General Terms and Conditions
The submission of information to, and use of, the real estate & networking information services (collectively, the "Service") available through the CRE Collaborative Inc website (located at http://www.CRECollaborative.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and CRE Collaborative Inc, Inc. and its affiliates (collectively, "CRE Collaborative Inc" or the "Company"). You also agree to the CRE Collaborative Inc Listing Policy & Guidelines (the "Listing Policies") and Privacy Policy.
If you do not agree to these Terms and Conditions and to the Listing Policies and Privacy Policy, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: General Counsel, CRE Collaborative Inc, Inc., 572 White Plains Road Trumbull, Ct 06611. CRE Collaborative Inc may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the CRE Collaborative Inc website.
GENERAL PROVISIONS
Membership Privileges
Membership privileges are granted by CRE Collaborative Inc to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the CRE Collaborative Inc website without express written permission from CRE Collaborative Inc, and by registering for a membership, you represent and warrant that you are not a competitor of CRE Collaborative Inc or acting on behalf of a competitor of CRE Collaborative Inc in registering for and accessing the Service. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of CRE Collaborative Inc. By completing the registration process, Customer represents and warrants that the information provided is true, accurate, complete and current. CRE Collaborative Inc requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the CRE Collaborative Inc system. Members are not permitted to share their individual logon information with others. CRE Collaborative Inc has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the CRE Collaborative Inc website, or abuses their rights related to the CRE Collaborative Inc service. Upon registration, which is free, Customer becomes a Basic Member. A Basic Member may search the CRE Collaborative Inc opportunity listings Service, and will receive a subset of results of the available opportunities matching the Customer's designated search parameters. In order to view all the available results for a given search, the Customer must upgrade. A Basic Member may also list opportunities on the Service, but such Customer's listings will only be able to be fully accessed and viewed in the search results of Premium Searchers.
CRE Collaborative Inc utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant CRE Collaborative Inc the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes CRE Collaborative Inc determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. CRE Collaborative Inc will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will CRE Collaborative Inc have any liability for sending any email to its registered users/customers. By becoming a member of CRE Collaborative Inc, Inc., you acknowledge and agree that CRE Collaborative Inc, Inc., and its corporate affiliates, . companies, may record telephone and other electronic communications it has with you for CRE Collaborative Inc LLC company's internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Customer has had and shall have the opportunity to submit to CRE Collaborative Inc opportunity descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, contact or other information (collectively, the “Submitted Content”) for each listing in CRE Collaborative Inc. You represent and warrant that (a) you own or have the full right, power and authority to grant to CRE Collaborative Inc use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to CRE Collaborative Inc; (b) your license of such content to CRE Collaborative Inc hereunder does not, and the use or license of such content by CRE Collaborative Inc to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content. With respect to all Submitted Content you have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, CRE Collaborative Inc acknowledges that you retain any applicable ownership rights that you may have with respect to the Submitted Content. You nonetheless grant CRE Collaborative Inc and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that CRE Collaborative Inc may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by CRE Collaborative Inc and its affiliates, . companies). Customer agrees not to submit any Submitted Content to CRE Collaborative Inc unless the Customer has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the opportunity listing on the Customer's website or on CRE Collaborative Inc's website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the CRE Collaborative Inc website. Customers may only submit videos personally created by Customer or Customer's direct employees. Customers may not upload or otherwise submit videos created or produced by third party video tour providers. The Company may, in its sole discretion but without any obligation to search for such, remove opportunity listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted opportunity listings, Submitted Content or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active opportunity listings on the CRE Collaborative Inc website. Customer shall not use robot, spider or other automated service to submit listings on the CRE Collaborative Inc website. Additionally, the Customer agrees to allow submitted opportunity listing(s) and Submitted Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website, the CRE Collaborative Inc website and other CRE Collaborative Inc partner or affiliate websites. The Company shall have the sole authority to choose the manner in which any opportunity listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the CRE Collaborative