRIVACY POLICY AT ANY TIME. Notice of any such change will be given by the posting of a new version or a change notice on the Website. It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find any TOU or the Privacy Policy unacceptable, you must immediately leave the Website and refrain from using the Website and Services.

5. MEMBER REGISTRATION, SCREEN NAME, AND POINTS

  • Member Registration. By accessing the Website, you are not automatically a CompStak Member; you are a “Visitor”. In order to become a CompStak member (“Member”), you are required to complete a registration process. You certify, represent and warrant that the information you provide therein is true, accurate, complete, current, and that it belongs to you. You shall keep your information complete and up-to-date at all times. Failure to maintain your registration information may cause your access to the Services to be interrupted, suspended, or terminated. You are responsible for monitoring your account, changing your password periodically and notifying CompStak immediately of any unauthorized use or breach of security of your password.
  • Members and Contacts. Your Member registration information and information you provide regarding commercial properties is automatically entered into CompStak’s proprietary database (the “Database”), which contains, among other things, building information (including building pictures), completed lease deal information (including, but not limited to rental rates, leased squared footage, tenant name and real estate broker and salesperson name), and related property, tenant and market information. Please note: as a Member, you may contribute to and access the Database; however, CompStak retains all proprietary and intellectual property rights to the Database, and you do not retain any ownership rights in the Database as a result of any information you provide. Likewise, information contributed to the Database may be shared with other Members and with third parties, in CompStak’s discretion. To learn more about our Database, please visit CompStak’s Fair Information Statement.
  • Screen Name. In order to access certain Services as a Member, you must log on with a unique screen name or email address. You must select your screen name, which may serve as your public identity on the Website and identify you to other Members. To protect your privacy, you should choose a screen name that does not reveal your identity.
  • Points. CompStak uses a point and rating system on the Website. You may be awarded points based upon your activity. You may also purchase points. However, point purchases may be subject to volume and plan discounts according to your particular plan details, and all point purchases are final. Points have no monetary value and are not redeemable for cash or money, regardless of how you acquired those points; you are responsible for tax consequences, if any, that may result from your participation in the points system. Points are not your personal property, and your only recourse for using Points is through the Services. The scope, variety and types of Services that may be obtained through points can change at any time. Please note that CompStak may reduce or adjust your point balance or rating, change system point values or modify the point and rating system at any time in its sole discretion. Moreover, CompStak may cancel, suspend or otherwise limit your access to your points balance if we suspect fraudulent, abusive or unlawful activity with respect to your account.

6. SUBSCRIPTION ACCOUNTS

  • Generally. CompStak offers additional, paid, services (each, a "Plan"). Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each Plan. To view your particular Plan details, login and click on the “Account Settings” link. If your current plan is not satisfying your needs, you may email us at accounts@compstak.com for more information.
  • Method of Payment. Payments may be made by Paypal. Unless otherwise indicated, your Paypal account will be charged on a recurring basis as long as your account remains open and active. Your account will remain open and active until your membership is canceled, suspended or terminated. You authorize CompStak to charge your Paypal account for your recurring subscription fee payments as applicable and based on your plan. CompStak is permitted to bill you as described in your plan, including any applicable tax and any other charges you may incur in connection with your use of the Website or Services. Additional charges may include individual point purchases and other requested data services.

7. LICENSE

Subject to your compliance with the terms and conditions of this Agreement, and any other agreement between you and CompStak, CompStak grants you a non-exclusive, non-sublicensable, non-assignable, revocable, non-transferable license to access the Website and Services. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of CompStak or any other party. In the event that you breach any provision of this Agreement, your rights under this paragraph will immediately terminate. By accepting this license, you agree that all information contained in the Database is the proprietary, confidential information of CompStak, that you will safeguard and protect such information, and that you will use the information in accordance with the Code (below). Your obligations set forth above shall survive termination of this Agreement.

8. CODE OF CONDUCT

This section sets forth the CompStak Code of Conduct (the “Code”). All Members and Visitors must fully comply with this Code at all times. You certify, represent and warrant that you will not violate this Code.

