Terms of Use

Intellectual Property Rights

Licensee agrees and acknowledges that New Harbor is the sole and exclusive owner of all aspects of Compass and the Report, including intellectual property, trade secrets, know-how, source code, databases, functionality, software, and graphics on Compass, and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by New Harbor. Except as expressly provided in this Agreement, no part of Compass and no Report can be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.

Licensee shall not, directly or indirectly: (i) systematically retrieve data or other content from Compass to create or compile, a collection, compilation, database, or directory; (ii) circumvent, disable, or otherwise interfere with security-related features of Compass, including features that prevent or restrict the use or copying of Compass or any Report; (iii) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Compass, or attempt to derive or discover any source code, algorithms, or other proprietary information contained in Compass or the Report; or (iv) use Compass or a Report as part of any effort to compete with New Harbor or Compass or otherwise use Compass and/or the Report for any revenue-generating endeavor or commercial enterprise.

Licensee Representations

By using Compass, Licensee represents and warrants that: (1) all registration information Licensee submits will be true, accurate, current, and complete; (2) Licensee will maintain the accuracy of such information and promptly update such registration information as necessary; (3) Licensee has the legal capacity and Licensee agrees to comply with this Agreement Terms of Use; (4) Licensee will not access Compass through automated or non-human means, whether through a bot, script, or otherwise; and (5) Licensee's use of Compass will not violate any applicable law or regulation.

If Licensee provides any information that is untrue, inaccurate, not current, or incomplete, New Harbor has the right to suspend or terminate Licensee's account and refuse any and all current or future use of Compass (or any portion thereof).

Licensee/User Registration

A State/National Licensee grants an entire organization access to Compass's web-application. The Licensee's point of contact shall provide a list with email addresses of all users ("Users") within their organization that desire web-access to Compass. Licensee/User agrees to keep any passwords confidential, and Licensee/User will be responsible for all use of its account and password. Licensee/User agrees to receive marketing and informational emails regarding Compass.

Nature of Reports

Licensee acknowledges and accepts, for itself, its affiliates, agents and anyone to whom it discloses the Report, that Compass, the Report, and any other information New Harbor may provide to you is for informational purposes only, and you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained in Compass or the Report constitutes a solicitation, recommendation, endorsement, or offer by us or any third party service provider to buy or sell any real estate or any other property, goods, services, securities or other financial instruments.

All content on or accessible through Compass or the Report is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in Compass or the Report constitutes professional and/or financial advice, nor does any information in Compass or the Report constitute a comprehensive or complete statement of the relevant matters or the law relating thereto. Licensee alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on or accessible through Compass or the Report before making any decisions based on such information.

In exchange for using Compass or the Report, you agree not to hold us, our affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other content made available to you on or through Compass or the Report. There are risks associated with investing in real estate, including the risk of loss. Loss of principal is possible. No information in Compass or the Report is a guarantee or predictor of future investment performance.

By using Compass, you acknowledge and accept that actual QCT, DDA and/or Income Limits may differ from those presented in Compass due to limited publicly available data and/or changes in HUD processes.

New Harbor shall not be liable for any errors, omissions, or inaccuracies in the Report, and Licensee shall use the Report at its own risk.

Warranty and Disclaimer

Each Party represents and warrants that it has the legal power to enter into this Agreement.

EXCEPT AS EXPRESSLY PROVIDED HEREIN COMPASS AND THE REPORT ARE PROVIDED "AS IS" AND NEW HARBOR HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. NEW HARBOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEW HARBOR MAKES NO WARRANTY OF ANY KIND THAT COMPASS AND THE REPORT, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET ASSOCIATION'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SYSTEM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Indemnification

You agree to indemnify and hold New Harbor, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, third party or otherwise, related to use of Compass and the Report, breach of this Agreement, any breach of your representations and warranties set forth in this Agreement, and/or your violation of the rights of a third party, including but not limited to intellectual property rights.

In no event will we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of Compass or the Contents/Projections.

Limitation of Liability

IN NO EVENT WILL NEW HARBOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER NEW HARBOR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL NEW HARBOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNT PAID BY YOU TO NEW HARBOR FOR ACCESS TO COMPASS.

Contact Information

If you have any questions about these Terms of Use, please contact us at:

New Harbor Analytics, LLC
Email: jon@newharbordev.com