Website Terms and Conditions of Use

Last Updated: May 1, 2022

Policies

NACREP TERMS OF USE AND INTELLECTUAL PROPERTY NOTICE

Click here to read our Privacy Policy.

These Terms of Use constitute a contract between you and NACREP LLC and/or its subsidiaries or affiliates ("NACREP"). These Terms of Use contain an agreement to arbitrate all claims as well as disclaimers of warranties and limitations of liability. The terms of the Intellectual Property Notice within this NACREP Legal Notice are expressly incorporated fully into these Terms of Use, and you agree to be bound by the most current version of the aforementioned. These provisions form an essential basis of our bargain. Please read these terms carefully.

1. Acceptance of Terms

Use of this website or mobile application ("Sites") and its content, including but not limited to information, reports, images, products, services and data provided or accessible in connection with the Sites (collectively, the "Services"), are governed by these Terms of Use. The Services include, but are not limited to, the Sites, NACREP online application ("NACREP"), the direct marketing lists obtained from NACREP, and the data contained within the direct marketing lists. If there is a conflict between these Terms of Use and a separate written agreement or agreements between you and NACREP related to some or all of the Services, the terms of the latter shall control with respect to your use of the Services referenced in those separate agreement or agreements.

2. Changes in Terms of Use.

NACREP may modify these Terms of Use from time to time by posting modified Terms of Use on or accessible through the Sites, or by otherwise notifying you of such modifications. Your continued use of the Services thereafter will constitute your agreement to such modifications. At the time of any material modifications, NACREP will change the "Last Updated" date below. You agree to review these Terms of Use prior to each use of the Services so that you are aware of any changes.

3. License and Access

Subject to your compliance with these Terms of Use and in consideration of any applicable fees, NACREP grants to you a revocable, non-sublicenseable, non-transferable, non-exclusive license to use the Services as permitted herein. All rights and uses of the Services not expressly granted in this Section are reserved to NACREP.

This license grants you the right to access and make personal and non-commercial use of the Services. Notwithstanding the foregoing, if accessing the Services in your professional capacity, you and employees or contractors performing services solely for your benefit ("Permitted Users") may make commercially reasonable use of the Services for internal use or audit purposes or to provide your customers with information or single copies of materials provided by NACREP through the Services. For the avoidance of doubt, you acknowledge and agree that the scope of the license provided by NACREP, notwithstanding any contrary term herein, is provided on a single-use, single-customer basis only and you or the Permitted Users may collectively use each address connected to a given property one (1) time only for direct marketing activities, including but not limited to: promoting, marketing, surveying or soliciting by way of advertising or promotional materials, such as flyers, pamphlets, brochures, and mailers whether in print or other media. You and Permitted Users shall not: (i) provide access to the Services to any third party, (ii) provide materials obtained from the Services to any third party without the prior, written consent of NACREP, or (iii) resell, relicense or redistribute the Services in whole or in part to any third party. You are responsible for advising any users of the Services, permitted in this Section, of the requirements of these Terms of Use and guaranteeing such user's compliance thereof.

Unless NACREP specifically agrees in writing, the license granted herein does not include the right to: (i) distribute or display the Services, in whole or in part, to the general public; (ii) use, copy, display, modify, create derivative works based on, merge or transfer copies of the Services, in whole or in part, except as expressly provided in these Terms of Use; (iii) alter or remove any copyright notice or proprietary legend contained on or within the Services and that any such ownership notice must be retained as originally provided; (iv) use, or permit your employees, agents and subcontractors to use the trademarks, service marks, copyrighted material, logos, names, or any other proprietary designations of NACREP, or its affiliates, whether registered or unregistered; and/or (v) sublicense, sell, rent or lease the Services, in whole or in part, or otherwise transfer such to a third-party.