Inc website and Company shall have the right to modify the opportunity listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all opportunities and associated information provided by the Customer, including Submitted Content, will be accurate; (b) agrees not to post a opportunity listing on the public CRE Collaborative Inc marketplace under a name other than the individually named agents that have been engaged by the opportunity owner to market the opportunity under the terms of a duly executed listing agreement with the owner (shared accounts, e.g. listings@abcrealty.com are prohibited); (c) agrees to administer the opportunities provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the opportunity listings posted on the Customer's website or on the CRE Collaborative Inc website. The Customer is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to CRE Collaborative Inc. CRE Collaborative Inc may add digital watermarks to certain parts of your opportunity listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. Customer agrees that CRE Collaborative Inc may adjust portions of the information contained within the Service (e.g., within opportunity listings). Any such adjustments will have no material impact on the meaning and interpretation of opportunity listings, but will serve as a means of uniquely identifying the opportunity listings as having been supplied to the Customer. Customer accepts that this is a legitimate and lawful security precaution on the part of CRE Collaborative Inc, and accepts further that in the event that any third party has access to opportunity listings that can be identified as having Customer's unique adjustments a prima facie breach of security and of these Terms of Use on the part of Customer may be assumed by CRE Collaborative Inc.
Use of Information
Customer agrees to treat all information obtained from the Service, including listings, member directory, historical information ("Opportunity Comps"), and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to CRE Collaborative Inc. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of CRE Collaborative Inc. CRE Collaborative Inc does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
Email addresses that Customer uploads to "My Network” are for Customer's use only; CRE Collaborative Inc agrees not to use Customer's "My Network”.
CRE Collaborative Inc Reports and other similar information, reports and services (individually and collectively "CRE Collaborative Inc Market Reports"), the Service, and any and all Content offered by CRE Collaborative Inc to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY CRE COLLABORATIVE INC, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Customer shall limit access to and use of CRE Collaborativeportal; listings, showcases, member directory, CRE Collaborative Inc Reports, Marketplace vendors, and add on Marketplace content. This information is for personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the CRE Collaborative Inc Service as part of any effort to compete with CRE Collaborative Inc, including without limitation using the CRE Collaborative Inc Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential CRE Collaborative Inc customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the CRE Collaborative Inc Service. Customer shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy CRE Collaborative Inc products, services or information; decompile, decode or reverse engineer CRE Collaborative Inc software; or use CRE Collaborative Inc products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Passwords/Logins
Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. CRE Collaborative Inc is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.
Nature of Customer's Business
If Customer or an Affiliate of Customer owns opportunities and intends to market them directly via the public/ private CRE Collaborative Inc marketplace, CRE Collaborative Inc Promote Tools, "My Network messaging", and or thru our marketplace partners such Customer represents to CRE Collaborative Inc that it either (a) markets, using its own facilities, more than 2/3 of those opportunities which it owns and controls, or (b) markets opportunities for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Payment Terms
Customer agrees to pay for all products ordered through the CRE Collaborative Inc website or via the CRE Collaborative Inc sales team using the payment method indicated, and provides CRE Collaborative Inc express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of CRE Collaborative Inc products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, CRE Collaborative Inc may immediately cease to provide any and all Deliverables to the customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At CRE Collaborative Inc's option, Customer shall pay such taxes or fees directly or pay to CRE Collaborative Inc any such taxes or fees immediately upon invoicing by CRE Collaborative Inc. CRE Collaborative Inc is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. To view your billing information, visit “My Account”. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. No partial month refunds will be provided.
Monthly subscriptions will automatically renew using the Customer's current credit card account number unless Customer or CRE Collaborative Inc cancels their subscription three (30) days prior to the renewal date. Customer cancellations shall be placed on the CRE Collaborative Inc Website at http://www.CRE Collaborative Inc.com. All other subscriptions, including quarterly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or CRE Collaborative Inc provides thirty (30) days' advance written notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with CRE Collaborative Inc.