  • Restrictions on Inputting Information. You shall not enter trade secrets or illegal or improper information into the Website or in or through the Services (either directly through the Website or via any transmission to CompStak, including email) including, without limitation, the following:
    • Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
    • Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
    • Information that infringes the copyrights or intellectual property rights of others;
    • Home addresses, Social Security numbers or credit card numbers;
    • Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, inflammatory, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable, or which may solicit information from anyone under the age of 18;
    • Information that is defamatory, libelous, fraudulent, knowingly incorrect, or invasive of privacy or publicity rights of others;
    • Information that advocates or encourages conduct that could constitute a criminal offense;
    • Information that is actionable or may subject CompStak to legal action or liability of any kind;
    • Information received from CoStar Group, or any affiliate, subsidiary or related entity of CoStar Realty Information, Inc.
    • Information that violates any applicable local, state, national or international law, regulation, or convention; or
    • Information that violates any provision of this Agreement or any other agreement or policy set forth by CompStak.
  • Use of Information Obtained via Website/Services. CompStak has no actual control over use of information by you or any other user outside the Website. You shall not access the Website or Services for any purpose or in any manner that is illegal or improper, including, without limitation, the following:
    • For any purpose, activity or in any manner that is criminal, illegal or actionable;
    • In violation of any local, state, national or international laws, regulations or conventions;
    • To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
    • For unethical marketing activities;
    • To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
    • To prepare or compile information that is distributed in any manner or form to any third-party;
    • To enhance, verify, supplement, append, confirm, or modify any compilation of information that is thereinafter distributed in any manner or form to a third-party;
    • For sale, re-sale, sub-license, commercial use, or redistribution of any kind, without CompStak’s express, prior consent.
  • Acts against the Website/Services. You shall not attempt to or engage in potentially harmful acts that are directed against the Website or Services including, without limitation, the following:
    • Using the Website or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
    • Causing, allowing or assisting any other person to use your account or impersonate you;
    • Sharing your password or login with any other person;
    • Logging onto a server or account that you are not authorized to access;
    • Forging screen names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
    • Emulating or faking usage of the Website or Services;
    • Violating or attempting to violate any security features of the Website;
    • Using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages contained in the Website;
    • Falsely stating or otherwise misrepresenting your affiliation with any person or entity;
    • Introducing viruses, worms, software, Trojan horses or other similar harmful code into the Website or Services;
    • Interfering or attempting to interfere with the use of the Website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website;
    • Causing, allowing or assisting machines, bots or automated services to access or use the Website or Services without the express written permission of CompStak;
    • Tampering with the operation, functionality or the security of the Website or Services;
    • Attempting to override or circumvent any security or usage rules embedded into the Website or Services that permit digital materials to be protected;
    • Attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breach any security or authentication measures;
    • Misusing, tricking, disrupting or otherwise interfering with the functioning of the Website or Services;
    • Harvesting or collecting email addresses or other contact information of other users from the Website by electronic or other means;
    • Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Website or Services;
    • Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
    • Uploading, posting, transmitting, sharing, storing or otherwise making available any content that CompStak in its sole discretion deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
    • Without CompStak’s prior, express consent, advertising or selling any products, services or otherwise (whether or not for profit), or soliciting others or using the Website for commercial purposes of any kind.
  • Suspected Misuse and Penalties. CompStak may monitor the Website and Services for violations of the Code. CompStak shall be the sole and final arbiter of suspected Code violations, misuse and penalty. For suspected violations, and without limiting any of its other remedies, CompStak reserves the right to immediately and without notice:
    • Delete or modify content;
    • Assess penalty points to your account;
    • Suspend your account;
    • Terminate your account;
    • Identify you to third parties;
    • Take legal action.

CompStak intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. CompStak reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this Code.

9. YOUR CREATIVE CONTENT

Separate and apart from contributing to the Database, CompStak's Website may allow you to post content, such as messages, images, text, photos, graphics, audio, video or other material (“your Creative Content”) through message boards, forums, Member blogs or other interactive features. With respect to your Creative Content, while you retain any and all of your lawfully owned rights therein, you hereby grant CompStak a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive and fully-sublicensable right and license to view, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Creative Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to exercise the same rights with respect to such works. You also permit any Visitor of CompStak's Website to access, store, distribute, perform, reproduce and prepare derivative works of your Creative Content. No compensation will be paid to you or to any other person or entity with respect to your Creative Content. You grant CompStak the right to use your name and/or likeness and/or any name and/or likeness that you may submit in connection with your Creative Content if CompStak should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you hereunder, in connection with a fictional name or persona or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Creative Content.

