Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING REALCONNEX
This page states the terms of service (the “Terms”) under which you may use RealConnex, which is an interactive service operated by RealConnex LLC consisting of information services and content provided by RealConnex and other users in the commercial real estate industry (the “Service”). Your use of the Service indicates your acceptance of these Terms.
The Service is designed to provide a platform that matches professionals in commercial real estate and related fields to deals and to each other. You may create a profile and participate in the Service to post information about yourself, your firm or employer and projects, services, funds or products you provide related to the real estate industry and connect with other industry professionals. Your participation in the Service and your contribution, use and disclosure of materials through the Service is subject to these Terms. No other use of the Service is intended or allowed.
Rules and Responsibilities.
You may not contact other users through the Service, except for the purposes described above (Acceptable Use).
You may not respond to contacts by other users in any manner or for any purpose other than that which is solicited.
Communications that constitute advertising are prohibited.
You may not send (or encourage or help others to send) unsolicited commercial email to our users.
You may not delete or revise any material contributed by any other person or entity.
Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Service is prohibited.
You are strictly prohibited from the use of the Service for any purpose that violates any law applicable to you or the business you conduct through the Service, including, without limitation, fair competition and anti-trust laws, employment and anti-discrimination laws, anti-corruption laws, and securities regulations, such as laws prohibiting insider trading.
Any materials you submit to your profile, forums, discussion groups, etc. on the Service (your “Submissions”) may not contain: (i) URLs or links to web sites that compete with us; (ii) copyrighted material (unless you own the copyright or have the owner’s permission to submit the copyrighted material or otherwise have the right to submit it); (iii) trade secrets (unless you own them or have the owner’s permission to submit them or otherwise have the right to submit them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity.
You may not use your Submissions to: (i) impersonate another person, living or dead; (ii) disseminate false, inaccurate or misleading information; (iii) promote chain letters or pyramid schemes; or (iv) violate the law or encourage others to violate the law.
Materials from any third party charging a fee are not permitted.
We are under no obligation to monitor the materials submitted by users, but we may do so at our option. We may at any time take any action with regard to user materials that we deem in our sole discretion to be necessary or appropriate.
Users are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (A) accessing data not intended for such user or logging into a server or account that the user is not authorized to access; (B) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (C) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting materials including malicious software code, overloading, “flooding”, “mailbombing” or “crashing”; (D) sending unsolicited e-mail, including promotions and/or advertising of products or services; (E) forging any TCP/IP packet header or any part of the header information in any e-mail or Submission.
Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Your use of the Service is a privilege. You agree that you are solely responsible for your conduct and use of the Service, and any consequences resulting from your use of the Service.
We act as a service provider for users to publicize, among other things, opportunities in the commercial real estate industry, such as investments, financing or services provided (“Opportunities”). We do not undertake responsibility for screening or monitoring Opportunities. If you respond to any Opportunity or enter into any transaction or agreement with another user based on an Opportunity, you agree that you are solely responsible for the consequences of such transaction or agreement. We make no recommendation that you should participate in Opportunities, either generally or with regard to any particular Opportunity, and we make no representation that your participation in any Opportunity will be beneficial to you. You agree to perform your own due diligence on each Opportunity and the other parties involved, before entering into any agreement or transaction based on the Opportunity.
Although we endeavor to extend membership in the Service only to legitimate individual and companies, we do not perform any background verification on users. We assume no responsibility for the actions, conduct or omissions of our users. You agree to perform your own due diligence on any user with whom you decide to do business before entering into any agreement or transaction.
We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported. You may report inappropriate conduct to firstname.lastname@example.org. We are not required to make any such investigation, and we will not be liable to any user for taking or not taking any action.
Our Rights In Our Intellectual Property Reserved.
Except as expressly stated in these Terms and except for Submissions that users contribute, we reserve all our rights to all materials on the Service, including, without limitation, written content, graphical and design elements (including the Service’s “look and feel”), and service marks and trademarks. You may not sell, transfer or assign any products or services or your rights to any products or services provided by us to any third party without our express written authorization. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) the Service materials. You may not use (or encourage or help others to use) the Service for any purpose or in any manner that is prohibited by these Terms or by applicable law. You acknowledge and agree that these Terms in no way convey any right, title or interest to you, or alter your right, title or interest, in any materials on the Service, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.