4. Additional Use Restrictions

Both during and after the termination or expiration of these Terms of Use, you agree to not, and will ensure that Permitted Users do not:

(a) use any robot, spider, web crawler or other automatic or manual device, tool or process to access, monitor, retrieve, data mine, reproduce or circumvent any portion of the Services, or in any way circumvent the navigational structure or presentation of the Services or portion thereof;

(b) attempt to gain unauthorized access to any portion of the Services by any means;

(c) attempt to modify, adapt, reverse engineer, decompile, translate or disassemble any portion of the Services or otherwise attempt to derive the source code or underlying ideas, programs or algorithms associated with the Services;

(d) establish a link or deeplink to the Sites and/or framing the Services in whole or in part on your website or any third-party websites without NACREP's prior written consent. Notwithstanding the foregoing, search engines and Internet navigation tools may participate in such scraping or web crawling solely for display in web search results to the extent permitted as "fair use" under applicable copyright law;

(e) disclose, use, disseminate, reproduce or publish any portion of the Services in any manner other than as expressly permitted by these Terms of Use;

(f) permit any parent, subsidiary, other affiliated entity or other third party, including any third party entity involved in a joint marketing arrangement with you, to use the Services or any portion thereof;

(g) grant access to the Services, or any portion thereof, to individuals incarcerated in prisons or correctional institutions;

(h) allow access to the Services through any terminal located outside of your operations;

(i) use the Services outside the United States;

(j) use the Services to create any derivative products;

(k) use the Services to create, enhance or structure any database in any form for resale or distribution;

(l) process or permit to be processed the Services or any portion thereof, with other data from any other source;

(m) merge or incorporate the Services with any other file;

(n) use the Services to enhance a file or list owned by any third party;

(o) use the Services to develop any list, enhancement or product;

(p) use the Services to prepare, publish, clean or maintain any directory;

(q) refer to any selection criteria or any presumed knowledge about the consumer being contacted in any direct mail solicitation or survey;

(r) use the Services for any purpose that (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or (ii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; or

(s) disclose NACREP as a data source to any consumer or other third party unless required by federal, state or local laws or government regulations and with prior written notice to NACREP.

In addition, you understand that the data has not been collected for credit purposes and is not intended to be indicative of any consumer's credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 1681(a) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. You shall not use, and shall ensure that all Permitted Users do not use, the Services (i) as a factor in establishing an individual's eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority, (v) in any way that would cause the Services to constitute a "consumer report" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or (vi) in any other manner that would cause such use of the Services to be construed as a consumer report by any pertinent governmental authority.

Any unauthorized use or misuse of the Services may be a cause for terminating your right to use the Services. NACREP reserves the right, in its sole discretion, to terminate access to any part or portion of the Services with or without notice.

5. Confidential Information

Each party may obtain nonpublic information from the other party that is confidential and proprietary in nature that is either marked confidential or would normally be considered confidential under the circumstances ("Confidential Information"). You and NACREP agree that at all times, and notwithstanding the termination or expiration of these Terms of Use, each party shall hold all Confidential Information of the other party in strict confidence and trust with the same standard of care it uses to protect its own Confidential Information, and shall not use, reproduce or disclose the Confidential Information of the other party to any person or entity except to those of its employees, contractors, consultants and advisors who need to know and have agreed to keep it confidential under terms and conditions at least as restrictive as those set forth herein. Any reproduction of Confidential Information shall remain the property of the disclosing party and shall contain all confidential or proprietary notices or legends which appear on the original, unless otherwise authorized in writing by the disclosing party. Each party is responsible for any actions of its employees, contractors, consultants and advisors in violation of this section. The recipient shall promptly notify the disclosing party upon confirming any loss or unauthorized disclosure of the disclosing party's Confidential Information.

Confidential Information does not include information that: (i) the recipient already knew; (ii) becomes public through no fault of the recipient; (iii) was independently developed by the recipient; or (iv) was rightfully given to the recipient by another party.

Each party may disclose the other party's Confidential Information when required by law, but only after it, if legally permissible: (i) uses commercially reasonable efforts to notify the other party; and (ii) gives the other party the chance to challenge the disclosure.

6. User Provided Materials

For any content you or Permitted Users post or otherwise provide to NACREP in connection with use of the services, including information, data, images, and any attached metadata (collectively, "User Provided Material") you hereby grant NACREP a perpetual, non-revocable, transferable, sub-licensable, royalty free worldwide license to use, distribute, copy, display, modify, transmit, reproduce, incorporate into other works, or prepare derivative works of the User Provided Material. You represent and warrant that you own the User Provided Material or otherwise have the right to grant the rights and licenses set forth in these Terms of Use and that NACREP's use of the User Provided Material will not infringe the rights of any third party, including but not limited to privacy rights, publicity rights, copyrights, trademarks, and/or other intellectual property rights.

