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Terms and Conditions of Use

Welcome to Marshall & Swift. This website is owned and operated by Marshall & Swift, LP. ("M&S"). BY ACCESSING ANY AREA OF THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE TERMS SET FORTH BELOW AND ANY FUTURE CHANGES. If you do not agree to these terms, you may not use or further access this web site.

Copyrights
Except as otherwise noted in this website, all information and other content posted in this website (collectively, the "Information") is the owned by or licensed to M&S , and is protected by copyrights or other proprietary rights. All Information is copyrighted by M&S as a collective work under U.S. and international copyright laws, conventions and treaties. M&S and its licensors retain all proprietary rights to the Information. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of any software related to this website. You may make one hard print copy of limited portions of the Information on an ad hoc basis for your personal noncommercial use only, provided that all copyright and other notices contained therein are maintained, but otherwise the Information may not be used, reproduced, republished, uploaded, posted, transmitted, modified or distributed in any way without M&Ss written permission.

Trademarks
The M&S logo is a registered trademark and "Valuation Data Warehouse" is a registered service mark of M&S; "Marshall & Swift", "M&S", "The Building Cost People", "Our Knowledge is Your Power", the VDW logo and "Tele-Estimating", as well as other related marks which may appear on this website, are the trademarks, trade names or service marks of M&S (collectively, "Trademarks"). The Trademarks may not be used, reproduced, republished, uploaded, posted, transmitted, modified or distributed in any way. No license or other right is granted to use any of the Trademarks. Other product, service and company names mentioned herein are for identification purposes only and may be trademarks/service marks of their respective owners.

No Warranty; Limitation of Liability
Although M&S attempts to provide a useful website, M&S does not guarantee that the Information is accurate, current or suitable for any particular purpose. M&S assumes no obligation to update or continue to post the Information. M&S does not guarantee that access to this website will be uninterrupted, that this website will be free of viruses or other harmful components, or that this website cannot be tampered with by third parties. M&S does not guarantee that information sent to this website will not be obtained, reviewed, disclosed or tampered with by third parties, whether or not measures are taken to secure such information. THIS WEBSITE, THE INFORMATION AND ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. USE OF THIS WEBSITE, THE INFORMATION AND SUCH SOFTWARE IS AT THE USERS SOLE RISK. IN NO EVENT WILL M&S BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS WEBSITE (INCLUDING BUT NOT LIMITED TO ANY SOFTWARE RELATED TO THIS WEBSITE, ANY WEBSITE OPERATED BY A THIRD PARTY, OR ANY INFORMATION CONTAINED IN THIS WEBSITE OR ANY OTHER WEBSITE), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF M&S IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not allow the disclaimer of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Indemnity
You agree to indemnify, defend and hold harmless M&S, its owners, officers, directors, employees, agents, information providers, licensors and licensees from any damages, losses, costs or expenses (including, but not limited to, attorneys fees) which any of such persons may incur as a result of your use of this website or as a result of information entered into this website by you. You agree to cooperate fully with M&S in the defense of any claim. M&S reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of M&S.

Links
Websites hyperlinked or otherwise accessible from or mentioned in this website are not under the control of M&S and are not part of this website. M&S is not responsible for the content located on or through, or the availability of, a linked site. Any links to other websites are provided only for purpose of convenience and do not constitute an endorsement of any linked site, its owner or operator.

Privacy
If you send a message, information or data (collectively, "information") to this website, you hereby grant to M&S and its affiliates and licensees the irrevocable right to read, use, distribute, disclose and otherwise handle the information as M&S deems appropriate in its sole judgement. M&S may use the information for statistical purposes, and may also provide the information to third parties.

Other
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Jennifer Fisher, Marshall & Swift, 911 Wilshire Blvd., 8th Floor, Los Angles, California 90017, telephone (213)683-9000, email: JFisher@MarshallSwift.com This website is controlled by M&S in the State of California, U.S.A. The laws of the State of California will govern these terms, without giving effect to any principles of conflicts of laws. M&S makes no representation that this website or the Information is appropriate, legal or available for use in other locations. Those who chose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if applicable. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The provisions of these terms are severable. If any provision is determined to be unenforceable, such unenforceability will not affect the validity and enforceability of any other provision. These terms, together with the Subscription Agreement (if you are a paid subscriber), are the entire agreement between M&S and you relating to your use of this website. M&S may revise these terms at any time by posting such changes on this website; any such changes shall be binding upon you when posted.

Welcome to Marshall & Swift/Boeckh online. This website is owned and operated by Marshall & Swift/Boeckh, LLC ("MSB," "we" or "us"). 

The following Terms and Conditions govern the use of each of the websites located at, or linked to (but only if such linked URL is owned by us), the URLs www.msbinfo.com, www.marshallswift.com, www.swiftestimator.com, www.costseg-pro.com, www.taxsegexpress.com and www.accucoverage.com (collectively, our Sites). Please read the following Terms and Conditions carefully.

By using any one of our Sites, you understand and expressly agree to be legally bound by these Terms and Conditions and our Privacy Policy and to follow these Terms and Conditions and all applicable laws and regulations governing our Sites. We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Sites. If you violate these Terms and Conditions, we may terminate your use of the Sites, bar you from future use of the Sites or take appropriate legal action against you.

Copyrights and Trademarks of MSB
Each of our Sites is owned and operated by us. Unless otherwise specified, all materials appearing on our Sites, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Marshall & Swift/Boeckh, LLC and its licensors 2001-2008, ALL RIGHTS RESERVED. All audio and video clips are the sole property of MSB or our respective content providers. The content and software on our Sites is the property of MSB and/or its licensors and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of any of our Sites only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from any of our Sites in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on any one of our Sites you may contact us at legal@marshallswift.com. All rights not expressly granted herein are reserved.

