Términos de uso

GENERAL TERM AND CONDITIONS

The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the InmoLink web site (located at http://www.InmoLink.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and InmoLink, LLC. ("InmoLink" or the "Company"). You also agree to the InmoLink Listing Policy & Guidelines (the "Listing Policies") available by hyperlink at the top of this page.

If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Chief Financial Officer, InmoLink, LLC., 1401 Brickell Avennue, Suite 320, Miami, Fl. 33131. InmoLink may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the InmoLink website.

GENERAL PROVISIONS

Membership Privileges

Membership privileges are granted by InmoLink to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the InmoLink web site without express written permission from InmoLink. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of InmoLink. InmoLink requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the InmoLink system. Members are not permitted to share their individual logon information with others. InmoLink has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the InmoLink website, or abuses their rights related to the InmoLink service. Upon registration, which is free, Customer becomes a Basic Member. A Basic Member may search the InmoLink property listings Service, and will receive a subset of results of the available properties matching the Customer's designated search parameters. In order to view all the available results for a given search, the Customer must upgrade to a Premium Subscription. A Basic Member may also list properties on the Service, but such Customer's listings will only be able to be fully accessed and viewed in the search results of Premium Subscribers.

InmoLink utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant InmoLink the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes InmoLink determines to be relevant LLCluding, but not limited to, system messages, product updates, service announcements and other marketing messages. InmoLink will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will InmoLink have any liability for sending any email to its registered users/customers.

Submission and Administration of Listings

Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to InmoLink unless the Customer has received all necessary rights and authorizations, LLCluding from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on InmoLink's website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the InmoLink website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the InmoLink website. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website, the InmoLink website and other InmoLink partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the InmoLink website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the InmoLink system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the InmoLink website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to InmoLink. InmoLink may add digital watermarks to certain parts of your property listing, LLCluding photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.

Use of Information

Customer agrees to treat all information obtained from the Service, LLCluding listings, member directory, historical transaction information ("RecentSales"), and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to InmoLink. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of InmoLink. InmoLink does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the active property listings in the Service and/or the RecentSales information solely to obtain initial information from which further evaluation and investigation may commence.

InmoLink Investment Market Reports and other similar information, reports and services (individually and collectively "InmoLink Market Reports"), the Service, and any and all Content offered by InmoLink to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY INMOLINK, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Customer shall limit access to and use of active property listings, member directory, InmoLink Market Reports, and RecentSales information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the InmoLink Service as part of any effort to compete with InmoLink, LLCluding without limitation using the InmoLink Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential InmoLink customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the InmoLink Service. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.

Nature of Customer's Business

If Customer or an Affiliate of Customer owns properties and intends to market them directly via the Service, ProspectList (formerly PropertyPush) or LoopLink, such Customer represents to InmoLink that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.

Payment Terms

Customer agrees to pay for all products ordered through the InmoLink web site or via the InmoLink sales team using the payment method indicated, and provides InmoLink express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of InmoLink products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs LLCurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, InmoLink may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any LLCentives or discounts provided for said prepayment. A customer choosing to cancel a prepaid subscription prior to the end of its prepaid term may also be subject to a $15 processing fee. No partial month refunds will be provided.

Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the InmoLink Web site at http://www.InmoLink.com/ProductCancellations three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with InmoLink. If Customer has a question about a cancellation, Customer should contact InmoLink Client Services at Help@InmoLink.com or at 888-567-7442. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.

It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (LLCluding phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab within the "My InmoLink" section, once Customer has logged into www.InmoLink.com. InmoLink does not validate all credit card information required by the Customer's payment provider to secure payment.

The Customer must notify InmoLink about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to InmoLink's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.