7. Fees

You shall pay applicable license fees as well as any applicable taxes and delivery fees as set forth when ordering Services that require payment. When ordering Services, you will be required to provide valid and updated credit card information and accurate billing and contact information. You authorize charges to be made against the credit card you provide each time you place an order for Services.

8. Registration

Registration with NACREP for use of the Services establishes a business relationship between you and NACREP. NACREP MAY CONTACT YOU BY CALLING OR SENDING A TEXT MESSAGE TO THE TELEPHONE YOU PROVIDED AND/OR BY EMAIL AT THE ADDRESS YOU PROVIDED EVEN IF THE NUMBER OR EMAIL ADDRESS IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST. With respect to both telephone and email communications, NACREP will provide a means by which you may opt-out of future communications.

NACREP may refuse to allow any user to register for or use the Services for any reason at its sole discretion. You agree to supply accurate and complete information when creating an account and when using the Services. You agree to not insert false, fraudulent, indecent, or obscene information as part of the registration, that you will provide accurate and complete information, and that your registration will comply with all applicable state and federal laws as well as these Terms of Use.

You may not share account or login information with any third party or let any third party access the account. You are fully and solely responsible for maintaining the confidentiality of the login information for the account and for the security of your computer system, mobile device and all activity on the account, even if such activities were not committed by you. You agree to provide for physical security of the Services with the same degree of care (provided that such is at least a reasonable degree of care) that you use to protect your own systems and most sensitive data. NACREP will not be liable for any losses or damage arising from unauthorized use of the Services and you agree to indemnify, defend and hold harmless NACREP for any damage or harm it may suffer pursuant to the section below entitled "Indemnification of NACREP."

9. Termination

NACREP may terminate your account and authorization to use and access the Services, at any time and for any reason. Termination without cause will not affect your right to continue using Services previously purchased and paid for in full in accordance with these Terms of Use, or your obligation to pay for Services ordered at the time of termination, which have not been already paid for.

Either party may terminate these Terms of Use if the other party breaches any material provision hereunder and fails to cure the breach within thirty (30) days after receiving written notice of the breach from the non-breaching party or immediately upon notice to the breaching party if such breach is not capable of being cured. In the event of such termination for cause, NACREP will terminate your account and access to the Services and within thirty (30) days of such termination you shall make commercially reasonable efforts to cease use of the Services as well as certify in writing that all know copies of materials made available through the Services, including archival and backup copies, have been destroyed.

10. Links to Other Websites and Related Disclaimer.

The website may include links to other websites beyond the control of NACREP. NACREP provides you with these links solely for your convenience. Some of these websites may be co-branded (i.e., bear the name and/or logo of both a third-party service provider and NACREP). The provision of any link to another service provider does not signify an endorsement by NACREP of the service provider's website or the services offered by that service provider. NACREP has no control over, does not review, and cannot be responsible for the information contained on other websites. Your use of such websites will be subject to that website's terms and conditions. YOU AGREE THAT NACREP WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR ARISING FROM THE INFORMATION ON ANOTHER WEBSITE OR AS THE RESULT OF A TRANSACTION YOU ENTER INTO THROUGH ANOTHER WEBSITE.

11. Potential Disruption of Service.

Access to the Sites may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of NACREP.

12. Indemnification of NACREP

You agree to indemnify, defend and hold NACREP harmless from and against all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from a claim, suit or proceeding brought against NACREP by a third party arising out of or related to: (i) the use of the Services and its content by you, Permitted Users or anyone using your account, password, login information, computer or mobile device ("Additional Users"), (ii) your provision of or NACREP's use of any User Provided Material under these Terms of Use, and/or (iii) violation of these Terms of Use by you, Permitted Users or Additional Users. NACREP shall control the defense and any settlement of such claim, and you shall cooperate with NACREP in defending against such claim.

