Marketing Center Terms and Conditions

These Marketing Center Terms and Conditions (“Terms”) apply to any individual or entity who uses the Marketing Center to list a property for lease or sale on www.CoStar.com, www.LoopNet.com or related CoStar Realty Information, Inc., and its affiliates (collectively “CoStar”), sites (collectively, the “Site”). These Terms are in addition the CoStar Terms of Use (provided on the CoStar main website) which together form a legally binding contract between you and CoStar.

By using the Marketing Center to advertise on the Site, you represent and warrant that: (a) the listing is eligible to be listed using the Marketing Center, meaning the listing is a commercial property and is for sale or lease; (b) you own or have the right to advertise the property you are listing; (c) you have the right to sell or lease the advertised property; (d) you are willing to sell or lease the advertised property at the price and on any other terms specified in your listing; (e) unless the listing contains a multi-unit condo or multi-lot land, you will not advertise more than one property in a single listing in the Marketing Center, either by including descriptions of multiple units in one listing or by subsequently updating the listing information to advertise different properties or units; (f) you shall not advertise a duplicate listing (e.g., the same physical property listed under more than one Listing ID) on the Site, unless the duplicate listing is listed by a new broker, in which case CoStar may remove the older duplicate listing; (g) you shall update your listing with any changes in the Marketing Center no less frequently than 30 days ; (h) upon leasing or otherwise taking your property off the market, you will promptly delete the listing for that property; (i) you will not use Marketing Center to advertise or promote anything, including, without limitation, any product, service or business, other than the unique property offered for lease or sale; (j) you will not use the Marketing Center or the Site for any fraudulent, false, misleading or deceptive activity; (k) you are solely responsible for any and all listings you add using the Marketing Center, and all ads, photos, descriptions, data, or other information (“Content”) you submit to the Site; (l) all Content that you provide to CoStar and everything in your listing, including without limitation, any photos or text description, is non-infringing of a third party’s intellectual property rights, truthful, accurate and complete and comply with all local, state and federal laws and regulations, including without limitation, fair housing laws; (m) you have all the rights necessary to post your listings using the Marketing Center, including, without limitation, all content, photos, data, text, and other Materials contained therein, on the Site; and (n) photos you upload to the Marketing Center will only show the property listed for sale or lease or the surrounding amenities or area, and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the property. CoStar reserves the right, in its sole discretion, to remove any listing or Content from the Marketing Center, without notice and without liability, that does not meet the requirements of these Terms, the Site’s Terms of Use, CoStar’s policies, or if CoStar otherwise determines or believes, in its sole and exclusive discretion, is inappropriate for any legal, business, technical or other reason. CoStar prohibits the listing of a single property more than once on the website at the same time.

LICENSES

By submitting a listing via the Marketing Center, you grant to CoStar, its affiliates, and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that you submit. The permission you grant CoStar includes express permission for CoStar to use and display the listing and Content, or any modification thereof, in the Site and CoStar affiliated or partner products and sites In accordance with these Terms, CoStar grants you a limited, non-exclusive, non-sublicenseable, fully paid, revocable license to use solely within your listing any CoStar data, photos, descriptions or other information CoStar may provide to you to enrich your listing through the only the Marketing Center.

LIQUIDATED DAMAGES

Violations of these Terms harm the integrity, functionality, and reputation of CoStar; detract from users’ and our customers’ trust in and use of the Site; and damage the business CoStar. Accordingly, you acknowledge and agree that CoStar incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Terms. You agree that it is fair and reasonable for CoStar, as its option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by CoStar for each such violation you commit and to seek and obtain injunctive relief to prevent future violations. You agree that monetary damages alone would not provide a sufficient remedy to CoStar for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that CoStar post a bond. You agree specifically that the availability of liquidated damages does not impact CoStar’s right to obtain injunctive relief. You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative.

$50,000 Per Listing

You agree to pay $50,000 per advertisement on the Site that contains false or fraudulent content (including but not limited to false or misleading property location, descriptions, photos, or contact information.)

GENERAL LIMITATIONS

In most cases, listings added using the Marketing Center will appear on the Site within 24 hours of submission. COSTAR DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE MARKETING CENTER, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL OR LEASE YOUR PROPERTY, OBTAIN AN ACCEPTABLE SALE PRICE OR RENT FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS OR LESSEES, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR SALE OR LEASE. CoStar reserves the right to, but is under no obligation to and does not assume any obligation to, review listings added using the Marketing Center before and/or after they are posted to the Site to confirm information relating to the advertiser and the advertised property and to investigate complaints and suspicious activity. If CoStar determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that your listing violates any laws or guidelines, CoStar reserves the right to reject or immediately remove your listing from the Site without notice and without liability, as described above.

MISCELLANEOUS

These Terms may be modified at any time and such modifications shall take effect upon the posting of the modified Terms in the Marketing Center. Your continued use of the Marketing Center or the Site after the posting of any modified Terms shall constitute your agreement to be bound by any such changes. CoStar may modify, suspend, discontinue or restrict the use of any portion of the Marketing Center or the Site without notice or liability. These Terms will be governed by and construed in accordance with the laws of the District of Columbia without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Marketing Center or the Site must be exclusively filed in the federal or state courts located in District of Columbia, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in District of Columbia, and waive any objection based on forum non conveniens. If you submit a listing through www.costar.co.uk, these Terms shall be governed and construed in accordance with English law and subject to exclusive jurisdiction of the courts of England and Wales. As a condition of using the Marketing Center and the Site, you agree that all causes of action arising out of, or connected with the Marketing Center or the Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms will continue in full force and effect. Failure by CoStar to enforce any provision of the Terms will not be deemed a waiver of future enforcement of that or any other provision of the Terms. Nothing herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE MARKETING CENTER AND MUST EXIT THE SERVICE IMMEDIATELY.

© 2019 CoStar Realty Information, Inc., 1331 L Street, NW, Washington, DC 20005.

Last updated: September 20, 2019