Premium Subscriptions

InmoLink offers two distLLCt paid subscription membership products to its active commercial property listing service: (i) a paid subscription product for those Customers who primarily utilize the Service to actively list and market commercial properties available for sale and/or for lease ("Premium Membership for Professionals" or "Premium Professional Membership"), and (ii) a paid subscription product for those Customers who primarily utilize the Service to actively search for commercial properties available for sale and/or for lease ("Premium Membership for Searchers" or "Premium Search Membership") (Premium Membership for Professionals and Premium Membership for Searchers collectively, "Premium Subscriptions"). A Customer who purchases either a Premium Professional Membership or a Premium Search Membership is a "Premium User." Premium Subscription privileges are granted by InmoLink to individuals exclusively and are granted specifically to the subscribing Premium User only. Premium Subscription rights can not be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium User without the express written permission of InmoLink. Premium Subscription privileges are subject to change from time to time and may be subject to property listing, property searching, and member directory searching limitations. Under Premium Professional Membership, one (1), four (4) and ten (10) Premium Listing Plans are available for purchase online; higher Premium Listing Plans are available for purchase by calling (888) 567-7442 or emailing MemberServices@InmoLink.com. Any listing on which the Primary Contact is a Premium Professional Member and is within Plan will receive Premium exposure; listings above Plan will receive exposure as Basic listings. Two-week Premium Professional Membership trials will receive a four (4) Premium Listing Plan. Customer acknowledges that InmoLink (in addition to its other remedies) can cancel and prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. InmoLink also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Membership subscriptions continue to renew at the prevailing level regardless of Customer's listing or searching activity on InmoLink.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the InmoLink Web site at http://www.InmoLink.com/ProductCancellations three (3) days prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.

After adding a listing at the Basic exposure level, the Customer will have the option to change current membership level to a Premium Professional Membership with a Premium Listing Plan which will provide Premium exposure for the listing. For all Plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer's subscription rate will be adjusted commencing with the next bill date. If Customer was above Plan, Service will upgrade the most recently created Basic Listings to Premium until Customer is within Plan. Prepaid fees on such Premium Search Memberships when converted to a Premium Professional Membership will be allocated based on the number of months remaining on the contract period, beginning with the month following receipt of the Premium User's request to change from Premium Search Membership to Premium Professional Membership, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any LLCentives or discounts provided for said prepayment. No partial month refunds will be provided. Premium Users may change current membership level to a lower Premium Listing Plan or to a Premium Search Membership by clicking to "Change Plan or Cancel Membership" under "My Account". Service will downgrade the earliest created Premium Listing to a Basic Listing until Customer is within Plan or there are no additional listings to downgrade. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of online request submission to change membership level, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any LLCentives or discounts provided for said prepayment. No partial month refunds will be provided.

Premium Users have the right to purchase certain other InmoLink products or services on the InmoLink website at a price of ten percent (10%) less than the then-prevailing list price for these products or services ("Premium Discount Price"). In order to be eligible for the Premium Discount Price, your Premium Subscription must be current and active, in good standing, and not have any outstanding delinquent charges. InmoLink products and services offered on the InmoLink website available for the Premium Discount Price LLClude: RecentSales subscriptions; Professional Profile. The Premium Discount Price does not apply to any other InmoLink products or services. Customers who purchase two-week Premium Professional Membership trials and Single 24-Hour Premium Searching are not eligible for the Premium Discount Price on additional purchases. Premium Users who have existing subscriptions for RecentSales (in accordance with the provisions detailed in the RecentSales Subscriptions section immediately below) may contact MemberServices@InmoLink.com to receive the Premium Discount Price on their subscriptions, commencing with the next billing cycle; however, no refunds, adjustments, and/or credits will be given for past monies paid on such RecentSales subscriptions.

RecentSales Subscriptions

RecentSales subscription privileges are granted by InmoLink to individuals exclusively and are granted specifically to the subscribing individual only. RecentSales subscription rights can not be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing individual without the express written permission of InmoLink. RecentSales subscription privileges are subject to change from time to time and are subject to record retrieval limitations of no more than 100 RecentSales detailed information records per month (the "Monthly Cap"). On the attempt to view the 101st RecentSales detailed information record in a given month, InmoLink will inform such subscriber with an online informational message indicating: (i) that such subscriber has reached the Monthly Cap; (ii) that InmoLink may, at its sole discretion, grant such subscriber an additional twenty-five (25) RecentSales detailed information records free of charge for that month; and (iii) should such subscriber exceed the 125 RecentSales detailed information record threshold for that month, such subscriber will be assessed the per-record price as indicated in the online information message beginning with the retrieval of the 126th RecentSales detailed information record in that month. Customer acknowledges that InmoLink (in addition to its other remedies) can cancel and prohibit RecentSales subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all RecentSales subscription privileges. InmoLink also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate RecentSales subscription privileges. RecentSales subscriptions will automatically renew at the prevailing monthly subscription cost and the credit card number provided for initial payment will be charged accordingly unless the Customer contacts InmoLink Client Services three (3) days prior to the renewal date to cancel such subscription. Customer may cancel their InmoLink product membership by visiting http://www.InmoLink.com/ProductCancellations. Upon cancellation of a RecentSales subscription, Customer will not retain the right to view any previously retrieved RecentSales detailed information records stored in Customer's RecentSales account folder, and such records will not be reinserted in Customer's folder should such Customer cancel his/her RecentSales subscription and subsequently re-subscribe at a later date. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.