13. Representations and Warranties

Each party represents and warrants that it has full power and authority to enter into these Terms of Use. You represent and warrant that you and all Permitted Users will: (i) comply with all applicable laws, statutes, ordinances and regulations with respect to your use of the Services, including but not limited to those governing fair information practices, consumers' rights to privacy, and non-solicitation; (ii) comply with the published guidelines of the Direct Marketing Association and other applicable industry guidelines, regarding the use, storage and dissemination of data such as the Services; and (iii) limit access to consumer information to those individuals who have a "need to know" in connection with your business and will obligate those individuals to acknowledge consumers' rights to privacy and adhere to fair information practices and consumers' right to privacy. NACREP represents and warrants that it has all necessary rights to grant the license set forth in these Terms of Use. EXCEPT FOR THE EXPRESS WARRANTIES MADE IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, AVAILABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO NACREP), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM PURCHASE OF THE SPECIFIC SERVICE AND TO THE DOLLAR AMOUNT OF SUCH SERVICE.

14. Exclusions and Limitation of Liability

NACREP SHALL NOT BE LIABLE UNDER OR IN CONNECTION WITH TRANSACTIONS CONDUCTED UNDER THESE TERMS OF USE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, LOSSES OF BUSINESS, REVENUE OR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE OR NACREP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY CONTRARY TERM HEREIN, YOU AGREE THAT NACREP SHALL NOT BE HELD LIABLE FOR ANY AMOUNT IN EXCESS OF THE AGGREGATE SUM OF ALL PAYMENTS MADE BY YOU TO NACREP DURING THE 3-MONTH PERIOD ENDING ON THE DATE ANY SUCH LIABILITY ARISES.

15. Records and Audits

You agree to maintain current, accurate and complete records relating to its use of the Services for at least twelve (12) months after any direct marketing activity, including, but not limited to: sample mail pieces, ad copy and other communications, as applicable. NACREP, or any representative it designates, shall have the right to examine, copy and make extracts from all such records and any source documents used in preparation thereof, at any time during normal business hours, provided NACREP gives Customer reasonable notice prior to any such examination.

At any time upon NACREP's request, you will provide NACREP with a copy of the direct mail solicitations used in connection with the Services. Upon reasonable notice, NACREP reserves the right to review any such solicitations for compliance with these Terms of Use. In the event you fail to provide such items, NACREP may delay delivery of the Services with no liability. If, in the sole judgment of NACREP, the subject solicitations fail to comply with these Terms of Use, NACREP may cancel or terminate your account and authorization to use and access the Services, with no liability.

NACREP reserves the right, during normal business hours, on reasonable notice, and at NACREP's expense, to audit you to ensure your compliance with these Terms of Use. NACREP shall select an auditor in its sole discretion. If such auditor determines there has been a breach in Customer's compliance with these Terms of Use, NACREP may immediately terminate your account and authorization to use and access the Services and pursue its other legal remedies. Should you not cooperate with NACREP's audit request within five (5) days, you shall be deemed to have conclusively admitted to a material breach in your compliance for which NACREP may immediately terminate your account and authorization to use and access the Services and pursue its legal remedies.

16. Relationship of the Parties

Nothing in these Terms of Use or the course of transacting between you and NACREP shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between you and NACREP, and neither party shall have authority to contract for or bind the other in any manner whatsoever.

17. Assignment, Waiver, Third-Party Beneficiaries

NACREP may assign these Terms of Use, in whole or in part, at any time with or without notice to you about such assignment. You may not assign or transfer any part of these Terms of Use without the written consent of NACREP.

Failure to enforce any provision herein will not constitute a waiver.

There are no third-party beneficiaries to these Terms of Use.

18. Equitable Relief

You acknowledge that the Services are a valuable commercial product, the development of which involved the expenditure of substantial time and money. Any violation of the licenses granted hereunder, confidentiality obligations or infringement or misappropriation of NACREP's intellectual property rights shall be deemed a material breach of these Terms of Use, for which NACREP may not have adequate remedy in money or damages, and NACREP may seek injunctive relief, in addition to (and not in lieu of) such further relief as may be granted by a court of competent jurisdiction, without the requirement of posting a bond or providing an undertaking.

19. Dispute Resolution

TRANSACTIONS ASSOCIATED WITH USE OF THE SITES HEREUNDER CONSTITUTE A TRANSACTION IN INTERSTATE COMMERCE AND any claim or controversy arising out of or relating to the use of these Sites or to any acts or omissions for which you may contend NACREP is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1 ET SEQ. This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act and is intended to satisfy the writing requirement thereunder.

