TERMS & CONDITIONS
BY USING OR ACCESSING THIS WEBSITE OR ANY OTHER SERVICE PROVIDED BY CRE BUILDER, LLC, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN.
CRE BUILDER, LLC, a Florida limited liability company (referred to herein as “CRE”, “Company”, “we” “our” or “us”) provides its web site, located at www.crebuilder.com (the “Website”, and together with and all mobile versions and applications and services operated thereunder by or on behalf of CRE, collectively the “Service(s)”), to You, an individual User (“You”, “Yours” or “User”, as context may require), for Your individual usage, subject to compliance with these terms and conditions (referred to herein as “Terms and Conditions”, “Terms”, or “Agreement”).
IMPORTANT: THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS, AS WELL AS WAIVERS OF CLASS ACTIONS AND JURY TRIALS. THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND CRE BUILDER CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS HEREOF AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
If You are a direct competitor of CRE, You may not access the Services unless You obtain CRE’s prior written consent. Under no circumstances may the Services be used for any benchmarking or competitive purposes.
CRE makes no representations that the Website or any Services can be used or otherwise accessed outside of the United States of America.
The purpose of the Website and related Services is to provide Users with a commercial real estate marketing and proposal creation tool. Through the Services, Users may be able to create sales and offering memorandums, leasing packages and flyers, and national email blasts, as well as connect with brokers and buyers. The Website is offered solely for informational purposes and is in no way intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. While You may be able to create certain Marketing Content (as defined below) through the Website, certain functionalities enabling You to then use the Marketing Content may require a Subscription (as defined below).
The term “API” refers to the Website’s application programming interface.
The term “CRE Templates” refers to preset templates and information provided by CRE Builder through the Website to assist Users in creating Marketing Content.
The term “Malicious Code” refers to code, scripts, files, programs or agents intended to do harm, including, but not limited to, viruses.
The term “Marketing Content” refers to any leasing packages, offering memorandums, email blasts, property marketing websites, proposals, brochures and other marketing materials created by Users on the Website.
The term “Subscriber” refers to any individual purchasing a Subscription either on his or her own behalf or on behalf of another individual, company or other legal entity.
The term “Third-Party Content” refers to any text, images, videos, maps, or information provided through the Services by a Third-Party Service Provider or obtained by CRE Builder based on User Content from publicly available sources or a Third-Party Service Provider.
The term “User Content” refers to any information and other content directly uploaded by a User through the Website, including, but not limited to, text, name, address, pricing, property descriptions, photographs, documents, other images, and videos.
The terms “User,” “You” and “Your” refer to (i) the individual using the Website or Services and accepting this Agreement on his or her own behalf or (ii) an individual, company, and/or other legal entity if the Website is being accessed, and this Agreement accepted, on behalf of another individual, company or other legal entity.
This Agreement is effective as of the date of You first access the Website (“Effective Date”).
You will be required to create an account with CRE (“Account” or “User Account”) in order to access and use the Website or Services. To create an Account, You must be at least eighteen (18) years of age and will be required to provide CRE with information about Yourself, Your company and/or the person or entity You claim to represent. If Your information changes at any time, You are responsible for updating Your Account to reflect those changes. CRE may, at any time and in its sole discretion, require You to update Your Account or provide additional information. Failure to comply with such requests may result in the suspension or termination of Your Account. There is no cost or payment required to create a User Account. By creating a User Account, You may be able to create Marketing Content, however, unless You pay for a Subscription, then You may not have the ability to view, export, share, or otherwise obtain access to or use such Marketing Content.
Any User opening or using an Account on behalf of another person or entity (“Agent”) represents and warrants that he or she has valid authorization to act on behalf of the person or entity he or she claims to represent. In the absence of such authorization, such Users accept personal liability for any and all liabilities arising from the use of the Account. CRE Builder is not responsible for any obligations or liabilities arising from use of Your Account by Your Agents.
