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Terms of Service and Privacy Policy

Terms of Service

last Updated May 13, 2018

***IMPORTANT, PLEASE READ THESE ONLINE TERMS OF SERVICE CAREFULLY.

Crelow LLC, a Delaware limited liability company (”Crelow,” ”we,” ”our” or ”us”), d/b/a DealBoard (”DealBoard,” ”DealBoard.org” ”we,” ”our,” ”us”), permits persons and companies (”Tenants”) that need rentable office, industrial, retail, or other types of Space (”Office Space,” ”Industrial Space,” ”Retail Space,” ”Other Space”), and Owners/Landlords (”Landlords”)who have available office, industrial, retail, or other types of Space to use the DealBoard.org website (the ”Site”) to facilitate commercial real estate transactions (the ”Service”). DealBoard also allows commercial real estate brokers who represent Tenants (”Tenant Reps”) on behalf of the Tenants they represent, and commercial real estate brokers who represent Landlords (”Landlord Reps”) on behalf of the Landlords they represent, and commercial real estate administrative assistants (”Admins”) who support Tenant Reps, Landlord Reps, or Landlords to access the Site. Use of the Service is conditioned upon acceptance of these Terms of Service (”Terms of Service””).

THIS SITE SERVES SOLELY AS A CONDUIT FOR THE SHARING OF INFORMATION BY AUTHORIZED USERS AND IT IS THE RESPONSIBILITY OF USERS TO CONFIRM THE ACCURACY AND SUITABILITY OF ANY INFORMATION ACCESSED OR OBTAINED THROUGH THIS SITE. NO ADVISORY, FIDUCIARY, OR OTHER PROFESSIONAL RELATIONSHIP WITH CRELOW OR DEALBOARD.ORG IS CREATED BY ACCESSING OR USING THIS SITE.

1. Acceptance of Terms of Service

These Terms of Service constitute a legal agreement between DealBoard and the Tenant or Landlord. It also creates legal commitments by any Landlord Rep or Tenant Rep and by you, as an employee or representative authorized to act on behalf of a Tenant, Landlord, Landlord Rep or Tenant Rep (we refer to you as an ”Authorized User,” ”you” or ”your”). The Tenant, Landlord, Landlord Rep or Tenant Rep is responsible for your acts and omissions as an Authorized User and for the acts of any individual using the username and password of Authorized Users.

If you desire to access and use the Service on behalf of a Tenant, Landlord, Landlord Rep and/or Tenant Rep, you will be required to agree to these Terms of Service on behalf of the Tenant, Landlord, Landlord Rep and/or Tenant Rep that you represent. By indicating your acceptance, you acknowledge that you have read, understand and agree to be bound by these Terms of Service. If you do not agree to be bound, you should not use the Service.

These Terms of Service include payment obligations and require both the Landlord and Tenant (including any Tenant Reps and Landlord Reps) to agree to a disclaimer of warranties, exclusive remedies and a disclaimer of liability, as well as indemnification by you, in Sections 14, 15, and 16. Please review those sections (and all other terms) carefully.

Please also review our Privacy Policy (below), which contains important information regarding the collection, use, disclosure and protection of your information. Your agreement to these Terms of Service includes your agreement to our Privacy Policy. If there is a conflict between these Terms of Service and the Privacy Policy, the Privacy Policy shall control on matters it covers, but these Terms of Service shall control on all other matters.

NOTE THAT, DealBoard may change the Service or these Terms of Service at any time. We will attempt to notify you of any change in the Terms of Service and encourage you to review our Site and these Terms of Service regularly for any changes. Your continued use of the Service will be deemed acceptance of these changes.

2. The Service

The Service allows Tenants, and Tenant Reps working on behalf of Tenants, to specify their Office Space needs, communicate those needs directly to the commercial real estate market as a whole, and gather non-binding bids (“Bids”) for Office Space from Landlords and Landlord Reps. The Service allows Tenants to remain anonymous during their search for Office Space until requesting a tour of a specific Office Space, if they so choose.

Tenant Reps representing specific Tenants may use the Service without charge and communicate, negotiate and collect customary commissions. The Service allows Landlords, and Landlord Reps on behalf of an Landlord, to submit non-binding Bids in response to postings by Tenants and Tenant Reps on the DealBoard.org Deal Board(s). The Service allows Landlords and Landlord Reps to counter-offer and/or affirm the commissions and/or fees requested by the Tenant Rep.

