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The information contained in this web site is for general guidance only. Given the
changing nature of laws, rules and regulations, there may be omissions or inaccuracies
in information contained in this web site. While we have made every attempt to ensure
that the information contained in this web site has been obtained from reliable
sources, O'Connor & Associates is not responsible for any errors or omissions,
or for the results obtained from the use of this information. In no event will O'Connor
& Associates, or employees thereof, be liable for any decision made or action
taken in reliance on the information in this site or for any consequential, special
or similar damages, even if advised of the possibility of such damages. Web site
addresses mentioned in this site referring to sites other than the O'Connor
& Associates site are maintained by third parties over whom O'Connor &
Associates has no control. O'Connor & Associates cannot attest to the accuracy
or any other aspect of information contained in other web sites. Due to the confidential
information contained in the sales database, information obtained is not to be distributed
to any Texas Appraisal District. Because the amount of damages is unable to be accurately
determined, user agrees to pay liquidated damages of $100,000 for violating this
agreement.
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O'Connor & Associates (O’Connor) and the named subscriber submitting this contract
(Subscriber) do hereby enter this agreement for use of the O'Connor & Associates
Sales Comparable Engine (O’Connor Website). The user information submitted during
the registration process and the agreement to Terms & Conditions of Use are incorporated
herein. The O’Connor Website (mail URL http://www.oconnorcomps.com) is comprised
of various Websites and web pages owned, operated, or licensed by O’Connor or its
affiliates, suppliers, and/or vendors. The O’Connor Website offers an electronic
means to generate analytical reports of property sales in and around Texas metropolitan
areas. The parties mutually agree to the following terms:
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The term of this agreement begins
on the date the Subscriber electronically submits this agreement and continues monthly
until terminated in accordance with terms set forth in Section 9 of this agreement.
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There is no monthly subscription
fee to use this service, provided the user registers for an account and agrees to
the Terms & Conditions of Use. Any change to the subscription terms, including change
to a fee subscription, will be preceded by a 30-day notice to the user.
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a. Will provide true, current, and complete information about Subscriber, including
any affiliation or connection with any Texas appraisal district.
b. Warrants that all data provided by Subscriber is accurate and that he/she is
not an employee or affiliated with any Texas appraisal district.
c. Agrees not to distribute any information received or confirmed through the O’Connor
Website to any Texas appraisal district.
d. User affirms he is not an employee, agent or representative of a Texas county
appraisal district. Due to the difficulty of determining damages, a user who is
an employee, agent or representative of a Texas county appraisal district agrees
to damages of $100,000 (one hundred thousand dollars) for each time he accesses
the Sales Comparable Engine and hereby waives any statutory limitations regarding
filing suit against subject Texas county appraisal district. The user who is an
employee, agent or representative of a Texas county appraisal district hereby authorizes
O’Connor & Associates to file suit to collect monetary damages of $100,000 (one
hundred thousand dollars) for each time he accesses O’Connor & Associates Sales
Comparable Engine.
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Subscriber will have unlimited access
to www.oconnorcomps.com
through Subscriber’s personal Internet medium and in accordance with the Terms and
Conditions of Use and Subscriber Considerations outlined in this agreement.
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Subscriber will
receive a User Name and password upon completion of the registration process. Subscriber
is responsible for maintaining the confidentiality of the account and contact (including
the User Name and password) and is fully responsible for all activities that occur
under Subscriber’s account. Subscriber will (a) immediately notify O’Connor of any
unauthorized use of Subscriber’s account or any other breach of security, and (b)
ensure that the user has logged out of their account at the end of each session.
O’Connor cannot and will not be liable for any loss or damage arising from Subscriber’s
failure to comply with this expectation.
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O’Connor will use commercially reasonable
efforts to respond to Subscriber questions or technical difficulties during regular
business hours. O’Connor is entitled to shut down the O’Connor Website for regular
maintenance during non-peak usage hours.
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The O’Connor Website contains data points
received from numerous sources. O’Connor has confirmed the data on a small percentage
of these data points. For the majority of the data points, we rely on the accuracy
of the data we receive. For this reason, the majority of the data points contained
in the database are not confirmed by O’Connor. We are not responsible for errors
or omissions in the data and recommend that the data points be utilized as a starting
point, with individual Subscriber users confirming any data point on which they
need to rely.
O’Connor is not liable for any decision made or action
taken in reliance on the information contained on this Website or for any consequential,
special or similar damages, even if advised of the possibility of such damages.
O’CONNOR AND/OR ITS RESPECTIVE AFFILIATES, VENDORS AND SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, AVAILABILITY, TIMELINESS, AND SOFTWARE PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE O’CONNOR WEBSITE FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OF ANY KIND. O’CONNOR AND/OR ITS RESPECTIVE AFFILIATES, VENDORS
AND SUPPLIERS HERBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
IN NO EVENT SHALL O’CONNOR AND/OR ITS AFFILIATES, VENDORS AND SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE O’CONNOR WEBSITE, WITH THE DELAY OR INABILITY TO USE THE O’CONNOR WEBSITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OBTAINED THROUGH
THE O’CONNOR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE O’CONNOR WEBSITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF O’CONNOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SOME
SUBSCRIBERS. IF THE SUBSCRIBER IS DISSATISFIED WITH ANY PORTION OF THE O’CONNOR
WEBSITE, OR WITH ANY OF THESE TERMS OF USE, SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE O’CONNOR WEBSITE.
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1) Allow, enable, or otherwise support the transmission of mass unsolicited commercial
advertising or solicitations via any method,
2) Provide any data to any Texas appraisal district.
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O’Connor reserves the right to terminate
your access to the Website in its sole discretion for any reason, including excessive
querying of the database or dissemination of the data to a Texas appraisal district
or failure to comply with the terms of this agreement including non-payment or non-compliance
with the terms of this agreement. Subscriber may terminate with 30 days written
notice.
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O’Connor does
not claim ownership or proprietary rights to the sales that Subscriber submits.
However, by submitting the sale, Subscriber is granting O’Connor, its affiliated
companies and sub-licensees, a license and permission to use Subscriber’s data.
O’Connor retains the right to utilize data points provided in any manner by Subscriber
even after termination of this agreement.
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Subscriber acknowledges
that the O’Connor Website is either the licensed or copyrighted work of O’Connor
and/or its affiliates, vendors, and suppliers. The O’Connor Website is owned, licensed,
or covered by a use agreement by O’Connor and/or its affiliates, vendors, and any
suppliers and is protected by copyright laws and international treaty provisions.
Any reproduction or redistribution of the database is prohibited by law, and may
result in severe civil or criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE WEBSITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Subscriber acknowledges that the Website,
and any accompanying documentation and/or technical information, is subject to applicable
export control laws and regulations of the USA. Subscriber agrees not to export
or re-export the Website, partly or in full, directly or indirectly, to any countries
that are subject to USA export restrictions.
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Subscriber shall not attempt, nor assist or provide the opportunity, to reverse-engineer
any of the applications or Website functions. The O’Connor Website may not be used
in any manner that could damage, disable, overburden, or impair the Website, or
interfere with any other party’s use and enjoyment of the Website. Subscriber may
not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through this Website. *** Your use
of an electronic device to click the “Submit” button constitutes your signature,
acceptance and agreement to this contract as if signed by you in writing and has
the same force and effect as a signature affixed by hand.
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