The use of AssureServe .com (“Website”) and services on this Website provided by AssureServe , a property company located in Loganville, Georgia (“Company”), are subject to the following Terms and Conditions (“Terms”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (“Website”) and any services provided by or on this Website (“Services”). AssureServe , Company, Us, We, Our, Ours and other first-person pronouns will hereinafter refer to the Company, as well as all employees and affiliates of the Company. You, as the user of the Website, will hereinafter be referred to with second-person pronouns such as You, Your, Yours, or as User or Client.
Agreement to Terms
Also, if you are accessing and using the Website on behalf of a Buyer, Seller, or other person, or an entity or company (such as your employer, a corporation or a trust), or acting as the agent of any of the foregoing, you represent and warrant that you have the full legal authority and capacity to bind that Buyer, Seller, or other person, or entity or company to the applicable Terms. In that case, “you” and “your” will refer to that Buyer, Seller, person, agent, or company or other entity.
You must be at least 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you must be above the age of majority in your jurisdiction, to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age be above the age of majority in your jurisdiction , and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age. We will provide you with access to the Website and Content on these Terms and Conditions. The Website primarily acts as a link between real estate agents, property builders and developers and buyers and renters of real estate. You, as an individual, may use the Website to facilitate this process via the services offered on the Website. AssureServe is not, and does not act as, your agent, nor does AssureServe receive any commissions for any sale facilitated through use of the Website.
Registration and Account Obligations
You may need to create an account (“Account”) with AssureServe in order to access or use certain parts of the Website and Content. If you want to participate in or make an offer in connection with an auction, purchase or sale, or participate in any marketing event, you will have to register with us. You can do this via the Site or through your account with certain third- party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information, such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. Your SNS Account may not allow you to the full functionality of the Services and additional information may be necessary to take advantage of all Services.
When register via the Site, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name, physical address and telephone number. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You are responsible for keeping Us apprised of any changes to Your identifying information. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms and Conditions, the Company has the right to indefinitely suspend or terminate or block access of your membership and refuse to provide you with access to the Website. The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
We may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
You own, and are responsible for the content of, all the content you provide to us, including personal data and copyrightable materials, and you grant to us all the rights we need to be able to provide the Services. As between us on the one hand, and you on the other, you will own all Customer Content, including, for purposes of clarity, Personal Data and User Content.
Subject to the terms and conditions of the Agreement, you grant us a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Personal Data, only as reasonably necessary (a) to provide and maintain the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by you.
Notwithstanding the foregoing, you agree that we may collect, analyze, use and disclose, during or after the Membership Period, data derived from Personal Data, which is anonymized and/or aggregated in a manner, that makes the identification of you or any third party impossible, for any business purpose, including without limitation, to operate, analyze, improve, and market the Services and our other products and services and share such anonymized data with our affiliates and business partners. You further agree that we will have the perpetual right to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of such derived data.
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
a) In order to make the Website and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website (“Your Content”). The Company claims no further proprietary rights in Your Content.
b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company. You further agree not to use the Website or Services to (a) harass, abuse, or threaten others or otherwise violate any person’s legal rights; (b) violate any intellectual property rights of the Company or any third party; (c) upload or otherwise disseminate any computer viruses or other software that may damage the property of another; (d) perpetrate any fraud; (e) engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; (f) publish or distribute any obscene or defamatory material; (g) publish or distribute any material that incites violence, hate, or discrimination towards any group; (h) to unlawfully gather information about others.
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Transactions on the Website
AssureServe is the ultimate marketplace for Commercial Real Estate industry where buyers can find latest commercial listings and Brokers and Agents get qualified leads. Sellers can sign up with the Services and list one or more real estate properties for sale by creating “Listings.” The real estate properties included in the Listings are collectively referred to as Properties, and individually referred to as, a “Property” on the Services and in these Terms. AssureServe simply offer tools to help You through the commercial real estate purchase/sale process and the leasing process; we are not a party to, nor are we responsible in any manner for, any such transaction, whether or not you use the Services, and we are not licensed real estate brokers. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such property at Your own risk. The Company: (a) is not responsible or liable for any transaction you enter into with any person via the Website; (b) makes no warranties or representations in relation to the services or products of third party businesses listed or advertising services or products or services available on or via the Website; (c) does not accept liability for prices charged or services provided by such listed third party businesses; and (d) has no interest, whether direct or indirect, in any of the third party businesses listed on the Website.