3. Eligibility to Use the Service; Registration

Tenants . If you are a User representing a Tenant and wish to use the Service, you must set up an Authorized User account by completing the registration process prior to submitting a Bid Request. As a User representing a Tenant, and by completing the registration process, you represent and warrant that you are authorized to bind the Tenant to these Terms of Service. As part of the registration process, you must provide DealBoard with accurate information about yourself and the Tenant, including: (a) your first name and last name, (b) the company name of the Tenant on whose behalf you are seeking Office Space, (c) the preferred telephone number of the Tenant, and (d) your individual business email address. (*Gmail and other free email domains are allowed but discouraged.) This information allows Users of DealBoard to confirm that the Tenant is a bona fide tenant in search of Office Space and that you represent the Tenant.

Landlord Reps. IIf you are a User representing a Landlord or a Landlord Rep, you must set up an Authorized User account by completing the registration process prior to submitting a non-binding Bid to a Tenant. As a User representing an Landlord or Landlord Rep, you represent and warrant that you are authorized to bind the Landlord or Landlord Rep to these Terms of Service. As part of the registration process, you must provide DealBoard with complete and accurate information about yourself and the Landlord or Landlord Rep, including: (a) your first and last name, (b) the preferred telephone number of the Landlord or Landlord Rep, (c) the name of the brokerage for whom the Landlord Rep provides professional services, and (d) the business email address of the Landlord or Landlord Rep. You may also be required to provide the name of the Property Owner on whose behalf you are submitting a Detailed Bid. This information allows Users of DealBoard to confirm that the Landlord is a bona fide Landlord or Landlord Rep seeking to let Office Space.

Tenant Reps. If you are a User representing a Tenant Rep, you must set up an Authorized User account by completing the registration process prior to submitting a Bid Request to the market and/or utilizing the Rep Matcher™ feature. As a User representing a Tenant Rep, you represent and warrant that you are authorized to bind the Tenant Rep to these Terms of Service. As part of the registration process, you must provide DealBoard with complete and accurate information about yourself and the Tenant Rep, including: (a) the first and last names of the Tenant Rep, (b) the preferred telephone number of the Tenant Rep, (c) the preferred business email address of the Tenant Rep, (c) the company name of the Tenant on whose behalf you are submitting Bid Requests, if applicable, and (d) the name of the brokerage for whom the Tenant Rep provides professional services. This information allows Users of DealBoard to confirm that the Tenant Rep is a bona fide commercial real estate professional in search of Office Space for Tenant clients.

As a User representing a Tenant, an Landlord, a Landlord Rep or a Tenant Rep, you represent and warrant that all information supplied by you in establishing your account(s) is accurate and complete, that you will maintain and promptly update the information, and that you consent to the storage of the information about you and the entity you represent. If DealBoard has reasonable grounds to suspect that your information is inaccurate or incomplete, DealBoard may in its sole and exclusive discretion suspend or terminate your account(s), disable your password and refuse any and all current and future use of the Service, without prior notice.

When you have completed the registration process, you will be authorized to use the Service until termination. Each Authorized User is entirely responsible for maintaining the confidentiality of usernames and passwords. You agree to immediately notify DealBoard of any known or suspected unauthorized use of your passwords, usernames or accounts or any other breach of security. To the maximum extent permitted by applicable law, DealBoard will not be liable for any loss that you may incur as a result of someone else using your passwords, usernames or accounts, either with or without your knowledge, or for any inaccuracies or omissions in your data. However, you or the Landlord or Tenant you represent could be held liable for losses incurred by DealBoard or a third party due to someone else’s use of your account, username or password.

4. Fees

As a Tenant, an Authorized User representing a Tenant, you acknowledge on behalf of the Tenant that the Tenant understands that:

  • DealBoard is designed to allow Tenants to find office space without the use of a Tenant Rep. If a Tenant Rep is used, many of the cost benefits of DealBoard will not be available to the Tenant, and the Tenant might be obligated to pay the Tenant Rep’s fee, which can be substantial.
  • While made in good faith, all Bids received from Landlords and Landlord Reps are non-binding.
  • If a Tenant engages a Tenant Rep on an hourly fee basis through use of DealBoard’s Rep Matcher™ service, it is the Tenant’s responsibility to negotiate and approve any fees that will be paid by the Tenant to the Tenant Rep for performance of services on the Tenant’s behalf, directly with the Tenant Rep, independent of the Tenant’s use, or the Tenant Rep’s use, of the Service. DealBoard does not receive any portion of any fee for use of Rep Matcher or any transaction in which a Tenant Rep is involved.

