Terms of Use Policy
The submission of information to AQQIRE “AQQIRE”, access to, and use of the AQQIRE website (located at www.AQQIRE.com), and the real estate information services provided thereon (collectively, the "Service") is subject to the following contractually binding terms and conditions (the "Terms and Conditions" or the "Agreement").
If you are viewing, using, or accessing the Service for free, you are a "User." If you are viewing, using, or accessing the Service and posting for free, you are a "Member." If you are viewing, using or accessing the Service and posting under a paid membership, you are a "Paid Member." These Terms and Conditions refer to Users, Members and Paid Members collectively as "You." No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the AQQIRE website without express written permission from AQQIRE. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of AQQIRE or any of its affiliates, including without limitation any company owned or operated by "AQQIRE" or acting on behalf of a competitor of AQQIRE in registering for or accessing the Service.
By viewing, using or accessing the Service, You agree that these Terms and Conditions are a binding legal agreement between You and AQQIRE. If You do not agree to these Terms and Conditions, You are prohibited from viewing, using or accessing the Service and must immediately discontinue viewing, use, and/or access. Notwithstanding anything to the contrary herein, if You and AQQIRE have entered into a separate written agreement that covers Your use of a AQQIRE product or service, the terms and conditions of such agreement shall control with respect to such product or service to the extent they are inconsistent with these Terms and Conditions.
All questions concerning these Terms and Conditions should be directed to:AQQIRE. AQQIRE may update these Terms and Conditions at any time, with or without notice to You. The latest version of the Terms and Conditions is available on the AQQIRE website.
GENERAL PROVISIONS
User Privileges
User privileges are granted by AQQIRE to individuals exclusively and are granted specifically to the subscribing registered user only. User rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered User without the express written permission of AQQIRE. By completing the registration process, You become a "User," and You represent and warrant that the information You provide is true, accurate, complete, and current. Each User must maintain a valid email address and a password, which shall be utilized for logging on to the AQQIRE system. Users are not permitted to share their individual login information with others. AQQIRE has the right to refuse or terminate service to any User, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions as posted and displayed on the AQQIRE website, or abuses its rights related to the Service..
AQQIRE utilizes email as a vital and primary communication channel with YOU, who hereby acknowledge and grant AQQIRE the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes AQQIRE determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. AQQIRE will use best efforts to honor YOU’s request to opt out of marketing messages, but under no circumstances will AQQIRE have any liability for sending any email to YOU. YOU acknowledge and agree that the Company may record telephone and other electronic communications it has with you for their internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Members and Paid Members (“Customer”) may submit to AQQIRE property descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, contact or other information (collectively, the "Submitted Content") for each listing in AQQIRE. By submitting a listing, Customers represent, warrant and agree that (a) You own or have the full right, power and authority to grant to AQQIRE use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to AQQIRE; (b) Your license of such content to AQQIRE hereunder does not, and the use or license of such content by AQQIRE to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; and (d) You will fully indemnify the Company against any and all damages or other losses, and any related attorney's fees, other fees, and/or expenses, incurred by the Company as a result of any breach of the foregoing representations or in connection with Your Submitted Content, including without limitation as a result of any claim brought by a third party in connection with Your Submitted Content, whether or not such claim prevails. With respect to all Submitted Content You have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, AQQIRE acknowledges that you retain any applicable ownership rights that You may have with respect to the Submitted Content. You nonetheless grant AQQIRE and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Customers further acknowledge and agree that AQQIRE may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by AQQIRE ). Customers agree not to submit any Submitted Content to AQQIRE unless Customer has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on Customer’s website and AQQIRE'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 or video on the AQQIRE website. Customers may only submit videos personally created by them or their direct employees. Customers may not upload or otherwise submit videos created or produced by third-party video tour providers. Where Customers listing incorporates content provided by AQQIRE or its affiliates, such as property photos or other images or information (collectively, "AQQIRE Materials"), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such AQQIRE Materials strictly in connection with Customer’s AQQIRE listing. All other rights to AQQIRE Materials are expressly reserved. The Company may, in its sole discretion but without any obligation to search for such, remove property listings 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 Members who are alleged to have submitted property listings, Submitted Content or other information in violation of these binding Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates these binding Terms and Conditions. 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 AQQIRE website. No robot, spider or other automated service may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the AQQIRE website and Company shall have the right to modify the property listing in the exercise of its rights under these binding Terms and Conditions. Listings that are not modified or renewed within a 90-day period are automatically changed to "Off Market" and are no longer viewable on AQQIRE.com. Member (a) represents and warrants that all properties and associated information provided by Member, including Submitted Content, will be accurate; (b) agrees not to post a property listing on the AQQIRE marketplace under a name other than the individually named licensed real estate agent or 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 (shared accounts, e.g. listings@abcrealty.com are strictly prohibited); (c) agrees to administer the properties provided by 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 property listings posted on the AQQIRE website. Customer is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Customer. While the Company will undertake reasonable efforts for data backup and business resumption, Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to AQQIRE. AQQIRE may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. Customer agrees that AQQIRE may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings. Customer accepts that this is a legitimate and lawful security precaution on the part of AQQIRE, and accepts further that in the event that any third party has access to property listings that can be identified as having such unique adjustments, this shall constitute a prima facie breach of security and of these Terms and Conditions.
