Terms of Use

 

Disclaimer

 

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE,” AND THAT ICRE, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, BOTH EXPRESS AND IMPLIED, AS TO THE TRUTH OF ALL INFORMATION CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  YOU ALSO ACKNOWLEDGE THAT ICRE, INC. DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE CONDUCT OF THIRD PARTIES WITH WHOM YOU MAY ENGAGE IN BUSINESS ACTIVITIES THROUGH THE SITE.

Terms of Use

 

Welcome to the ICRE website (the “site”).  Please read the following Terms of Use carefully before accessing or using any part of the site.  Your access to and use of the site constitutes your acknowledgement of these Terms of Use and an agreement between you and ICRE, Inc. (“ICRE”, “we”, “us” or “our”) to these Terms of Use, including ICRE’s Privacy Policy (https://icre.com/about/privacy-policy). The Terms of Use and Privacy Policy may be amended from time to time without notice. It is your responsibility to check the site periodically for amendments.

 

If you do not agree with the Terms of Use, you are not permitted to access or to use the site.  Each time you access the site, you reaffirm your acceptance of the then existing Terms of Use.  If you do not want to be bound by the Terms of Use, you must discontinue using the site.  Further, you may be denied access to the site, with or without prior notice, if you do not comply with any of the Terms of Use.  We also reserve the right to refuse to provide our products and services to anyone at any time.

 

  1. Authorized Users

 

1.1 Age requirement. In order to use the site, you must be at least 18 years of age. By accessing the site, you represent and warrant that you are at least 18 years old.

1.2 Registration. We reserve the right to restrict certain areas of the site to our approved registered users. In the event that any area of the site requires you to register with us prior to our granting you access to such areas of the site, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address (the “account information”). You agree to provide accurate account information and to update your account information as necessary to keep it accurate. We will use your account information in accordance with our privacy policy, which can be found at https://icre.com/about/privacy-policy, and as described in section 6 of these Terms of Use. You are solely responsible for maintaining the confidentiality of your member name and password, may not share or authorize any third party to access the site using your name or password, and agree to notify us immediately of any unauthorized use of your member name, password or account. ICRE will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless ICRE, its partners, parents, subsidiaries, agents, affiliates and/or licensors for any improper, unauthorized or illegal uses of your account.

 

  1. License to Use the Site

 

2.1 Grant of license. Subject to the terms and conditions of these Terms of Use, ICRE grants to you a limited, non-exclusive, non-transferable license to access and to use the site and the data that the site makes available to you (the “Licensed Materials”). ICRE reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the site not specifically permitted under these Terms of Use is strictly prohibited.

2.2 Conditions. ICRE’s grant of this license is expressly conditioned on your assurance that you will not: (i) use the site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without ICRE’s express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this site; or (iii) use our site in any way that violates these Terms of Use. The site is owned by ICRE and is protected by united states copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under these Terms of Use. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of these Terms of Use is void.

  1. Prohibited Uses

 

You may not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the site; (c) send chain letters or pyramid schemes via the site; (d) attempt to gain unauthorized access to other computer systems through the site; or (e) use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site.

  1. Copyrights and Other Intellectual Property

 

4.1 Content. You acknowledge that ICRE owns or has a license to all title and copyrights in and to the content provided on this site. All title and intellectual property rights in and to any licensed content provided on this site is the property the respective owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

4.2 Photos. All photos posted on the site are the property of their respective owners and use of these images without the express written consent of the owner is prohibited.

  1. Trademarks and Third-Party Trademarks

 

The following are registered trademarks or trademarks of ICRE: ICRE, Integrity Commercial Real Estate, and its design logo, as well as certain other ICRE trademarks, service marks, graphics, and logos that may hereafter be obtained (the “ICRE trademarks”) used in connection with our provision of products and services. The site may contain third party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the ICRE trademarks or the trademarks of any third party unless otherwise specifically agreed in writing.

  1. Privacy Policy

 

Unless otherwise addressed in these Terms of Use, your use of this site is subject to our Privacy Policy, which is incorporated by reference and made a part of these Terms of Use. It is important that you read and understand the terms of our privacy policy, and understand that we may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this site.

 

  1. Submissions and Rules of Use

 

7.1 Warranties by Submitter. You are solely responsible for all uses that you make of the site and all content that you post, publish, transmit, upload, distribute or otherwise make available or submit (collectively “submit”) for publication on the site or to other users of the site.  You represent and warrant that your use of the site and all Licensed Materials will comply with all applicable laws and regulations, and that all content that you submit will be truthful, will not misrepresent, conceal or omit any material matter, violate the rights of any third party, that you own or control and are legally authorized to submit the content, and that publication of the content will not violate these Terms of Use or the rights of any third parties, or cause any injury to any third party.

7.2 Lack of Confidentiality. If you submit to us or post on the site any property listing or other information, testimonial, comment, review, suggestion or any work of authorship (collectively a “submission” or “submissions”), including, without limitation, submissions about any of our products or services, the submissions will not be confidential or secret, and may be used by us in any manner. Your submissions may be identified by your actual name and/or username.  Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any submission. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name. We also have no obligation to enforce any right that you may have in any submission.

