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Terms Of Use

 

INSTITUTIONAL REAL ESTATE, INC. TERMS OF USE

Last Updated:  December 7, 2012

This website (the “Site”) is operated by Institutional Real Estate, Inc. or its affiliates or subsidiaries (“IREI”, “Company”, “we” or “us”).   PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE.  ADDITIONALLY, PLEASE REVIEW ANNEX A OF THESE TERMS FOR IMPORTANT INFORMATION ABOUT THIS SITE.  Access to the Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (collectively, “Terms”) and the Privacy Policy posted on the Site.  In addition, particular Site features and activities offered on the Site may also be subject to additional terms specified on the Site (“Additional Terms”), all of which are incorporated herein by reference.

BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY IN A FORUM IN ALAMEDA COUNTY, CALIFORNIA.  Please review the Applicable Law and Disputes section of these Terms for complete details.

MODIFICATION OF THESE TERMS.

From time to time, Company may change these Terms. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing these Terms.  Your continued use of the Site following the posting of changes to the Terms indicates your acceptance of those changes.  Unless we provide you with specific notice, no changes to our Terms will apply retroactively.

PERSONAL USE OF SITE.

Unless otherwise specified, the Site is for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications owned by Company or its licensors that is featured or displayed on the Site (“Content”), including without limitation text, graphics, data, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder.  You acknowledge that any unauthorized use of any Content could cause irreparable harm to Company and agree that in the event of any such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.

Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use.  Any other use of Content without the prior written permission of Company is strictly prohibited.

USER SUBMISSIONS.

Except as expressly stated in the Privacy Policy, any material, information or other communication that you post, upload or submit to the Site or that is displayed on the Site at your direction (collectively, “Communications”) will be considered non-confidential and non-proprietary, and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any Communication.

You are responsible for ensuring that all of your Communications do not violate any copyright, trademark, trade secret, or other rights of another person or entity or defame any other person or entity.  You shall be liable for any infringement of copyrights, trademarks, trade secret, or other rights, any defamation, and any other harm resulting from your posting, uploading, or submission of any Communication to the Site.

By posting, uploading or otherwise submitting any Communication to the Site, you expressly grant to Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, archive, aggregate, distribute, transmit, perform and display such Communication and your name, voice, and/or likeness, in whole or in part, in any manner and in any media, format or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, in perpetuity throughout the universe, without any further notice or payment to or permission from you.  Company will have no obligation to use any Communications.

Company may, but is not obligated to, monitor or review Communications posted, uploaded or submitted by Site users and/or any areas on the Site where users transmit or post Communications or communicate with each other, including but not limited to comment sections, advertisement sections, blogs, bulletin boards or other user forums. Company is not in any manner responsible for the content of these Communications. You acknowledge that by providing you with the ability to view communications on the Site, Company is not undertaking any obligation or liability relating to any such communications, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. However, Company reserves the right to block or remove any Communications from any user, including without limitation any Communications that in its sole discretion Company determines violate the Code of Conduct.

Any opinions, advice, statements, or other information contained in Communications expressed or made available on the Site are those of the respective author(s) or distributor(s) and not of Company. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Communication.

Company reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your Communications, and Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links or promotional or distribution rights.  Nothing in these Terms obligates or may be deemed to obligate Company to sell, license or offer to sell or license any advertising, promotion or distribution rights.

ACCOUNT REGISTRATION AND SECURITY.

You may need to create an account to have access to all of the parts of the Site.  In consideration of your use of the Site, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).  You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site.  Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

THIRD PARTY ADVERTISEMENTS, SERVICES AND OFFERS.

Your interactions with organizations and/or individuals that advertise on the Site or that are found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or for the content of any offer, coupon, advertisement, solicitation or other material provided by any third party on the Site.  If there is a dispute between participants on this Site, or between any Site user and any third party, you understand and agree that Company is under no obligation to become involved.

Please use common sense when interacting with other users of the Site or third parties who provide advertisements or other material posted on the site.  Be careful to verify the legitimacy of any offer or proposed transaction.  Be wary of requests to wire funds, to provide your bank account number or to provide a cashier’s check or money order.

THIRD PARTY LINKS.

The Site may contain links to other sites on the Internet that are owned and/or operated by third parties (the “External Sites”).  Company has no control over these External Sites, all of which have separate privacy and data collection practices, independent of Company. Company is not responsible for the External Sites or the privacy practices or the content of such web sites. You access them at your own risk. Links do not imply that Company sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.

CODE OF CONDUCT. 

By accessing or using the Site or any feature provided via the Site, you agree to abide by the following standards of conduct.  You agree that you will not, and will not authorize or facilitate any attempt by another person or entity, to:

a.            Post, transmit, or cause to be displayed on the Site any Communication that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, in whole or in part, or that interferes with anyone’s use or enjoyment of the Site, as determined by Company.

b.            Post, transmit, or cause to be displayed on the Site any Communication that constitutes or contains any form of advertising or solicitation if posted in areas of the Site that are not designated for such purposes or emailed to users of the Site who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.

c.            Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Site.

d.            Gain unauthorized access to any computer system or nonpublic portion of the Site or interfere with or disrupt the Site, servers or networks connected to the Site.

e.            Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without that person’s consent or harvesting personally identifiable information about the Site’s users.