If Customer has a question about a cancellation, Customer should contact CRE Collaborative Inc Client Services at ceo-desk@crecollaborative.com or at 203-414-0294. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab within the "My CRE Collaborative Inc" section, once Customer has logged into www.CRE Collaborative Inc.com. CRE Collaborative Inc does not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify CRE Collaborative Inc about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to CRE Collaborative Inc's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
Premium Subscriptions
CRE Collaborative Inc offers Premium Subscription Services. Each service has it’s own terms of use and can be accessed at www.CRE Collaborative Inc.com/servicetermsofuse. Premium Subscription privileges are granted by CRE Collaborative Inc to individuals exclusively and extend solely to the subscribing Premium User. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium User. Moreover, a Premium User may not use a Premium Subscription for the benefit of any other broker, appraiser, researcher, analyst, sales person or similar commercial real estate professional, including without limitation those working for the same company or at the same place of business. For example, a Premium User is prohibited from using Premium Services to search for available opportunities on behalf of, or for the benefit of, other parties or commercial real estate professionals working for the same company or at the same office. A Premium User is similarly prohibited from using another Users Account to list opportunities on behalf of, or for the benefit of, other parties or commercial real estate professionals working for the same company or at the same office. Such user of a subscription is permitted to list solely those listings for which he or she is responsible for. Premium Subscription privileges are subject to change from time to time and may be subject to opportunity listing, opportunity searching, and member directory searching limitations. Under Premium Subscription, User, Site are available for purchase online; Association and JV Partnership Subscriptions are available for purchase by calling (203)-556-0760. Any listing on which the Primary Contact is a “Sponsor” and is within Plan will receive Premium exposure. Customer acknowledges that CRE Collaborative Inc (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. CRE Collaborative Inc also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer's listing or searching activity on CRE Collaborative Inc.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the CRE Collaborative Inc Website at http://www.CRE Collaborative Inc.com/ProductCancellations prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
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Targeted Advertising
Campaigns are available for purchase by registered members for member advertising (Premium status not required) by contacting CRE Collaborative Inc Advertising Sales at 203-307-2242) Once active, the campaign will appear on CRE Collaborative Inc.com platform, CRE Collaborative Inc.com mobile and IOS apps. Searchers who click the advertisement will be directed to the website of customers choosing. . Leads will be available for each campaign by clicking the 'Leads' link, accessible via 'My Ads' under 'My Account'. Pricing for each campaign will be determined by CRE Collaborative Inc based on users threshold levels outlined in “Charter Sponsor Agreement” if advertiser desires for a given set of campaign targeting options, including opportunity type, search type (Needs Search), and location (zip code and/or submarkets). Client acknowledges that the average views per month on CRE Collaborative Inc.com varies, therefore the number of views for a campaign will vary month to month. Campaigns are sold on a quarterly, six month, or annual commitment, billed to a credit card on a monthly billing frequency. All campaigns auto-renew for additional terms, equal to initial term, if price remains within ten percent (10%) of original campaign purchase price. If at renewal, market demand has increased the campaign price more than ten percent (10%), client will be notified via email that the campaign has expired and client will need to authorize campaign continuation at current market price. At any time, client may request to cancel the campaign by calling CRE Collaborative Inc Advertising Sales at (203)-307-2242. Cancellation requests must be submitted three (3) days prior to the last day of the current campaign to effectively cancel the campaign at the end of term and avoid renewal. All cancellations are effective at end of the initial or renewal term and monthly billing will continue for the full commitment 30 day cancellation with written notice. There are five status phases to an advertising campaign:
Draft Phase - The campaign is reserved but the creative is not live. Billing commences at this time and continues until the campaign is canceled at the end of any campaign term.
Active Phase - Ad is published by Client
Paused Phase - Advertisement is paused by Client after Client contacts a CRE Collaborative Inc Advertising Representative. Monthly billing continues for full commitment period, with no refund or additional impressions due, for reserved inventory that in the Paused Phase.