YOU THUS GIVE UP THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration will be conducted in Orange County, California. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you will select an arbitrator from a panel of arbitrators acceptable to NACREP. In any arbitration, NACREP will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.

Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms of Use with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Orange County, California. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys' fees.

20. Governing Law

These Terms of Use and all transactions hereunder shall be governed by and construed in accordance with the laws of the State of California, which apply in all respects including statutes of limitations, without giving effect to its principles of conflict of law. No choice of law rules of any jurisdiction will apply to nullify this choice of law.

21. Severability

If any provision of these Terms of Use becomes or is declared invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms of Use or invalidate or render unenforceable such provision in any other jurisdiction. Upon such determination that any provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms of Use so as to give effect to the original intent herein as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby can be consummated as originally contemplated to the greatest extent possible.

22. Entire Agreement

These Terms of Use constitute the parties' entire agreement relating to its subject and supersedes any prior or contemporaneous agreements, purchase orders, representations, understandings, and negotiations, written or oral, between the parties for use of the Services.

23. Notices

All notices to NACREP relating to these Terms of Use shall be in writing and sent to the following:

NACREP LLC

Attn: Legal Department

800 Third Avenue Suite A #1322

New York, NY 10022

NACREP will give you notice pursuant to the authorized means of communication discussed above in the section entitled "Registration." You agree that all agreements, notices, disclosures and other communications that NACREP provides to you through any electronic means satisfy any legal requirements that such communications be in writing. Notices shall be deemed given when notice is posted on the website or otherwise provided in connection with the Services, or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.

24. INTELLECTUAL PROPERTY NOTICE

NACREP Proprietary Information

The Services are proprietary information owned by NACREP LLC and/or its licensors and are further protected by copyrights, trademarks, patents, service marks and other proprietary rights and laws. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly, and the overall "look and feel" and distinctiveness of the Services constitute trade dress and the property of NACREP. No part of the Services may be sold, licensed, copied, reproduced, distributed, modified, transmitted, published, edited, or used to create a derivative work, further developed, reversed engineered, disassembled, or accessed for the purpose of deriving source code of the Services, or any updates or part thereof. Any attempt to do any of the foregoing is a violation of NACREP's rights and the rights of its licensors unless otherwise permitted under the terms of an agreement between you and NACREP. In addition, you agree that any derivative works, improvements, inventions or works developed by you or Permitted Users based upon or relating to the Services involving a breach of these terms shall be owned by NACREP, and you hereby assign and agree to assign to NACREP such derivative works, improvements, inventions or works developed by you. No ownership or other rights are granted to you or any Permitted User by these Terms of Use, except for the limited license provided herein.

25. Claims of Copyright Infringement; DMCA Takedown.

This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA") for the reporting of alleged copyright infringement. NACREP respects the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Services are required to respect the legal protections provided by applicable copyright law.

Upon receipt of notification of claimed infringement, NACREP will follow the procedures outlined herein and in the DMCA. NACREP's "Designated Agent" to receive notification of alleged infringement under the DMCA is listed below. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, notify NACREP in writing:

NACREP LLC

Attn: Legal Department

800 Third Avenue Suite A #1322

New York, NY 10022

info@NACREP.org

(801) 613 7597

Any claim of copyright infringement should include sufficient information to enable NACREP to evaluate your claim and to take appropriate action. A notice of alleged copyright infringement to the Designated Agent must include the following:

An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NACREP to locate the material.

Information reasonably sufficient to permit NACREP to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted

A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if NACREP is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, user-posted material that is claimed to be infringing. NACREP will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent. Under appropriate circumstances, NACREP may, in its discretion, terminate authorization of users of the Services who are repeat infringers.

AWARD RULES AND LEGAL DISCLAIMER

NACREP may select multiple winners per award category at its discretion.

NACREP, its staff, and its owners reserve sole and final judgment as to all matters concerning awards and interpretation of award rules.

By accepting an award prize or entering any award run by NACREP, you agree to abide by the following terms.

How To Win/Eligibility

· No purchase is necessary to win our awards.

· There is no limit on the number of nominations an individual may submit per award. However, each nomination will be judged on its own merits and submitting multiple nominations will not arithmetically increase the likelihood of winning.

· Nominees must be over 18 years of age and a legal resident of the fifty United States or the District of Columbia to win unless otherwise specified.

