The submission of information to CoStar (as defined below), access to, and use of the CoStar websites (www.belbex.com and any other website operated by the CoStar group to which You are accessing) (the "Sites") and the real estate information services provided thereon (collectively, the "Service") are subject to the following contractually binding terms and conditions (the "Terms and Conditions" or the "Agreement").
The Service is offered by CoStar España, S.L.U., a Spanish company with registered offices at calle Marqués de Villamagna, 3, planta 13, 28001 Madrid (Spain), holder of tax ID number B87237921 and registered with the Commercial Registry of Madrid, volume 33230, folio 172, sheet n. M-598026 (hereinafter, "CoStar" or the "Company").
To contact CoStar in a direct and effective manner, You (as defined below) can write to the e-mail address info@belbex.com or call to +34 912793322.
These Terms and Conditions regulate submission of, access to and use of the contents, Service and products offered by CoStar through the Sites. At any time, CoStar reserves the right to modify the presentation, configuration and content of the Sites, as well as the conditions to access and use the Sites. Access and use of the Sites once its contents and/or its Terms and Conditions are modified and come into force, entail Users' acceptance to the modified Sites and Terms and Conditions.
If you are viewing, using, or accessing the Service for free, you are a "User". If you are viewing, using or accessing the Service under a paid or Premium subscription, you are a "Customer". These Terms and Conditions refer to Users and Customers collectively as "You". No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the Service without express written permission from CoStar. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of CoStar, including, without limitation, any company controlled by or under common control by CoStar or acting on behalf of a competitor of CoStar in registering for or accessing the Service.
By viewing, using or accessing the Service, You agree that these Terms and Conditions are a binding legal agreement between You and CoStar. You also agree to be contractually bound by the Privacy Policy and Cookies Policy, both of which are available by hyperlink at the top of this page. If You do not agree to these Terms and Conditions, You are prohibited from viewing, using or accessing the Service and must immediately discontinue viewing, use, and/or access. Unless explicitly stated herein otherwise, if You and CoStar have entered into a separate written agreement that covers Your use of a CoStar product or service (the "Licensee Agreement"), the terms and conditions of such agreement shall control with respect to such product or service to the extent they are inconsistent with these Terms and Conditions. All questions concerning these Terms and Conditions should be directed to: calle Marqués de Villamagna, 3, planta 13, 28001 Madrid (Spain).
You may enjoy the following functionalities by accessing the CoStar Sites:
By completing the registration process, You may enjoy the following additional functionalities:
Access to the CoStar Sites is free of charge, except for the connection costs of the telecommunications network offered by the internet provider contracted by the User.
Membership Privileges
Membership privileges are granted by CoStar to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of CoStar. Upon registration, You become "Member" of CoStar and You represent and warrant that the information You provide is true, accurate, complete and current. Each Member must maintain a valid email address and password, which shall be utilized for logging on to the applicable CoStar Site. Members are required to maintain the confidentiality of their account credentials and are not permitted to share their individual login information with others.
Members are responsible for the activities carried under their user account. In case of unauthorized access, loss or theft of the account credentials, Members shall promptly notify CoStar. CoStar is not responsible for any loss or damage arising from Members' failure to maintain the confidentiality of their account information. CoStar has the right to refuse or terminate the Service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, the Marketing Center Terms as posted and displayed on the CoStar Sites, or abuses its rights related to the Service. Upon registration, User becomes a Basic Member.
CoStar utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant CoStar the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes CoStar determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. If Member’s request to opt out of marketing messages, CoStar will immediately cease sending said communications, but under no circumstances will CoStar have any liability for sending any Service emails to its Members.