Suspended Phase - Client suspends advertisement so it is not live on CRE Collaborative Inc, but billing for full commitment period will continue with no refund due.
Expired Phase - Campaign is complete and client has validly submitted a cancellation request to be effective at the end of the initial or any renewal term. At this time, the advertisement is not active, and monthly billing has stopped.
An advertisement creative can be updated online or by calling CRE Collaborative Inc Advertisement Representative, and may take up to 24 hours to appear on CRE Collaborative Inc.com. Any update or change to the ad once campaign has begun will require a new advertisement campaign for such updated ad. All previous campaigns will continue until valid cancellation notice is submitted and the campaign ends at the end of the term.
Single Term Purchases
Customer acknowledges that fees paid for each and every single term purchase item including Promote Properties, Network Placement, Postings, Blog, Banner purchases are specific to that purchase item, are non-refundable, and may not be applied to another single term purchase item or subscription purchase.
Unsolicited Commercial Email (Spam)
CRE Collaborative Inc prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the CRM & Messaging System that CRE Collaborative Inc offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Marketplace, Customer agrees to send email only to those who have given Customer consent or with whom Customer has an established business relationship. CRE Collaborative Inc has the right to revoke the privileges of any customer or company that breaches these terms.
Termination
CRE Collaborative Inc reserves the right to terminate or suspend a Customer's membership upon a good faith determination of a violation of this Agreement or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of CRE Collaborative Inc services, nonpayment of fees owed by you in connection with CRE Collaborative Inc or its affiliates' services, account inactivity or technical or security issues. Upon termination, CRE Collaborative Inc shall have no obligation to maintain or forward any content in your account. If Customer has a separate, written agreement with CRE Collaborative Inc in which the Premium Subscription or Premium Services portion of such agreement is designated to last more than one (1) calendar year, notwithstanding anything to the contrary in these Terms and Conditions, Customer may, on a one-time basis for no or any cause and without payment or penalty and upon written notice to CRE Collaborative Inc, terminate the Premium Subscription or Premium Service portion of such written agreement effective one year from the date CRE Collaborative Inc receives such written notice, provided that such one-time termination right shall expire upon Licensee's exercise of its termination right under this provision.
Ownership and License Grant
CRE Collaborative Inc retains all rights (including Intellectual Opportunity Rights as defined below), title and interest in the CRE Collaborative Inc Website, technology and brochures, Email, database, CRM technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of CRE Collaborative Inc's technology or delete or alter author attributes or copyright notices. Customer shall use the CRE Collaborative Inc system solely for their own individual use and shall not share passwords with others or allow others to use the CRE Collaborative Inc system under or through that Customer's login ID/email and password; nor shall Customer use the CRE Collaborative Inc system to list opportunities or conduct searches on behalf of other non-customer brokerage, research, analyst, sales or other similar personnel.
