Terms of Use

This website contains information from a variety of public and proprietary sources. The owners of TheDownturnAnalyst.com website and domain (“TDA”) have relied on the information provided to it from such sources. TDA does not warrant or guarantee the completeness, accuracy, timeliness, or authenticity of such information in preparing this report. The information shown, attached or contained in the Site is believed accurate but is not warranted or guaranteed, and is subject to errors, omissions and changes without notice and should be independently verified. The information and methodology used to compile this report, and the analysis and services intended to be provided by this report, are provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Neither this site, nor any material contained or referenced herein, is intended to make business, financial or other predictions or representations. TheDownturnAnalyst.com is not liable for any action or inaction of the Site’s users based upon information found in or accessed through the Site. TheDownturnAnalyst.com assumes no liability or responsibility for any errors or omissions in the content of the Site.

The Site may provide links to Web sites and access to content, products and services from third parties, including but not limited to vendors, other real estate entities, users, advertisers, affiliates and sponsors of the Site. You agree that TheDownturnAnalyst.com is not responsible for the availability of, and content provided on, any third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that TheDownturnAnalyst.com is not responsible for third party content accessible through the Site, including but not limited to opinions, advice, projections, estimates, statements and advertisements, and understand that you bear all risks associated with the use of such content. You agree that TheDownturnAnalyst.com is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

You are urged to independently research the accuracy of any information provided by TheDownturnAnalyst.com or from any third party contained in or accessible through the Site. The use of materials not owned by TheDownturnAnalyst.com displayed on the Site may infringe third party rights and it is the responsibility of the user to verify if use is allowed.

TheDownturnAnalyst.com does not want to receive confidential or proprietary information from you through our web site. Except for personally identifiable information as set forth in our Privacy Policy below, any information or material sent to TheDownturnAnalyst.com will be deemed NOT to be confidential. By sending any information or material to TheDownturnAnalyst.com, you grant TheDownturnAnalyst.com an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that TheDownturnAnalyst.com is free to use any ideas, concepts, know-how or techniques that you send for any purpose.

The information contained herein is for informational purposes, and is not legal advice or a substitute for legal counsel. The information contained herein may or may not reflect the most current legal developments; accordingly, information on this website is not promised or guaranteed to be correct or complete, and should not be considered an indication of future results.

In no event shall TDA be liable for any direct, indirect, special, punitive, consequential or similar damages, whether arising out of contract, tort or otherwise, arising out of this report and the information contained herein, or for any decision made or action taken or not taken in reliance on this report and the information contained herein, even if TDA has been advised of the possibility that such damages may arise. TDA expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this report.

TheDownturnAnalyst.com is concerned about your privacy and has developed this policy to address privacy concerns. TheDownturnAnalyst.com will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

If you send TheDownturnAnalyst.com personal correspondence, such as e-mails or letters, we may keep a record of that correspondence. We may also periodically ask users for feedback that we use to improve our service and products. If you respond to these requests, we may keep a record of your response.

TheDownturnAnalyst.com may share, on a confidential basis, any or all information gathered from you with potential acquisition (of the company or its assets) or merger partners, strategic partners, equity investors, lenders, partners, , agents, affiliates and contractors, third parties providing services to TheDownturnAnalyst.com and/or other companies with whom TheDownturnAnalyst.com may integrate its business operations. Should TheDownturnAnalyst.com enter into a merger or be acquired, or enter into a strategic partnership or other such third party relationship, the third party will have access to and the ability to use all information gathered from you under the same limitations and protections set forth in the Terms of Use.

You may be able to access or connect with third parties on the Site. We are not responsible for your relationship with any third party accessed through the Site, nor how that third party collects or uses your information.

TheDownturnAnalyst.com’ failure to enforce any right under the Terms of Use will not waive that right. If any provision of the Terms of Use is invalid, the Terms of Use should be interpreted such that the remaining provisions will stay in effect and to as closely approximate the provision as permitted by law. You must file any claim or suit related to the Site or your use of any product or service, within one year after the claim arises. All matters relating to your use of the Site and any product or service shall be governed by California law, or if superseded, by U.S. federal law, without regard to the conflict of law rules. Any legal action relating to your use of the Site or any product or service shall be instituted in a state or federal court in San Francisco County, California, with the prevailing party entitled to reasonable attorneys’ fees and costs. You and TheDownturnAnalyst.com agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action. By agreeing to these Terms of Use, you are representing to us that you as an individual have the authority to bind the business by which you are employed to these Terms of Use.

You acknowledge that any violation of this Terms of Use shall cause irreparable injury to TheDownturnAnalyst.com, which damage may be difficult to calculate, and shall entitle TheDownturnAnalyst.com to extraordinary and equitable relief, including but not limited to temporary restraining orders and preliminary and permanent injunctions, waiving (where you are permitted to do so) any requirement for the posting of a bond or security.

Entire contents copyright 2008-9 by the owners of TheDownturnAnalyst.com website and domain. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or data of TDA or their affiliates is prohibited without prior written permission. Additional information may be available upon request to customer.service@thedownturnanalyst.com.