Office for RetailForLease.com, Inc. is the owner of the RetailForLease.com® web site (the “Web Site”). Visitors are invited to visit the Web Site subject to these terms and conditions.
You should read this Legal information carefully before using the Web Site. By using the Web Site, you assent to the following terms of use. If you do not agree to these terms, do not use the Web Site.
SCOPE OF USE
You shall not use the RetailForLease.com Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions of or for any purposes other than those that are personal and non-commercial, provided, however, that a real estate commission shall not be considered a fee for the purposes hereof. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the RetailForLease.com web site, including, but not limited to the text, graphics, logos, photos, and audio and visual files, without express written permission from RetailForLease.com. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the RetailForLease.com web site in any manner that could damage, disable, overburden, or impair the RetailForLease.com web site or interfere with any other party’s use and enjoyment of the RetailForLease.com web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the RetailForLease.com web site.
Unauthorized individuals attempting to access any area of this site in a prohibited manner may be subject to prosecution.
NO WARRANTIES
ALL INFORMATION ON THE WEB SITE IS PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT THE SOLE RISK OF THE USER. RETAILFORLEASE.COM, INC. DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. AS A SERVICE TO PEOPLE WHO VISIT THE WEB SITE, RETAILFORLEASE.COM, INC. PERMITS REAL ESTATE AGENTS TO PUBLISH INFORMATION REGARDING THEMSELVES AND THEIR SERVICES. RETAILFORLEASE.COM, INC. DOES NOT RECOMMEND OR ENDORSE ANY OF THE REAL ESTATE AGENTS, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY THE REAL ESTATE AGENTS OR OTHERWISE THROUGH THE WEB SITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE WEB SITE. USERS SHOULD SEEK THE ASSISTANCE OF LICENSED REAL ESTATE PROFESSIONALS REGARDING THE EVALUATION OF SPECIFIC CONTENT OBTAINED ON THE WEB SITE. USERS ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT THEY MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES OR ANY OTHER DESTRUCTIVE PROGRAMS OR CODE.
LIMITATION OF LIABILITY
RETAILFORLEASE.COM, INC. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF RETAILFORLEASE.COM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEB SITE, SOFTWARE, OR RELATED INFORMATION, RECORDS OR PROGRAMS.
TRADEMARKS
The following trademarks are owned by RETAILFORLEASE.COM, Inc. and/or its affiliates. Unauthorized use of any of these trademarks may be a violation of federal and/or state law.
RETAILFORLEASE.COM®
MODIFICATIONS TO RULES AND CONTENT
RETAILFORLEASE.COM, Inc. reserves the right to modify the rules and regulations governing the Web Site at any time. Modifications will be posted on the Web Site, and users are deemed to be apprised of and bound by any changes to these rules and regulations. In addition, RetailForLease.com, Inc. reserves the right to make improvements and/or changes in the Content of the Web Site at any time.
VIOLATIONS OF RULES AND REGULATIONS
RetailForLease.com, Inc. reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Web Site, including the right to block access from a particular Internet address to the Web Site.
LINKED INTERNET SITES
THE LINKS IN THE WEB SITE WILL LET THE USER LEAVE RETAILFORLEASE.COM, LLC SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF RETAILFORLEASE.COM, INC., AND RETAILFORLEASE.COM, LLC. IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE WEB SITE. RETAILFORLEASE.COM, LLC. IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE WEB SITE IS AT THE USER’S OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY RETAILFORLEASE.COM, INC. OF THE LINKED SITE.
FEES
You are responsible for the timely payment of any fees incurred by your use of components and services available on the Site or via links to other web sites, and all taxes applicable to your use of the Product and for all charges associated with connecting to the Product, including without limitation telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Product.
WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.
Price & Payment. All prices for listing property on ForLeaseByOnwer.com are published and periodically updated directly online. Payment & Late Charges. Unless otherwise agreed in writing, all charges by ForLeaseByOwner.com® for shall be billed to Your credit card .You will pay all sales, use, value-added, personal property or other governmental tax or levy imposed on the goods or services provided to You (including interest and penalties imposed thereon) other than taxes based on the net income or profits of ForLeaseByOwner.com®. If You fail to pay any amount when due, then this Agreement may, at ForLeaseByOwner.com®’s option, be suspended or terminated. You agree to pay all costs of enforcement, including reasonable legal fees.
SUBMITTED CONTENT
This Product may include opportunities for users to submit information, data, text, photographs, images, graphics, and other content to the Product, for it to be publicly displayed on the Product, used by RetailForLease.com in connection with researching commercial real estate activity, or for some other purpose (“Submitted Content”). RetailForLease.com acknowledges that if you provide RetailForLease.com with any information or images, then you retain your ownership rights with respect to such information and images. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you, and not RetailForLease.com, are entirely responsible for all such content that you upload, post, e-mail or otherwise transmit to or via the Product. RetailForLease.com is under no obligation to post or use any such Submitted Content you may provide and may remove any such content at any time in RetailForLease.com’s sole discretion.
With respect to all Submitted Content you elect to upload, post, e-mail or otherwise transmit to or via the Product, you grant RetailForLease.com, its affiliates, and licensees the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, distribute, sell, and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that RetailForLease.com may preserve any such content and may also disclose such content in its discretion. You represent and warrant that (a) you own or have the full right, power and authority to grant to RetailForLease.com use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Product, as provided in these Terms of Use; (b) your license of such content to RetailForLease.com hereunder does not, and the use or license of such content by RetailForLease.com to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content.
Information Regarding Accuracy, Completeness and Timeliness of Information in the Product
The Product is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the Product shall be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Product, is responsible if the Product is not accurate, complete or current. Neither we, nor any third party involved in creating, producing or delivering the Product, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Product.
MapQuest Disclaimer
The following disclaimer also applies to any maps/directions from MapQuest.com, Inc. (“MapQuest”) that are displayed on this Product: THESE MAPS/DIRECTIONS ARE INFORMATIONAL ONLY. NO REPRESENTATION IS MADE OR WARRANTY GIVEN AS TO THEIR CONTENT, ROAD CONDITIONS OR ROUTE USABILITY OR EXPEDITIOUSNESS. USER ASSUMES ALL RISK OF USE. MAPQUEST, RetailForLease.COM, AND THEIR SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY LOSS OR DELAY RESULTING FROM SUCH USE. Additional information can be found at http://www.mapquest.com/about/copyright.adp .
Indemnity
You agree to indemnify, defend, and hold harmless the RetailForLease.com Parties from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your (and your users’) Submitted Content, use or misuse of any portion of the Product, or your violation of these Terms of Use or the License Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. RetailForLease.com and any third party involved in creating, producing, or delivering the Product reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of RetailForLease.com and any third party involved in creating, producing or delivering the Product.
Modifications to Product; Changes to these Terms
RetailForLease.com is continuously updating and changing the Product, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that RetailForLease.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product (or any part thereof). Additionally, we reserve the right, in our complete and sole discretion, to change these Terms of Use at any time by posting revised terms on the Product. It is your responsibility to check periodically for any changes we may make to the Product and these Terms of Use. Your continued use of this Product following the posting of changes to these terms or other policies means you accept the changes.
GENERAL
All legal issues arising from or related to the use of the Service shall be construed in accordance with and determined by the laws of the State of California, United States of America. By using this Service, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Service is the United States District Court for the Central District of California, or if such court lacks subject matter jurisdiction, the state courts of California encompassed within the geographic scope of the Central District of California. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” on particular web pages, this agreement and its referenced parts constitutes the entire agreement between you and SpaceForLease.com with respect to the use of Service.