In some cases, an Account may be assigned to You by an administrator, such as Your employer or educational institution. If You are using or logging into an Account assigned to You by an administrator, additional terms may apply to Your use of the Website. Moreover, Your administrator may be able to access or disable Your Account without our involvement.
You may not share Your Account with anyone else. It is solely Your responsibility to ensure that the e-mail address and password for Your Account (“Log-in Credentials”) are kept private and secure at all times. Regardless of whether or not You have given authorization, You are responsible for any actions taken from Your User Account, including the actions of any Agents. If You believe that Your Account has been compromised at any time, please notify Your system administrator.
Access to certain functionalities of the Services, including the ability to view, export, share, or otherwise obtain access to or use Marketing Content, must be purchased as a subscription for a User Account (“Subscription”). A Subscription may be added to an existing User Account at any time. Subscriptions are available on a either a month to month or annual basis, as selected by You at the time of signing up for a Subscription, and renew automatically, unless You provide the Company with at least thirty (30) days’ notice of Your intent to terminate the Subscription.
In the event that You cancel Your Subscription by providing timely notice as set forth in the preceding paragraph, You will continue to have access through the end of your billing period. CRE will not issue refunds or credits for any remaining Subscription period. It is solely Your responsibility to export User Content and Marketing Content prior to the cancellation of your Subscription. User and Marketing Content may not be available in the event that Your Subscription is cancelled or terminated.
Using the Website; Marketing Content.
The CRE Website is a web-based, commercial real estate marketing and proposal management platform. By using the Website, each User may access his or her Account, upload his or her documents, images, information or other User Content, and generate leasing packages, offering memorandums, email blasts, property marketing websites, proposals, brochures and other marketing materials (“Marketing Content”), using templates provided by CRE Builder (“CRE Templates”).
In order to view, export, share, or otherwise obtain access to or use any Marketing Content, the User must be a Subscriber. Any sharing or distribution of Marketing Content by a User is done at the Subscriber’s own risk and the Subscriber is encouraged to take all available precautions to maintain the integrity and security of such documents or information.
The Service(s) are subject to usage limits. Unless otherwise specified, (a) the Service may not be accessed by more Users than specified upon purchase of a Subscription, (b) passwords may not be shared with any other individual, and (c) a Subscription may only be reassigned to a new individual replacing one who will no longer use the Service. If You are unable or unwilling to abide by a contractual usage limit, You may be required to purchase additional quantities of the applicable Services promptly upon our request, and/or pay any invoice for excess usage in accordance with Section 7.3 (Invoicing and Payment).
Cash Flow Projections Calculator
Through the Services, Users may be presented with a calculator allowing the User to input certain information, including User Content, to create projected cash flows for a given commercial property for up to a ten (10) year period. The calculator and information produced therefrom are provided solely for informational purposes and CRE makes no representations or warranties as to the accuracy of such information.
Additional Terms; Promotions.
Certain promotional/offer terms may apply from time to time, as further set forth on the Website. In addition to this Agreement, when using particular products, services or features on our Website, You will also be subject to, and hereby agree to, any additional posted terms, guidelines, FAQs, or rules applicable to such product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Agreement.
User Content; User Guidelines.
You shall be solely responsible for User Content and the consequences of uploading, publishing or distributing it. You may only provide or publish information and other content, including, but not limited to, text, pricing, property information, photographs, other images, and videos that You either own or have authorization to use and distribute.