Listing Review
All listings entered on AQQIRE may be subject to review by AQQIRE company personnel ("Listing Review") prior to becoming available for full viewing online. AQQIRE reserves the right, but not the obligation, to review any listing entered by Customer on AQQIRE. Although Customer’s listings may be subject to Listing Review, Customer remains solely responsible for abiding by AQQIRE’s Terms and Conditions. By entering listings on AQQIRE, Customer warrants and represents that Customer owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit such content. Customer acknowledges that AQQIRE cannot police or control all of the content provided by Customer(s) that is made available on AQQIRE.
Listings that violate any of the policies stated herein will not receive Listing Review approval for active posting on AQQIRE until the issue in question has been addressed. When conducting Listing Review, new listings added to AQQIRE are examined to determine whether such listings are in compliance with our policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete 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 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, AQQIRE in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including 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 AQQIRE including Address, City, State and Zip Code are recommended fields. These fields are intended for listing the physical address of the property being listed. AQQIRE 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 including those who are not AQQIRE members is strictly prohibited in this section. 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 AQQIRE's removal of all of such Customer's active listings on the Service until all such content has been appropriately rectified.
Pricing
A valid Sales Price in the Price Asking field for the listed property is recommended for all AQQIRE Sale Listings and a valid rental rate for each space is recommended for all AQQIRE Lease Listings. By entering a valid Asking Price in the required field and utilizing this function, properties will return in price range searches. AQQIRE reserves the right to remove all listings that are deemed to have invalid prices or rental rates including 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 AQQIRE service, Customers should note certain parameters in the listing process.
Commercial Property
AQQIRE is a web site for commercial real estate. Listing of single-family residences is prohibited on the AQQIRE website, except if such residences have a residential income 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 Income category only. The listing of single family residential income property under all other categories is prohibited. Any listing deemed to be a non-income 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.
Duplicates
Property Listings AQQIRE 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. AQQIRE 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 AQQIRE 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. AQQIRE 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. AQQIRE 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
Customers may list an unlimited number of listings on AQQIRE.com.
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, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the Customer's website or on AQQIRE's website for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the building or property being listed, including brokerage company logos, may be removed at the discretion of AQQIRE.
Prohibited Conduct
Customers are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the AQQIRE Service.
"Billboard" Listings
Listings on AQQIRE are for properties that are currently offered for Sale or Lease. It is not permitted to post listings on the Service that have already been sold or are no longer on the market, i.e. posting listings on the Service for marketing or advertising purposes ("Billboard Listings"). All listings for properties already sold or off-market will be removed.
Keyword Manipulation
AQQIRE offers the ability to search for properties on key words. This is designed to enable searchers to narrow their criteria based on specific requirements. Keyword manipulation is unfair to searchers by returning listings that clearly do not meet their criteria. Keywords identified in the property name, property description, location description or property highlights field that are clearly not relevant to the property being marketed will be removed by Listing Review. Habitual abuse of this policy by a Customer may, at the sole discretion of AQQIRE, lead to the removal of all of that Customer's active listings from the web site and suspension of that Customer's ability to list properties on the Service.
Offensive Language
Use of profanity or vulgar language in any section of the AQQIRE database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Service immediately. Customers posting such language to the AQQIRE web site may be subject to disciplinary action, including indefinite suspension of a Customer's account, temporary suspension or a formal warning.
Use of Information
You agree to treat all information obtained from the Service, including AQQIRE Materials, listings, member directory, and any information otherwise made available to You in the Service (individually and collectively, the "Content") as proprietary to AQQIRE. You agree that Content reserved for Customers will be maintained as confidential and shall be protected as a trade secret of AQQIRE. AQQIRE does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence.
You shall limit access to, viewing of, and use of active property listings and Customer directory, 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. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the AQQIRE Service as part of any effort to compete with AQQIRE, including without limitation using the AQQIRE 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 AQQIRE customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the AQQIRE Service. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy AQQIRE products, services or information; decompile, decode or reverse engineer AQQIRE software; or use AQQIRE products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Passwords/Logins
You are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. AQQIRE is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the User Privileges, Use of Information or Ownership and License Grant sections of these binding Terms and Conditions that relate to confidentiality of account, login or password information.
Payment Terms
Customer agrees to pay for all products ordered through the AQQIRE website or via the AQQIRE sales team using the payment method indicated, and provides AQQIRE 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 AQQIRE 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 incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, AQQIRE may immediately cease to provide any and all Deliverables to the Customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At AQQIRE's option, Customer shall pay such taxes or fees directly or pay to AQQIRE any such taxes or fees immediately upon invoicing by AQQIRE. AQQIRE is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. Customer loyalty or product bundle discounts are subject to cancellation. For subscriptions, AQQIRE may increase subscription prices periodically. 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. No partial month refunds will be provided. Except as otherwise provided herein, all other member subscriptions, including quarterly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or AQQIRE provides thirty (30) days' advance written notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by Customer 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 AQQIRE.
