LAST UPDATED: September 14, 2023
and all of our other websites to which this Agreement is posted (collectively, the “Advan Site” or “Website” or “Site”)
and any products, services or features made available by us through the Advan Site or through any authorized third party reseller
(together with the Advan Site, the “Services”). In this Agreement, “Advan,” “we,” “us,” and “our” mean Advan
Research Corporation, LLC., and "Customer", "You", "Your", "Yourself", “you,” “your,” and “yourself” mean any user of the Services. By accessing or using
the Services, you agree to this Agreement. We may update or revise this Agreement from time to time in our sole
discretion, subject to applicable law. You are free to decide whether or not to accept a modified version of this
Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. If you do
not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to
terminate your use of the Services. Except as otherwise expressly stated by us, your use of the Services is subject
to the version of this Agreement in effect at the time of use.
You shall not attempt to re-identify any Advan Content (as defined in section 1 below) that has been deidentified or obfuscated by Advan.
You shall not attempt to build a user profile for a given individual or device based on the Advan Content, including,
without limitation, where an individual or device lives, works or visits, and may not
attempt, facilitate, or encourage others to identify a given individual or user or reconstruct user profiles based
on the Advan Content.
For the avoidance of doubt, and without limiting any other obligations set forth in this Agreement, you shall not
use, license, sub-license or distribute the Advan Content or any data derived from Advan Content, for any of the
(a) to identify homes, work locations or visitation patterns of individuals that visit Sensitive
Points of Interest, as these are published in the NAI "Precise Location Information Solution Provider Voluntary
Enhanced Standards" found here. As of
this writing this list includes:
- Places of religious worship
- Correctional facilities
- Places that may be used to infer an LGBTQ+ identification
- Places that may be used to infer engagement with explicit sexual content, material, or acts
- Places primarily intended to be occupied by children under 16
- Domestic abuse shelters, including rape crisis centers
- Welfare or homeless shelters and halfway houses
- Dependency or addiction treatment centers
- Medical facilities that cater predominantly to sensitive conditions, such as cancer centers, HIV/
AIDS, fertility or abortion clinics, mental health treatment facilities, or emergency room trauma
- Places that may be used to infer refugee or immigrant status, such as refugee or immigration centers and immigration services
- Credit repair, debt services, bankruptcy services, or payday lending institutions
- Temporary places of assembly such as political rallies, marches, or protests, during the times that
such rallies, marches, or protests take place
- Military bases
(b) for making decisions solely by automatic means where the decision has a significant effect on the
individual to whom the data relates,
(c) for any unlawful tracking or unlawful surveillance purposes,
market or sell to law enforcement agencies or to any governmental agency to be used for a law enforcement purpose,
(e) in connection with establishing eligibility for employment, health care, credit or
1. Use of the Services and Advan Content
We offer the Services and the features, information, materials, and content provided and depicted through the Services
(collectively, “Advan Content”) solely for your personal use for the purposes described therein and in this
Agreement. You may only download Advan Content if (a) the download function is explicitly made available to you by the
platform, and (b) you have explicitly procured the right to download and use the data. If you are accessing the Advan
Content via Advan's platforms then (i) if you have a separate licensing agreement with Advan, such agreement governs
your download rights, or (ii) if you do not have a separate licensing agreement, then the download rights are controlled
by the Advan platform. If you are accessing the Advan Content via a third party platform, you are only allowed to
download the data if your agreement with the authorized third party explicitly allows such download. If you download data that you
do not have the right to, you are required to delete it immediately and to not utilize it for any purpose. Any and all
other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or Advan
Content. We may modify the Services and Advan Content from time to time in our sole discretion and without liability to
you and reserve the right, in our sole discretion, to remove certain of the Services or Advan Content and deny or limit
access to the Services.
The Services and Advan Content are protected by copyright, trademark, patent, and other intellectual property laws. We
expressly reserve all its rights and remedies under applicable law. Except as expressly provided by this Agreement or
with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce,
distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Services or any Advan
Content in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party
to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services
or copy any Advan Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our
sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c)
utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the
Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Services or Advan Content to a
third party; (e) use any portion of the Services or Advan Content to provide, or incorporate any portion of the Services
or Advan Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble,
or otherwise seek to obtain the source code of the Services; (g) modify the Services or Advan Content or create any
derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the
Services or Advan Content; or (i) use the Services or Advan Content for any illegal purpose. We may, but are not
obligated to, monitor your use of the Services and Advan Content.