When using the Website, You agree not to use the User Content, Third-Party Content, Marketing Content, Services or any other part of the Website in a way that violates any laws, infringes on the rights of any individual, is offensive, or interferes with the Website or any features on the Website (“User Guidelines”), including, but not limited to, taking any actions that:
- Are contrary to CRE’s public image, goodwill or reputation;
- Violate the terms and conditions of any Third-Party Service Provider;
- Promote any illegal activity or content;
- Infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy;
- Express or imply that any of Your statements, activities or causes are endorsed by CRE, without our prior written consent;
- Violate any applicable law, statute, ordinance or regulation, for example only, the TCPA and CAN-SPAM acts, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- Are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- Constitute attempting to impersonate another User or person or using the account of another User;
- Transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- Restrict or inhibit any other visitor from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website;
- Remove any copyright, trademark or other proprietary rights notices contained in the Website;
- Sublicense, sell, rent, lease, transfer, assign, or convey any rights under the Agreement to any third party, or otherwise commercially exploit or profit from the information or content of the Website, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
- “Frame” or “mirror” any part of the Website without prior written authorization;
- Distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentications and security measures;
- Harvest or collect information about any Users or visitors to our Website, without their express consent; and/or
- Contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence.
CRE reserves the right (in its sole discretion) to determine that You have acted in a manner that violates the User Guidelines. In such event, CRE reserves the right to remove User Content, suspend, terminate or limit use of Your User Account, prohibit You from using the Website, and/or take any appropriate legal actions.
By creating an Account, You agree that CRE may contact You at any email address, mailing address and/or phone number You provide to CRE. You hereby consent to electronically receiving communications related to Your use of the Website and Service. You agree that all notices, disclosures, agreements and other communications that are sent to You or provided to You electronically, including but not limited to by email or by publication on the Website, satisfy any and all legal requirements that such communications be in writing. All notices, disclosures, agreements and other communications from CRE shall be deemed delivered and effective when sent to the email address provided by You.
Additionally, by creating an Account, You agree that a User may have the ability to contact other Users at any email address a User provides to CRE to notify other Users of available commercial real estate properties that a User promotes through the Services (“User Marketing”). You agree that if You send any User Marketing, CRE may restrict your ability to send cross-region User Marketing through the Services in order to make User Marketing more relevant to the location of receiving Users. Further, You agree that if You receive any User Marketing, You will not use any of the information contained therein to compete against CRE or such other User(s), or in any manner that would otherwise violate this Agreement.
You may opt out of any communications received from CRE or related to User Marketing by selecting unsubscribe at the bottom of such email, or by contacting CRE as provided at the end of this Agreement.
If You provide CRE Builder with any comments, bug reports, feedback, or modifications proposed or suggested by You to the Website (“Feedback”), CRE Builder shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Website. You hereby grant CRE Builder a perpetual, irrevocable, nonexclusive, royalty-free license of all rights necessary to incorporate and use Your Feedback for any purpose.
CRE Builder utilizes Amazon AWS to securely store User Content and data. By using and accessing the Website and/or Services, You understand and agree to the storage of User Content and data. Users consenting to such storage agree to be bound by Amazon AWS’s terms and conditions, which can be found at https://aws.amazon.com/legal/.
Third-Party Content; Third-Party Providers.
By using the Website, You understand and agree that You may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose. CRE does not endorse, takes no responsibility and assumes no liability, directly or indirectly, for any content that You or any other user or third-party uploads or sends or for any loss or damage suffered in connection therewith.
Special Provisions Regarding Real Property Data from Attom Data Solutions™
CRE utilizes Third-Party Content from Attom Data Solutions™ to obtain parcel data for commercial real estate properties.
User agrees that it may use Third-Party Content from Attom Data internally, and shall not use such for reproduction, sale, publication, or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation except in conjunction with Marketing Content as expressly provided for herein; and
User agrees that it shall not acquire any proprietary rights in or to Attom Data’s Third-Party Content, which rights remain exclusively in Attom Data and/or its third party data providers, and User acknowledges that such content is a valuable commercial product, the development of which has involved the expenditure of substantial time and money; and
User acknowledges that Attom Data’s Third-Party Content is sourced from public documents or statistical calculations, is provided on an “as is, as available” basis with all faults and defects, and neither Attom Data, CRE, nor any other Third-Party Provider(s) make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose. Further, neither Attom Data, CRE, nor any other Third-Party Provider(s) are responsible for errors, omissions, miscalculations, or misrepresentations of value; and
Any use of Atom Data’s Third-Party Content by User shall be at its own risk, and User shall indemnify and hold harmless Attom Data, CRE, and any other Third-Party Provider(s) with respect thereto.