· NACREP staff are not eligible to participate.

· Nominations must be sent using the formats provided and sent to the designated email addresses, where applicable.

· There is no limit on how many different awards an individual may win in a given year.

· Keep your email address current. If we cannot contact you by email, the award may be given to another deserving nominee.

· Make sure your email filters do not prevent us from contacting you.

Award Selection Deadlines

· Each award has its own nomination deadline.

· All nominations must be submitted on or before 10 PM CST on the date set forth for each specific award.

· Unless otherwise specified, award deadlines will conclude on the final day of the same calendar year that the award nomination window began.

· Unless otherwise specified, awards will begin accepting nominations on the first day of the same calendar year that the award nomination window began in.

Winner Selection and Notification

· The likelihood of winning varies from award to award depending on the number and quality of nominations received.

· All award winners will be notified by email only.

· Award sponsors will contact winners by email to confirm winnings.

· The decisions made by the judges regarding each award winner are final and binding.

Failure to Claim Award

· If a winner cannot be reached after NACREP has made reasonable, good faith efforts to notify them, NACREP reserves the right to select an alternate winner.

· If a winner does not respond to award sponsor(s) within 21 days of being notified of winning, NACREP reserves the right to select an alternate winner.

· If a winner’s notification email is returned undeliverable, NACREP reserves the right to select an alternate winner.

· While we do send emails requesting follow-up information to each winner, NACREP assumes no responsibility to ensure winner response.

General Conditions

· No purchase necessary. Making a purchase will not increase your chances of winning an award. Void in Canada, Puerto Rico and where prohibited by law. All decisions of NACREP are final. By submitting a nomination, participants warrant and represent that they agree to be bound by these award rules and the final decisions of NACREP.

· Winners are solely responsible for any applicable taxes, fees or costs associated with receiving an award, including but not limited to federal, state or local income taxes.

· All awards will be emailed or mailed to U.S. winners free of charge.

· All awards distributed to winners are the sole responsibility of the award sponsor(s). The specifics of award fulfillment and delivery are at the sole discretion of the award sponsor(s).

· NACREP reserves the right to modify or discontinue awards at its discretion.

· NACREP reserves the right to modify the dates and/or terms of awards at any time without prior notice.

· Awards are subject to all federal, state and local laws and regulations and shall be governed by the laws of the State of Nevada. By participating, entrants agree that the courts of Nevada shall have exclusive jurisdiction over any dispute or litigation arising from or relating to the award program and agree that Washoe County, Nevada, shall be the venue for the same.

· Awards have no cash value and may not be redeemed for cash. Awards may not be transferred or substituted except at the sole discretion of NACREP or the award sponsor.

· NACREP reserves the right to substitute alternate awards of substantially similar value at its discretion or the discretion of award sponsors.

· Awards are offered “as is” with no written, express, or implied warranty. NACREP is not responsible for replacing awards damaged during shipping or by other causes beyond its reasonable control.

· NACREP is not responsible for late, lost, illegible, misdirected, mutilated or incomplete nominations.

· Anyone using fraudulent means to participate and/or win the award will be disqualified. ANY ATTEMPT BY AN ENTRANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE AWARD MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES ALL RIGHTS, INCLUDING THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY ENTRANT ATTEMPTING TO DO SO TO THE FULLEST EXTENT OF THE LAW, INCLUDING REPORTING SUCH ACTIVITIES TO THE APPROPRIATE AUTHORITIES WHICH MAY RESULT IN OR LEAD TO CRIMINAL PROSECUTION.

· NACREP reserves the right, in its sole discretion, to cancel, modify or prematurely conclude an award should technical failures, fraud, or other factors beyond NACREP’s reasonable control compromise the integrity or proper operation of the award program.

· In the event an award is canceled prematurely for any reason, NACREP will use reasonable efforts to pick an alternate winner, but in the event an alternate winner cannot be determined, the award(s) will not be provided.

Publicity

· By accepting an award, winners agree to allow NACREP to use their name, likeness, city, state, winning nomination and/or award status for promotional purposes without additional compensation.

· By submitting a nomination, you agree to allow NACREP to use winning nominations on NACREP’s website and its affiliated websites without additional compensation and for an indefinite period.

