Houston Commercial Real Estate – Houston Commercial Property Listings – Southeast Texas Commercial Properties

TERMS OF USE

PLEASE CAREFULLY READ ALL OF THE BELOW WHICH ARE OUR TERMS OF USE ("Terms of Use") AND WHICH APPLY TO YOUR ACCESS TO AND USE OF COMMERCIALGATEWAY.COM

1. Contract between You and Us.
Welcome to commericalgateway.com, owned and operated by Houston Realtors Information Service, Inc. ("HRIS"), a wholly-owned subsidiary of Houston Association of Realtors, Inc. ("HAR"). HRIS and HAR (also "we", "us" or "our") make information, content and services including, but not limited to, accounts, blogs, property data, ratings, reviews, postings, mobile services, applications, advertising, materials uploaded or downloaded or any information appearing on commercialgateway.com, commgate.com or commercialexchange.com ("HRIS Services") available to any person or entity ("you" or "your") conditioned on the acceptance of these Terms of Use. By visiting or using commercialgateway.com, commgate.com or commercialexchange.com whether by desktop, laptop, television, mobile applications or services, tablet or pad applications, or by any other internet enabled or wireless means by which HRIS services are found (the "Site"), you have agreed with HRIS to be bound by the Terms of Use, including any future modifications (the "Agreement"), and that you have read and understood the Agreement. If you have entered the Agreement on behalf of a company, organization, governmental or other legal entity, you represent and warrant that you are authorized to do so. You may use HRIS Services only in compliance with this Agreement and all applicable local, state and national laws, rules and regulations.

2. Our Content.
You agree that the content and technology on this Site, including, but not limited to, textual, statistical, financial, photographic, video and audio components as well as the selection and arrangement of this information, is exclusively owned or controlled by us and/or our licensors, and is protected by United States copyright and intellectual property laws. You shall not reproduce, redistribute, publish, display, retransmit, broadcast, sell or license or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell or license any of our content from this Site. You agree to comply with any additional use restrictions which may be posted by HRIS at any time regarding our content provided on this Site.

3. Your Content.
You alone are responsible for the content you create (and do not receive from us) such as your blogs, ratings, comments, reviews, articles, audio, video, photos or other forms of communication that you submit or transmit through the Site ("your content"). You retain your rights to your content, though we may use your content in a number of different ways, including reformatting it, publicly displaying it, incorporating it into advertising and other works, creating derivative works from it and allowing other third parties to use it as distributed to them by us. You hereby irrevocably grant to us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable and transferable right to use your content. You represent and warrant to us that your content is not in violation of any laws, including, but not limited to, patent, privacy, copyright, trademark or other common laws, statutes or contractual rights. You agree to pay all royalties, fees, fines or any other monies owed to any person or entity as a result of your content submitted or posted on the Site. You agree that your content will not be unlawful, threatening, abusive, pornographic, harassing, violent, invasive, in violation of copyright, trademark, patent, trade secret or other rights, false, misleading, defamatory, tortious or discriminatory. You are solely responsible for the completeness and accuracy of your content, and you waive any claim that your content violates any of your rights to privacy. You also agree not to submit content and use this Site in a commercial manner such as advertising or promoting your services without a separate written agreement. We reserve the right, but have no obligation or responsibility, to remove or edit your content. We also reserve the right, at our sole discretion, to terminate your account and remove your content from the Site for any reason or no reason.

4. Links.
The Site may contain links to third-party websites or resources. We are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

5. Use Limitations and Enforcement.
You may not modify, publish, copy, display, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any and/or all information and content obtained from this Site. This prohibition includes, but is not limited to, the practice of "screen scraping" which we consider theft of our proprietary information and those who deal with our content in this manner may be subject to prosecution. By using this Site you warrant to HRIS that you will not use this Site or the content available through it for any unlawful purpose, tortious conduct or any prohibited use. If we determine, in our sole discretion, that you are in violation of the Agreement, then we will automatically terminate your right to access or use this Site. In the event of termination, you will still be bound by the Agreement.

6. Accounts.
Some HRIS Services permit or require you to register or create an account to access certain areas of the Site. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s email, password or other account information, or another person’s name or likeness. You are responsible for all activities that occur through your account and password. HRIS reserves the right, at its sole discretion, to terminate or restrict your account at any time, with or without notice:

7. Advertisers.
Advertisement, banners and other forms of advertising exist on the Site. We take no responsibility for the accuracy or representations made by any advertiser on the Site.