The Website and Services, including, but not limited to, CRE Templates and Marketing Content, as well as Third-Party Content provided therethrough, including but not limited to copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws (“Intellectual Property”) are legally protected in various ways. You agree that any trademarks of a third-party displayed through the Services is the intellectual property of the respective third-party owners, and in no way do you have any ownerships rights or a license to use such trademarks without permission in writing from the relevant owner. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Website. You also agree not to change, translate, or otherwise create derivative works. Using the Website and/or Services does not give You ownership of any Intellectual Property You access, including, but not limited to, Marketing Content, CRE Templates, or any Third-Party Content. You may not use Intellectual Property from the Website for any purpose other than as specified in this Agreement, unless You obtain permission from CRE or the relevant owner in writing.
User Content. By submitting any User Content to CRE, You are agreeing: (i) that CRE may use the User Content You’ve submitted, and that You grant to CRE, and others acting on CRE’s behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to such User Content; (ii) that You grant CRE the right to edit, modify, reformat, excerpt, delete, or translate any of such User Content; (iii) that such User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have permission from the rightful owner of the material, or You are otherwise legally entitled to use such material (and to grant CRE Builder all the license rights outlined here); (iv) that any royalties or licensing on such User Content are Your responsibility, and that You will pay all royalties and other amounts owed to any person or entity based on User Content, or on CRE’s hosting of that User Content; (v) that if CRE or its Users exploit or make use of Your submission in the ways contemplated in this Agreement, You agree that such use will not constitute an infringement or violation of the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; (vi) that You are responsible for such User Content, as all information submitted to the Website, whether publicly uploaded or privately transmitted, is the sole responsibility of the person from whom that User Content originated; and (vii) that CRE is not responsible for mistakes, inaccuracies, errors or omissions in User Content, even if provided through the CRE Templates. In the event that any User Content is made public by CRE, CRE will redact names and/or any other identifying information from such publication.
Marketing Content. Rights to any proposals, brochures and other marketing materials You create using the CRE Website, the Services, CRE Templates, and other products, content or Intellectual Property (“Marketing Content”) shall at all times be vested in Company or the relevant Third-Party Provider, as provided for herein. Notwithstanding the foregoing, Company hereby grants User, if such User is an active Subscriber, a revocable, non-transferable, non-exclusive license, along with all applicable sublicenses, to use the Marketing Content, including any Third-Party Content, solely in connection with and for the purposes of marketing, advertising, and otherwise promoting the relevant commercial real property that the Marketing Content was created for in compliance with all applicable laws and in accordance with these Terms.
Digital Millennium Copyright Act. CRE complies with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a compliant takedown notice. Please contact CRE’s Copyright Agent:
DiSchino & Schamy, PLLC
Attn: CRE Builder, LLC
Subject: [CRE Builder Copyright Notice]
You understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST CRE BUILDER WITH RESPECT THERETO.
Protection of User Content.
CRE will maintain safeguards for protection of the security and confidentiality of User Content, including but not limited to measures for preventing access, use, modification or disclosure of User Content except (a) to provide Services and/or prevent or address service or technical issues, (b) as required by law in accordance with a Compelled Disclosure (as defined below), or (c) as You expressly permit in writing. However, the representations made in this Section are subject to all disclaimers and limitations of liability made in this Agreement.
Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that the Disclosing Party has designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. Notwithstanding the foregoing, in the event of a dispute regarding this Agreement or any dispute between You and CRE, CRE reserves the right to release any and all User Content or data.
Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior written notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a legal proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
Representations and Warranties.