As a Landlord, or Landlord Rep, you agree on behalf of the Landlord or the Landlord Rep that:

  • The Landlord’s identity may be disclosed to Tenants and/or Tenant Reps in the Bid.
  • If a lease is signed with a Tenant introduced to the Landlord by a Tenant Rep through use of the Services, the Landlord will pay the Tenant Rep’s commission and/or fees as agreed upon through negotiations with the Tenant Rep

As a Tenant Rep, you acknowledge your understanding that:

  • The Tenant Rep will not pay to DealBoard nor receive from DealBoard any fees or commissions related to the Tenant Rep’s use of the Service or of Rep Matcher.
  • It is the responsibility of the Tenant Rep to negotiate commissions and/or fees, if any, with the Tenant, Landlord and/or Landlord Rep, independent of or through use of the Service, and to secure any commissions and/or fees due the Tenant Rep.

5. Permitted Use of the Service

Users are granted a limited revocable non-exclusive license to access the Site and Service solely for the purposes set forth in Section 2. If you have agreed to these Terms of Service and your rights have not been terminated, DealBoard will provide you access to the Service. You agree to access and use the Service solely for the purposes of accessing DealBoard’s applications, tools, interfaces, templates, designs, guidelines and other content and functionality incorporated into the Site “(DealBoard Content”). You understand that your access rights are personal, nonexclusive and nontransferable, that your rights may be terminated by DealBoard if you do not abide by these Terms of Service and that you may have liability to DealBoard and/or third parties if you misuse the Service.

6. Entering into Lease Agreements

You acknowledge and agree, on behalf of the Tenant, Landlord, Landlord Rep or Tenant Rep that you represent, that leases are agreements (that DealBoard is not a party to) between Tenants and Landlords and, to the greatest extent permitted by applicable law, on behalf of the entity you represent, you release all claims against DealBoard for any loss arising out of any lease or other matters. DealBoard makes no representation or warranty about Tenants, Tenant Reps, Landlords, or Landlord Reps whose information is made available through the Site, or about the Spaces displayed. Any actual or potential transaction between Users, including any disputes, are solely the responsibility of each User.

We encourage you to take reasonable measures to confirm the identity of the person and property you are dealing with and any relevant details regarding a property transaction.

7. Other Agreements and Restrictions

You are, or the Tenant, Tenant Rep, Landlord, or Landlord Rep you represent is, solely responsible for complying with all laws applicable to use of the Service. You agree that you shall not make any statements in connection with your use of the Service that are false or misleading. You are, or the Tenant, Tenant Rep, Landlord, or Landlord Rep you represent, is solely responsible for complying with all applicable terms and conditions imposed by third-party social networking services (including without limitation LinkedIn) used in connection with the Service.

If you believe someone has fraudulently taken actions under your account, you must notify DealBoard immediately at support@DealBoard.com. DealBoard reserves all rights in the Service not explicitly granted in these Terms of Service. Without limiting the foregoing, unless expressly permitted, you agree not to:

Crelow reserves all rights in the Service not explicitly granted in these Terms of Service. Without limiting the foregoing, unless expressly permitted, you agree not to:

  • translate, modify or create derivative works of the Service;
  • upload, download, recreate, display, perform, post, reproduce or copy the Service, except to the extent permitted in these Terms of Service;
  • disclose, publish, distribute, sell, assign, lease, sublicense or transfer the Service;
  • attempt to derive the source code, source files or structure of the software contained in the Service by reverse engineering, disassembly, decompilation or any other means;
  • use the Service to create a service bureau or for any other use involving processing of data for other persons or entities;
  • use the Service except in accordance with all applicable laws and regulations;
  • introduce into the Service any “malware,” such as, but not limited to, viruses, worms and Trojan Horses;
  • use deep-links, page scrapes, web crawlers, web robots, spiders, wanderers, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with the Service, or use other automated processes to access or use the Service;
  • attempt to access the accounts of any user of the Service other than your own account, unless explicit permission to do so through the Service’s “user impersonation” feature has been granted by a Tenant Rep or Landlord Rep user to an Admin user supporting him/her;
  • post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law;
  • use the Service in any manner that could damage, disable, undermine, overburden or impair the Service or the servers on which it runs or interfere with any other party’s use of the Service;
  • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service; or
  • use any of the logos, trademarks, service marks or other indicators of origin appearing on the Service.

