Terms and Conditions of Use

American Realty Alliance ("ARA") requires that all the visitors to FindCommercialRealEstate.com (the “Site”) adhere to the rules set forth in these Terms and Conditions of Use ("Agreement"). By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions including, but not limited to, the Privacy Policy and other rules posted from time to time all of which are incorporated herein by reference. Please read this document carefully before accessing or using the Site. If you do not wish to be bound by these terms and conditions, you may not access or use the Site or the services provided through the Site. ARA may modify this Agreement from to time and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the service shall be deemed your acceptance of the modified agreement.

The Site is not intended for use by persons thirteen years old and younger. Individuals who are thirteen and under are expressly prohibited from submitting or posting to the Site any personally identifiable information about themselves.

1. Use of the Site

All information, text, graphics, software and other content that comprise this Site (“Information”) are the property of ARA or its licensors. You understand that, except for information, products or services clearly identified as being supplied by ARA, ARA does not operate, control or endorse any information, products or services on the Internet in any way. Except for ARA-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with ARA and are not subject to ARA’s control and ARA has no liability in connection with your use of said information, products or services. You also understand that ARA cannot and does not guarantee or warrant that Information available for downloading through the Site will be free of viruses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site and the Internet.

2. Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

3. Rights in Site Content

The entire contents of the Site are copyrighted under the United States copyright laws. The owner of the copyright is ARA. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use. Any copying, redistribution, publication, modification, reproduction, creation of derivative works, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of ARA or the applicable third party Information provider to the Site. You agree not to change or delete any proprietary notices from materials downloaded from the Site.

4. Confidentiality of User Communications

Except as required by law and as set forth in the ARA Privacy Policy, ARA will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to ARA. Postings by a user on any message board or in any chat room will not be protected as confidential. However, you acknowledge and agree that by providing ARA with any personal proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with ARA’s standard business practice.

5. Submissions

All information submitted to ARA via this Site shall be deemed and remain the property of ARA and ARA shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides ARA through this Site. ARA shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by ARA or required by law. Nothing contained herein shall be construed as limiting or reducing ARA's responsibilities and obligations to customers in accordance with the ARA Privacy Policy.

ARA is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. ARA has no control over and accepts no responsibility whatsoever for such materials. Notwithstanding the above, ARA may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:

Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

• Advertisements or solicitations of any kind.
• Messages posted by users impersonating others.
• Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
• Messages by non-spokesperson employees of ARA purporting to speak on behalf of ARA.
• Messages that offer unauthorized downloads of any copyrighted or private information.
• Multiple messages placed within individual folders by the same user restating the same point.
• Chain letters of any kind.

Users can be held liable for any illegal or prohibited user content they provide to the Site or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Site is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible on or through the Site anything that:

• Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious;
• Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
• Is or could be harmful to minors;
• Harasses or advocates harassment of another person;
• Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing (or "spamming");
• Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
• Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
• Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
• Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
• Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by ARA or any other party;
• Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
• Otherwise violates any local, state, national or other applicable law or regulation.

Further, you hereby represent and warrant that you will not:

• Impersonate any person or entity, including a ARA officer or employee, or falsely misrepresent your affiliation with any other person or entity;
• Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any user content posted or transmitted through or on the Site;
• Engage in commercial activities and/or sales without ARA's prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
• Post or transmit any Content that you do not have the right to post or transmit;
• Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
• Disrupt the ordinary flow and operation of any portion of the Site, including causing a screen to scroll faster than another User may be able to type in a chat room or bulletin board environment;
• Interfere with or disrupt the Site or any server or network involved with the operation of the Site;
• Stalk or harass any other person; or
• Collect or "harvest" from the Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.

ARA reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your ability to access the Site, for any reason, including without limitation any breach by you of this Agreement or conduct by you that ARA determines to be inappropriate.

6. Linked Sites

This Site may contain links and pointers to websites maintained by third parties. ARA does not operate or control, in any respect, any information products or services on such third party sites and is not responsible for the content, information or representations on any other websites. ARA does not endorse or recommend any products or services offered or information contained at that website. Inclusion of third party links and pointers is solely for your convenience and does not constitute any endorsement by ARA or its content providers. Access to any other websites linked to the Site is solely at your own risk. Also, such third party websites may have a privacy policy different from that of ARA and the third party website may provide less security than the Site.

7. Availability

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

8. ARA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED OR ACCESSED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND ARA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. ARA does not warrant or guarantee the accuracy, adequacy quality, currentness, validity, timeliness, completeness or suitability of any Information for any purpose. ARA does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. No advice or information, whether oral or written, obtained by you from ARA or from the Site shall create any warranty not expressly stated in the Agreement. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither ARA nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. The Site is provided on an "as is and as available" basis.

9. Limitation of Liability

In no event will ARA be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, cover, and the like) arising out of the your use of or inability to use the Site, for your review of or use of any information, or transactions provided on the Site or downloaded from the Site or for any advice or service provided to you by any Real Estate Professional you retain as a result of a referral provided to you by ARA, even if ARA or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Site and/or materials or information downloaded through the Site. ARA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ARA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

ARA has no control over and shall have no liability for the quality or legality of any services provided by any of the Real Estate Professionals to you. Neither ARA nor the Site provide landscape architecture services of any kind. By using the Site, you agree that ARA and its managers, members, managers’ officers, directors, employees and agents, members’ officers, directors, employees and agents, officers, agents and employees have no liability whatsoever for any claims, damages or demands of any kind in connection with your use of the Site, your retention of any Real Estate Professional referred to you by ARA through the Site, any service or advice provided to you by any such Real Estate Professional or in connection with any disputes resulting from referrals to Real Estate Professionals provided to you by ARA. You agree to indemnify and hold harmless ARA and its managers, members, managers’ officers, directors, employees and agents, members’ officers, directors, employees and agents, officers, agents and employees from any claim, damage, or demand made by any third party as a result of your use of the Site.

In no event will ARA be liable for any damages in excess of one hundred United States dollars ($100.00). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, ARA's liability is limited to the greatest extent permitted by law.

10. Indemnification.

You agree to indemnify, defend and hold harmless ARA, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.

11. Termination

This Agreement may be terminated by ARA without notice at any time for any reason. The provisions of paragraphs 1 (Use of the Site) 3 (Rights in Site Content), 5 (Submissions), 10 (Indemnification), and 12 (Miscellaneous) shall survive any termination of this Agreement.

12. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of the State of Illinois, notwithstanding any conflicts of law provisions. You agree that any legal action or proceeding between ARA and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Cook County, Illinois. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ARA's failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. You may not assign your rights and duties under this Agreement to any party at any time. The section titles herein are for convenience only and have no legal or contractual effect. This is the entire agreement between the parties relating the subject matter herein. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of this Agreement.

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by ARA. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

© American Realty Alliance 2005. All rights reserved.

Please direct any questions you may have about this Agreement, or any other legal matters, to the following address:

Customer Service
American Realty Alliance
420 N. Wabash Ste. 201
Chicago, IL 60611