Effective Date: 5/11/15
RealAdvisr is owned and operated by RealAdvisr, Inc. (hereinafter “RealAdvisr,” “we” or “us”) and provides this website (the “Website”) and the data, information, tools, updates and similar materials delivered or provided by RealAdvisr (the “Services”) subject to your agreement to and compliance with the conditions set forth in this Terms of Service Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Website and the Services, and the use by the entity on whose behalf you sign up. If you do not agree to these terms and conditions, you may not use the Website or the Services.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, RealAdvisr hereby grants you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Website and Services and the materials thereon that are intended to be displayed publicly. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
- Copyright Policy
- Complaint Policy (including Privacy and Trademark)
While we make reasonable efforts to ensure that the Website and Services remain available at all times, we do not represent or warrant that access to the Website or Services will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Website or Services, or their features, at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Services, or any part thereof, with or without notice.
The Website and Services may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The materials appearing on this Website and Services, including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute financial, investment or business advice. Those accessing the materials appearing on the Website or Services should not act upon them without first seeking financial, legal or other counsel, as these materials are general in nature, and may not apply to particular factual or legal circumstances. The materials should not be used as a substitute for consultation with a professional adviser.
You agree that RealAdvisr is not responsible for any financial, business or legal decisions that you may make.
RealAdvisr has no obligation to screen, approve, endorse, limit or select who can post information on the Website or Services, and you agree that RealAdvisr has no obligation or duty to do so and may not do so. Although RealAdvisr may review, edit, remove or modify information from or on the Website or Services, it does not control the sources of this information, and does not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information.
In addition, although we reserve the right to review, remove or edit any content from the site, we do not routinely screen, monitor, or review the content on the Website or Services, including representation made by users of the Website and Services. YOU AGREE THAT REALADVISR SHALL NOT BE RESPONSIBLE FOR ANY SUCH INFORMATION. YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.
You acknowledge that a user’s ranking is not a recommendations or endorsements by RealAdvisr. RealAdvisr does not recommended that any person follow or use any particular user or professional. You acknowledge that any information offered by any user on the Website or Services may not be designed for another user’s personal circumstances and may not be suitable as to you. Unless separately agreed between two parties outside the context of RealAdvisr, the Website and the Services, each user is not an adviser or fiduciary to any other user.
Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this Website or Services, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
There are two types of user accounts on RealAdvisr: Advisor Accounts and Client Accounts.
Client Accounts are designed for use by individuals or entities seeking to engage commercial real estate advisors and brokers for their own business purposes, including for seeking and securing a lease to a commercial real estate property.
Advisor Accounts are designed for use by individuals or entities that are licensed real estate brokers who are permitted by law to practice in the field of commercial real estate brokerage in their designated market (an “Advisor”). By signing up for an Advisor Account, in addition to the other representations in this Agreement, you represent that you are duly licensed as a real estate broker in the jurisdiction in which you offer your services, and that you will remain so licensed throughout your use of the Website and Services. If at any time you are no longer licensed, you are no longer eligible to use the Website and Services, and you must notify RealAdvisr and voluntarily cease use of the Website and Services immediately. Although not an obligation on RealAdvisr, by creating an Advisor Account, you consent to RealAdvisr performing a background and licensing review on you and your business.
In the creation of either type of account, as the individual creating the account, you represent that you are authorized to open the account and agree to this Agreement on behalf of the entity that you identify in your account creation process.
Additionally, you must be over the age of 13 to register either type of account.
Although not an obligation, RealAdvisr may review accounts prior to creation to determine eligibility, and may deny or revoke any account registration for any reason or no reason.
RULES OF CONDUCT
Your use of the Website and Services is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Website or Services.
You agree not to distribute, upload, make available or otherwise publish through the Website, or Services any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:
- is unlawful or untruthful, or encourages another to engage in anything unlawful;
- contains a virus or any other similar programs or software which may damage the operation of RealAdvisr’s or another’s computer;
- violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or,
- is false, inaccurate, fraudulent or misleading;
- is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.
You may not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Services. Further, you may not interfere with or disrupt the operation of the Website or Services, including restricting or inhibiting any other person from using the Website or Services by means of hacking or defacing. Transmitting to or making available in connection with the Website or Services any denial of service attack, virus, worm, Trojan horse or other harmful code or activity is prohibited. You may not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Further, you may not take any action that imposes, or may impose, in RealAdvisr’s sole discretion, an unreasonable or disproportionately large load on RealAdvisr’s infrastructure.
If you have an Advisor Account, certain information may be made available to you on an anonymous basis, and you agree not to seek to re-identify or discover the identity of said anonymous party.
You are not licensed to access any portion of the Website or Services that are not public, and you may not attempt to override any security measures in place on the Website or Services.
The purpose of the Website and Services is to permit Client Account users to post requests for services (“Requests”) to solicit proposal responses (“Proposals”) from Advisor Account users, and based on such Proposals, to select an Advisor to work with on the Request and to hire said Advisor. Proposals shall include an exclusive right for the Advisor Account user to work with the Client Account user and agrees to share the Advisor’s commission with the Client, as more fully defined in the RealAdvisr standard Exclusivity and Commission Sharing Agreement that is made a part of all Proposals, available at www.realadvisr.com/privacy.