DISCLAIMER.

We make no warranties or representations about the accuracy or completeness of the information on the Site, the Site’s Content, any user Communications or the content of External Sites.

ALL OF THE CONTENT, COMMUNICATIONS, INFORMATION AND SERVICES CONTAINED IN AND/OR PROVIDED VIA THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT OR OTHER INFORMATION IN THE SITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.  TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE WEBSITES ACCESSED THROUGH ANY LINKS ON THE SITE.  THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE FROM THIS SITE.  IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE AND/OR ANY INFORMATION OR SERVICES MADE AVAILABLE VIA THE SITE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, EXCEED TWENTY-FIVE DOLLARS ($25).  THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms, your use of the Site (including negligent or wrongful conduct) and/or the use of the Site by any other person using your user account.

TERMINATION.

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason.  We may also block your access to our Site in the event that you (a) breach these Terms, (b) we are unable to verify or authenticate any information you provide to us, or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.

APPLICABLE LAW AND DISPUTES.

Access to the Site from territories where its content is illegal is prohibited.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of Site users and Company in connection with the Site, shall be governed by, and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California.  Any legal proceedings arising out of the use of the Site or relating to these Terms shall be instituted only in the federal or state courts located in the State of California, Alameda County, and each Site user consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Terms.

Company's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Company may assign its rights and duties hereunder to any party at any time.

Company makes no representation that the contents of the Site are appropriate or available for use in locations outside of the United States.  Those who choose to access this Site from locations outside of the United States do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

COPYRIGHTS AND TRADEMARKS.

The Site is the copyrighted property of Company.  The Site may include Content owned by others that is licensed to Company.  ALL RIGHTS RESERVED. All trademarks, service marks, and trade names are trademarks or registered trademarks of and are proprietary to Company or its licensors.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Company respects the intellectual property of others, and we ask our users and visitors to do the same. Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Company will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company the following information. Please be advised that to be effective, the Notice must include ALL of the following: 

1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Site;

4. your address, telephone number, and email address and all other information reasonably sufficient to permit Company to contact you; 

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:        

                       Institutional Real Estate, Inc.
                       Attn:  DMCA Legal Notice
                       2274 Camino Ramon
                       San Ramon, CA  94583
                       By Email: irei@irei.com

       (Please include "Notice of Infringement" in the subject line.)

IMPORTANT NOTE:  THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING COMPANY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.  ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

CONTACT US.

If these Terms do not address your question or if you would like to report a violation of our Code of Conduct, please contact us as follows:

Institutional Real Estate, Inc.
Attn: Terms of Use
2274 Camino Ramon
San Ramon, CA  94583

Copyright 2012 Institutional Real Estate, Inc.  All rights reserved.

ANNEX A

Important Securities Disclaimer

IREI is a publisher.  IREI does not provide investment advice. You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Site will not contain a list or description of relevant risk factors.

You understand that information and data on the Site is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made on our Site to articles and opinions published by others. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. Please be advised that the information found on the Site has not necessarily been reviewed and, therefore, the presentation of such information on the Site is not designed, and you may not rely on such information, to provide you with complete, accurate or reliable information.

The information and data posted on the Site is not intended for any purpose other than your personal consideration in light of other publicly disseminated data. IREI attempts to ensure that information provided on or in connection with this site is complete, accurate and current. Despite these efforts any information posted on the Site by IREI may be incomplete, incorrect or inaccurate, misleading and/or false. 

No Investment Recommendations or Professional Advice

The Site does not, and is not intended to; provide tax, legal, insurance or investment advice. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by IREI or any third party. You are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax, and/or investment professional regarding your specific legal or tax situation or investment decisions.

You specifically acknowledge that IREI is not liable for losses or gains arising out of content of any type on the Site, or damages or losses associated with any other use of the Site. You acknowledge that any investment decisions/recommendations you make are entirely at your election and that the Site and the content thereon, is solely one additional source of information.

Disclaimer of Warranties

The Site and the information included thereon is for general information purposes only and does not constitute an offer to sell or solicitation of an offer to purchase any security or any advisory or trading management service. Information and reports presented on the Site do not represent the views or recommendations of IREI, nor the opinion of IREI on whether to buy, sell or hold shares of any particular security.

Users of the Site are advised to conduct their own independent research into individual securities before making a purchase decision. In addition, investors are advised that past performance or portfolio performance is no guarantee of future price appreciation or performance.

Furthermore, IREI does not guarantee the accuracy or completeness of information on the Site, and does not assume any liability for any loss that may result from reliance by any person upon any such information or recommendations. Such information is for general information only.

SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

The Site is provided for informational purposes only, and no content included in the Site is intended for trading or investing purposes. If you intend to create or join any service, receive or request any publications, news, messages, alerts or other information from the Site concerning companies, investments or securities, IREI will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and will not be responsible or liable for any trading or investment decisions based on such information.