Single Term Purchases

Customer acknowledges that fees paid for each and every single term purchase item LLCluding two-week Premium Professional Membership trials, 24-Hour Premium Searching, Individual RecentSales detailed information records purchased without a RecentSales subscription, Single Premium Listings, Basic Listing Distribution Upgrade, Showcase Property purchases, and Investment Market Reports are specific to that purchase item, are non-refundable, and may not be applied to another single term purchase item or subscription purchase. The Premium Professional benefits for individually purchased Single Premium Listings will expire 90 days from the date of purchase. After 90 days, the listing will remain on the InmoLink web site, but it will revert to a Basic Listing.

Unsolicited Commercial Email (Spam)

InmoLink prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Broker, Email a Friend service or other email services that InmoLink offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. InmoLink has the right to revoke the privileges of any customer or company that breaches these terms.

Ownership and License Grant

InmoLink retains all rights (LLCluding Intellectual Property Rights as defined below), title and interest in the InmoLink Web site, ProspectList (formerly PropertyPush) technology and brochures, Email Alert (formerly PropertyAlert, formerly LoopLeads) database, LoopLink technology, SiteBuilder (formerly CuttingEdge) technology, and all underlying technology and data LLCluding any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of InmoLink's technology or delete or alter author attributes or copyright notices. Customer shall use the InmoLink system solely for their own use and shall not allow others to use the InmoLink system under or through that Customer's login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, LLCluding without limitation, (a) all rights associated with works of authorship LLCluding without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Limitation of Liability and Indemnification

IN NO EVENT SHALL INMOLINK BE LIABLE FOR ANY INDIRECT, SPECIAL, LLCIDENTAL OR CONSEQUENTIAL DAMAGES (LLCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and InmoLink's entire liability under this Agreement shall be a refund to Customer of the fees paid to InmoLink hereunder, and in no event will InmoLink's liability for any reason exceed such fee. InmoLink (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify InmoLink (and InmoLink's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (LLCluding, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.

Warranty Disclaimers

THE LISTINGS, SERVICE, RECENTSALES INFORMATION, AND INMOLINK MARKET REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. INMOLINK MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENTSALES INFORMATION, OR INMOLINK MARKET REPORTS, LLCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND INMOLINK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED KINGDOM, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

Links to Third Party Sites

This web site may contain hyperlinks to other web sites operated by parties other than InmoLink, LLC. and its subsidiaries which are beyond InmoLink's control. Parties other than InmoLink may provide services or sell product lines on this site that take you outside of our service. This LLCludes links from advertisers, sponsors, and content partners that may use InmoLink's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the InmoLink site. InmoLink does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. InmoLink does not assume any liability for the actions, product, and content of all of these and any other third parties. InmoLink makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the InmoLink site, the site you will land on is not controlled by InmoLink and different terms of use and privacy statements may apply. InmoLink also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of InmoLink, LLC.

Customer agrees that InmoLink shall have the right to use Listings and other information submitted to it for any purpose, LLCluding without limitation for publication of all or part of such Listing on the Internet for unrestricted use by InmoLink customers and partners. InmoLink shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. InmoLink shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. InmoLink reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on InmoLink's corporate web site, located at http://www.InmoLink.com.

Copyright Complaints

If you believe that your work has been copied onto InmoLink in a way that constitutes copyright infringement, please provide InmoLink's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying InmoLink that your copyrighted material has been infringed.

•           An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

•           A description of the copyrighted work that you claim has been infringed upon;

•           A description of where the material that you claim is infringing is located on InmoLink, with identifying information for the listing, if applicable;

•           Your address, telephone number, and e-mail address;

•           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;

•           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 the copyright owner's behalf.

Address for InmoLink's copyright agent:

181 W. Huntington Drive, Suite 208

Monrovia, CA 91016

Attn: Brian White

Governing Law

This Agreement, and the Deliverables provided by InmoLink, shall be governed by the laws of the State of California, without reference to conflict of laws prLLCiples. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Los Angeles County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.

Assignment

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of InmoLink, which retains the right to withhold consent in its sole discretion.

Notices

All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at InmoLink.

Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.