By opening an Account, You represent and warrant that (a) You have full right and authority to enter into this Agreement, to grant any rights granted herein, and to perform fully all obligations as set forth herein, (b) all information and User Content provided by You or Your agents is true, accurate and complete, (c) You are not infringing and will not infringe upon the rights of any third party, and that You use of the Website or Services as well as any Intellectual Property in connection with use of the Website or Services does not and will not violate the rights of any third parties, (d) You shall comply with the terms and conditions of any agreements which govern the use of third party materials, and (e) You shall comply with all state, local and federal laws and regulations as they relate to use of the Website or Services. You further represent and warrant that You have read, understand, and agree to be bound by this Agreement in order to access and use the Website and/or Services.
You hereby further warrant and represent that You will respect the privacy, property and data protection rights of other Users and that You will not record (whether video or audio or otherwise) any interaction by or with any User and/or CRE in connection with the Website or Services without the prior written consent of CRE or the relevant User. You further represent and warrant that You will fulfill the commitments You make in connection with the Services, including but not limited to providing payment and being responsive. You also represent and warrant that You will act professionally and responsibly in all interactions in connection with the Services. You further represent and warrant that when using or accessing the Services, You will act in accordance with any applicable local, state, provincial, national, or international law or custom and in good faith. You hereby warrant and represent that You do not have any motivation, status, or interest which CRE may reasonably wish to know about in connection with the Website or Services, including without limitation, if You are using or will or intend to use the Website or Services for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that You will promptly disclose to CRE in writing any such motivation, status or interest, whether existing prior to registration or as arises during Your use of the Website or Services.
IF YOU CHOOSE TO USE THE WEBSITE YOU DO SO AT YOUR SOLE RISK. THE WEBSITE AND ALL SERVICES THEREON ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CRE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CRE MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CRE OR THROUGH THE WEBSITE, OR CONTENT CONTAINED THEREIN, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CRE does not and will not perform services which require licensure by any government or regulatory agency. CRE is merely a platform for commercial real estate marketing and proposal management and does not act as any licensed professional such as a real estate agency or brokerage. Furthermore, CRE does not guarantee the acquisition of any business or higher likelihood of securing tenants, leases or other contracts. CRE does not guarantee, represent or warrant that any information shared by any user is accurate, and does not guarantee, represent or warrant that terms of any lease or other contract will be performed as agreed to.
CRE MAKES NO WARRANTY REGARDING THE QUALITY OR SPECIFICATIONS OF ANY SERVICES OR ANY CONTENT, WHETHER SUCH CONTENT IS USER, MARKETING, OR THIRD-PARTY, CONTAINED THEREIN OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SUCH CONTENT OBTAINED THROUGH THE WEBSITE. CRE BUILDER MAKES NO WARRANTY AS TO WHETHER THE USE OF ANY LANGUAGE, IMAGES OR OTHER CONTENT ON THE WEBSITE CONSTITUTES FAIR USE UNDER U.S. COPYRIGHT AND OTHER APPLICABLE LAWS.
In the event that You request that CRE’s API input information, language or other content into the Services and/or any Marketing Content, CRE makes no warranties or guarantees as to the accuracy or validity of any such Marketing Content, their contents, their representations or their formatting.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES. YOU UNDERSTAND THAT CRE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR REPRESENTATIONS OF USERS OF THE WEBSITE. CRE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, YOUR USE OF CRE’S API AND MARKETING CONTENT, YOUR INTERACTIONS VIA THE WEBSITE AND ANY CONTACT YOU HAVE WITH THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER CRE BUILDER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, ITS FEATURES, INCLUDING BUT NOT LIMITED TO CRE’S TEMPLATES OR API, OR THE MARKETING CONTENT OR OTHER SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES OR MARKETING CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF WEBSITE, SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Indemnification; Hold Harmless; Limitation of Liability.
To the fullest extent permitted by law, You agree to release, defend, indemnify, and hold CRE and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) Your access to or use of the Website or Service; (b) Your violation of this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (c) User Content inputted by You; (d) Marketing Content created by You; (e) Third-Party Content that You access or utilize; (f) Your interaction with any User; (g) the use or offer of a Service, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result use of the Website or a Service; (h) Your participation in the Services; (i) any allegation that You have infringed or otherwise violated the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (j) Your negligent or willful misconduct, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising therefrom.
