Last Updated: December 7th, 2022
These terms and conditions of use (“Terms”) govern the use of the website located at https://www.streetmetrics.com (the “Site”). The Site is a copyrighted work owned and provided by StreetMetrics, Inc. (“StreetMetrics”, “us”, “our”, and “we”).
By continuing to use the Site, you agree to these Terms, in their current form and as they may be amended by StreetMetrics in the future. If you do not accept these Terms, please discontinue your use of the Site.
StreetMetrics reserves the right to make changes or updates to, and monitor the use of, the site and content provided on or through the site at any time without notice.
Subject to these Terms, StreetMetrics grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use the Site will cease immediately.
We may modify, suspend, or discontinue the Site (in whole or in part) at any time with or without notice to you. We are not liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. We do not guarantee that the Site will always be available or be uninterrupted and reserve the right to suspend access to the Site without notice.
We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms, in which case your right to access and use the Site will terminate immediately. StreetMetrics will not have any liability whatsoever to you for any termination of your rights under these Terms.
We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software.
The communications between you and StreetMetrics use electronic means, whether you use the Site or send us emails, or whether StreetMetrics posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from StreetMetrics in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that StreetMetrics provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to StreetMetrics all rights in such Feedback and agree that StreetMetrics shall have the right to use and fully utilize such Feedback and related information in any manner deemed appropriate. StreetMetrics will treat any Feedback you provide to StreetMetrics as non-confidential and non-proprietary. Do not submit to StreetMetrics any information or ideas that you consider to be confidential or proprietary.
Information on the Site may reference or cross-reference StreetMetrics products, programs, or services that might not be available in your location. Such references do not imply that StreetMetrics plans to make such products, programs, or services available in your location. Please contact your local StreetMetrics representative for more information.
We take reasonable precautions to ensure that information published on the Site is accurate, but we do not guarantee its accuracy. You should take appropriate steps to verify information displayed on the Site before relying on it. Downloading material from the Site is done at your own risk and any materials provided via the Site are provided on an “as is” basis.
We are the owner of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright law. All rights are reserved. Nothing in these Terms operates to transfer, assign or grant any of those rights to you. You must not reproduce or use images, trademarks or names displayed on the Site other than for your personal use without written permission of the owner. You may not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.
You hereby release and forever discharge StreetMetrics (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any third-party links, applications & ads).
We assume no responsibility for the content of any websites, ads or services linked on our Site, or any websites from which you have accessed our Site. Such links should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from your use of them.
In no event shall StreetMetrics be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third party, whether in an action, contract, or tort, arising from your access to, or use of, the site or any content provided on or through the site.
You agree to indemnify and hold StreetMetrics, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against StreetMetrics by any third party due to or arising out of or in connection with your use of the Site.
These Terms of Service shall be governed and construed in accordance with U.S. federal law or laws of the State of Delaware. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Dover, Delaware. You and StreetMetrics agree to submit to the jurisdiction of, and agree that the venue is proper in these courts for any such legal action or proceeding.
Persons who are not of the age of majority are not eligible to use the Site, and we ask that no information in relation to such persons be submitted to us.
All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.