CompStak may remove your Creative Content at any time in its sole discretion. You are solely responsible at your own cost and expense to create backup copies of your Creative Content. Likewise, by accessing the Services you may be exposed to other Members’ Creative Content that you find offensive, indecent or objectionable -- you agree that you use the Website and Services at your own risk.

You agree that CompStak is not under any obligation of confidentiality, express or implied, with respect to your Creative Content. You represent and warrant that you own or otherwise control all necessary rights to your Creative Content, that it does not violate or infringe upon the intellectual property rights of a third party, that it is accurate, that it does not contain libelous, defamatory or otherwise unlawful material, that it does not violate anyone’s rights to publicity or privacy, that it will not cause injury to any person or entity, that it does not otherwise violate these TOU, and that you will indemnify CompStak and its service providers for all claims resulting from your Creative Content. UNDER NO CIRCUMSTANCES WILL COMPSTAK BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH YOUR CREATIVE CONTENT.

As the provider of the Website, CompStak is only a forum and is not liable for any statements, representations, or omissions made through Your (or other Visitors’) Creative Content. Any opinions, advice, purported facts, or recommendations expressed therein are those of the Visitors who make them, and not those of CompStak; CompStak does not endorse any opinion, purported fact, recommendation or advice expressed therein. Likewise, it is your responsibility to exercise due care and caution (for your privacy, safety, and identity, among other concerns) when posting your Creative Content or accessing the Website or Services.

10. INTELLECTUAL PROPERTY

The Website and all content and materials located thereon, including without limitation any CompStak names and logos (the “CompStak Marks”), the Services, Database, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of CompStak or its licensors. Except as explicitly provided, neither the Website nor this Agreement grant you any right, title or interest in or to any such content or materials. The CompStak Marks are trademarks or registered trademarks of CompStak. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. The Website is Copyright © 2014, CompStak, Inc., ALL RIGHTS RESERVED. Moreover, except as expressly stated herein, or as expressly granted by CompStak in a signed writing, you have no intellectual property or other rights in the information you contribute to the Database.

As CompStak asks others to respect its intellectual property rights, CompStak respects the intellectual property rights of others. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Likewise, if you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want CompStak to delete, edit, or disable the material in question, you must provide CompStak with all of the following information pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing CompStak’s DMCA Agent (listed below) with the following information in writing:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CompStak to locate the material;
  • information reasonably sufficient to permit CompStak to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to CompStak’s designated agent at:

    DMCA Agent
    CompStak.com
    CompStak, Inc.
    36 Cooper Square, Suite 4F
    New York, NY 10003

Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is CompStak’s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, CompStak will promptly terminate without notice the accounts of Users that are determined by CompStak to be “repeat infringers.” If CompStak receives more than three takedown notices regarding a User’s User Content, then that User will be considered a repeat infringer and their account will be terminated.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

11. Disclaimers; limitation of liability

  • No warranties. Although CompStak takes reasonable measures to keep the website and services error-free and safe, you access them at your own risk. CompStak, on behalf of itself and its licensors and suppliers, hereby disclaims all warranties, express or implied, relating to the website and the services, including without limitation any implied warranties of merchantability, fitness for a particular purpose or noninfringement. The website and services are provided “as is” and “as available”. Neither CompStak nor its licensors or suppliers warrant that the website or the services will meet your requirements or that the operation of the website or the services will be uninterrupted, error-free, safe or secure.
  • Your responsibility for damage. You agree that your use of the website or services is at your sole risk. You will not hold CompStak or its licensors or suppliers, as applicable, responsible for any damage or loss that results from your use of the website or services, including without limitation any damage to any of your computers or data. The website or services may contain bugs, errors, problems or other limitations.
  • Your responsibility for your actions. You agree and understand that you may be held legally responsible for damages suffered by other visitors or third parties as the result of your remarks, information, or feedback or other content posted or made available on the website or through the services that is deemed defamatory or otherwise legally actionable.
  • Limitation of liability. You agree that neither CompStak, its directors, officers, employees and agents, nor its licensors or suppliers, have any liability whatsoever in connection with your access of the website or the services. CompStak is not responsible for the actions of third-parties (including other visitors or members), and you release compstak and its directors, officers, employees and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third-parties. in this regard, if you are a California resident, you waive California civil code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The liability of CompStak, its directors, officers, employees, and agents, and its licensors and suppliers, is limited to the maximum extent permitted by law. in no event shall CompStak, its directors, officers, employees and agents, or its licensors or suppliers, be liable for any special, incidental, punitive or consequential damages (including without limitation lost profits, lost data or confidential or other information, loss of privacy, failure to meet any duty, including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to CompStak, its directors, officers, employees, and agents, or its licensors and suppliers) arising out of or relating to your use of the website or services. this limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Additionally, the maximum liability of CompStak and its directors, officers, employees, agents, licensors and suppliers to you under all circumstances will not exceed the greater of $200.00 usd or the amount you have paid us in the last 12 months.
  • Application. The above disclaimers, waivers and limitations do not in any way limit any other disclaimer of warranties or any other limitations of liability between you and CompStak or between you and any of CompStak’s directors, officers, employees, agents, licensors or suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers and limitations of liability may not apply to you. Unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. No advice or information, whether oral or written, obtained by you through the website, services, or otherwise shall alter any of the disclaimers or limitations stated in this section.