8. SMS Text Message Service

When you opt in to and use DealBoard’s SMS Text Message Service (the ”SMS Service”), you assume the financial responsibilities of the mobile phone account through which the SMS Service is being accessed. By subscribing to the SMS Service you are consenting to receive SMS text messages on a recurring basis. DealBoard is not responsible for individuals claiming they did not authorize the use of their mobile phone for the SMS Service.

Your mobile carrier’s standard messaging and data rates may apply to text messages we send to you and text messages you send to us. DealBoard does not charge you for receiving or sending text messages through the SMS Service. DealBoard has no responsibility or liability in respect of any messaging fees, data charges or other charges charged by your mobile carrier for your use of the SMS Service or for any other loss or damage which may be caused by your use of the SMS Service.

DealBoard is not liable for any delays or failures in the receipt of any text messages sent to or from you in connection with the SMS Service. Delivery depends on effective transmission by your mobile carrier. We provide the SMS Service on an ”as is” basis.

Consent to the use of SMS Service is not a condition of participating in the Service. If at any time you choose not to receive text messages via the SMS Service, you can unsubscribe by texting STOP as provided in the text message.

9. Copyrights and Other Proprietary Rights

On behalf of yourself and the Tenant, Landlord, Landlord Rep or Tenant Rep you represent, you acknowledge and agree that DealBoard and its licensors retain all ownership rights in the Service, including the Site, all DealBoard software technology that is incorporated into or made available through the Site, any downloadable software or related technical information for Site integration (including, if applicable, application program interfaces) that is made available through the Site and all modifications and improvements thereto (”DealBoard Technology”) and that neither you nor the Tenant, Landlord, Landlord Rep or Tenant Rep that you represent acquires any ownership rights or license rights, except as set forth herein, by accessing the Site or using the Service or consenting to these Terms of Service. The entire content of the Service, the Site and the DealBoard Technology, including but not limited to text, design, software, photographs, video, graphics, music, sound, information and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content).

10.User-generated Content

DealBoard is not responsible for User contributed content, including information about office, industrial, retail, or other types of space for lease or purchase, text, pictures, videos, links, company names, logos, brochures and any other materials you submit through use of the Service (”Content”), and we have no duty to pre-screen Content posted on the Site by Users. When you contribute Content to DealBoard, you expressly allow DealBoard to use that Content for the purpose of providing the Service to you and other users, and for promoting the Service. DealBoard does not claim ownership right to user-generated Content. However, by posting or sharing Content, you grant DealBoard and our third-party partners a non-exclusive, fully-paid, royalty-free, fully sub licensable, transferable, irrevocable, worldwide license under any of your applicable intellectual property or other rights protecting the Content to use, modify, publicly display, reproduce, prepare derivative works of and distribute the Content (in whole or in part) in conjunction with providing and promoting the Service.

We reserve the right to remove any Content from the Service at any time, in our sole discretion, including (without limitation) because it does or we believe it may infringe another party’s rights. When we discover or become aware of a rights violation or any of our terms or policies, we may remove your Content from the Site, in whole or in part, or make it inaccessible through Service. We reserve the right to terminate your DealBoard Account and your use of the Service for repeated violation/s of this Policy in our sole and absolute discretion.

By posting, submitting or transmitting any Content, or by directing or authorizing us to collect Content from websites to which you have directed us, you represent and warrant to us that:

  • No information contained in your Content is known by you to be false, inaccurate or misleading;
  • Your Content is not malicious, defamatory, obscene, pornographic, abusive or threatening, or promoting any illegal or immoral activities;
  • Your Content does not contain any viruses, worms, spyware, adware or other potentially damaging programs or files;
  • Your Content does not contain any information that you know, consider or have reason to believe to be confidential or proprietary;
  • You have full right and authority to submit, post, input or upload your Content;
  • Contributing Content to the Service and sharing it with one or more users of the Service does not violate the privacy rights, publicity rights, copyrights, trademark or service mark rights, patent rights, trade secrets, or any other protected rights of any person or entity, and does not constitute a breach of any agreement with any other person or entity.

You further agree that any Space you promote through the Service will contain only accurate information and that you are authorized to post, submit, upload or transmit Content related to it, including but not limited to address, availability of specific spaces, prices, descriptions of features and attributes, and pictures of the exterior and interior of buildings or spaces.