Submission and Administration of Listings
Members may submit to CoStar property descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, contact details or other information (hereinafter, the "Submitted Content") for each listing in CoStar Sites. The Submitted Content may be accessible to all Users of the Service and/or of other products and services of CoStar, CoStar group companies or of third parties with whom CoStar has a collaboration relationship. By submitting a listing, Member represents, warrants and agrees that (a) it owns or has the full right, power and authority to grant CoStar the right to use all Submitted Content uploaded, posted, e-mailed or otherwise transmitted to CoStar; (b) its license of such content to CoStar hereunder does not, and the use or license of such content by CoStar to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by the Member, or pending claims or litigation, relating to such content; (d) it will fully indemnify CoStar against any and all damages or other losses, and any related attorney’s fees, other fees, and/or expenses, incurred by CoStar as a result of any breach of the foregoing representations or in connection with its Submitted Content, including, without limitation, as a result of any claim brought by a third party in connection with the Submitted Content, whether or not such claim prevails. With respect to all Submitted Content Member has uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, CoStar acknowledges that Member retains any applicable ownership rights that Member may have with respect to the Submitted Content. Member nonetheless grants CoStar and its affiliates (including other CoStar group companies) and their licensees during the maximum period legally acknowledged a royalty free, worldwide, non-exclusive and fully sub-licensable right and license to use, reproduce, adapt, perform, modify, display, publish, translate, prepare derivative works from, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), and/or incorporate it in other works in any form, media, or technology now known or later developed, including the Sites and any other web pages, platforms, technological applications or any other means that allow transferring content via the internet, or other electronic means, that are owned or controlled in any way by CoStar, any of its group companies, or by a third party with which it collaborates, including, but not limited to social network profiles, digital press and other web pages in which property can be advertised. Member further acknowledges and agrees that CoStar may preserve any such Submitted Content, and may also disclose such Submitted Content in its sole discretion (including, without limitation, within other products offered by CoStar and its affiliates, including other CoStar group companies). By submitting an advertisement, Members represent, warrant and agree that:
Member agrees not to submit any Submitted Content to CoStar unless Member has received all necessary rights and authorizations, including but not limited from the photographer or videographer and/or any other intellectual property holder of any photographs or videos, to publish and advertise the property listing on Member's website and CoStar Sites. Specifically, Member will not submit a photograph if Member received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the CoStar Sites. Members may only submit videos personally created by them or their direct employees. Members may not upload or otherwise submit videos created or produced by third-party video tour providers. Where Member’s listing incorporates content provided by CoStar or its affiliates, such as property photos or other images or information (collectively, "CoStar Materials"), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such CoStar Materials strictly in connection with Member’s CoStar listing. All other rights to CoStar Materials are expressly reserved.
CoStar may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision, these Terms and Conditions and/or the Privacy Policy and Cookies Policy. In addition, the Company may require additional evidence of compliance with this provision from Members who are alleged to have submitted property listings, Submitted Content or other information in violation of these binding Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse Service to, any Member who repeatedly or knowingly violates these binding Terms and Conditions. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the CoStar Sites. No robot, spider or other automated service may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the CoStar Sites and Company shall have the right to modify the property listing in the exercise of its rights under these binding Terms and Conditions. Member (a) represents and warrants that all properties and associated information provided by Member, including Submitted Content, will be accurate; and (b) agrees to administer the properties provided and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the CoStar Sites.
Member is entirely responsible, and CoStar accepts no responsibility for the Submitted Content from the Member. While the Company will undertake reasonable efforts for data backup and business resumption, Member will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to CoStar.
CoStar may add digital watermarks to certain parts of property listings, including photographs. The purpose of such digital watermarks is to protect against the copying or further distribution or public communication of Member photographs without its permission.
Member agrees that CoStar may adjust portions of the information contained within the Service (e.g. within the property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings by CoStar. Member accepts that this is a legitimate and lawful security precaution on the part of CoStar, and accepts further that in the event that any third party has access to property listings that can be identified as having such unique adjustments, this shall constitute a prima facie breach of security and of these Terms and Conditions.
Use of Information
You agree to treat all information obtained from the Service, including CoStar Materials, listings, member directory, and any information otherwise made available to You in the Service (individually and collectively, the "Content") as proprietary to CoStar. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of CoStar. CoStar does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence. You shall limit access to, viewing of, and use of active property listings to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other listing service or device. You further shall not use the Service as part of any effort to compete with CoStar, including, without limitation, using the Service to provide, alone or in combination with any other product or service, any databases services to any third party or any use that causes a reduction or loss from an existing or potential CoStar customer, nor shall You remove, erase, or tamper any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the CoStar Service. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy CoStar products, services or information; decompile, decode or reverse engineer CoStar software; or use CoStar products or services in an unlawful manner, such as for offensive, aggressive, obscene, explicitly, sexual, violent, abusive, tortious, libelous, defamatory or other illegal purposes. You shall not:
Payment Terms
Parties agree to the payment terms regulated under Section 6 of the Premium Service Terms and Conditions.
