WEBSITE TERMS OF USE AGREEMENT
Real Deal Brokers / CRE Properties+
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
1. ACCEPTANCE OF TERMS
These Terms of Use ("Terms") constitute a legally binding agreement between you
("User," "you," or "your") and Real Deal Brokers, its owners, officers, employees,
and affiliates ("Company," "we," "us," or "our") governing your access to and use
of the website located at [website URL] (the "Site"), including any content,
functionality, and services offered on or through the Site.
By accessing or using the Site, creating an account, submitting a form, or
otherwise interacting with the Site in any way, you acknowledge that you have
read, understood, and agree to be bound by these Terms and our Privacy Policy,
which is incorporated herein by reference. If you do not agree to these Terms,
you must not access or use the Site.
2. THE SITE IS A TECHNOLOGY PLATFORM ONLY
The Company operates the Site solely as a technology platform that facilitates
the display, search, and communication of commercial real estate listings and
related information submitted by independent brokers, agents, and other third
parties. THE COMPANY IS NOT A REAL ESTATE BROKER, AGENT, APPRAISER, LENDER, OR
ATTORNEY, AND NOTHING ON THE SITE SHOULD BE CONSTRUED AS AN OFFER TO SELL,
LEASE, OR OTHERWISE TRANSACT IN REAL PROPERTY BY THE COMPANY. The Company is
not a party to, and assumes no responsibility for, any transaction, negotiation,
lease, purchase, sale, financing arrangement, or other agreement entered into
between Users of the Site, including but not limited to brokers, agents,
buyers, sellers, and lenders.
3. NO WARRANTY AS TO LISTING ACCURACY
All property listings, pricing, square footage, zoning, availability, and
other data displayed on the Site are submitted by third-party brokers, agents,
sellers, or other Users and are NOT independently verified, inspected, or
guaranteed by the Company. The Company makes no representation or warranty,
express or implied, as to the accuracy, completeness, timeliness, or reliability
of any listing or information on the Site. Users are solely responsible for
independently verifying any information before relying on it in any way,
including before entering into any transaction.
4. ELIGIBILITY AND ACCOUNT REGISTRATION
You must be at least eighteen (18) years of age and legally capable of
entering into a binding contract to use the Site. If you register an account,
you agree to provide accurate, current, and complete information and to keep
such information updated. You are solely responsible for maintaining the
confidentiality of your login credentials and for all activity that occurs
under your account. You agree to notify the Company immediately of any
unauthorized use of your account.
5. USER CONDUCT
You agree not to: (a) submit false, misleading, or fraudulent information;
(b) impersonate any person or entity or misrepresent your affiliation with any
person or entity, including any professional license status; (c) use the Site
for any unlawful purpose or in violation of any applicable local, state,
federal, or international law, including fair housing laws; (d) upload or
transmit viruses, malware, or other harmful code; (e) scrape, harvest, or
otherwise collect data from the Site through automated means without prior
written consent; (f) interfere with or disrupt the operation of the Site or
its servers or networks; or (g) attempt to gain unauthorized access to any
portion of the Site, other User accounts, or any systems or networks connected
to the Site.
6. SHOWING REQUESTS, IDENTITY VERIFICATION, AND SMS COMMUNICATIONS
The Site may offer functionality allowing Users to request property showings,
which may require submission of a government-issued photo ID and/or completion
of SMS-based phone verification for security and fraud-prevention purposes.
BY SUBMITTING A PHONE NUMBER THROUGH THE SITE AND REQUESTING A VERIFICATION
CODE, YOU EXPRESSLY CONSENT TO RECEIVE ONE OR MORE TEXT MESSAGES FROM OR ON
BEHALF OF THE COMPANY AT THAT NUMBER FOR VERIFICATION AND TRANSACTION-RELATED
PURPOSES. Message and data rates may apply. This consent is not a condition of
any purchase. Photo identification submitted for showing verification is used
solely for identity confirmation and is handled in accordance with our Privacy
Policy; the Company does not guarantee the safety of any in-person showing and
is not responsible for the conduct of any User, listing agent, or third party
encountered in connection with a showing.
7. INTELLECTUAL PROPERTY
All content on the Site, including but not limited to text, graphics, logos,
button icons, images, audio clips, software, and the compilation and
arrangement thereof (excluding third-party listing content owned by its
respective submitters), is the property of the Company or its licensors and is
protected by United States and international copyright, trademark, and other
intellectual property laws. You may not reproduce, distribute, modify, create
derivative works from, publicly display, or otherwise exploit any content from
the Site without the Company's prior written consent.
8. USER-SUBMITTED CONTENT
By submitting any content to the Site (including listings, photographs,
messages, or documents), you represent and warrant that you own or otherwise
control all rights to such content and that its use by the Company will not
infringe or violate the rights of any third party. You grant the Company a
non-exclusive, royalty-free, worldwide, sublicensable license to use, display,
reproduce, and distribute such content solely in connection with operating and
promoting the Site. The Company reserves the right, but has no obligation, to
monitor, edit, or remove any User-submitted content at its sole discretion.
9. DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT, FUNCTIONALITY, AND SERVICES PROVIDED THROUGH IT ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE
UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR
RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY,
EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR
RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS
($100.00) OR THE AMOUNT YOU PAID TO THE COMPANY, IF ANY, IN THE TWELVE (12)
MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company and its officers,
directors, employees, agents, and affiliates from and against any and all
claims, liabilities, damages, losses, costs, and expenses, including reasonable
attorneys' fees, arising out of or in any way connected with: (a) your access
to or use of the Site; (b) your violation of these Terms; (c) your violation of
any rights of another party; or (d) any content you submit to the Site.
12. THIRD-PARTY LINKS AND SERVICES
The Site may contain links to third-party websites or services that are not
owned or controlled by the Company, including mapping services, document
signing services, and payment processors. The Company assumes no responsibility
for the content, privacy policies, or practices of any third-party sites or
services, and your interactions with such third parties are solely between you
and them.
13. TERMINATION
The Company reserves the right, in its sole discretion, to suspend or terminate
your access to the Site, with or without notice, for any reason, including but
not limited to a breach of these Terms. Upon termination, your right to use
the Site will immediately cease.
14. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of
the State of [State], without regard to its conflict of law provisions. Any
dispute arising out of or relating to these Terms or the Site shall be resolved
exclusively in the state or federal courts located in [County, State], and you
consent to the personal jurisdiction of such courts. [Optional: The parties
may instead agree to binding arbitration administered by the American
Arbitration Association — consult counsel on whether to include an arbitration
clause and, if so, its specific terms.]
15. CHANGES TO THESE TERMS
The Company reserves the right to modify these Terms at any time. Changes are
effective immediately upon posting to the Site. Your continued use of the Site
following the posting of revised Terms constitutes acceptance of those changes.
16. SEVERABILITY AND ENTIRE AGREEMENT
If any provision of these Terms is found to be unenforceable, the remaining
provisions will remain in full force and effect. These Terms, together with
our Privacy Policy and any role-specific User Agreement applicable to you,
constitute the entire agreement between you and the Company regarding use of
the Site.
17. CONTACT
Questions about these Terms may be directed to: [Company contact email/address]
TEMPLATE NOTICE: This document is a general template and does not constitute
legal advice. It should be reviewed and customized by a licensed attorney in
your jurisdiction before publication, with particular attention to real estate
licensing regulations, Fair Housing Act compliance, TCPA (text messaging)
requirements, and applicable state consumer protection and data privacy laws.