IN NO EVENT WILL CRE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE WEBSITE OR SERVICES BE GREATER THAN THE AMOUNT OF FEES WHICH HAVE BEEN PAID BY YOU TO CRE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
CRE’S LIABILITY SHALL FURTHER BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS PROVISION SHALL HAVE NO EFFECT ON CRE’S CHOICE OF LAW PROVISION SET FORTH HEREIN.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages. As such, certain aspects of the limitations above may not apply to You.
This Agreement commences on the Effective Date and shall continue throughout Your use of the Website and/or Services, including, but not limited to, any period during which You hold a valid Subscription.
CRE, in its sole discretion, reserves the right to suspend Your rights under this Agreement or terminate this Agreement and Your User Account immediately at any time for any reason or no reason at all. If this Agreement is terminated by CRE in accordance with the terms of this Agreement, You will pay any unpaid fees covering the remainder of the term of any Subscription or the purchase of any other Services as may be made available from time to time. In no event will termination relieve You of Your obligation to pay any Fees payable to CRE for the period prior to the effective date of termination.
If it is determined or suspected by CRE, in its sole discretion, that You are misusing or attempting to misuse the Services or Website, including, but not limited to, any Marketing Content, Third-Party Content, CRE Templates, and/or User Content, or are using or attempting to use such for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the Services proposed to be offered by CRE, then in addition to CRE’s right to immediately terminate this Agreement, CRE reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings against You and/or any relevant party to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
CRE will make Your User Content available to You for export or download upon a written request made by You within thirty (30) days after the termination or expiration of this Agreement. After such 30-day period, CRE will have no obligation to retain or provide any of Your User Content, and will thereafter dispose of all copies of Your User Content in its systems, unless legally prohibited.
Except as otherwise specified in this Agreement, all notices related to this Agreement will be in writing and will be effective upon (a) personal delivery, (b) the fifth business day after mailing, or, except for notices of termination or an indemnifiable claim (“Legal Notices”), which shall clearly be identifiable as Legal Notices, (c) the day of sending by email. Notices sent by email to CRE must be sent to firstname.lastname@example.org. Billing-related notices to You will be addressed to the relevant billing contact designated by You. All other notices to You will be addressed to the relevant party designated by You. By accessing or using the Website or Services, You agree that notices and other communications sent to either the mailing address or the email address provided by You constitutes sufficient notice.
Governing Law and Jurisdiction.
This Agreement and the Services are governed and interpreted pursuant to the laws of the State of Florida, notwithstanding any principles of conflicts of law. Any disputes in connection with this Agreement that result in court action, in accordance with the terms of this Agreement, will be resolved exclusively by a state or federal court located in Miami-Dade County, Florida, and You specifically consent to the personal jurisdiction of such courts and waive any claim of forum.
If any provision of this Agreement is found to conflict with applicable law(s), the reviewing arbitrator or court, as applicable, shall interpret the provisions or revise them only to the extent necessary to comply with applicable law(s). All other provisions shall remain intact and enforceable as written.
Dispute Resolution; Arbitration.
THIS AGREEMENT INCLUDES AN AGREEMENT TO ARBITRATE CLAIMS AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ THE FOLLOWING TERMS CAREFULLY.
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU AND CRE (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
The agreement to arbitrate contained in this Section (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives the termination of this Agreement and Your relationship with CRE.