Content Data

You acknowledge that DealBoard owns all right, title and interest in and to any data that is collected by us based on your use of and interaction with the Service, including user behavior. You also acknowledge that DealBoard may use such Data for any lawful purpose without a duty of accounting, including without limitation to:

  • Provide the Service to you and others
  • Develop, monitor and improve the Service
  • Conduct routine security inspections and prevent unauthorized use of the Service
  • Collect, develop, create, extract or generate statistics and compile, synthesize and analyze such statistical data, provided that DealBoard will only use this data as provided in this Agreement.

11. Copyright Infringement and DMCA Policy

The DealBoard Site is designed to enable users to upload, store and share pictures and descriptions of commercial real estate space along with other user-generated content, As a condition of using the Service, we require users to agree that by posting and sharing Content they are not violating the copyrights or any other rights of any person or entity.

If you believe in good faith that materials displayed on or accessible through use of the Service violates your copyrights, you may file a notice of infringement with DealBoard and request removal of access or removal of these materials from the Site. DealBoard will respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”) and are submitted in accordance with this DMCA Policy. If you are the copyright owner or an authorized agent of the copyright owner and wish to file a notice of infringement with us, email copyright-agent@DealBoard.com. DealBoard may, at its sole discretions, send a copy of the DMCA infringement notice, including contact information of the copyright owner or authorized agent, to the user who provided the Content, who may refute the infringement claim by submitting a counter-notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages under section 512(f) of the DMCA.

12. Confidential Information

For purposes of this section ”Confidential Information” means information relating to the products, services or business affairs of DealBoard which is of a proprietary or confidential nature, whether communicated orally or in writing, including, but not limited to, pricing information, the Site’s concepts, techniques, processes, designs, documentation, flowcharts, diagrams, instructions, computer programs, technical know-how, information and trade secrets disclosed by DealBoard to Authorized Users through use of the Site, and anything else related to the DealBoard Technology that can be derived from use of the Site. Confidential Information also includes any information DealBoard receives from third parties that DealBoard is obligated to treat as confidential or proprietary.

You acknowledge and agree, on behalf of yourself and the Tenant, Landlord, Landlord Broker or Tenant Broker that you represent that:

  • irreparable injury and damage may result from disclosure of the Confidential Information to unauthorized third parties or from use of the Confidential Information for any purpose other than as expressly contemplated by the Site;
  • you will not, without the prior written consent of DealBoard, disclose any Confidential Information to any third party, other than personnel of the Tenant, Landlord, Landlord Rep or Tenant Rep who are bound by obligations of confidentiality consistent with this Section 10 and who need to know the Confidential Information;
  • you will not use the Confidential Information except to perform your obligations and exercise your rights under these Terms of Service;
  • you will take all necessary security precautions to protect the Confidential Information from unauthorized disclosure; and
  • upon DealBoard’s request, you will promptly return to DealBoard all written material, in whatever form or media, containing or reflecting any Confidential Information of DealBoard.
  • you will not be in breach of this section if you disclose Confidential Information pursuant to subpoena or other compulsory judicial process, provided you promptly notify DealBoard of the subpoena or other compulsory process, and provide reasonable assistance to DealBoard, at DealBoard’s expense, if DealBoard determines to seek a protective order or take other action to protect its interests.

13. Disclaimer

DEALBOARD DOES NOT WARRANT THE SUITABILITY OR ACCURACY OF ANY INFORMATION ACCESSED VIA THE SITE AND IT IS THE RESPONSIBILITY OF USERS TO CONFIRM ANY INFORMATION OBTAINED INCLUDING THE CONFIRMATION OF ANY USER IDENTITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND DEALBOARD AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHERMORE, DEALBOARD AND ITS LICENSORS AND VENDORS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE OR THAT THE USE OF THE SERVICE WILL COMPLY WITH THE RULES OF ANY THIRD PARTY SOCIAL NETWORKING WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

14. Exclusive Remedy

If you are dissatisfied with the Service (including without limitation these Terms of Service), your sole and exclusive remedy is to discontinue using the Service.