If an Advisor Account submits a Proposal, RealAdvisr may review said proposal for quality and other factors, and may elect to, but is not obligated to, include said Proposal in a curated list of Proposals to be presented to the Client Account that posted the Request.
If you post a Request that generates Proposal responses, you may elect to hire the Advisor Account user that submitted a Proposal, and if you do, you may be asked by the Website and Services to enter into additional contracts related to said Requests and Proposals, including but not limited to the Exclusivity and Commission Sharing Agreement.
In addition, if you submit a Request that generates Proposal responses, you agree that you will not hire any Advisor Account user that responded to the Request on the Website or Service to fulfill the substance of the Request other than through the Website or Service.
RealAdvisr reserves the right to institute charges and fees relating to use of the Products and Services, which will be communicated to you prior to becoming a binding obligation. You agree to pay any fees communicated to you where you proceed after the fee has been disclosed.
CONTENT SUBMITTED OR MADE AVAILABLE TO REALADVISR
You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. However, in order for us to provide the Website and Services, we need your permission to process, display, reproduce and otherwise use content you make available to RealAdvisr.
You acknowledge that RealAdvisr is under no obligation to maintain the Website or Services, or any information, causes, materials, Submissions, Content or other matter you submit, post or make available to or on the Website or Services. We reserve the right to withhold, remove and or discard any such material at any time.
CONTENT SHARED THROUGH THE SERVICES
You understand that by sharing information on the Website or Services, and requesting information to be sent through the Website or Services, you may be revealing information about yourself that you may include. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that RealAdvisr shall not be held responsible, and RealAdvisr shall be released and held harmless by you from any liability or damages arising out of such conduct.
OUR INTELLECTUAL PROPERTY
RealAdvisr’s graphics, logos, names, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of RealAdvisr. The “look” and “feel” of the Website and Services (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are the property of RealAdvisr or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
PASSWORDS AND ACCOUNTS
You are responsible for controlling the access to and use of your account. Always make sure that your password is kept as confidential. You understand and agree that RealAdvisr may assume that instructions from an individual associated with your account are authoritative and should be acted upon by RealAdvisr. RealAdvisr is not responsible for any unauthorized access to your account or profile, and any ramifications of such access, and is not required to take action to disable any account.
You agree that you will not bring an action against RealAdvisr arising out of or related to any claimed unauthorized access using your account credentials. Under confirmed unauthorized use circumstances, RealAdvisr may take reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation. In the event that you would like to report a breach, please contact email@example.com with the term “Account Breach Notice” in the subject line.
ENFORCEMENT AND TERMINATION
RealAdvisr reserves the right to deny all or some portion of the Website or Services to any user, in RealAdvisr’s sole discretion, at any time.
Without limiting the foregoing or assuming additional legal obligations, RealAdvisr has a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to RealAdvisr related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
DISCLAIMERS AND LIMITATION ON LIABILITY
BY USING THE WEBSITE AND SERVICES YOU AGREE AND ACKNOWLEDGE THAT REALADVISR PROVIDES THE WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. REALADVISR, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM REALADVISR SHALL CREATE ANY WARRANTY.
USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. REALADVISR DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR SERVICES IS FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REALADVISR, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE WEBSITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR SERVICES, EVEN IF REALADVISR AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither RealAdvisr nor any of its subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
You agree to defend, indemnify and hold RealAdvisr and its suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Website or Services (b) your use of the Website or Services, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Website or Services.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., excluding the application of its conflict of law rules. You agree that any dispute arising out of or relating to the Website or Services, or to RealAdvisr, may only be brought by you in a state or federal court located in New York, in the county of New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK. In any such proceeding, you agree that service may be made upon you via e-mail at your e-mail address that we then have on-file.
POLICIES FOR CHILDREN
The Website and Services are not directed to individuals under the age of 13, nor do they contain information which would be potentially harmful to minors. In the event that RealAdvisr discovers that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. This Agreement may only be revised in a writing signed by RealAdvisr. In the event that RealAdvisr updates this Agreement and you are made aware of the update, your continued use of the Website, Apps or Services after the update shall constitute an agreement to the updated terms.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RealAdvisr as a result of this Agreement or your use of the Website, Apps or Services.
Assignment. RealAdvisr may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without RealAdvisr’s prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Equitable Remedies. You hereby agree that RealAdvisr would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and RealAdvisr with respect to the Website and Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
If you believe in good faith that any material posted on our Website or Apps infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
- Information reasonably sufficient to permit us to contact you;
- A statement that you have 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; and,
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
40 Morris Avenue, Suite 230
Bryn Mawr, PA 19010
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any material posted on the Website of Apps infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to firstname.lastname@example.org, containing the following information:
- Your name, physical address, e-mail address and phone number;
- A description of the material posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
- Identification of the location of the material on the Site;
- If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
- If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
- A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
- Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.