login    sign up
Main Properties News Organizations People Videos Events
cremunity
   

Messages

 

Terms and Conditions

Date of Last Revision: June 15th, 2009

Welcome to the Commercial Real Estate Community (cremunity.com), a website that provides tools and services for the commercial real estate and related industries. The Commercial Real Estate Community service and network (collectively, "Cremunity" or "the Service") are operated by Paramundi, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web sites at cremunity.com, cremunity.tv or crenewswire.com (the "Sites") or by integrating any one of our services on your site, you (the "User") signify that you have read, understood and agree to be bound by these Terms and Conditions ("Terms of Use" or "Agreement"), whether or not you are a registered member of the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to the Terms and Conditions on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Sites after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Sites to determine if there have been changes to these Terms and Conditions and to review such changes.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.



Terms of Use

Eligibility

Membership in the Service is void where prohibited. This Site is intended solely for users who are associated with the commercial real estate or related industries. Any registration to the Sites by anyone outside the commercial real estate or related industries may be deemed unauthorized, unlicensed and in violation of these Terms of Use (at Company's discretion). By using the Service or the Sites, you represent and warrant that you are 18 or older and affiliated with the commercial real estate or related industries, and that you agree to abide by all of the terms and conditions of this Agreement.

Registration Data - Account Security

In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

User Conduct

You understand that except for advertising programs offered by us on the Sites, the Service and the Sites are available for your personal and commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Sites to:

  • harvest or collect email addresses or other contact information of other users from the Service or the Sites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
  • use the Service or the Sites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites
  • use automated scripts to collect information from or otherwise interact with the Service or the Sites
  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable
  • upload, post, transmit, share, store or otherwise make available any videos other than those created by or for you or your organization to which you have full rights to use, distribute, promote, and any other uses we may deem applicable
  • register for more than one Personal account, register for a Personal account on behalf of an individual other than yourself, or register for an Organization account on behalf of any group or entity you are not authorized to represent
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "spam," "chain letters," "junk mail," "pyramid schemes," or any other form of solicitation
  • upload, post, transmit, share, store or otherwise make publicly available on the Sites any private information of any third party
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • intimidate or harass another
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
  • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Sites
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose Company or its users to any harm or liability of any type



Privacy Policy

We care about the privacy of our users. By using the Sites or the Service, you are consenting to have your personal data transferred to and processed in the United States.

This Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using Cremunity, located at www.cremunity.com and its directly associated domains (collectively, "Cremunity" or Sites)

By using or accessing Cremunity, you are accepting the practices described in this Privacy Policy.

The Information We Collect

When you register for a Cremunity account you provide us with information (such as personal, company, services and products). You knowingly choose to disclose that information and it is collected by us for the purposes of interacting within our Web Sites.

When you enter Cremunity, we collect your browser type and IP address. This information is gathered for all Cremunity visitors. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to Cremunity. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.

When you use Cremunity, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, add listings, set up events, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features.

You post User Content (as defined in the Cremunity Terms and Conditions) on the Sites at your own risk. We cannot control the actions of other Users. Therefore, we cannot and do not guarantee that User Content you post on the Sites will not be viewed by unauthorized persons. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.

Any improper collection or misuse of information provided on Cremunity is a violation of the Cremunity Terms and Conditions.

Cremunity may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of the Cremunity service through the operation of the service (e.g., photo tags) in order to provide you with more useful information and a more personalized experience.

By using Cremunity, you are consenting to have your personal data transferred to and processed in the United States.

Use of Information Obtained by the Sites

When you register with Cremunity, you create your own profile. Your profile information, as well as your name, email and photo, organization info and other information are displayed to other people. We may occasionally use your name and email address to send you notifications regarding new services offered by Cremunity that we think you may find valuable.

Profile information is used by Cremunity primarily to be presented back to and edited by you when you access the service and to be presented to others permitted to view that information.

Profile information you submit to Cremunity will be publicly available on the Sites.

Cremunity may send you service-related announcements from time to time through the general operation of the service. For instance, if one of your followers sends you a new message, or someone posts a message on your profile page, you may receive a periodic email alerting you to that fact.

Generally, you may opt out of such emails from your profile settings page, though Cremunity reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.

Cremunity may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as personalizing advertisements and promotions so that we can provide you with better user experience.

Sharing Your Information with Third Parties

When you use Cremunity, certain information you post, such as personal information, comments, messages, photos, videos, listings, blogs or other information, maybe shared only with our partner organizations. It will not be shared or sold to other unrelated third parties.

Links

Cremunity may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by Cremunity.

Micelleaneous

Your use of Cremunity, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms and Conditions and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our Terms and Conditions at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page the policy's new effective date. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.



Terms of Sale

By ordering products or services from Company through the Sites, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.

Making Purchases

  • When you confirm a transaction on the Sites, you agree to be bound by and pay for that transaction.
  • Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.
  • Don't commit to a transaction unless you are ready to pay, because all sales are final.
  • If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
  • Even though we use terms like "purchase," "buy," "sell," and "order" to talk about transactions related to credits, we don't transfer an ownership interest in those items. For example, the online content we make available through the Sites are licensed to you, not sold.

WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE SITES.

Payment Sources

We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards, debit cards, checks, online payment gateways (such as Paypal, etc.).

When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information.

When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.

If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.

If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

Actions We May Take

As part of our effort to keep Cremunity safe, we may take certain actions to reduce liability for users and us.

  • We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
  • We may cancel any transaction if we believe the transaction violates these Terms of Sale, or we believe doing so may prevent financial loss.
  • We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.
  • We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
  • We may cancel any credits transferred, assigned, or sold in violation of these Terms of Sale.
  • If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.

Disputes and Reversals

If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.

To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.

You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.

If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.

We may intervene in disputes between users concerning payments but have no obligation to do so.

Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.

Special Provisions Applicable to Advertisers

When you purchase advertising on or through the Sites, you agree to pay all amounts specified in the order, along with any applicable taxes.

You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.

You can cancel an advertising order at any time through our online portal, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads.

It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.

The Terms of Sale in place at the time you confirm a transaction will govern that transaction.



Notices and Revisions

Disclaimers

The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Sites or in connection with the Service, whether posted or caused by users of the Site, by Cremunity, by third parties or by any of the equipment or programming associated with or utilized in the Sites or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Sites and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Sites or Service.

The Sites and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Sites or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Sites or the Service or transmitted to Users, or any interactions between users of the Sites, whether online or offline.

THE SITES, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITES CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITES AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITES OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all content, software and other items used or contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITES OR THE SERVICE, ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

The Company may terminate your membership, delete your account and any content or information that you have posted on the Sites and/or prohibit you from using or accessing the Service or the Sites (or any portion, aspect or feature of the Service or the Sites) for any reason, or no reason, at any time in its sole discretion, with or without notice. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

Governing Law - Venue and Jurisdiction

By visiting or using the Sites and/or the Service, you agree that the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Massachusetts.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Sites, your use of the Service or the Sites, your conduct in connection with the Service or the Sites or with other users of the Service or the Sites, or any violation of this Agreement or of any law or the rights of any third party.

Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas or other information about the Sites or the Service ("Feedback"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Other

These Terms and Conditions constitute the entire agreement between you and Company regarding the use of the Sites and/or the Service, superseding any prior agreements between you and Company relating to your use of the Sites or the Service. The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Contacting the Web Site

If you have questions about any part of the Terms and Conditions, please contact us.