We require that any seller or lessor offering a property via the Services be represented by a broker unless the seller or lessor is a licensed real estate broker or unless otherwise unnecessary. You are solely responsible for verifying and ensuring that the person you are dealing with through the Website has the appropriate licenses, consents, approvals and insurance necessary for it to perform its obligations. Sellers and lessors may, in their sole discretion, offer commissions for properties subject to the seller’s or lessor’s terms and conditions.
Memberships and Payments
Certain features and functionalities of our Services are offered only to users who pay for a membership and users they authorize to access the Services through their membership. Membership terms are laid out during onboarding (whether via the Services or a separate paper process). A membership allows you and your Authorized User(s) (if any) to access the Services. Memberships may be free or paid depending on your relationship with us. Paid memberships allow you to access additional or different features and functionalities, while free memberships provide limited access to the Services. A membership may be procured through the Services interface, or in some cases, via an order form entered into between you and us (each an “Order Form”). Paid memberships commence when we make them available to you. Paid memberships continue for the term specified in the Services or in the Order Form, as applicable (which term may be variable if the Order Form provides for one-time or other limited-time use), and free memberships continue until terminated (in each case, the “Membership Period”).
For paid memberships or products and services that we offer for a fee, fees are specified in the Services or in an Order Form and are generally non-refundable. If you have purchased a paid membership for the Services or have otherwise purchased access to certain paid features and functionalities of the Services, the applicable fees are specified in the Services interface or in an Order Form. Except as otherwise stated in this Agreement, payment obligations are non-cancelable and fees paid are non-refundable. Fees stated are exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases, except for those taxes based on our net income. Should any payments to us be subject to withholding tax by any government, you will reimburse us for such withholding tax.
We welcome feedback, comments, questions, suggestions, improvements, ideas, concerns and the like regarding the Services (collectively, “Feedback”). You may deliver Feedback to us by email, phone calls, interviews, texts, chat, surveys, or other communication tools or systems currently used or used in the future. You agree that you exclusively own any Feedback and grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. You further acknowledge that, by acceptance of the submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our personnel, or obtained from sources other than you. For purposes of clarity, we have no obligation to implement or make any changes to the Services based on any Ideas you provide us.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify AssureServe ’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
B. Identification of the copyrighted work that you claim has been infringed;
C. Identification of the material that is claimed to be infringing and where it is located on the Service;
D. Information reasonably sufficient to permit AssureServe to contact you, such as your address, telephone number, and, email address;
E. 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 law; and
F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Email: admin@AssureServe .com
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying AssureServe and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with AssureServe ’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, AssureServe has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. AssureServe may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Links and Content
We may include links to third party websites (“Linked Sites”) at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise. The Linked Sites are not under the control of the Company and the in the event the User follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including without limitation information, products and services, available on third party websites. Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
Modification and Variation
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
Term, Termination and Suspension
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
Disclaimer and Limitation on Liability
You acknowledge and agree that you access and use the Website and Content entirely at your own risk.
To the maximum extent permitted by applicable law, in no event shall AssureServe , its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will AssureServe be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, AssureServe assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall AssureServe , its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to AssureServe hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AssureServe has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from facilities in the United States. AssureServe makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
Governing Law. You agree that: (i) the Service shall be deemed solely based in Georgia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Georgia. These Terms shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Gwinnett County, Georgia for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Gwinnett County, Georgia is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from AssureServe . For any dispute with AssureServe , you agree to first contact us at admin@AssureServe .com and attempt to resolve the dispute with us informally in good faith. In the unlikely event that AssureServe has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. The arbitration shall be conducted in Gwinnett County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the state of Georgia. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and AssureServe are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. Visiting the Site or sending emails or other data, information or communication AssureServe constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. For any questions or concerns, please email Us at admin@AssureServe .com.
Language: All communications made or notices given pursuant to this Agreement shall be in the English language.
Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
Severability: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
No Waiver: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
Headings for Convenience Only: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
No Agency, Partnership or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
Force Majeure: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Effective as of June 01, 2019