Claims covered by this Arbitration Agreement include, but are not limited to, any dispute, claim or controversy whether based on past, present or future events arising out of or relating to: (i) this Agreement and prior versions (including the breach, termination, enforcement, interpretation or validity thereof); (ii) the Website or Services; (iii) User Content; (iv) Marketing Content; (v) Your relationship with CRE; (vi) the threatened or actual suspension, deactivation or termination of Your Account or this Agreement; (vii) payments made by You or any payments made or allegedly owed to You; (viii) compensation, expense reimbursement, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, or emotional distress; (ix) any promotions or offers made by CRE; (x) breach of any express or implied contract or breach of any express or implied covenant; (xi) claims arising under federal or state consumer protection laws; (xii) claims arising under antitrust laws; (xiii) claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; (xiv) claims arising under the Fair Labor Standards Act, Civil Rights Act of 1964, Uniform Trade Secrets Act, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters; and (xv) all other federal and state statutory and common law claims (“Claim” or “Claims”).
If there is a dispute about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), You and CRE agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes, except as expressly provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
If You do not want to arbitrate disputes with CRE and You are an individual, You may opt out of this Arbitration Agreement by notifying CRE within thirty (30) days of the first date that You access the Website or the date that You receive any Services, whichever is sooner.
Class Action and Right to Jury Waivers.
Except as otherwise required under applicable law, You and CRE agree that any arbitration will be limited to the Claim between CRE and You individually. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both You and CRE otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall only have authority to consider or resolve any Claim or issue any relief on an individual basis and shall have no authority to do so on a class, collective, or representative basis.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL.
Severability. If any part of this Agreement is deemed unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Waiver. If You fail to comply with this Agreement, CRE’s failure to enforce any provision of this Agreement will not affect CRE’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default, a waiver of the provision itself, or a waiver of the right to enforce this Agreement.
Entire Agreement and Order of Precedence. This Agreement constitutes the entire agreement between You and CRE regarding Your use of the Website and Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
Assignment. You may not assign or transfer this Agreement or any of Your rights or obligations under this Agreement, whether by operation of law or otherwise, without CRE Builder’s written consent (not to be unreasonably withheld). CRE Builder may assign this Agreement at any time without notice to You.
Amendments. CRE reserves the right to amend this Agreement at any time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Agreement. Your continued access to or use of the Website after such posting constitutes Your consent to be bound by the Agreement, as amended. In the event that You do not agree to the revised Agreement, You must stop using the Website.
Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between You and CRE Builder.
Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
Force Majeure. In no event shall CRE Builder be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of interruptions of service caused by an act of God, terrorism, accident, fire, labor controversy, riot, civil commotion, act of public enemy, law, enactment, rule order, or act of any government or governmental instrumentality, failure of technical facilities, failure or delay of transportation facilities, illness or incapacity, or other cause of a similar or dissimilar nature not reasonably within the control of CRE Builder or which CRE Builder could not by reasonable diligence have avoided. CRE Builder shall not be responsible for reimbursing any fees paid.
No Legal or General Business Advice. At no time does CRE Builder review any agreements between You and any third party or any other documents or information submitted to or provided by the Website for legal sufficiency, perform any cost/benefit analyses, draw legal conclusions, provide legal advice, opinions or recommendations about Your legal rights, remedies, defenses, options, selection of forms, or strategies, apply the law to the facts of Your particular situation, or mediate any dispute. CRE Builder is not a law firm and may not perform services performed by an attorney. CRE Builder, its Services, and any forms, templates, optional standard disclosures, contractual language or provisions provided in connection therewith are not a substitute for the advice or services of an attorney or consultant. Liability for any breach of any agreements between You and any third party, or for any representations made by You, even if such representations are made through a CRE Template, lies solely with You.
Subpoenas. All subpoenas must be properly served on CRE, by mailing the subpoena to its registered agent at the following address:
3521 W BROWARD BLVD
FORT LAUDERDALE, FL 33312
Attention: CRE Builder, LLC – Subpoena
CRE does not accept service via e-mail or fax and will not respond to subpoenas delivered by email or fax.
If You have any questions or comments regarding this Agreement, please contact CRE at:
CRE Builder, LLC
Attn: Legal Department
3521 W BROWARD BLVD
FORT LAUDERDALE, FL 33312
Last Updated:Jan 26, 2022