We post legal notices and various credits on pages of each of our Sites. If you duplicate, publish or otherwise distribute material on any of our Sites, you may not remove these notices or credits or any additional information accompanying such notices and credits.

The following is a list of trademarks, trade names and service marks owned by MSB:

AccuCoverage, Advantek, Analytics, Arc, BVS, BVS Agricultural, BVS Building Valuation System, BVS Commercial, BVS Express, BVS Suite, Commercial Estimator, InterChange, Integri, IntegriClaim, IntegriClaim Express, Marshall & Swift, Marshall & Swift The Building Cost People, Marshall & Swift/Boeckh, MSB, MSB Express, MS/B Map, MSB Marshall & Swift/Boeckh A Powerful Combination, PAWS, RCT, RCT Express, RCT High Value, RCT MMH, Residential Component Technology, Residential Component Technology Express, Residential Component Technology High Value, Residential Component Technology Mobile Manufactured Housing, Residential Estimator, Residential Xpress, SwiftEstimator, TaxSegexpress, TaxSegpro, Tele-Estimating Services, The Building Cost People, Total Inspection Processing Program, and Valuation Data Warehouse

The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of MSB. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at info@msbinfo.com.

Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of pages of the Sites for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Sites for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by us to do so. The content and software on the Sites are the property of MSB and its licensors and are protected by U.S. and international copyright laws.

Copyright Policy
We may terminate the privileges of any user who uses the Sites unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to the Sites, you warrant that the information does not infringe the copyrights or other rights of third parties.

Representations by You
By visiting any of the Sites, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Sites or for inclusion on the Sites will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. By requesting any marketing materials, demonstration copy or sample copies of any MSB product and services, you represent and warrant that you are not a competitor of MSB or agent thereof.

Accounts
During the registration process for certain products and software offered via the Sites, you will be asked to select a unique password for access to certain portions of the Sites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Sites, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of MSB, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us at info@msbinfo.com of any potential unauthorized use(s) of your account, or breach of security.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that MSB in its sole discretion deems offensive.

Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Sales Taxes
We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Massachusetts, Mississippi, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia and Washington. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Specials, Promotions and Sweepstakes/Contests
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.

Links and Search Results
Each of our Sites may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using any one of our Sites to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to a third party site. However, if you have a problem with a link from any one of our Sites, please notify us at info@msbinfo.com. We will investigate the link and take appropriate action.

Violation of the Terms and Conditions
By using any one of our Sites, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to one or more of our Sites and to any services offered on our Sites, and may remove any content on any of our Sites you have provided ("User Content") if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of MSB or another user. Without limiting the generality of this section, you may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites (or the network(s) connected to the Website) or interfere with any other partys use and enjoyment of the Sites.

License Granted by You
By providing User Content to us, which includes submitting or uploading content or materials for use on the Sites or sending us a message through the Sites, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Sites and your purchase of products or services through our Sites. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or our Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Export
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Privacy
We respect and make efforts to protect the privacy of all users of our Sites. Our current Privacy Policy available at www.marshallswift.com/pages/PrivacyPolicy.htm is incorporated herein by reference and made a part of the Terms and Conditions.

DMCA Policy
If you are notifying MSB of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:

1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

2. A description of the allegedly infringing material and information sufficient to permit us to locate the material;

3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Designated Agent for Notification of Claimed Copyright Infringement

NAME: Jennifer Fisher, Esq.

ADDRESS: Marshall & Swift/Boeckh 350 S. Grand Ave., Ste. 3400 Los Angeles, CA 90071

EMAIL: legal@marshallswift.com

PHONE: (213) 253-4887

FAX: (213) 683-9010

Restrictions
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through any of our Sites. You agree not to use any of our Sites or any content contained in it for any illegal or inappropriate activities.

Guarantee and Disclaimers
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE CONTENT, DIRECTORIES AND INFORMATION ON OUR SITES MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. MSB DOES NOT GUARANTEE THAT THE CONTENT IS ACCURATE, CURRENT OR SUITABLE FOR ANY PARTICULAR PURPOSE. MSB ASSUMES NO OBLIGATION TO UPDATE OR CONTINUE TO POST THE CONTENT. WE DO NOT PROMISE THAT OUR SITES OR ANY SERVICES OFFERED ON OUR SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITES OR ANY CONTENT, SEARCH OR LINK ON THEM WILL PROVIDE ANY SPECIFIC RESULTS. MSB DOES NOT WARRANT THAT THE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES CANNOT BE TAMPERED WITH BY THIRD PARTIES. MSB DOES NOT GUARANTEE THAT MESSAGES OR DATA SENT TO THE SITES WILL NOT BE OBTAINED, REVIEWED, DISCLOSED OR TAMPERED WITH BY THIRD PARTIES, WHETHER OR NOT MEASURES ARE TAKEN TO SECURE SUCH MESSAGES OR DATA.

OUR SITES AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE."

EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITES, OUR SITES AND OUR SITES' USE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS OR ACCURACY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.

Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, MSB, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH 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 you.

Advertising
The Sites may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

Applicable Law
You agree that any legal action brought against us shall be governed by the laws of the State of California, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of any one of our Sites shall be an appropriate federal or state court located in Los Angeles, California. We make no representations that the content in our Sites is appropriate for access outside the United States. Those who choose to access any one of our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

MSBs obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from MSB through any of the Sites that is provided without an agreement, that product or service is provided AS-IS with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Indemnity
By using any one of our Sites, you agree to indemnify and hold MSB, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or uploading any content to such Site. You agree to cooperate fully with MSB in the defense of any claim. MSB reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of MSB.

Severability
If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Headings
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.

Any rights not expressly granted herein are reserved.

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