Align Commercial Real Estate Terms of Use (AlignCRE.com)

Please read these terms and conditions of use carefully before using Aligncre.com (the “Site”). Your access to, and use of the Site, is subject to the following terms and conditions, (including the Privacy Policy of the Site) and all applicable laws. By accessing and using this Site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Privacy Policy) will signify your acceptance of those changes.

Section 1. Ownership and Use Restrictions

AlignCRE.com is owned and operated by Align Commercial Real Estate, hereinafter referred to as “ACRE”.

All ACRE content and materials related to, including but not limited to, Aligncre.com, contained within the Site (including, but not limited to, video, audio, photos, text, images, statistics, logos, other intellectual property, and content) are owned by ACRE, except for those items otherwise noted in Other Sources. No original content from the Site may be reproduced, republished, uploaded, posted, transmitted, distributed, copied, publicly displayed, or otherwise used, except as provided in these Terms of Use, without the written consent of ACRE.

ACRE maintains this Site for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site to any single computer only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any materials of the Site for public or commercial purposes on any other Web site or otherwise, without the written consent of ACRE. Modification of any materials displayed on the Site is a violation of ACRE’s copyright and other proprietary rights.

The Align Commercial Real Estate and Aligncre.com name and logo, are the property of Align Commercial Real Estate. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written consent of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.

Images of people or places displayed on the Site are either the property of, used with permission by, or obtained from sources as listed on ACRE.com. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. ACRE neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with ACRE.

Other than its own, Yogesh Melwani, LLC, makes no claim to any trademark or logo contained herein. All pictures are for illustration and example purposes only, with no intent to infringe on any copyright laws. All rights reserved. No warranty or representation, expressed, written or implied, is made as to the accuracy of the information or projections contained herein, and the same is subject to verification, omissions, changes, other conditions, withdrawal without notice, or any conditions imposed by others.

Section 2. Blog and Message Features

The Site may offer you opportunities to send messages or postings in connection with various features including Property Listings, Video Blogs, and Social Media, including electronic mail and online polls. In order to participate in any Blog and Message Feature, you may be required to provide detailed and correct personal information consisting of your name and e-mail address, which shall be collected pursuant to the Privacy Policy of this Site. You must use Blog and Message Features responsibly.

You must not transmit any message (“Message”) in connection with any Blog or Message Feature that: (i) restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Blog or Message Feature.

ACRE shall have the right, but not the obligation, in its sole discretion, to review, edit or delete any Blog or Message transmitted in any Blog or Message Feature that: (i) violates any term of these Terms of Use; or (ii) is otherwise illegal, offensive, or inappropriate. Depending on the nature of the violation, ACRE shall have the sole discretion to terminate your access to the Site. Please be advised that ACRE will fully cooperate with any law enforcement authorities or court order requesting or directing ACRE to disclose personal information of anyone who submits a Message that violates the afore mentioned terms, in accordance with the Privacy Policy of the Site

Although ACRE may from time to time monitor or review Messages submitted in discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, ACRE is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Blog or Message Feature does not constitute approval or endorsement by ACRE.

Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and non-proprietary. By submitting a Message to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and ACRE other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to ACRE described in Section 3 below.

Section 3. Submission

By transmitting any Message (see Section 2 above regarding “Messages”) or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, “Submissions”), you are automatically granting ACRE a perpetual, royalty-free, non-exclusive, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, or display such Messages and Submissions, in whole or in part, in any form, media or technology now known, or hereafter developed, for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of ACRE. This means that anything submitted by you to ACRE, or on ACRE.com, may be used by ACRE for any purpose, now or in the future, without any payment to, or further authorization by, you. ACRE also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.

Solicited Submissions: At times, ACRE may solicit Submissions from visitors to ACRE.com, including, but not limited to, information, ideas, artwork, or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your submission of information, in response to such a solicitation, is your permission, to ACRE with respect to the Rights described above.
Unsolicited Submissions: Although we are pleased to hear from you and welcome your comments regarding the Site and ACRE, unfortunately, the Site’s policy does not permit it to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by ACRE or the ACRE might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future ACRE products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of ACRE. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to ACRE of the Rights described above.

