Brownfield Listings LLC
Effective Date: March 1, 2016
In order to use the Services and are an individual, you must register yourself as a user on the Site and create an account. If you represent an organization, you or someone else within your organization that is authorized to do so must register that organization on the Site and obtain an Account for that organization. You and/or any such organization must provide accurate, complete, and current information for your Account. BL reserves the right to suspend or terminate your Account if you do not provide accurate, complete information for your Account and keep such information current, including without limitation credit card or other billing information. You agree not to disclose your Account password to any third party and notify BL immediately of any unauthorized use of your Account. You are responsible for maintaining the confidentiality of your Account information and for ensuring that only authorized individuals have access to your Account. You are responsible for all actions taken or content added through your Account. BL is not responsible for loss or theft of your Account.
By using our Services and providing us with your contact information, you agree that we can send you communications about our Services. By using our Services or by filling out any forms on or through the Services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. Mobile phone charges may apply. From time to time, when you call us we may wish to record those phone calls for quality assurance and customer satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.
The Services’s users are solely responsible for their own content("User Content"),whether with or without review or approval by us or any third party;consequently, the User Content is subject to change without notice.
The User Content appearing on the Services could include technical, typographical, or photographic errors. You acknowledge that such User Content may contain inaccuracies or errors and expressly exclude us from liability for any such inaccuracies or errors to the fullest extent permitted by law. The Services are an open due diligence, self-marketing, social media platform; consequently, the Services’s users are responsible for their own contributions to the User Content, and some may upload information or data they know or suspect to be inaccurate, incomplete, out-of-date, or containing errors in order that such flaws may be discovered and through further diligence corrected or otherwise negotiated by and with other users.
Your use of any information or materials on the Services is entirely at your own risk, for which BL shall not be liable in any event including our negligence or the negligence of third parties. It shall be your own responsibility to ensure that any products, services, or information available through the Services meet your specific requirements.
Nothing contained in the Services is an offer or promise to sell a specific property, service or product for a specific price or that any other user or advertiser will sell any property, product or service for any purpose or price or on any specific terms. The Services are provided solely as a forum and online information portal and exchange that may connect property owners, property sellers, and property-related service providers. BL does not provide any real estate brokerage, appraisal or property-related services, and we do not hold ourselves out as being licensed to perform any such services. BL does not act as a real estate agent for you or any other user. BL does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, BL does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. BL never represents you in any transactional capacity, e.g. as a broker or attorney. BL does not provide legal services or offer legal advice.
By creating an Account, you agree that you are signing up for the Services in good faith, and that you mean to use them only for their intended purposes as real estate information and marketing tools and for no other reason.
If you have a dispute with one or more users or a third party based on your use of the Services or with respect to User Content you have uploaded to the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
BL does not sponsor, endorse, recommend or approve of any owner, seller, or service provider who offers property, products or services through the Services.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON THE SITE OR THE SERVICES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO THIS SITE OR SERVICES OR IN THE RESULTS OF ANY THIRD PARTY SEARCH ENGINE WHATSOEVER.
From time to time the Services may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that BL endorses the linked website(s). BL has no responsibility for the content of the linked website(s).
The Services are the property of BL and subject to the intellectual property rights of BL ©2015 Brownfield Listings, LLC All rights reserved. The Services contain material that is owned by or licensed to BL. This material includes, but is not limited to, the design, layout, look, appearance, graphics, data and assembly of data. Reproduction is prohibited other than in accordance with the copyright notice appearing on the Services, which forms part of these terms and conditions. Further, by use of the Services you agree you will not reproduce the materials contained on the Services which are not your own property without our express written consent. We reserve all rights that are not expressly granted to you under this Agreement. All trademarks reproduced in the Services that are not the property of, or licensed to BL are acknowledged on the Services, which may be subject to copyright without notice on the Services. All non-BL trademarks, registered trademarks, product names, and logos appearing on our Services are the property of their respective owners. If you wish to use material contained on this Services other than for your individual review and informational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material.
By uploading any User Content to the Services, you expressly grant, and you represent and warrant that you have a right to grant, to BL a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit,translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services or other services of BL or affiliated companies or partners.