If Customer has a question about a cancellation, Customer should contact CoStar Client Services at admin@belbex.com or at +34 91 279 33 22. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab, once Customer has logged into www.belbex.com or into the applicable Site.
The Customer must notify CoStar about any billing problems or discrepancies within ninety (90) days after charges first appear on their account statement. If it is not brought to CoStar’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies. Notwithstanding anything to the contrary in the Licensee Agreement, if any, CoStar reserves the right to discontinue the provision of all or any portion of the Service, in which case (i) Customer shall only be responsible for paying fees associated with that portion of the Service (if any) that continue to be provided after the effective date of such termination, and (ii) CoStar shall refund any fees (if any) paid by Customer for provision of the discontinued Service after the effective date of such termination.
Premium Subscriptions
CoStar offers a paid subscription product for those Customers who primarily utilize the Service to actively list and market commercial properties available for sale and/or for lease ("Premium Lister"). A Customer who purchases a Premium Lister subscription is a "Premium Customer". Premium Subscription privileges are granted by CoStar to individuals exclusively and extend solely to the subscribing Premium Customer. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium Customer. Moreover, a Premium Customer may not use a Premium Subscription for the benefit of any other broker, appraiser, researcher, analyst, sales person or similar commercial real estate professional, including, without limitation, those working for the same company or at the same place of business. A Premium Customer is prohibited from using Premium Lister to list properties on behalf of, or for the benefit of, other brokers or commercial real estate professionals working for the same company or at the same office. Such Customer of a Premium Lister subscription is permitted to list solely those listings for which he or she is the listing broker. Premium Subscription privileges are subject to change from time to time and may be subject to property listing, property searching, and Member directory searching limitations. Under Premium Lister subscription; higher Premium Listing plans are available for purchase by calling +34 91 279 33 22. Any listing on which the Primary Contact is a Premium Lister and is within its plan will receive Premium exposure. Customer acknowledges that CoStar (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. CoStar also has the right to refuse service to any Customer that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer’s listing activity on the Sites. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes. After adding a listing at the Basic exposure level, there will be an option to change current membership level to a Premium Lister with a Premium Listing plan which will provide Premium exposure for the listing.
Termination
In addition to any other termination rights permitted herein, CoStar reserves the right to terminate or suspend a Customer’s account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by You, discontinuance or material modification of CoStar services, nonpayment of fees owed by You in connection with CoStar or its affiliates’ services, account inactivity or technical or security issues. Upon termination, CoStar shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
CoStar retains all rights (including Intellectual and Industrial Property Rights as defined below), title and interest in the Service, the CoStar Sites, CoStar Materials, email alert database and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Service hereunder.
In no event, accessing, exploring, using, storing and/or downloading contents of the CoStar Sites and/or using the Service herein provided will be understood as a waiver or transfer (neither total nor partial) of any of the aforementioned rights by CoStar or the relevant owner. You are entitled to utilize the Intellectual and Industrial Property Rights with the sole purpose of accessing the contents and using the Service and the CoStar Sites.
In particular, it is strictly forbidden to use the Sites' content for its inclusion, partially or totally, in any other websites without CoStar's prior and written authorization and to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of CoStar’s technology or delete or alter author attributes or copyright notices, other identification details as well as any technical protection devices or any information and/or identification mechanisms contained therein. You shall use the CoStar system solely for Your own individual use and shall not share passwords with others or allow others to use the CoStar system under or through Your login ID/email and password; nor shall any Member use the CoStar system to list properties or conduct searches on behalf of other non-Member brokerage, research, analyst, sales or other similar personnel. Intellectual and Industrial Property Rights means all intellectual and industrial property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under the applicable law, contract, or otherwise, and whether or not perfected, including, without limitation, (a) all rights associated with works of authorship including, without limitation, copyrights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, trade names, trade dress, service marks, logos and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
References to registered or non-registered trade names, trademarks, logos and other distinctive signs, either owned by CoStar or by any other third parties, must not be used without the prior consent of CoStar or its owners. In no event, although otherwise expressly stated, access or use of the CoStar Sites and/or of its contents, services and products grants You any rights over the trademarks, logos and distinctive signs protected by law.
Intellectual and Industrial Property Rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, load files, send by mail, transmit, use, process or distribute in any form, either totally or partially, the contents and products included in the CoStar Sites for public or commercial purposes without the prior written and express authorization of CoStar or of the owner of such rights.