· By accepting an award, you agree to allow NACREP to use winning nominations on the NACREP website and its affiliated websites without additional compensation and for an indefinite period, or prohibited by law.

· Participants agree that the sole and final judgment as to all matters concerning awards and interpretation of award rules are at the sole discretion of NACREP, its owners and its staff. · Participants agree that the American Arbitration Association shall have jurisdiction over any dispute or litigation arising from or relating to the awards sponsored by NACREP, should any part of this agreement not be legally binding.

Arbitration

Any dispute, controversy or claim arising out of or relating to the NACREP award program, including the formation, interpretation, breach or termination of these Award Rules and Legal Disclaimer, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be Washoe County, Nevada. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

By participating in the NACREP award program, you agree to submit to the exclusive jurisdiction of the courts of Nevada for the enforcement of these arbitration provisions and any arbitration award. Arbitration costs will be borne equally by the parties, except that NACREP will pay the portion of the filing fee in excess of the fee for filing a civil action in Nevada state court. The arbitrator shall have the authority to award any remedy or relief that a Nevada state court could order or grant, including, without limitation, specific performance, injunctive relief, rescission, or restitution. The arbitrator shall issue a written decision that includes the essential findings and conclusions upon which the award is based.

The prevailing party in arbitration or litigation shall be entitled to recover reasonable attorneys' fees and costs. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this provision.

Releases/Hold Harmless

NACREP, its owners, its staff, its affiliates, its advertisers, and its award donors are not liable or responsible for:

· any claims, damages, losses, injuries, or death including any third party claims, arising from or relating to, in whole or in part, any award, including nomination, entry and participation in any award program, and acceptance, possession, use or misuse of the awards.

· nominations that do not follow guidelines.

· nominations and responses to winner notifications that are illegible, incomplete, late, lost, misdelivered, marked postage-due, or undeliverable.

· any technical or human errors, malfunctions, failures, etc. resulting in errors in award program operation.

Award Releases

NACREP, its owners, its staff, its affiliates, and its advertisers are not liable or responsible for:

· award sponsors who do not follow through with delivery of prizes.

· awards that are lost in the mail, arrive damaged, are defective, or have other unforeseen problems.

· substituting another award in lieu of the original award

1. Terms

By accessing this Website, accessible from NACREP.org, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials on NACREP.org's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;

• use the materials for any commercial purpose or for any public display;

• attempt to reverse engineer any software contained on NACREP.org's Website;

• remove any copyright or other proprietary notations from the materials; or

• transferring the materials to another person or "mirror" the materials on any other server.

This will let NACREP.org to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.

3. Disclaimer

All the materials on NACREP.org’s Website are provided "as is". NACREP.org makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, NACREP.org does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website. NACREP can not and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. What we can guarantee is your satisfaction with our certification. We give you a 30-days 100% satisfaction guarantee on the products we sell, so if you are not happy for any reason with the quality of our certification, just ask for your money back. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration or certification here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

By using NACREP.org, you acknowledge that NACREP and NACREP.org are not affiliated with any other organization, including but not limited to commercial or governmental organizations, and by using NACREP.org you accept that our certification is not required to conduct Real Estate transactions in any jurisdiction. Our certification is strictly for your personal use and does not grant you the authority to conduct Real Estate transactions.

With regards to automatic renewal plans listed on NACREP.org, each Term shall automatically renew for subsequent periods of the same length as the initial Term unless either party gives the other written notice of termination prior to expiration of the then-current Term. NACREP reserves the right to provide refunds at the customer’s request in special circumstances that otherwise would not normally qualify for a refund.

4. Limitations

NACREP.org or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on NACREP.org’s Website, even if NACREP.org or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on NACREP.org’s Website may include technical, typographical, or photographic errors. NACREP.org will not promise that any of the materials in this Website are accurate, complete, or current. NACREP.org may change the materials contained on its Website at any time without notice. NACREP.org does not make any commitment to update the materials.

6. Links

NACREP.org has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by NACREP.org of the site. The use of any linked website is at the user’s own risk.

7. Site Terms of Use Modifications

NACREP.org may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

8. Your Privacy

Please read our Privacy Policy.

9. Governing Law

Any claim related to NACREP.org's Website shall be governed by the laws of us without regards to its conflict of law provisions.