INMOLINK MARKET REPORTS PROVISIONS

The following provisions of InmoLink's Terms and Conditions are specifically and only applicable to InmoLink Market Reports:

Delivery of InmoLink Market Reports

InmoLink Market Reports shall be delivered in electronic form (PDF file) via e-mail. All purchase orders received by InmoLink prior to 11:00 am Pacific Standard Time will be fulfilled that day; all purchase orders received by InmoLink after 11:00 am will be fulfilled on the next business day. A business day is defined as any day when the New York Stock Exchange is open for trading. Purchase orders placed on Saturdays or Sundays will be fulfilled on the following Monday; Purchase orders placed on United States Federal Holidays will be fulfilled on the next business day.

Use Restrictions of InmoLink Market Reports

Customer may use and copy the InmoLink Market Reports only as expressly provided by this Agreement. All rights in the InmoLink Market Reports not explicitly granted under this Agreement are expressly reserved by and to InmoLink and Real Capital Analytics, LLC. ("RCA"). Customer may use the InmoLink Market Reports only in the ordinary course of its business operations for its own business purposes. Customer may copy the InmoLink Market Reports for its own personal use only and for project specific presentations or reports with a limited and controlled distribution, provided that the source of the InmoLink Market Reports is attributed to InmoLink and RCA, and provided that the attribution is in a form approved in writing by InmoLink prior to distribution. Except as expressly provided by this Agreement, Customer shall not, nor shall it permit any other person to, (a) make or retain any copy of the InmoLink Market Reports; (b) use the InmoLink Market Reports as part of any effort to compete with InmoLink or RCA, LLCluding without limitation, using the InmoLink Market Reports to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss of InmoLink or RCA sales from an existing or potential customer; (c) sell, market, license, sublicense, distribute, or otherwise grant to any person any right to use the InmoLink Market Reports; (d) add, display or create derivative works from the InmoLink Market Reports; or (e) remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the InmoLink Market Reports, or fail to preserve all copyright and other proprietary notices in any copy of the InmoLink Market Reports made by Customer. All rights in the InmoLink Market Reports not explicitly granted under this Agreement are expressly reserved by and to InmoLink and RCA.

InmoLink may deny access to all or part of the InmoLink Market Reports without prior notice if Customer violates any of the terms of this Agreement. InmoLink reserves the right to audit and monitor, whether physically or electronically, the number and frequency of requests for InmoLink Market Reports a Customer submits.

Proprietary Rights in, of, and to InmoLink Market Reports

InmoLink Market Reports and all components of the InmoLink Market Reports, LLCluding without limitation, property, images, illustrations, designs, icons, graphs, charts, lists, photographs, and written and other materials contained in the InmoLink Market Reports ("InmoLink Market Reports Proprietary Items") are provided on strictly limited use basis. All rights, LLCluding without limitation, Intellectual Property Rights, title, and interest in the InmoLink Market Reports lie exclusively with InmoLink or RCA. No title, Intellectual Property Rights or other ownership rights to the InmoLink Market Reports are transferred to Customer pursuant to this Agreement. Customer acknowledges that the restrictions in this Agreement are reasonable and necessary to protect InmoLink's and RCA's legitimate business interests.

InmoLink Market Reports Warranty Disclaimer

InmoLink Market Reports have been compiled from sources believed to be reliable. Any reliance upon the InmoLink Market Reports is at Customer's risk, and InmoLink shall not be responsible to Customer or any third party for any liability arising from or related to the use of InmoLink Market Reports in any way.

ALL SERVICES AND INMOLINK MARKET REPORTS ARE PROVIDED AS IS AND WITH ALL FAULTS, AND NEITHER INMOLINK NOR RCA MAKES ANY REPRESENTATIONS OR WARRANTIES, AND INMOLINK AND RCA DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, LLCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE REGARDING THE SERVICES OR DELIVERABLES OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT.

InmoLink Market Reports Indemnification, Limitation on Liability, and Third Party Beneficiaries

Selection and Use Indemnification

Customer assumes the sole responsibility for the selection of the InmoLink Market Reports to achieve Customer's intended results, the use of the InmoLink Market Reports, and the results attained from such selection and use. Customer shall defend InmoLink, RCA, and affiliates, and the directors, officers, employees, independent contractors, and agents of InmoLink, RCA and their affiliates ("Indemnitees"), at Customer's sole cost and expense, against any and all demands, claims, actions, suits, or other proceedings ("Claims") against Indemnitees arising from or related to Customer's selection or use of InmoLink Market Reports whether or not such use is in accordance with this Agreement and shall indemnify and hold Indemnitees harmless from any and all judgments, losses, liabilities, damages, costs, and expenses (LLCluding without limitation, reasonable attorney's fees and attorney's disbursements) arising out of or LLCurred in connection with such Claims. Customer's liability under this Selection and Use Indemnification shall be reduced to the extent that Customer is actually prejudiced by InmoLink or RCA's failure to give notice of a Claim to Customer promptly after InmoLink learns of such Claim. Customer shall have the right to control the defense and settlement of any Claims for which Customer is obligated to defend, but InmoLink and RCA shall each have the right to participate in such Claims at their own cost and expense.