12. INDEMNIFICATION

You agree to indemnify and hold CompStak, its directors, officers, employees and agents, and its suppliers, licensors, and service providers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees (collectively, “Claims”), arising out of or in connection with: (1) your use of the Website or Services; (2) any violation of this Agreement (including, without limitation, the Code); and (3) your violation of any law or the rights of any third party. CompStak will have the right, but not the obligation, to participate through counsel of its choice in any defense by you of any Claims as to which you are required to defend, indemnify, or hold harmless CompStak. You may not settle any Claims without the prior written consent of the concerned CompStak person or persons.

13. Third-party websites

On CompStak’s Website, you may find links to websites operated by third parties (“Third-Party Sites”). CompStak does not endorse or control Third-Party Sites, each of which may be governed by its own terms of service and privacy policy. CompStak disclaims, and you hereby agree to assume, all responsibility and liability for any damages or other harm, whether to you or third-parties, resulting from your use of Third-Party Sites and any content found on those Third-Party Sites. Please take all protections necessary to protect yourself and your computer system when accessing Third-Party Sites, particularly when downloading or purchasing anything therefrom. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. You agree that your use of content from third-party sites is at your own risk and CompStak will not be responsible or liable for any loss or damage of any sort incurred as the result of any such use or dealings, or as the result of the presence of advertisers on the services.

14. Termination

  • By You. You may cancel your account at any time and for any reason through the “My Account” link. When you terminate your account, you will not receive any refund of any subscription fees. Where applicable, and unless otherwise set forth in your specific plan details, your account will remain active until the end of your current subscription term unless otherwise terminated by CompStak. Subscription fees will not be prorated or refunded for partial-month usage. Subscription fees charged to your account after receipt of your cancellation will be refunded. You will forfeit your accumulated points and rating at the end of the subscription term after the effective date of your cancellation.
  • By CompStak. CompStak may suspend or terminate your account at any time, for any reason and without prior notice. CompStak, in its sole discretion and for any reason or no reason, may terminate any user or user account (or any part thereof) you may have on the Services, disable your access to the Services (or any part thereof), discontinue the Services and any related services including support (or any part thereof), or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that CompStak shall not be liable to you or any third-party for any such termination. Without limiting the generality of the foregoing, CompStak may terminate your access to the Website Service or Services in cases of actual or suspected fraud, or violations of these TOS or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CompStak may have at law or in equity. Upon termination, you will no longer have access to the Services and will forfeit your accumulated points and rating . At our discretion, we may provide you with a prorated refund of subscription fees if we terminate your user account.
  • Effect of Termination; Survival
    If this Agreement terminates, you will no longer be authorized to access the Website or Services. Sections 7-12 and 14-17 of the Agreement will survive termination.

15. Arbitration, venue and jurisdiction

This TOU shall be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law principles. You and Compstak agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within New York, New York. You covenant not to sue Compstak in any other forum.

You also acknowledge and understand that, with respect to any dispute with Compstak, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • You are giving up your right to have a trial by jury; and
  • You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit or arbitration involving any such dispute.

To the extent arbitration is not required under this Agreement, the proper venue for any judicial action arising out of or relating to this agreement or the website or services will be the state and federal courts in new york city, ny. In connection with this section, the parties hereby stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

To the fullest extent permitted by applicable law, no arbitration or claim arising out of or relating to this agreement or the website or services shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former visitors of the website, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to this agreement, the Website or Services be instituted more than one (1) year after the cause of action arose.