15. Limitations on Liability

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SERVICE OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEALBOARD AND ITS VENDORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST OR CORRUPTED DATA OR CONTENT, ANY ERRORS CAUSED BY THE TOOLS AVAILABLE THROUGH THE WEBSITE OR SERVICE, ANY TERMINATION, SUSPENSION OR OTHER LOSS OF YOUR OR A THIRD PARTY’S SOCIAL NETWORKING ACCOUNT OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF USE OF THE SERVICE OR ANY SUBJECT MATTER OF THESE TERMS OF SERVICE, EVEN IF DEALBOARD HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES UNDER ANY THEORY OF LIABILITY. IN NO EVENT WILL DEALBOARD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE WHICH IN THE AGGREGATE IS MORE THAN ONE HUNDRED DOLLARS ($100.00).

16. Indemnification and Release

In the event you have a dispute with any User of the Site or any third party regarding any transaction based on information accessed through the Site you hereby agree to release, and forever discharge DealBoard from any and all manner of claims, complaints, demands, causes of action, liabilities, damages, and actions of any nature which may relate to, or are connected with such dispute and or your use of this Site

On behalf of the Tenant, Tenant Rep, Owner/Landlord, or Landlord Red that you represent, you agree that they will indemnify and hold harmless DealBoard and its licensors, vendors, insurers, agents and commercial partners and their respective officers, directors, stockholders, employees and agents, from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, that arise from any content or data you post, transmit or link from on the Site or the Service, your misuse of the Site or the Service, including, but not limited to, your violation of these Terms of Service, your violation of applicable law, or your violation of any rights of any third party, including without limitation any potential or actual communication, transaction, or dispute between you and any other User or third party.

17. Termination

DealBoard reserves the right to terminate, suspend or deny, in its sole discretion, your access to all or any portion of the Service, without prior notice, if (a) you breach or threaten to breach these Terms of Service, (b) an officer or executive of the Tenant, Landlord, Landlord Rep or Tenant Rep informs us in writing that you are no longer authorized to use the Service, or (c) no activity occurs in your account for a period of one hundred and eighty (180) days. Upon termination of these Terms of Service, you acknowledge and agree that DealBoard may immediately deactivate or delete your account and all related data and files in your account, bar any further access to such data, files and the Service, and disable your password on termination of these Terms of Service. The following terms shall survive any termination of these Terms of Service: Sections 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16.

18. Governing Law; Jurisdiction; Venue

DealBoard controls the Service from its offices within the United States, and the data you input is stored in servers managed by DealBoard in the United States. DealBoard makes no representation that the Service is appropriate, may be downloaded, or is available for use outside the United States. Access to the Service where the content or access or use of the Service is illegal is prohibited. Those who choose to access and use the Service from outside the United States do so at their own risk and are responsible for compliance with applicable local laws and U.S. export and other applicable laws.

These Terms of Service are governed by the laws of the State of Minnesota, without reference to its conflicts of law principles, except that the federal law of the United States shall apply to questions regarding the validity, infringement or enforceability of U.S. federal patent, copyright and trademark rights relating in any way to these Terms of Service, or the Service. You agree, on behalf of yourself and the Tenant, Tenant’s Rep, Landlord or Landlord’s Rep, to submit to the exclusive jurisdiction of, and waive any venue objections and defenses of lack of personal jurisdiction against, the State and Federal courts located in Minnesota. You acknowledge that a breach or threatened breach of Sections 8 and 9 would cause DealBoard irreparable injury and damage, and that DealBoard shall be entitled, in addition to any other remedies it may have, to preliminary and permanent injunctive and other equitable relief to prevent or curtail any actual or threatened breach in any court of competent jurisdiction.

17. Miscellaneous Terms

If any provision of these Terms of Service is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. The failure of DealBoard to require performance of any provision of these Terms of Service will not affect its right to require performance at any time in the future; nor will the waiver of a breach of any provision be taken or held to be a waiver of the provision itself. These Terms of Service (including without limitation our Privacy Policy) are the entire and exclusive agreement between DealBoard and you, individually and on behalf of the Tenant, Tenant’s Broker, Landlord or Landlord’s Broker that you represent. Neither you nor they may assign this agreement, in whole or in part, including by operation of law, without DealBoard’s prior written consent. DealBoard may freely assign this agreement and delegate its obligations hereunder. Except as otherwise provided herein, any notice permitted or required to be given under these Terms of Service shall be deemed sufficient if given by registered or certified mail, postage prepaid, return receipt requested, by private courier service or by facsimile or email addressed to your address as provided upon your registration and/or to DealBoard at 4625 Churchill St, Suite 201, Shoreview, MN 55126, attn.: Legal Officer or to such other addresses as the parties may designate by like notice from time to time. A notice so given shall be effective upon (a) receipt by the party to which the notice is given, or (b) on the fifth day following domestic mailing or the tenth day following international mailing, whichever occurs first. Any notice permitted under this agreement to be given to DealBoard via email will be effective only upon actual receipt by DealBoard of an email message from an email address registered in connection with your account. Any delays in performance by DealBoard under this agreement will not be considered a breach of this agreement. There are no third party beneficiaries to this agreement.