Limitation of Liability

InmoLink's total liability for the sale of InmoLink Market Reports under this Agreement shall under no circumstances exceed the amount paid by Customer, if any, for accessing the InmoLink Market Reports in the calendar year in which the related claim accrued. Under no circumstances shall InmoLink be liable to Customer or any other person for lost revenues, lost profits, loss of business, or any indirect, LLCidental, special, punitive, or consequential damages of any nature, regardless of legal theory and whether or not foreseeable, even if the exclusive remedies provided by this Agreement fail of their essential purpose and even if InmoLink or Customer has been advised of the possibility or probability of such damages. The remedies specifically provided by this Agreement and the provisions of this Limitation of Liability for InmoLink Market Reports set forth Customer's exclusive remedies and allocate between InmoLink and Customer the risks under this Agreement, some of which may be unknown or undeterminable. Such limitations were a material inducement for InmoLink to enter into this Agreement, and InmoLink and Customer have relied upon such limitations in determining whether to enter into this Agreement. In addition, RCA shall have no liability under this Agreement or otherwise related to InmoLink Products or Services, LLCluding, without limitation, InmoLink Market Reports and InmoLink's website.

Third Party Beneficiaries

RCA is an intended third party beneficiary under the immediately preceding Indemnification and Limitation on Liability Sections of this Agreement and is entitled to all rights and benefits under and may enforce and obtain all remedies under law or in equity for breaches of these Sections. Except for RCA, Customer and InmoLink agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

InmoLink Listing Policy & Guidelines

General Terms and Conditions

Please familiarize yourself with InmoLink's Listing Policies and Guidelines (the "Listing Policies") prior to entering a property listing on the InmoLink website. All listings are subject to the Listing Policies.

Listing Review

All listings entered on InmoLink may be subject to review by InmoLink company personnel ("Listing Review") prior to becoming available for full viewing online. InmoLink reserves the right, but not the obligation, to review any listing entered by Customer on InmoLink. Although Customer's listings may be subject to Listing Review, Customer remains solely responsible for abiding by the Listing Policies and InmoLink's Terms and Conditions. The Listing Policies prohibit Customer from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates InmoLink's Terms and Conditions. By entering listings on InmoLink, Customer warrants and represents that Customer owns or otherwise controls all of the rights to such content LLCluding, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit such content. Customer acknowledges that InmoLink cannot police or control all of the content provided by Customer(s) that is made available on InmoLink.

Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on InmoLink until the issue in question has been addressed. When conducting Listing Review, new listings added to InmoLink are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (LLCluding but not limited to containing inaccurate or LLComplete information), Listing Review will send an email message to the Customer about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. After the Customer receives notice from Listing Review, the Customer will be given a reasonable amount of time (routinely, 48 hours) to respond. It is then the sole responsibility of the Customer to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the site. However, if the Customer fails to respond to the communication from Listing Review, InmoLink in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, LLCluding disallowing listings from the Service.

Required Fields

All fields noted by an asterisk (*) on the add property page are required fields and must be completed with valid data pertaining to the property being listed ("Required Fields"). Property listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields.

Address Fields

All Address fields on InmoLink LLCluding Address, City, State and Zip Code are Required Fields. These fields are intended for listing the physical address or intersection of the property being listed. These fields are not for the listing of additional information about the property (see Property Description). Entering "Confidential", "Call Broker", "Withheld", or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address1 or City Name fields is strictly prohibited. InmoLink reserves the right to remove any and all property listings with non-address related or invalid information in any address specific field with or without contacting the listing broker.

Property Description

Property descriptions are for the description of the property that is for sale or for lease only. The posting of contact name, phone number, fax number, company information or URL links for any contacts LLCluding those who are not InmoLink members is strictly prohibited in this section. Also, contact details for InmoLink registered Basic users may not be listed within a Premium Listing (see Terms & Conditions - Premium Subscriptions). This type of information in the Property Description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in InmoLink's removal of all of such Customer's active listings on the Service until all such content has been appropriately rectified.