16. Miscellaneous

  • CompStak’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
  • If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
  • Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement.
  • CompStak may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under this Agreement are not assignable by you without written consent of CompStak.
  • Headings are used for convenience only and are not to be used for meaning or intent.
  • This Agreement, along with your Plan Details, and any other signed writing between you and CompStak regarding the Services, constitutes the entire understanding between you and CompStak and supersedes any prior or contemporaneous communications or provisions on the subject matter. This Agreement cannot be modified, unless in a writing labeled “Modification to TOU”, executed by both you and an officer of CompStak.

CompStak values your enthusiasm regarding its Website and Services. If you have any questions, comments, suggestions, or concerns, or if you would like to provide any notice under this Agreement, please contact us via certified mail at: CompStak , Inc. Attn: Legal Department, 36 Cooper Square, Fourth Floor Front, New York, NY 10003.

CompStak® Privacy Policy

Effective Date: December 8, 2011

Introduction

This policy covers how CompStak® (“CompStak,” “We,” or “Us”) treats Personally Identifiable Information (“PII”) and other information that CompStak collects in connection with our services, whether you are using our services as either a visitor to our website (“Visitor”) or as a user who has completed our registration process (“Members,” Visitors and Members collectively referred to as “Users”). CompStak considers PII to be information that can be traced directly back to and identifies an individual, such as name, address, email address, and/or phone number. We do not consider PII to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual. This policy does not apply to our collection and use of data about commercial properties contained in our Database, which is covered in our Fair Information Statement, available here.

Please read this policy carefully and review it often because it may change. By using this website and accepting the Terms of Use you agree to this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT USE THE WEBSITE OR SERVICES.

This Privacy Policy is incorporated into, and made a part of, CompStak’s Terms of Use, and capitalized terms used and not defined in this policy have the meaning given to them in the Terms of Use.

I. SCOPE OF PRIVACY POLICY

This Privacy Policy applies to PII and other information collected by CompStak through your use of CompStak or CompStak’s services and does not apply to any other information collected by CompStak through other means. When you navigate away from our website to websites controlled by third parties, you leave the CompStak website, at which point our Privacy Policy no longer applies. We do not provide a notice warning to Users when they are leaving our website.

II. THE INFORMATION WE COLLECT

CompStak’s services include the collection, aggregation, and organization of information about commercial properties, such as building information (including, but not limited to, building pictures), completed lease deal information (including, but not limited to, rental rates, leased squared footage, tenant names and real estate broker and salesperson names), and related property, tenant and market information. Members can provide such information for inclusion in our Database. By visiting our website or becoming a Member, you are authorizing us to gather, parse, and retain data and information that you provide to us as necessary to deliver and support our services.

PII Collection. CompStak collects PII when you register. We may also collect PII from you in other ways, such as contacts with our customer-support team.

Non-PII Collection. Whenever you visit CompStak, we also receive and record information on our server logs from your browser, including your IP address, CompStak cookie information, and the pages you request. We relate this information to the PII you provide. CompStak uses this information to provide our services, to improve our products and services, to contact you, to conduct research, and to develop and maintain anonymous or aggregated data and analytics.

Member Screen Names. During registration, Members must create a unique screen name that may be publicly attributed (tied) to their use of our system and may be both displayed in our system or shared in public communications. Screen names are the key to keeping our Members anonymous when they are contributing information about commercial properties. Members should be careful not to include PII in their screen name.

Member Passwords. During registration, Members must select a password. Passwords are used to secure Member information and the integrity of the system. We only store a one-way encryption of Member passwords which means passwords cannot be unencrypted by us. Our login page provides a way for Members to obtain access to the system in case they lose or forget their password.

System Use Information. We use screen names to compile and process historical and statistical information about how and when our Users use the system. Historical and statistical information includes information about selected actions that our Members take while on the system. We may also aggregate and store historical and statistical information for Members or Visitors. System use information is collected, surveyed, evaluated and scored by the system to assess the quality of data. Member actions are effectively confirmed or challenged by the later actions of other Members. We use this evaluation process to maintain our collaborative, self-correcting system and to promote the development of the most accurate, complete and up-to-date data possible. Members are objectively rated by the system based upon their actions.

Our system uses points as an incentive and a point balance will be maintained for each Member based upon system use information. We may also use this information to add, adjust or discontinue certain services or functionality and to enforce our policies and procedures. Compiled system use information, Member ratings, point balances and information on data submitted may be displayed online shared along with screen names both online and in other public communications.

