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