You will maintain CoStar and its licensors harmless from any third party actions claiming that their Intellectual and Industrial Property Rights have been infringed due your lack of compliance of this clause.
Limitation of Liability and Indemnification
CoStar (including its directors, employees and agents) shall not be liable for any damages arising from the breach or the defective fulfillments of its contractual obligations, including without limitation the representations and warranties regulated under this Agreement (and, in particular, damages for loss of business profits, interruption of business, loss of goodwill or business reputation, other intangible loss, inaccuracies, errors or omissions in the information, products or services provided, reliance by the licensee on the completeness or accuracy of information, loss of use of data, computer viruses, computer corruption –including the deletion or corruption of content or data maintained or transmitted through the use of the services–, private listing functionality or CoStar's failure to keep Customers' login and/or password secure and confident) that exceed the Price paid by the Customer to CoStar for the Service. Additionally, CoStar (including its directors, employees or agents) will not be responsible for any damages whatsoever arising from Customer's use of the Service. CoStar's entire liability under this Agreement shall be a refund of the Price paid by the Customer hereunder, and in no event will CoStar's liability for any reason shall exceed such fee. Customer shall hold CoStar harmless (as well as its directors, employees and agents) from and against any and all costs, damages or losses (including, without limitation, reasonable attorney' fees) as a result of a claim by any person other than CoStar and as a consequence of the use of the Service by the Customer including, but not limited to, any responsibility derived from data, information or properties included in the Sites by the Customer.
CoStar cannot guarantee the reliability, utility or truthfulness of the information offered through the CoStar Sites and, in particular, of the real estate information obtained by You from the search results. Any real estate information accessed through the CoStar Sites shall not be regarded by You as a commercial offer of CoStar and/or of the third party providing such information.
Consequently, CoStar does not guarantee and is not responsible for: (i) the continuation of CoStar Sites content and the Service; (ii) the absence of errors in its content, products and Service; (iii) the absence of viruses and/or harmful components in the CoStar Sites or in its server; (iv) the lack of security of the CoStar Sites and/or the strength of the security measures adopted in the CoStar Sites; (v) the lack of utility or performance of the CoStar Sites contents and Service; (vi) the damages caused by any person who infringes the conditions, rules and instructions of CoStar established on the CoStar Sites or due to the violation of the security systems; (vii) the damages caused by the relationship established by You and the property owners, agents or similar commercial real estate professionals, and (viii) the existence of any pledges, charges, liens, mortgages, embargoes or any other third party rights over the properties listed on the Sites.
Notwithstanding the aforementioned, CoStar declares that it has adopted the required measures, within its possibilities and the state of technology, to guarantee the operation of the CoStar Sites and prevent the existence and transmission of viruses and any other harmful components.
If illicit, illegal, contrary to laws or other content infringing Intellectual and Industrial Property Rights come to Your knowledge, You shall immediately notify CoStar so that it can proceed to the adoption of the corresponding measures.
Warranty Disclaimers
CoStar does not guarantee that the Premium Service will meet the Customers' expectations and that it will be free from errors or defects. The materials and documents available on the Sites are informative and the Customer assumes the risk of their use.
Maps and Directions Disclaimer
The maps and directions information provided by CoStar have been obtained from sources believed reliable, including Google Maps or any other third parties (such as property owners, agents or similar commercial real estate professionals, the Statistics Institute of Madrid Community, Madrid City Hall and the Regional Transport Association of Madrid). By using Google Maps, You agree to be bound by the Google Maps Terms of Service, available at https://www.google.com/intl/en_es/help/terms_maps.html. While CoStar does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is Your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use. Neither CoStar nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Your use of and/or reliance on Your use of CoStar information, products or the Service.
Links to third party sites
The Sites may contain hyperlinks to other websites operated by parties other than CoStar which are beyond CoStar's control. Parties other than CoStar may provide services or sell product lines on CoStar Sites that take You outside of our Service. This includes links from advertisers, sponsors, and content partners that may use CoStar logo(s) as part of a co-branding relationship. For example, if You click on a banner advertisement the click may take You off the CoStar Sites. CoStar does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their Sites. CoStar does not assume any liability for the actions, product, and content of all of these and any other third parties. CoStar makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites. When You click on a link that leaves the CoStar Sites, the website You will land on is not controlled by CoStar and different terms of use and privacy statements may apply. CoStar also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third-party sites and any links thereto.