Section 4. Votes, Contests, and Sweepstakes

From time to time, the Site may offer you opportunities to vote in connection with certain events, also to enter contests, and sweepstakes. By casting a vote, or entering contests, or sweepstakes, you signify your agreement to all special terms set forth on the Site applicable to the voting, contest, or sweepstakes, as well as to the terms set forth in these Terms of Use.

Section 5. Link Restrictions

The following restrictions apply to all links to the Site from any on-line, cable, wireless, other site, service or browser:

On-line, cable, wireless, other sites, services or browsers created by, licensed by, or substantially associated with any entity that regularly promotes any product (e.g., apparel or equipment), brand (e.g., Reebok or Coke) or service (e.g., Internet service providers or ticket sellers) (a “Commercial Site”) may not link to AlignCRE.com without the written consent of ACRE, even if the page/area where the link originates does not promote a product, brand, or service.
Sites, services, or browsers, other than Commercial Sites, (e.g., fan sites, chamber of commerce sites, search engines, widely available Internet browsers) (“Permissible Sites”) may link to AlignCRE.com without the express written consent of ACRE if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “ACRE.com,” “The Official Site of Align Commercial Real Estate”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics, that may be on the page/area containing such word link.
The AlignCRE.com logo or any other logo of ACRE may not be used to link to AlignCRE.com without the written consent of ACRE.
No link to the Site may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics.
The posting or creation of any link to the Site signifies that you agree to abide by the terms of the Link Restrictions, whether or not you have read these restrictions.

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Section 6. Modular Content

ACRE may provide certain content, which includes graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module, or via an RSS feed, or similar technology, into a web site or other online, cable, wireless, or other service other than the Site (“Modular Content”). To the extent that ACRE makes Modular Content available, you agree to use it responsibly and consistent with these Terms of Use and any other rules or restrictions provided to you in connection with the Modular Content.

By using Modular Content or incorporating it within or associating it with a web site or other online, cable, wireless, or other service other than the Site, you agree not to:

Obscure ACRE’s branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party’s assertion or implication of ownership or authorship of the Modular Content;
Excerpt or edit the Modular Content, except as specifically permitted by ACRE; or
Publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that:
1. is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
2. may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national, or international law;
3. violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right;
4. contains or may be associated with a computer virus or other harmful component;
5. constitutes or contains false or misleading indications of origin or statements of fact;
6. contains any information, software or other material of a commercial nature; or
7. contains advertising, promotions or commercial solicitations of any kind.

Although ACRE is under no obligation to do so and assumes no responsibility or liability arising from any use of Modular Content, ACRE may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any web site or other online, cable, wireless, or other service if ACRE or its agent requests that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that ACRE has exclusive discretion to direct that the Modular Content be removed from web sites or other online, cable, wireless, or other services at any time and for any reason, including but not limited to the prohibited uses of Modular Content described above; that ACRE may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that ACRE may not specifically advise you of the existence or nature of these protections.

ACRE provides Modular Content, if at all, on a voluntary basis. ACRE expressly renounces any obligation to provide, update, or maintain the availability of the Modular Content, or to ensure its accuracy.

By viewing or using Modular Content, YOU agree that YOU will indemnify and hold ACRE harmless for claims, liabilities, damages, and expenses arising out of YOUR use of Modular Content consistent with the terms of Section 10 of these Terms of Use.

Despite any statement to the contrary, by ACRE, by you, or any third party, your use of Modular Content creates no fiduciary or contractual relationship between you and ACRE, or between ACRE and any third party, other than pursuant to these Terms.

Section 7. ACRE Store on AlignCRE.com

A. The ACRE Store on AlignCRE.com (the “Store”) allows you to order products (the “Merchandise”) supplied and possibly managed by an independent merchandise vendor. By placing an order in the Store, you acknowledge that ACRE and or the independent merchandise vendor, is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. ACRE and or the independent merchandise vendor can be reached by using the contact information that will be provided in the Store section.

B. By placing an order at the Store, you agree to pay ACRE and or the independent merchandise vendor all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by ACRE, and or the independent merchandise vendor, or your credit card issuer. ACRE and or the independent merchandise vendor may bill your credit card at the time Merchandise is ordered. ACRE and or the independent merchandise vendor may, in its sole discretion, decline service to or terminate your Site account without notice.