Property Type

Properties must be identified with the appropriate property type. Adding the same listings under multiple property types is prohibited (see Duplicates). InmoLink allows each listing to associate with up to three (3) property subtypes in order to improve exposure for the listing during searches. InmoLink reserves the right to change or remove property types deemed to be misleading.

Pricing

A valid Sales Price in the Price Asking field for the listed property is required for all InmoLink Sales Listings and a valid rental rate for each space is required for all InmoLink Lease Listings. Confidential pricing is permitted on sales listings for Premium Membership for Professionals members only via the Opinion of Value function. Opinion of Value, a check box listed next to the Price Asking field, displays the sales price for searchers on the InmoLink site as Not Disclosed. By entering a valid Asking Price in the required field and utilizing this function, properties will return in price range searches; however, the actual price will remain confidential. InmoLink reserves the right to remove all listings that are deemed to have invalid prices or rental rates LLCluding any listing with $0 listed in Lease Rate, Sales Price and Opinion of Value fields.

Listing Parameters

In order to maximize the features of the InmoLink service, Customers should note certain parameters in the listing process.

Commercial Property

InmoLink is a web site for commercial real estate. Listing of single-family residences is prohibited on the InmoLink website, except if such residences have a residential LLCome purpose (e.g. to purchase a residence whose customary use has been as a rental property), in which case such properties may by listed under the Residential LLCome category only. The listing of single family residential LLCome property under all other categories is prohibited. Any listing deemed to be a non-LLCome generating, single-family residence will be removed from the system during the listing approval process and an email will be sent to the Customer stating that the property has been identified as a single-family residential property.

Contact Information

Premium Member Listings added to the InmoLink web site will only receive Premium Membership for Professionals Listing benefits if all contacts referenced for that listing are also Premium Members. If a Basic Member and/or a Premium Searcher Member is added as an additional contact to a Premium Member Listing, the listing will become a Basic Listing.

Confidential Listings

The ability to market a Confidential Listing is a benefit available only to Premium Members. Basic listings that post "Confidential", "Call broker", "Undisclosed", "Withheld" or any other similar verbiage in any required field LLCluding Address1, City Name, Property Name or Property Description are prohibited. All content of this type will be removed from Basic listings prior to approval for viewing by searchers on the InmoLink site. Habitual abuse of this policy may lead to the removal of all active listings for the listing broker from the site.

Duplicates

Property Listings  InmoLink prohibits the listing of a single property more than once on the web site at the same time. A duplicate is defined as the same physical property listed under more than one property ID. Office condos with the same physical address are exempt as long as a unit number is LLCluded in the address field. Land parcel listings are excluded as long as the sum total of all individual parcels listed does not exceed the total acreage available at the physical site. InmoLink reserves the right to remove any and all properties that are determined to be duplicates with or without contacting the listing broker. Customers may, however, list a property for sale and for lease at the same time.

Space Listings  InmoLink prohibits the listing of the same space more than once on the web site at the same time. A space listing is defined as a single suite or unit of space listed for lease. InmoLink provides minimum divisible/maximum contiguous options for divisible space and up to three (3) subcategories for space type under space detail. Total space available in a building cannot exceed the total square footage of the building. InmoLink reserves the right to combine duplicate space listings into a single listing or to remove the listing from the system with or without contacting the listing broker.

Listing Quantity, Submission, and Display

Premium Membership for Professionals is not an unlimited listing membership. Premium Members must list all Premium listings in accordance with InmoLink's Terms and Conditions. InmoLink reserves the right to remove, or demote to Basic status, listings that are deemed (a) excessive in number or (b) in violation of InmoLink's Terms and Conditions. Basic Listings submitted to InmoLink will only be available to Premium Members and Premium Searcher Members searching for property on InmoLink and will not be fully displayed in search results for other Basic Members to view.

Use of Photographs

Building photographs posted, attached, or affixed to listings must be actual photographs of the building being listed. All such photographs must be either (a) the property of the listing broker or (b) the listing broker must have received all necessary rights and authorizations, LLCluding from the photographer and/or copyright owner of any photographs, to publish such photographs on the Customer's website or on InmoLink's website for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the building or property being listed, LLCluding brokerage company logos, may be removed at the discretion of InmoLink.

Prohibited Conduct

Customers are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the InmoLink