If Customer has a question about a cancellation, Customer should contact AQQIRE accounting team at accounting@AQQIRE.com or at 408-573-1210. 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 (including phone number, email address, credit card numbers, etc.).
The Customer must notify AQQIRE about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to AQQIRE's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
Unsolicited Commercial Email (Spam)
AQQIRE prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Contact Listing Broker, Send to Friend service, Pro Tools, or other email services that AQQIRE offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Pro Tools, You agree to send email only to those who have given You consent or with whom You have an established business relationship. AQQIRE has the right to revoke the privileges of any party who breaches these terms.
Termination
AQQIRE reserves the right to terminate or suspend a Customer's account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of AQQIRE services, nonpayment of fees owed by you in connection with AQQIRE or its affiliates' services, account inactivity or technical or security issues. Upon termination, AQQIRE shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
AQQIRE retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, the AQQIRE Website and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You 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 AQQIRE's technology or delete or alter author attributes or copyright notices. You shall use the AQQIRE system solely for Your own individual use and shall not share passwords with others or allow others to use the AQQIRE system under or through that Your login ID/email and password; nor shall any Member use the AQQIRE system to list properties or conduct searches on behalf of other non-Member brokerage, research, analyst, sales or other similar personnel.
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, including without limitation, (a) all rights associated with works of authorship including 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 AQQIRE BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF AQQIRE'S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER'S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and AQQIRE's entire liability under these Terms and Conditions shall be a refund of the fees paid to AQQIRE hereunder, and in no event will AQQIRE's liability for any reason exceed such fee. AQQIRE (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 AQQIRE (and AQQIRE'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 (including, 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 Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
Warranty Disclaimers
THE LISTINGS, SERVICE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AQQIRE MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND AQQIRE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. AQQIRE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO AQQIRE'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM AQQIRE'S WEBSITE, INCLUDING LISTINGS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AQQIRE OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU
Links to Third Party Sites
This website may contain hyperlinks to other websites operated by parties other than AQQIRE which are beyond AQQIRE's control. Parties other than AQQIRE may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use AQQIRE'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 AQQIRE site. AQQIRE 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 websites. AQQIRE does not assume any liability for the actions, product, and content of all of these and any other third parties. AQQIRE makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves the AQQIRE site, the site you will land on is not controlled by AQQIRE and different terms of use and privacy statements may apply. AQQIRE 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 AQQIRE, Inc.
You agree that AQQIRE shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet. AQQIRE 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. AQQIRE shall have no obligation to (i) resolve disputes among Users, Members and/or Customers or (ii) monitor or verify the accuracy or proper use of the Listings. AQQIRE 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 AQQIRE's corporate website, located at�http://www.AQQIRE.com.
Claims of Copyright Infringement
If you believe that your work has been copied onto AQQIRE in a way that constitutes copyright infringement, please provide AQQIRE's registered DMCA agent the written information specified below:
A description of the copyrighted work that you claim has been infringed;
Identification of the material you claim is infringing, including a description of where such material is located;
Your address, telephone number, and e-mail address;
A signed statement that the information in your notice is accurate, that you have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Address for AQQIRE's DMCA registered agent:
We may forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content. Please note that this procedure is exclusively for notifying AQQIRE that your copyrighted material has been infringed
Brokers and Agents
Any Customer who identifies himself or herself as a broker or agent on the AQQIRE website member registration form or otherwise purports to be a broker on AQQIRE's Find a Broker service hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. AQQIRE does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the AQQIRE website.
Governing Law; Customer Right to Arbitrate
These binding Terms and Conditions, and the Deliverables provided by AQQIRE, shall be governed by the laws of the state of California, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the State of California for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
You acknowledge that any breach of these binding Terms and Conditions, including without limitation the restrictions on competitor use, viewing, or access and the sections above titled "Submission and Administration of Listings" and "Use of Information," or any unauthorized use of the Service, is a material breach of the Agreement and will cause irreparable harm and injury to the Company, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that the Company shall be entitled to injunctive relief. Any User, Member, Customer, or other individual or entity that violates any term of these binding Terms and Conditions is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar contract, including terms and conditions, terms of use and terms of service, asserted by such User, Member, Customer, or other individual or entity, or any affiliate thereof, as binding upon AQQIRE. Material breach of these binding Terms and Conditions harms the integrity, functionality, and reputation of AQQIRE and its affiliates; detracts from Users' and Customers' trust in and use of the Service; and unfairly harms, thereby causing damage to, the business of AQQIRE. You agree that, in the event You materially breach these binding Terms and Conditions, You will pay AQQIRE's reasonable attorneys' fees and costs, to be determined by a court or arbitrator, but not less than $30,000, an amount the parties agree would be the minimum reasonable fee for any legal action required to enforce these binding Terms and Conditions.
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 AQQIRE, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of AQQIRE to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, You agree that the remaining terms and provisions remain in full force and effect.
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 Member Services at AQQIRE.
Entire Agreement
Except as provided herein, 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.
Last Updated: September 18, 2017