III. HOW WE USE YOUR PERSONAL INFORMATION

Our use of PII. We use PII for internal and service-related purposes only and we may use vendors and suppliers to allow us to offer CompStak. CompStak does not rent, sell, or share PII about you with other people or nonaffiliated companies for marketing purposes. While we do not rent, share, or sell PII to advertisers, we may allow access to other CompStak data to enable the delivery of marketing and offers that will be of the greatest utility, relevance, value, and interest to you.

Payment Information. To open a subscription account, Members must enter valid PayPal and/or other payment information needed to process their subscription payments. We use this information for identification and verification purposes and to process payments. We may also use this information to contact Members about payment processing. When Members provide payment information, it is protected using secure socket layer technology (SSL). We do not share credit card or payment information with third parties other than to process payments.

Anonymous use and sharing. We may share with third parties anonymized information in the performance of marketing services, including evaluating market trends and/or under a joint marketing agreement to provide services that will be of particular interest and relevance to you. Such information will not include PII. In addition, Members may have access to their information through the 'My Account' area of our system.

Communicating with our Members. We will typically communicate with our Members using their registered email address. If we cannot reach our Members by email, we may use other contact information such as their address, telephone number, Twitter ID, Instant Messenger ID, Facebook ID and/or LinkedIn ID. We will communicate with Members in accordance with their preferences and in response to inquiries, to provide requested services and to manage their accounts. We will send Members mandatory service-related announcements and notifications by email when necessary. Members cannot opt-out of these communications, which are not promotional in nature. If Members do not wish to receive them, they have the option of canceling their account. We may broadcast or otherwise distribute important messages to all Users or send individual messages to specific Users where we have appropriate contact information to do so. We also may send information to Members by email about our services, including special alerts, offers, awards, surveys, contests, promotions and updates. Members will be given the option not to receive these types of communications.

Surveys and Contests. We may provide Users the opportunity to participate in contests or surveys from time to time. Participation in contests or surveys is completely voluntary. If Users choose to participate, we may request certain additional PII. We may use this information to monitor system traffic, supplement, amend and personalize our system, direct advertisements, communicate with participants, develop our products and services, or conduct market research. We will use email addresses to distribute and collect surveys, notify contest winners and award prizes.

Legal sharing for protection of us, you, and others. We may disclose PII to third parties who are assisting us in protecting against or preventing actual or potential fraud, unauthorized transactions, claims or other liabilities, or to investigate potential fraudulent or questionable activities. We may disclose PII in response to legal process, such as in response to a court order or a subpoena. We may disclose PII in response to a law enforcement agency's request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities or suspected fraud, violations of our Terms of Use, or as we believe may be otherwise required by law. We may also disclose PII to protect our rights or interests or the rights or interests of others.

Merger or sale. If all or substantially all of CompStak or its assets are sold or transferred, PII and other information we have collected may be treated as an asset and transferred in accordance with this Policy.

Cookies and related technologies. CompStak uses "cookies." Cookies are small lines of text/data that are written onto a User’s computer by a website to store that User’s preferences. Most browsers allow you to manage cookies including blocking and deleting them. If you block or delete our cookies, CompStak may not work as well or at all for you.

Clear gifs (Web beacons). We use a software technology called clear gifs (a.k.a. web beacons), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a User's computer hard drive, clear gifs are embedded invisibly on web pages. We tie the information gathered by clear gifs to personally identifiable information Users submit while they are on the system. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

IV. HOW WE SECURE YOUR PERSONAL INFORMATION

CompStak limits access to your PII. We have put in place physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and use correctly the PII we collect from you.

No data transmissions through the Internet or mobile devices, or even the physical transfer of information, can be guaranteed to be completely secure. We cannot eliminate fully all security risks associated with personal information and technical mistakes are possible. We do not ensure or warrant the security of any data or information you transmit to us and you do so at your own risk.

If CompStak learns of a security systems breach, then we may attempt to notify you electronically. You agree that we may communicate with you electronically regarding security, privacy, and administrative issues. We may post a notice on our website if a security breach occurs. If this happens, you will need a web browser enabling you to view and access CompStak. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), you should notify us at: CompStak, Inc., Attn: Legal Department, 36 Cooper Square, Fourth Floor Front, New York, NY 10003.