In this sense, if You have effective knowledge of the illegal character of the activities carried out through these third party websites, You shall immediately notify CoStar so that it proceeds to disable the link that permits access to said websites.
The establishment of links from the CoStar Sites to websites belonging to third parties does not imply the existence of any kind of relationship, collaboration or reliance between CoStar and the responsible person of the third party website.
CoStar Sites links in third party websites
If You or any entity or website wishes to include any kind of link to the CoStar Sites it must comply with the following:
Personal data
The CoStar Sites' privacy policy is regulated in the document Privacy Policy.
Users will be responsible if they collect, store and/or use any personal data made available through the CoStar Sites for any other purposes than those regulated in the Privacy Policy. In such case, Users will indemnify CoStar against any and all damages, looses, expenses and costs (including but not limited to attorneys' and experts' fees), civil liability, sanctions or fines imposed by any governmental or judicial body as a result of claims against CoStar because of the breach of the Privacy Policy.
Modification of these Terms and Conditions
CoStar may modify, totally or partially, the terms and conditions herein regulated by publishing any modifications in the same manner as these Terms and Conditions or through any communication addressed to You.
Therefore, the temporary validity of these Terms and Conditions is coincident with the period within which such terms are available to You. The modified Terms and Conditions will come into force once these are totally or partially modified. Access by You to the CoStar Sites will imply the express acceptance of the modifications included in the Terms and Conditions and/or in the Privacy Policy.
At any time, CoStar may terminate, suspend or interrupt access to the contents, the Service and products of the CoStar Sites, without giving prior notice to You and without You being entitled to compensation for damages. Upon termination, the prohibitions of use on the contents, services and products mentioned in these Terms and Conditions will continue being applicable.
The heading of the provisions are for information purposes only and will not affect, qualify or amplify the interpretation of these Terms and Conditions.
In case any provision of these Terms and Conditions is, totally or partially, considered null or inapplicable by any competent court, tribunal or governmental body, such nullity or inapplicability will not affect the rest of the provisions of these Terms and Conditions.
The lack of exercise or execution by CoStar of any right or provision contained in these Terms and Conditions will not constitute a waiver to such right or provision, unless made in writing.
Governing Law; Customer Right to Arbitrate
These binding Terms and Conditions, and the Service provided by CoStar, shall be governed by Spanish law, without prejudice of any law applicable by virtue of the provisions on applicable law and jurisdiction regulated in Spanish and European laws. You hereby consent to the exclusive jurisdiction and venue of the courts of Madrid for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
You acknowledge that any breach of these binding Terms and Conditions, including, without limitation, the restrictions on competitor use, viewing, or access and the sections above titled "Submission and Administration of Listings" and "Use of Information", or any unauthorized use of the Service, is a material breach of the Agreement and will cause irreparable harm and injury to the Company, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that the Company shall be entitled to injunctive relief. Any User, Member, Customer, or other individual or entity that violates any term of these binding Terms and Conditions is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar contract, including terms and conditions, terms of use and terms of service, asserted by such User, Member, Customer, or other individual or entity, or any affiliate thereof, as binding upon CoStar and its affiliates, including other CoStar Group companies. Material breach of these binding Terms and Conditions harms the integrity, functionality, and reputation of CoStar and its affiliates; detracts from Users’ and Customers’ trust in and use of the Service; and unfairly harms, thereby causing damage to, the business of CoStar. You agree that, in the event You materially breach these binding Terms and Conditions, You will pay CoStar’s reasonable attorneys’ fees and costs, to be determined by a court or arbitrator, but not less than 30,000 Euros (€), an amount the parties agree would be the minimum reasonable fee for any legal action required to enforce these binding Terms and Conditions.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sub-licensed or otherwise transferred by Customer without the prior written consent of CoStar, which retains the right to withhold consent in its sole discretion. CoStar may assign the rights and obligations arising out from this Agreement to companies within its group prior notification to the Customer.
Waiver and Severability
The failure of CoStar to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, You agree that the remaining terms and provisions remain in full force and effect.
Notices
All notices to Company must be in writing and must be sent by registered mail, certified mail, or overnight mail with a return receipt requested to Member Service at CoStar.
Entire Agreement
Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Updated June 22 2023