C. ACRE reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.

D. You may have the option to personalize certain Merchandise ordered at the Store (e.g., clothing, equipment, and gear). ACRE reserves the right, in its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which ACRE deems to be illegal, offensive, or inappropriate.

E. Questions relating to the Store, Merchandise and its fulfillment should be directed to ACRE and or the independent merchandise vendor, via the contact us page of ACRE.com. You may also refer to the Contact Us section of the Store for more information.

Section 8. Disclaimer of Warranties and Damages; Limitation of Liability

While ACRE uses reasonable efforts to include accurate and up to date information in the Site ACRE makes no warranties or representations as to its accuracy. The information contained in or made available through the Site (including, but not limited to information contained on Message Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. ACRE assumes no liability or responsibility for any errors or omissions in the content of the Site.

ACRE, nor any of their respective affiliates, owners, employees, directors, officers or shareholders (collectively, the ” ACRE Parties”) make any representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so under your own initiative and risk, and are responsible for compliance with all applicable laws.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ALL APPLICABLE LAWS, ACRE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACRE PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT ACRE PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL ACRE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL ACRE PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.

The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by ACRE or any affiliate of any third party site or content. ACRE is not responsible for the availability of these third party resources, or their contents. ACRE has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages, or other sites is at your own risk. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites, or any content contained within such other sites, and you hereby revoke any claim against ACRE with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Section 9. Notice

ACRE may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user’s e-mail address, if on record in ACRE’s account information, or by written communication sent by first class mail to a user’s address, if on record in ACRE’s account information. You may give notice to ACRE (such notice shall be deemed given when received) at any time by any of the following means:

Via the contact us page of AlignCRE.com;
Letter delivered by first class postage prepaid mail or courier to Align Commercial Real Estate, at the following address:

Align Commercial Real Estate
PO Box 394
Windermere, FL 34786

Section 10. Indemnification

You hereby agree to indemnify and hold Align Commercial Real Estate, its parent and affiliates, the ACRE Entities, and each of their respective general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, vendors and business partners, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Site, including, but not limited to use of any Blog or Message Feature, Modular Content, and any and all future ACRE services; and (ii) any breach or alleged breach of these Terms of Use.

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Section 11. Termination of Service

ACRE may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. ACRE may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in ACRE’s exclusive discretion, without prejudice to any legal or equitable remedies available to ACRE, for any reason or purpose, including, but not limited to, conduct that ACRE believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which ACRE believes is harmful to other customers, to ACRE’s business, or to other information providers. Upon any termination of this agreement, you shall immediately discontinue your use and access of the Site and destroy all materials obtained from it.

Section 12. Software

Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, the Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. ACRE does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

Section 13. Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on the Site that is requested to be removed;
Your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Section 14. Choice of Law

These Terms of Use and any disputes relating to these Terms of Use or the Site will be governed by the laws of the State of Florida, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Use or the Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the City of Orlando, State of Florida, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. ACRE will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms of Use.

Section 15. Miscellaneous

These Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications, with respect to the subject matter herein between you and ACRE. ACRE in its sole discretion may amend these Terms of Use, and your use of the Site, after such amendment is posted on the Site, will constitute acceptance of such amendment by you. The section headings in these Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Products, views, and opinions expressed or marketed by sponsors, advertisers, and/or vendors are those of the individual(s) and or company(s) and do not necessarily reflect the view of ACRE, its parent and affiliates, the ACRE Entity, the Align Commercial Real Estate, and each of their respective general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, vendors and business partners.

The information set forth herein has been obtained or derived from sources believed by ACRE to be reliable. However, ACRE does not make any representation or warranty, express or implied, as to the information’s accuracy or completeness, nor does ACRE recommend or endorse any products and or services advertised within.

This information has been provided to you solely for entertainment and informational purposes only and does not constitute an offer or solicitation of an offer, or any advice or recommendation, to purchase any product and or services, and may not be construed as such.

LAST UPDATED: June 22, 2016

Use of this site signifies your acceptance of this Terms of Use and the Privacy Policy for AlignCRE.com

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