V. CHILDREN AND INTERNATIONAL VISITORS

CompStak is hosted in and intended for use in the United States by adult U.S. residents. Children under the age of 18 are not permitted to use our system. We do not knowingly collect information from or about children.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to the United States to CompStak. By providing your PII you consent to any transfer and processing in accordance with this Policy.

VI. HOW TO CONTACT US

If you have questions or suggestions, please email CompStak at support@compstak.com or call (646) 926-6707. Written communication should be sent to CompStak, Inc., 36 Cooper Square, Fourth Floor Front, New York, NY 10003.

VII. TO REVIEW OR CORRECT YOUR PERSONAL INFORMATION

Upon request, we will provide an individual with access to PII that we have collected about them (provided that they have given proof of identity). This information can be requested by sending us an email through the email link provided above or writing to us at the above address. This information can be corrected by sending us an email through the email link provided above or writing to us at the above address.

VIII. HOW WE MAY UPDATE OUR PRIVACY POLICY

From time to time, we may use PII for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change, we will immediately post any adjustments to our Policy on this website. The revised version usually will be effective at the time we post it; however, if the revised version includes a change that would be materially less restrictive on our use of your PII, we will provide you with 30 days’ prior notice by posting notice of the change on the "Policy Updates" page of our website. If you are concerned about how your information is used, bookmark this page and check back periodically.

Fair Information Statement

Effective Date: December 8, 2011

Summary

This Fair Information Statement applies ONLY to the information about commercial properties that is compiled and available on CompStak.com (“CompStak, “We,” or “US”). THIS STATEMENT DOES NOT APPLY TO INFORMATION COLLECTED FROM OR ABOUT OUR MEMBERS OR VISITORS DURING REGISTRATION OR USE OF COMPSTAK.COM. Information collected from or about our Users is covered in our separate Privacy Policy. Capitalized terms used and not defined in this policy have the meaning given to them in the Terms of Use.

I. Statement of Principles

CompStak.com is committed to the following principles:

We are open, transparent and fair about our practices and policies with respect to the collection and use of information.

We utilize our Users and leading edge technology to build and maintain the most comprehensive, accurate and up-to-date database possible of information regarding commercial properties, including building information (such as building pictures), completed lease deal information (such as rental rates, leased square footage, tenant names, real estate broker names and salesperson names), and related property, tenant and market information. We maintain security measures to reasonably safeguard the data and its use.

We collect information that is necessary for the legitimate business purposes of CompStak® and our Users. We collect information that is obtained lawfully and by fair means, and do not encourage members and users to disclose trade secrets.

We comply with all applicable laws. We will monitor privacy and data protection developments. We encourage Users to respect compliance programs with respect to their own use of CompStak.com.

II. Information Collected

CompStak.com makes the following information about commercial properties available to our Members: lease deal information (which may include, but is not limited to, rental rates, leased square footage, lease terms, floor(s) leased, landlord concessions, tenant names, real estate broker name, salesperson name, etc.), and related building information (which may include, but is not limited to, building pictures, landlord name, address, building name, building agent, year built, building class, etc.)

III. Sources of CompStak.com Commercial Property Information

Our Members build and maintain CompStak.com's Database. CompStak.com may aggregate, supplement or enhance its business information from established, reputable sources and trusted data suppliers. CompStak.com may also collect and include openly and freely available commercial property information itself. Data providers may only contribute information to CompStak.com that they have a legal right to provide.

Information on CompStak.com may be readily available without restriction from any number of different data sources. The following types of information may be reflected in the Database:

  • Public records: Records created and maintained by government agencies and open for public inspection and use.
  • Publicly available information: Information that is available to the general public from non-governmental sources.
  • Non-public available information: Information that is privately owned and is not available to the general public or that is generally offered for a fee for use and redistribution without restriction.
  • Openly available information: Information that has been made available without restriction by a property’s representatives, typically for their own convenience, competitive advantage, business benefit or other commercial purposes.
  • Freely available information: Information that is accessible or available on the Internet or from other offline sources.
  • Derived information: Partial or derived information from any combination of the above sources that is assembled, aggregated, appended, calculated or associated together.

IV. Concerns about Data Appearing in the Database

If you have any concerns about data appearing in our Database, you can contact CompStak.com support by email at support@CompStak.com.

V. Online Privacy Policy (Applicable to Members, Users and Visitors)

CompStak.com’s Privacy Policy applies to information collected online from and about our Community members, users and visitors to CompStak.com. For more information, see our Privacy Policy.