8. LIABILITY AND DAMAGES LIMITATIONS.
YOU USE THIS SITE AND ITS INFORMATION AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR OWN NEGLIGENCE, WILL WE BE LIABLE TO YOU AND YOU HEREBY RELEASE US FROM LIABILITY OF ANY KIND AND FOR ANY ACTUAL, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE, OR CAUSED TO YOU FROM ANY CONTENT OR INFORMATION OBTAINED THROUGH THIS SITE, MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF INFORMATION, INTERRUPTIONS IN CELLULAR, WIFI OR INTERNET CONNECTION TO THIS SITE, VIRUSES, FAILURES OF PERFORMANCE WHETHER CAUSED IN WHOLE OR PART BY OUR CONDUCT OR BY OUR NEGLIGENCE, ACTS OF GOD, CELLULAR, WIFI OR INTERNET FAILURE, THEFT OR UNAUTHORIZED ACCESS TO THIS SITE OR YOUR ACCOUNT (OR RELATED INFORMATION, RECORDS OR YOUR PRIVATE INFORMATION). THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION ASSERTED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, IN EQUITY OR OTHERWISE.

9. WARRANTY DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE AND THE CONTENT AND INFORMATION AVAILABLE THROUGH THIS SITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT AND INFORMATION AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE AND THE INFORMATION AVAILABLE THROUGH THIS SITE ARE ALWAYS SUBJECT TO CHANGE.

10. INDEMNITY.
YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS FROM ANY AND ALL EXPENSES, LOSSES, DAMAGES, LIABILITIES, SUITS, CLAIMS AND DEMANDS, INCLUDING BUT NOT LIMITED TO OUR ATTORNEYS’ FEES, LITIGATION COSTS AND EXPERT FEES, ARISING OUT OF YOUR (OR ANY USER OF YOUR PASSWORD): 1) BREACH OF THE AGREEMENT; 2) USE OF HRIS SERVICES OR INFORMATION ON THIS SITE; 3) CONDUCT TOWARDS A THIRD PARTY; OR 4) CONTENT ON THIS SITE.

11. No Personal or Legal Advice.
The information contained in or made available by this Site does not and is not intended to convey any form of advice to you regarding the sale or purchase of real property. Further, you are not relying on this Site for advice. The information herein cannot replace or be a substitute for the advice of a professional such as a Realtor® or a lawyer with respect to your understanding and use of the information available through this Site.

12. Changes to Site or Agreement.
HRIS may make changes or improvements to the information, services, content or other materials on the Site at any time without notice. HRIS has the exclusive right to make modifications to the terms in this Agreement. Any modifications to the terms will become effective once posted on the Site.

13. Privacy Policy.
We are aware of your right to certain privacies and security and have explained in detail our policy. We urge you to read our Privacy Policy.

14. Location of Use.
We operate and control our Site from our offices in Houston, Texas in the United States of America. We do not represent that information on this Site is appropriate or available for your use in other locations. Your access to this Site from other locations is done so on your own initiative and you are responsible for compliance with applicable laws in your area.

15. Choice of Law, Jurisdiction and Venue.
This Agreement will be governed by laws of the State of Texas without regard to principles of conflicts of laws. You agree that the federal or state district courts in Harris County, Texas shall have exclusive jurisdiction and venue over you and for any action at law or in equity that arises out of or relates to the Agreement or this Site. Further, you waive any objection to such jurisdiction and venue.

16. Business Dealings.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the HRIS services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings related to this Agreement.

17. Waiver.
If any of the Terms of Use are found to be waived, unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining terms in the Agreement.

18. Entire Agreement.
This Agreement contains the entirety of the agreement between you and HRIS for the access to or the use of this Site, and cannot be orally modified by you or us. This Agreement can be modified only by our posting of changes to it on this Site.

19. Copyright Notice.
It is expected that this Site will comply with applicable copyright laws, including the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner or agent thereof and believe, in good faith, that there is a copyright infringement upon your copyrights on the Site, then please provide notice with the following information to the designated copyright agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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 notification, a representative list of such works at that site.
  3. 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 us to locate the material.
  4. Information reasonably sufficient to permit us 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.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification 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.

DMCA Designated Agent
René Galvan
Executive Vice President
Houston Association of REALTORS®, Inc.
3693 Southwest Freeway
Houston, Texas 77027
rene.galvan@har.com
We reserve the right, at our sole discretion, to delete or disable content alleged to be infringing and to terminate accounts of repeat infringers.

20. Copyright Counter-Notice.
If you believe that your content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of a mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the district where you live, or in the Southern District of Texas if you live outside the United States, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Upon receipt of your counter-notification, we may or may not, at our sole discretion, replace or re-enable access to your content at issue.

21. Termination.
HRIS may suspend your ability to use all or any party of HRIS Services or may terminate this Agreement immediately, without notice or explanation. Any termination of your account or this Agreement may cause your content to be deleted, for which HRIS has no liability. Paragraphs 2, 5, 8, 9, and 10 of the Agreement survive any termination.

All information provided is deemed reliable but is not guaranteed and should be independently verified.

DMCA