By purchasing this report, you (“Customer”) agree to be bound by the terms and conditions of usage hereinafter identified concerning the property report (the “Report”).
The terms “we,” “our,” and “us” in this Agreement are intended to mean Black Knight Financial Services LLC, which owns the Enhanced Commercial Property Database (“ECPD”) from which the Report is created.
Customer agrees it will not disclose, disseminate, reproduce, sell, publish, or transfer the Report to other persons, companies, or other entities. We retain the copyright to the Report.
In its use of the Report, Customer agrees to abide by all prevailing federal, state, and local laws and regulations governing fair information practices and rights to privacy.
The ECPD is built from numerous public records sources. We have taken some steps to try to improve the quality of the public records data, but the data are known to contain some errors, and we have not verified the accuracy or completeness of any of the information by means of in-person property examination, appraisal, or any other forms of verification.
Customer acknowledges that the public records sources we have used are not uniform in the degree of detail they provide about a property, meaning that a number of the data fields may be left blank.
Tenant names and related data are comprised of those tenants we have been able to identify and are not intended to be a complete list. In between updates of the tenant data, some tenants may have moved and may no longer be at the address indicated in the Report.
THE REPORT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ACCURACY OR COMPLETENESS OF THE LICENSED DATA IS NOT GUARANTEED OR WARRANTED. WE EXPRESSLY DISCLAIM ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMMISSIONS IN THE REPORT, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE.
OUR TOTAL LIABILITY TO THE CUSTOMER AND CUSTOMER’S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CUSTOMER FOR THE REPORT. WE SHALL NOT HAVE ANY LIABILITY TO CUSTOMER UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF THE CLIENT IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
OUR TOTAL LIABILITY TO THE CUSTOMER AND CUSTOMER’S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CUSTOMER FOR THE REPORT. WE SHALL NOT HAVE ANY LIABILITY TO CUSTOMER UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF THE CLIENT IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Risk Scores and risk-related data are estimations only and are intended to rank-order commercial properties by financial risk. Criteria used to create the risk scores may be beyond the control of property owners, such as risk related to various usage categories of buildings or local geographic risk trends or metro area property value changes. A high risk score does not necessarily mean that a property owner will default on a loan, for example; relatively few commercial property loan defaults actually occur.
Risk-related data in the Report is intended to be used solely regarding commercial properties in which the owner does not also reside. Customer agrees that it will not use any of the Report in any way that affects any credit, employment, or insurance decision that is for a personal or household use.
In the event Customer uses any portion of this Report to make a credit, insurance, or other business decision, Customer agrees to indemnify us and hold us harmless for any legal action that might be taken as a result of such use.
Customer agrees that any legal dispute or claim regarding the Report will be governed by and under the jurisdiction of the Superior Court of Warren County, NJ.