Intellectual Opportunity Rights means all intellectual opportunity rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible opportunity; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL CRE COLLABORATIVE INC BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF CRE COLLABORATIVE INC'S SERVICES, PRIVATE LISTING FUNCTIONALITY OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and CRE Collaborative Inc's entire liability under this Agreement shall be a refund to Customer of the fees paid to CRE Collaborative Inc hereunder, and in no event will CRE Collaborative Inc's liability for any reason exceed such fee. CRE Collaborative Inc (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify CRE Collaborative Inc (and CRE Collaborative Inc's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
Warranty Disclaimers
THE LISTINGS, SERVICE, OPPORTUNITY COMPS INFORMATION, OPPORTUNITY FACTS INFORMATION, PRO TOOLS AND CRE COLLABORATIVE INC MARKETPLACE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CRE COLLABORATIVE INC MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, PROPERTY INFORMATION, OPPORTUNITY FACTS INFORMATION, OR CRE COLLABORATIVE INC MARKET DASHBOARD, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND CRE COLLABORATIVE INC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. CRE COLLABORATIVE INC MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO CRE COLLABORATIVE INC'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM CRE COLLABORATIVE INC'S WEBSITE , INCLUDING LISTINGS, SERVICE, OPPORTUNITY COMPS INFORMATION, OPPORTUNITY FACTS INFORMATION, CRE COLLABORATIVE INC MARKETPLACE IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CRE COLLABORATIVE INC OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Links to Third Party Sites
This website may contain hyperlinks to other websites operated by parties other than CRE Collaborative Inc, Inc. and its subsidiaries which are beyond CRE Collaborative Inc's control. Parties other than CRE Collaborative Inc may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use CRE Collaborative Inc's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the CRE Collaborative Inc site. CRE Collaborative Inc does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. CRE Collaborative Inc does not assume any liability for the actions, product, and content of all of these and any other third parties. CRE Collaborative Inc makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves the CRE Collaborative Inc site, the site you will land on is not controlled by CRE Collaborative Inc and different terms of use and privacy statements may apply. CRE Collaborative Inc also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Other Rights of CRE Collaborative Inc, Inc.
Customer agrees that CRE Collaborative Inc shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by CRE Collaborative Inc customers and partners. CRE Collaborative Inc shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. CRE Collaborative Inc shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. CRE Collaborative Inc reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on CRE Collaborative Inc's corporate website, located at http://www.CRE Collaborative Inc.com/termsofuse
Copyright Complaints
If you believe that your work has been copied onto CRE Collaborative Inc in a way that constitutes copyright infringement, please provide CRE Collaborative Inc's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying CRE Collaborative Inc that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on CRE Collaborative Inc, with identifying information for the listing, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Address for CRE Collaborative Inc's copyright agent:
572 White Plains Road
Trumbull, CT 06611
Attn: Copyright Infringement
Phone: (203) 307-2242
Email: support@CRECollaborative.com
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
Brokers and Agents
Any Customer who identifies himself or herself as a broker or agent on the CRE Collaborative Inc website member registration form or otherwise purports to be a broker on CRE Collaborative Inc's service hereby represents and warrants that Customer is validly licensed as needed and is in compliance with applicable licensing requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed agent. CRE Collaborative Inc does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any person listed on the CRE Collaborative Inc website.
Governing Law; Customer Right to Arbitrate
This Agreement, and the Deliverables provided by CRE Collaborative Inc, shall be governed by the laws of the State of Delaware, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of San Francisco County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Should CRE Collaborative Inc file or threaten to file a judicial action against Customer alleging violation of CRE Collaborative Inc's intellectual opportunity rights or violation of use provisions of this Agreement, Customer may elect to resolve CRE Collaborative Inc's claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in San Francisco County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of CRE Collaborative Inc's filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent CRE Collaborative Inc from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
Should CRE Collaborative Inc file or threaten to file a judicial action against Customer alleging violation of CRE Collaborative Inc's intellectual opportunity rights or violation of use provisions of this Agreement as they pertain to Premium Subscriptions or Premium Services products, Customer may elect to resolve CRE Collaborative Inc's claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in San Francisco County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of CRE Collaborative Inc's filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent CRE Collaborative Inc from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of CRE Collaborative Inc, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of CRE Collaborative Inc to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at CRE Collaborative Inc.
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement unless otherwise noted.
Exception: ________________________________________________________________
Any Disclaimer or Obligatory - Fund, Syndication, SEC Complaince Addendums to be attached.
Third Party Beneficiaries
Dun & Bradstreet is an intended third party beneficiary under the immediately preceding Indemnification and Limitation on Liability Sections of this Agreement and is entitled to all rights and benefits under and may enforce and obtain all remedies under law or in equity for breaches of these Sections. Except for Dun & Bradstreet, Customer and CRE Collaborative Inc agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
Last Updated: November 7th 2018