We do not grant you any licenses, express or implied, to the intellectual property of Advan or our licensors, except as
expressly stated in this Agreement. We and our third-party licensors retain all right, title, and interest in and to the
Services, any Advan Content, and any associated patents, trademarks, copyrights, mask works, trade secrets, and other
Advan may, at any time during the term of this Agreement and with seven (7) days prior notice, request and gain access
to Your premises, for the limited purpose of conducting an inspection to determine and verify that You is in compliance
with the terms and conditions hereof. You will promptly grant such access and cooperate with Advan in the inspection;
provided, however, that the inspection will be conducted in a manner not intended to disrupt unreasonably Your business
and will be restricted in scope, manner and duration to that reasonably necessary to achieve its purpose.
If you are accessing Our CMBS products, you hereby certify that you are already procuring, and you will continue to
procure for the duration of your use of Our CMBS products, a list of CMBS identifiers, including deal, loan and property
names and IDs, and property address information.
applies to your use of the Services, and its terms are made a part
in connection with the Services.
3. Third-party Links
The Services may contain links to websites and applications operated by parties other than Advan. We provide such links
for your reference only. We do not control such third-party websites and applications and are not responsible for
their availability or content. Our inclusion of such links does not imply Advan’s endorsement of the material on
such third-party websites and applications or any association with their operators. We assume no liability
whatsoever for such third-party websites and applications or any content, features, products, or services made
available through such third-party websites and applications.
4. Compliance with Applicable Law
We make no representations that the Services are appropriate or available for use in all locations. If you access the
Advan Site, you do so at your own risk, and you are responsible for complying with all applicable laws, rules, and
regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area, or
jurisdiction we choose, at any time and in our sole discretion.
You agree to indemnify, hold harmless, and (at our request) defend Advan, its affiliates, and its and their
representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims and
demands (including reasonable attorneys’ fees) made by any third party due to or arising out of your use of the
Services, your breach or alleged breach of this Agreement, or your violation of any rights of another.
6. Disclaimers and Limitation of Liability
The services, all Advan content, and any other information, products, and materials contained in or accessed through the
services are provided to you strictly on an “as is” and “as available” basis without any warranty of any kind. All
conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without
limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of
third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law. Advan does not warrant that
your use of the services will be uninterrupted or error-free, that Advan will review the information or materials made
available through the services for accuracy or that it will preserve or maintain any such information or materials
without loss. Advan will not be liable for delays, interruptions, service failures, or other problems inherent in use of
the internet and electronic communications or other systems outside Advan’s reasonable control.
To the maximum extent permitted by applicable law, in no event will Advan be liable to you or any third party for any
damages or injury of any kind or under any legal theory, including, but not limited to, direct, indirect, consequential,
exemplary, incidental, special, or punitive damages of any kind, whether based in contract, tort, or otherwise, and even
if advised of the possibility of such damages, which arise out of or are in any way connected with this agreement, any
use of the services or Advan content, or any failure or delay relating to the services. Some jurisdictions do not allow
the limitation or exclusion of liability in certain circumstances, so the above limitations and exclusions may not apply
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for
certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the
extent that Advan or any other Advan Party may not, as a matter of applicable law, disclaim any warranty or limit
its liability as set forth herein, the scope and duration of such warranty and the extent of Advan’s and such Advan
Party’s liability shall be the minimum permitted under such applicable law.
7. Term and Termination
This Agreement is effective as of the date of you first access or use the Services and will remain in effect for the
duration of your access or use, unless earlier terminated as provided herein. We may terminate or suspend your ability
to use any or all of the Services and may terminate this Agreement effective immediately, without notice or explanation
Without limiting the foregoing, we may suspend your access to the Services and bill you upfront for the remainder of the Term if we believe you have breached any term of this Agreement.