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Privacy Policy

last updated May 13, 2018

Information We Collect

By visiting DealBoard.org (the &rdquote;Site”) or using the Service (as defined in the Terms of Service) you are accepting the practices outlined in this Privacy Policy and our Terms of Service.

We at DealBoard.org recognize that giving us your personal information is an act of trust. This privacy policy is here to tell you what we will and — perhaps more importantly —will not do with your information, and what you get in return for providing it to us.

Forms: We may, at times, ask for and collect personally identifiable information about you and the entity that you represent. This could include your name, address, email address, phone number, and similar information. If you are ever asked to make a payment by credit card, debit card or direct debit via ACH or similar electronic payment protocols, DealBoard does not and will not store your card number, CVC code, card expiration date, bank routing number, or bank account number.

Not Intended for Children: This Site is not intended for children and we do not knowingly collect personal information from children under the age of thirteen

Surveys: We may conduct online surveys from time to time. You may see a pop-up window offering you the opportunity to participate in a survey. These surveys are entirely voluntary and you may always decline to participate.

Website Usage Information: We automatically collect IP addresses and Website usage information from you when you visit our Site. Some of this information is gathered through the use of Cookies. (A cookie is a string of information sent by a Website and stored on your hard drive or temporarily in your computer’s memory.) You may choose not to allow Cookies to be set by the Site through your Web browser preferences, and you can remove Cookies stored on your computer at any time. Doing so may preclude you from using or taking advantage of certain features of the site.

Information we collect on the Site helps us evaluate how our visitors use and navigate the Site on an aggregate basis, including the number and frequency of visitors to each Web page, the length of their visits, the types of devices and browsers they’re using to access our Site, what part of the world they’re visiting us from, and actions they may have taken on our Site — filling out a form or clicking on a promotional button, for example.

NOTE: We may make content or services from other Websites, including affiliated or co-branded sites and other third-party service providers, available to you from links located on our Site. These other Websites are not subject to this Privacy Policy. We recommend that you review the privacy policy at each such Website to determine how that site protects your privacy.

Data Security

The personally identifiable information we collect about you is stored in secure limited access database servers at one or more off-site locations. We and our hosting provider will take reasonable precautions and maintain safeguards to ensure the security of these servers and to protect your personally identifiable information.

How We Use Information Collected

We may use information we collect in the following ways:

  • For the purposes for which you specifically provided the information including, but not limited to, submitting Bid Requests or Bids, introducing you to other parties, or contacting you
  • To send you notifications about new products and services or limited time special offers
  • To contact you about your account with us
  • To enhance existing features or develop new features, products and services
  • To allow us to personalize the content you see based on personal characteristics or preferences
  • To provide third party partners, including but not limited to local and regonial Commercial Real Estate Associations who sponsor or provide DealBoard as a benefit to their members, with information about their members
  • To provide third parties with aggregate information about our user base and usage patterns

We may share parts of the information we have collected from you on the Site with third-party providers to ensure you do not receive duplicate product/service announcements and/or offers. And we may combine information we collect from you on the Site with information you have provided us through your use of other products, services, Websites or social networks.

We may also disclose your information:

  • In response to a subpoena or similar investigative demand, court order, or request for cooperation from law enforcement or another government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
  • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our terms and conditions or other agreements or policies.

WE WILL NOT RENT OR SELL PERSONALLY IDENTIFIABLE INFORMATION YOU PROVIDE OR INFORMATION WE COLLECT ABOUT YOU TO ANY OTHER PARTY. EVER.

Questions

If you have questions, we want to hear them. E-mail us at support@DealBoard.org. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card, debit card, bank account numbers or other sensitive information in your e-mail correspondence with us.

Updates

DealBoard may update this Privacy Policy at any time to conform to changes in law or interpretation, or to better protect you. We encourage you to review our Site and this Privacy Policy regularly for any changes.

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