BL reserves the right to modify or discontinue (completely or in part) our Services, or any content appearing therein, in whole or in part. BL will not be liable to you or any third party if we exercise this right.
Users of the Services must not:
- Monitor, gather or copy any User Content on the Services by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
- Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
- Post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including without limitation intellectual property rights) or that is in violation of any federal, state, or local law, rule, or regulation.
- Post copyrighted material without permission from the owner of the copyright, including without limitation photographs or other content you upload via the Services.
- Disclose confidential or sensitive information, including without limitation information that would potentially be viewed as an invasion of privacy.
- Engage in any activities through or in connection with the Services that seek to attempt to harm minors or are defamatory, unlawful, offensive, obscene, pornographic, indecent, threatening, harassing, abusive, fraudulent, purposely false or misleading, or otherwise harmful, or that violate any right of any third party.
- Attempt to circumvent the security systems of the Services.
- Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any server utilized by BL.
- Attempt to use the Services for any purposes other than those intended by BL, as determined by BL in its sole discretion.
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- Engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services. You also agree that, in using the Services, you will not impersonate any person or entity.
If you are a real estate professional or other service provider using the Services, you agree that you will not use any information about BL users that is transferred to you during your use of the Services (for example, contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with services for which they contacted you. You shall not rent, sell or otherwise provide this information to any third party. Further, you shall not spam, harass or use such information for any illegal or harmful purpose or in any manner that reflects poorly on BL.You may only use our Services in compliance with all applicable laws.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
- Arbitration Procedures
- Costs of Arbitration
- Opt-Out Procedure
- Future Changes to the Agreement to Arbitrate
YOU AND BL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BL USERS. BL AND YOU BOTH AGREE TO WAIVE THE RIGHT TO A JURY TRIAL.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings:
Brownfield Listings, LLC c/o
Troglia Kaplan Attorneys
Attention: Josh Kaplan
1765 N. Elston Avenue, Suite 211
Chicago, Illinois 60642
The arbitration shall be held in the County of Cook, State of Illinois or another venue selected by BL at our sole discretion. If the value of the relief sought is $10,000 or less, you or BL may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and BL subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or BL, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different BL users, but is bound by rulings in prior arbitrations involving the same BL user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse BL for all fees associated with the arbitration paid by BL.
IF YOU ARE A NEW BROWNFIELD LISTINGS USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN, SIGNED LETTER INDICATING YOUR DEMAND TO OPT OUT OF THE AGREEMENT TO ARBITRATE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO BROWNFIELD LISTINGS, LLC, ATTN: Troglia Kaplan Attorneys, RE: OPT-OUT NOTICE, 1765 N.Elston Avenue Suite 211, Chicago, Illinois 60642
This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
BL makes no representation that materials on the Services are appropriate or available for use in locations outside the United States. Access to the Services from countries or territories where such access is illegal is prohibited. Those who choose to access this Services outside the United States do soon their own initiative and are responsible for compliance with local laws.
THE CONTENT OF THE PAGES OF THE SITE AND SERVICES IS PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" AND FOR YOUR GENERAL INFORMATION AND INDIVIDUAL USE ONLY. NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY EITHER EXPRESSED OR IMPLIED, OR GUARANTEE THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, OR SUITABILITY OF THE CONTENT FOUND OR OFFERED ON THE SERVICES FOR ANY PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY, CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE, OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. ALL USE OF OUR SERVICES IS AT YOUR SOLE RISK.
You release BL and its officers, directors, members, managers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Termination of Repeat Infringer Accounts : The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notices : If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512)("DMCA") by sending the following information in writing to the Company’s designated copyright agent at:
Troglia Kaplan Attorneys
Attention: Josh Kaplan
1765 N. Elston Avenue, Suite 211
Chicago, Illinois 60642
The date of your notification
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notices : If you believe that your User Content that has been removed from the Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company's discretion) be reinstated on the Services in 10 to 14 business days or more after receipt of the counter-notice.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BL, ITS AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, OR CONTRACTORS, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE OR SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH BL OR ANY OTHER USER OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.