Upon expiration or termination of this Agreement or of any licenses granted hereunder for any
reason the provisions You will promptly remove all affected Services
from all memory locations, return all copies of the affected Services to Advan, and execute and deliver to Advan a
certificate stating that all copies of the affected Services have been removed and returned or destroyed.
The termination of this Agreement will not affect any of our rights or your obligations arising
under this Agreement, and you agree that Advan will not be liable to you for any termination of this Agreement or for
any effects of any termination of this Agreement. You are free to discontinue your use of the Services at any time.
The following will survive any termination of the Agreement and any order forms related to the Agreement: Sections
8. Access and Interference
You agree that you will not: Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion or elements of the Service, without Advan's express written consent, which may be withheld in Advan's sole discretion, and which may be given by Advan by means of the instructions set out in any robots.txt file present on the Site; Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other generally available third-party web browsers (such as Google Chrome, Mozilla Firefox, Microsoft Explorer); Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
You and Advan are independent contractors.
If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then each provision not so
affected will remain in full force and effect.
You agree that the Parties must bring any legal proceeding with respect to or arising under this Agreement solely in the state courts of the State of New York for the County of New York or the United States District Court having jurisdiction over New York County, if such court has subject matter jurisdiction and that the laws of the State of New York shall govern this Agreement, without regarding to conflicts of laws principles; provided that, you also agree that, in the event of any claim by Advan for non-payment or any other collection claim against you, Advan may elect to bring the proceeding in any of the following jurisdictions, at Advan’s sole and complete discretion: (a) the state courts of the State of New York for the County of New York, (b) the state courts of the state governing your primary jurisdiction, or (c) the state courts of Delaware, and provided further
that in the event of (a), (b) or (c), the internal substantive laws of the state where the legal proceedings are brought shall govern such dispute, without regard to choice of law principles. The prevailing Party in any dispute hereunder shall be awarded its reasonable attorneys’ fees and costs arising from such dispute.
This Agreement may not be
modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of this
Agreement by its express terms.
You warrant that (a) you have all legal rights and permissions necessary to perform your obligations under this
Agreement, and (b) you shall comply with all applicable laws, rules, and regulations in your use of the Products and
Support Services supplied by Advan hereunder. You shall defend, indemnify and hold harmless Advan and its
Affiliates, and their respective officers, directors, employees, successors and assigns from and against all damages,
losses, costs and expenses resulting from any third party claim that arises out of or relates to a breach of the
foregoing warranties, or your use of the Products, provided that Advan promptly notifies you in writing of
any such claim.
you and us relating to your use of the Services and supersedes and replaces any prior agreement and communication
between you and us, except as otherwise set forth herein.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Advan in any respect whatsoever.
If you desire to receive Products that require the usage of a Customer-specified third party’s point of interest
data (“POIs”) then you shall procure the right for Advan to use such POIs for your ordered Products. If
you provide Advan with points of interest, with or without geofences (the “Customer POIs”), Advan shall include
the Customer POIs in its Products. In consideration, you hereby grant to Advan an irrevocable, non-exclusive,
royalty-free, fully paid up, perpetual, worldwide license, with the right to sublicense, use, reproduce, publish,
distribute, perform, and create derivative works from, the Customer POIs.
You hereby grant Advan a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable
right to use your user name, company name, company logo, and any comments you make publicly or privately for Advan’s
promotional purposes (such as on our Website, on third-party websites, and in marketing presentations, etc.).
This Agreement and any rights hereunder may not be transferred
or assigned by you, but you agree that we may assign this Agreement without restriction and without your prior
consent. Any attempted transfer or assignment by you without our prior written consent will be null and void.
failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or
option provided herein, or to require at any time the performance of the other of any of the provisions herein will not
in any way be construed as a waiver of such provisions. If any provision of this Agreement, including the Privacy
Policy, is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in
force. The section headings used herein are for convenience only and will not be given any legal import.
U.S. Government contracts: As defined in FAR section 2.101, any software related to the Services, and any associated documentation are
“commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer
software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section
12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software
or commercial software documentation by the U.S. Government will be governed solely by the terms of the Agreement
and will be prohibited except to the extent expressly permitted by the terms of the Agreement.
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct
product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce,
the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign
agency or authority.
10. Contact Us
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.