Terms & Conditions

This Website located at www.cpexre.com  (the “Website”) is a copyrighted work belong to CPEX Real Estate LLC (“CPEX”).

These Terms of Use (the “Terms”) describe the legally binding terms and conditions that oversee your use of the Website. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the site.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

By visiting and using this Website, you agree to comply with these terms and you represent that you have the authority and capacity to enter into these Terms. You should be at least 18 years of age to access the Website.  If you disagree with any of the Terms, do not visit or use the Website.

ACCESS TO THE WEBSITE

Subject to these Terms, CPEX grants you a non-transferable, non-exclusive, revocable, limited license to access the Website solely for your own personal, noncommercial use.

The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) you shall not republish material from the Website in print or digital media, including, but not limited, to republishing material on another website; (c) you shall not edit or otherwise modify any material from this Website; (d) you shall not make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (e) you shall not access the Website in order to build a similar or competitive Website; (f) you shall not conduct any systematic or automated data collection activities on this Website, including, but not limited to scraping, data mining, data extraction, data harvesting, framing, or spinning activities; (g) you shall not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; (h) you shall not use this Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; and, (h) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated.  Any future releases, updates, or other additions to the Website shall be subject to these Terms.  All copyright and other proprietary notices on the Website must be retained on all copies thereof.

CPEX reserves the right to change, suspend, or cease operation of the Website at any time without notice to you.  You agree that CPEX will not be held liable to you or any third-party for any change, interruption, or termination of the Website.  You further agree that CPEX will have no obligation to provide you with any support in connection with the Website.

Excluding any user content that you may provide, you are aware that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by CPEX or CPEX’s suppliers.  These Terms and access to the Website do not give you any rights, title or interest in or to any intellectual property rights.  CPEX and its suppliers reserve all rights not expressly granted in these Terms.

THIRD-PARTY LINKS AND ADS

The Website may contain links to third-party websites and services or display advertisements from third-parties.  These links and ads are not under the control of CPEX and CPEX assumes no responsibility for any such links or ads.  CPEX provides access to these links and ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the links or ads.  You use all links and ads at your own risk. When you click on any of the links or ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

OTHER USERS

Each user of this Website is solely responsible for its own user content.  Because we do not control user content, you acknowledge and agree that we are not responsible for any user content, whether provided by you or by others.  You agree that CPEX will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any other user of this Website, CPEX has no obligation to become involved.

RELEASE AND WAIVER

You hereby release and forever discharge CPEX and its officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, 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.”

INDEMNIFICATION

You agree to defend and hold harmless CPEX, its affiliates, and the respective officers, directors, members, employees, contractors, agents, licensors, successors and assigns from any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other legal costs) arising out of or in connection with your violation of these Terms, your use or misuse of the Website, or your use or misuse of any information obtained from the Website.

COOKIES AND WEB BEACONS

Like any other website, our Website uses “cookies.” These cookies are used to store information including a visitor’s preferences and the pages on the Website that the visitor accessed or visited. The information is used to optimize the user’s experience by customizing our web page content based on visitor’s browser type or other information.

DISCLAIMERS

You agree that the use of this Website is entirely at your own risk.  The Website is provided on an “as-is” and “as available” basis and CPEX expressly disclaims any and all warranties of any kind to the fullest extent permitted by law, whether express, implied, or statutory, including, without limitation, all warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.  We also disclaim any warranties for the security, reliability, timeliness and performance of the Website to the fullest extent permitted by law and make no guarantee that the Website will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses or other harmful code, or otherwise be complete, legal, or safe.  We disclaim any warranties for other services or goods received through or advertised on the site, as well as for any information or advice received through the site or through any links provided in the Website.  Neither CPEX nor any third-party content provider makes any warranty with respect to any content, information, services or products provided through or in connection with the Website.

LIMITATION ON LIABILITY

To the maximum extent permitted by law, CPEX shall not be liable to you or any third-party for any lost profits, lost data, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of (or inability to use) the Website, even if CPEX has been advised of the possibility of such damages.  Access to and use of the Website is at your own discretion and risk, and you will be solely responsible for any damage to your device, or computer system, loss of data, or any other alleged damage resulting therefrom.   You agree that any of our suppliers will have no liability of any kind arising from or relating to this agreement.

COPYRIGHT POLICY

CPEX respects the intellectual property of others and asks that users of our Website do the same.  In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of any users of our online Website who are repeated infringers of intellectual property rights, including copyrights.  If you believe that one of our users is unlawfully infringing the copyright(s) in a work through our Website and wish to have the allegedly infringing material removed, a written notification containing the following information, pursuant to 17 U.S.C. § 512(c), must be provided to our designated Copyright Agent (see contact information below):

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and,
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

OTHER GENERAL TERMS

We may amend these Terms of Use at any time by posting the amended terms on our Website.  The amended terms shall be effective immediately after they are posted on our Website.

These Terms constitute the entire agreement between you and us regarding the use of our Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will remain in full force and effect to the maximum extent permitted by law.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CPEX’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  CPEX may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

APPLICABLE LAW AND JURISDICTION

These Terms will be deemed to have been entered into and will be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without regard to conflicts of law provisions.  The parties hereby agree to the exclusive jurisdiction of the federal and state courts located in the State of New York.

COPYRIGHT/TRADEMARK INFORMATION

Copyright ©. All rights reserved.  All trademarks, logos and service marks displayed on the Website are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.