Privacy Policy & Terms of Use 

Welcome to the Cushman & Wakefield Compass Web site.  By using our site you agree to comply with and be bound by the following terms of use with respect to the site.  By becoming a C&W Compass Report (“Report”) subscriber you also agree to the following terms and conditions that apply to the Report.  Please review the following terms carefully. If you do not agree to these terms, you should not use our site or become a Report subscriber.  The terms "C&W" or “us” or “we” or “our” refers to Cushman & Wakefield Real Estate Services, the owner of the Web site.  The term “you” refers to the subscriber.

1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and its content, the Report and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright.
The content, organization, graphics, design, and other matters related to the Site and the Report are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site or the Report, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or incorporated in the Report. The posting of information or materials on the Site or inclusion in the Report does not constitute a waiver of any right in such information and materials.  Some of the content on the site is the copyrighted work of third parties.

3. Service Marks.
"northmarqcompass.com" is our registered domain name.  Cushman & Wakefield Compass and other service marks and trademarks used in association with the Site and the Report are our service marks and trademarks.  Other product and company names mentioned on the Site may be trademarks of their respective owners.

4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.  No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Report subscribers are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Report strictly in accordance with this Agreement; (b) to use the Report solely for internal, personal, non-commercial purposes; and (c) to copy portions of the Report solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. 

5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site, the Report and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:  You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Content and Materials without our express permission; (b) use any Content and Materials to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial  distribution mechanism; (c) use any Content and Materials in any manner that might infringe our copyrights or other intellectual property rights or proprietary rights, or  those of third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Content and Materials; (e) make any portion of the Site of the Content and Materials available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (g) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (h) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (j) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

6. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

7. Registration.
Certain sections of the Site may require you to register.  If registration is requested, you agree to provide us with accurate, complete registration information.  Your registration must be done using your real name and accurate information.  Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.  You are responsible for preventing such unauthorized use.

8. Errors, Corrections and Changes.
We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. We do not represent or warrant that the Site or the Report will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site or the Report will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site and the Report at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site or incorporated in the Report

9. Third Party Content.
Third party content may appear on the Site or in the Report, or may be accessible via links from the Site.  We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site.  You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

10. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

11. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site or the Report.

12. Nontransferable.
Your right to use the Site and the Report is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

13. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE AND THE REPORT ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE REPORT AND THE INFORMATION, CONTENT AND DOCUMENTS AVAILABLE FROM OR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE REPORT AND THE INFORMATION, CONTENT AND DOCUMENTS AVAILABLE FROM OR THROUGH THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 

14. Limitation of Liability
 (a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, or (d) the content contained on the Site or the Report.\

15. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.  The provisions of this Section 15 are subject to the provisions of our Privacy Policy.

16. Privacy Policy.
Our Privacy Policy is set below and is incorporated by reference herein. Except as provided in Section 15 above, our Privacy Policy is subject to the terms and conditions of this Agreement, including but not limited to the limitations of liability incorporated in this Agreement.

17. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

18. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of The Report, the Site and the Content and Materials provided therein.

19. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Minneapolis, Minnesota, and shall be governed by and construed in accordance with the laws of the State of Minnesota (without regard to conflict of law principles). This Agreement may be assigned by us in our sole discretion to a third party.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.
 
 

PRIVACY POLICY

This statement discloses our privacy policies and practices with respect to our Web site (“Site”) and the C&W Compass Report (“Report”). The Site may contain links to other web sites. However, we are not responsible for the privacy practices or the content of such web sites.

1.  Information We Collect and Use

We use various methods to collect certain other kinds of information, including:

Cookies
Referrers
IP addresses
System information

None of these methods can be specifically identified with you with the exception of cookies.

Cookies
A "cookie" is an element of data that a web site like NorthMarqCompass.com can send to your browser, which may then store it on your computer system.  Cookies are used to better personalize the content you see.  Some Site pages use cookies.  We may use the information we gather with cookies to research and understand Site user preferences.  This is done with aggregated information combining data on multiple anonymous users so that we can improve your experience when visiting the Site.  We treat any personal information in a cookie with the same confidentiality as the information we obtain when you register as a subscriber to the Report.  We do not require that you accept cookies and you can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.

Referrers
A "referrer" is the information passed along by a web browser that references the web URL you linked from. Referrers are automatically collected by our web server and used to identify the web sites referring traffic to our Site. Referrer information is tabulated by us on an aggregated basis to identify general trends and traffic patterns.  From time to time, we may enter into agreements with content partners that require us to count the number of product downloads and/or product sales stemming from referrals from a content partner site. This information is collected, used and aggregated by us to fulfill the reporting requirements of those agreements. This information may also be combined with referrer information on an aggregated basis to identify general trends and traffic patterns.  Information you provide to us, including personal information and referring URLs, is collected in our web server logs and client database.

IP Addresses
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer so that data (such as the web pages you request) can be sent to you. They are automatically collected by our web server.

System Information
System information we collect might include, among other things, the type of web browser being used, the operating system/platform, and CPU speed. This information is sent automatically by your web browser when you are connected to a web site and is used by us only for broad demographic statistics. This information is used by us to identify broad trends and may be used to provide information appropriate for your computer system.

2. Information You Provide to Subscribe to the Report
You will provide certain information to us when you register as a subscriber to the Report. That information you provide is used to (a) provide information to you, (b) allow you to subscribe to the Report, and (c) aggregate information in order to understand general user and subscriber trend

3.  Information We Collect and Share with Others
At times, we must disclose relevant information about our clients to our business partners.  For example, we might also need to disclose certain information to our contractors, so that they may perform services for us. We require such contractors and business partners to keep your information confidential.  We may disclose information to such contractors and business partners without additional notice.

Advertisements might be displayed on the Sites and might be delivered via an advertising management service. When you view a web page on the Site that contains advertising, an advertising service company may place a cookie on your computer. We do not provide any of your information to the advertising service without providing you an opportunity to opt out. You may disable cookies in your browser if you do not wish to receive cookies from advertising servers.

4.  How to Update and Correct Personal and Account Information
We strive to keep our records of the information collected in the registration process accurate and we will promptly update our records when you update your information at our web site.  It easy and simple to update your information

  • From the home page, log in to the site and then choose "View Profile" at the top of the page.
  • On the Account Maintenance screen, choose “Edit Account Info.”
  • Review or change any part of your account information and click “Save Profile”.

When you access your account (after supplying your user name and password), you can update and/or correct the information you have previously submitted.

5. Contact Us
Please contact us directly at info@cushwakenm.com or 952-831-1000 with any Privacy Policy questions or comments you may have. 

6.  Changes to Our Privacy Policy
Our business changes constantly. This Privacy Policy may change also, and our use of the information you provide to us or we collect about you now is subject to the Privacy Policy in effect at the time we collect the information. You should check our web site frequently for changes to our Privacy Policy. 

7. Compliance
We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when it learns of any failure to comply with this Privacy Policy.  We might not always catch an unintended privacy issue despite our efforts to do so.  We welcome user feedback on any privacy concerns.  In light of the above and because of the complex and constantly changing nature of our technology, our business and the law, we do not guarantee error-free performance under this Privacy Policy.

 
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