7.3 Rules of Use. In addition to complying with the other requirements of these Terms of Use, you agree to comply with the following rules when making submissions and in all communications related to your submissions or the Licensed Materials.  The following rules are not meant to be exhaustive and we reserve the right to determine additional rules for the efficient operation of the site, and what type of conduct is inappropriate, and to take such action as we deem appropriate in our sole discretion, including without limitation to terminate the right of any person to use the site:

  1. Your submissions will not contain any false or misleading information or infringe or violate our rights or the rights of any third party;
  2. You will not rely on ICRE for the truth of the Licensed Materials or any submissions by any third party;
  3. We have no obligation to post any submissions by anyone and reserve the right to delete any submission, and to modify and to post our own version of any submission in our sole discretion;
  4. You will at all times be polite to other users of the site, refrain from any self-help or disparagement of us or any third party, and report any concerns regarding submissions or conduct on the site to us;
  5. You will not use the site to promote or to solicit others to purchase any product or service, or to participate in any fundraising or other activity;
  6. You will not impersonate anyone else, misrepresent your identity or affiliation, or make any submissions from fake or anonymous usernames or profiles;
  7. You will not allow any third party to use your user name, password or account information; and
  8. You will not use any information obtained from the site in any way that violates the copyright, trademark, privacy or other rights of us or any third party.
  1. Disclaimers

 

8.1 “As-Is.” The site (including all of its content) is provided to you “as is.” Any use of this site is at your own risk. To the maximum extent permitted by applicable law, ICRE disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. ICRE makes no representations, warranties or guarantees that this site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and ICRE disclaims any liability relating thereto.

8.2 Site Use. ICRE makes no representations, warranties or guarantees that use or results of the use of the site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, ICRE may modify, suspend, or discontinue any aspect or feature of this site or your use of this site. If ICRE elects to modify, suspend, or discontinue the site, it will not be liable to you or any third party.

8.3 Property Information. All property listing information contained within this site is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. While all information on the site has been obtained from sources believed to be reliable, we have not verified any of the information.  Further, any projections, opinions, assumptions or estimates contained within this site are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed property. You and your business, tax and legal advisors should conduct your own investigation of any property listed on this site and any contemplated transaction concerning any property listed on this site to determine to your satisfaction the suitability of the property for your needs.

8.4 Your Submissions. You acknowledge that your submission of any information to us is at your own risk. ICRE does not assume any liability to you with regard to any loss or liability relating to such information in any way.

8.5 Third Party Submissions. Some of the content, products, and services available through the ICRE site may include materials that belong to third parties. You acknowledge that ICRE assumes no responsibility for such content, products or services, and that those submissions are subject to all disclaimers included in these Terms of Use.

8.6 Third Party Vendor Dealings. We may present or authorize business and transaction opportunities on or through the site. Your dealings with or participation in transactions or business opportunities with third party vendors on or through the site are solely between you and such third party, and your participation is subject to the terms and conditions associated with those dealings. You agree that ICRE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party opportunities on the site.

8.7 Advertiser Dealings. We may present or authorize advertisements or promotional materials on or through the site. Your dealings with or participation in promotions of any third-party advertisers on or through the site are solely between you and such third party, and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that ICRE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the site.

  1. Limitation of liability

 

ICRE’s entire liability and your exclusive remedy in the event of any dispute over your use of the site is to discontinue your use of the site.  In no event will ICRE be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if ICRE has been advised of the possibility of such damages. No oral or written information or advice given by ICRE or others will create a warranty and neither you nor any third party may rely on any such information or advice to the maximum extent permitted by law.

  1. Indemnity

 

You will indemnify and hold ICRE, its shareholders, directors, officers, employees, affiliates, agents, contractors, attorneys, and licensors harmless from and against all claims, demands, lawsuits, administrative and other regulatory proceedings of any type, and any and all losses, damages, penalties and fines related to or arising out of (i) your breach of these Terms of Use, including without limitation any infringement by you or your agents of the copyright or intellectual property rights of us or any third party, (ii) your use or misuse of the site, and (iii) any dispute between you and any third party arising from or related to your use of the site.  In the event of any claim subject to the foregoing indemnity rights, we have the right to hire legal counsel for our defense at your expense, and you agree to pay our actual attorney’s fees and costs incurred, to cooperate in such defense, and not to settle any such matter without our prior written consent.

  1. Termination

 

These Terms of Use applies to all uses and survive termination of your use of the site.  You may stop use of the site at any time. We also have the right to restrict, suspend or terminate your access to the site at any time for any reason with or without notice.  We may also block certain IP addresses from accessing and using the site to remedy a rules violation or to effectuate a termination and take such other actions to protect our rights or the rights of third parties as deemed appropriate in our sole discretion.

  1. General

 

12.1 Site Access. You are responsible for providing at your own cost the dial-up, dsl, cable modem or other form of internet access and any other hardware and software necessary to access and to use the site.

12.2 Copyright Infringement. If you know of, or suspect, copyright infringement, please send a notice to ICRE, 4340 von Karman Ave, Ste 380, Newport Beach, CA 92660 or by email to djm@icre.com​. The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.

12.3 Disputes. These Terms of Use will be governed by the laws of the State of California for contracts entered into and to be performed in California. By using the site, you consent to personal jurisdiction in California, exclusive jurisdiction for all claims, actions and disputes related to or arising out of these Terms of Use or your use of the site in the state and federal courts of the State of California, and venue in Orange County, California.  In the event that any term or portion of any term is unenforceable for any reason, the unenforceable term only shall be stricken and the remaining terms shall be enforceable.

12.4 Notices. ICRE may send notices to you with respect to your use of the site by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by a posting a note on the site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

12.5 Successors. These Terms of Use is binding on and inure to the benefit of you, us and our respective successors, assigns, heirs, administrators and legal representatives.

12.6 Contact Information. For questions regarding this site or your use of this site, please email us at djm@icre.com, or call +1 949 340-0130.

 

12.7 Acknowledgements. You acknowledge that you have read these Terms of Use, understand them, have consulted legal counsel to the extent you have any questions, and will be bound by their terms and conditions. You further acknowledge that these Terms of Use represent the complete and exclusive understanding and agreement between us pertaining to your use of the site, that they supersede any other communications or agreements relating to the subject matter of these Terms of Use, and that we have not made and you are not relying on any promises, representations, agreements or understandings not contained herein.