We use commercially reasonable efforts to keep the Service available twenty-four hours a day, seven days a week, subject to scheduled downtime for maintenance purposes. We attempt to schedule downtime at times that minimize the impact to users. Due to causes outside of our control, including conditions on the Internet and the services of our and your Internet service providers, we can make no guarantees that any user will be able to access the Service at all times. We implement industry standard measures to protect against service failures, but we shall not be liable to you for inaccessibility of the Service due to causes outside of our control.
We make no representations or warranties whatsoever regarding the Service and any materials on the Service. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, THE SERVICE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Your use of the Service, the Internet, any materials you submit or access via our Service, and your conduct online or offline are at your own risk.
We are not liable for users’ behavior while using the Service or in the course of subsequent relationships between users (if any), including the in cases of fraud, misconduct, negligence, and any illegal behavior by a user.
Nothing in these Terms or placed on the Service by us shall be deemed legal, accounting, real estate, or securities advice.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Service. You are responsible to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content
Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Service (a “third-party site”). We may offer links to, or incorporate into the Service, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by independent retailers. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.
We do not endorse, and nothing on the Service shall be deemed to be an endorsement, representation or warranty of, any third party, whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials submitted by other users, including Opportunities posted by them.
Copyrights and Copyright Agent.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find content on our website that infringes upon your copyrights, you may submit a notification to us under the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent in writing the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address.
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent for notice of claims of copyright infringement is:
Akabas & Sproule
488 Madison Avenue, 11th Floor
New York, New York 10022
You shall indemnify and defend us, and our officers, employees and consultants against any costs, expenses (including reasonable attorneys’ fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Service, any Opportunities or Submissions contributed by you to the Service or provided to other users by you, including, but not limited to, any claim that your Submissions infringe the intellectual property rights of any person, violate securities or other laws, including laws against “insider trading,” or any violation of these Terms.
Limitation of Liability.
Neither we, nor any of our officers, directors, employees or agents, will be liable to you or to any other person for any indirect, consequential, punitive or special damages (“non-direct damages”), of any character, whether in an action in contract, tort or otherwise, arising out of or in connection with these Terms, even if we have been advised of the possibility of such damages.
The liability of us and any of our officers, directors, employees or agents to you or to any other person for direct damages shall be limited to the greater of US$100 or the fees paid by you for our services during the 12 months preceding the events that give rise to your first claim against us for damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for non-direct damages, the limitations in paragraph (a) above may not apply to you, but in such case, the limitations in paragraph (b) shall apply to both direct and non-direct damages.
Arbitration of Disputes.
You and we agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except either you or we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or to protect intellectual property (for example, trademark, trade secret, copyright, or patent rights) from infringement without first engaging in arbitration.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in New York, New York, or any other location to which you and we agree. The AAA rules will govern payment of all arbitration fees.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
In the case of a lawsuit for injunctive relief as described above or in event that the agreement to arbitrate is found not to apply to you or your claim, you and we irrevocably consent and agree that legal action, suit or proceeding against either you or us may be brought only in United States District Court for the Southern District of New York, or if such court does not have jurisdiction, in the courts of the State of New York located in New York County and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid courts in personam, with respect to any such action, suit or proceeding.
Each party waives to the fullest extent permitted by law any right to trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any rights or remedies arising under, relating to or in connection with these Terms.
Governing Law and Jurisdiction/Waiver of Jury Trial.
These Terms and any claim or dispute arising out of, relating to or in connection with these Terms or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflicts of law principles.
You shall send notices to us by mail or by email to our contact information listed below and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by recipient, if received as provided in this paragraph before 5pm on a business day in the recipient’s location. Notices received after 5pm or on a non-business day shall be deemed received on the next business day.
In any jurisdiction where any of these Terms cannot be enforced, including any rights in intellectual property, these Terms shall be construed in such jurisdiction in all respects as if such unenforceable provision were omitted. Also in such jurisdiction there shall be added automatically as a part of these Terms an enforceable provision that is as similar to such unenforceable provision as may be possible.
Effective: April 17, 2014