TF Property Broadcast System Terms of Use

Acceptance of Terms
By using this site and Trainor Fairbrook’s Property Broadcast Email service (“Service”), you acknowledge that you have read, understand, accept and agree to the following terms and conditions of use (“Agreement”):

Specific Broadcast Rules

  1. The Property Broadcast system may be used only by commercial real estate brokers and salespersons in the six-county Sacramento region (Sacramento, Placer, Yolo, El Dorado, Sutter, and Yuba) who earns a majority of his/her non-investment income from third party commissioned sales and leases to exchange information amongst themselves on available and needed commercial properties sales and lease opportunities.
  2. Users can only send broadcasts for properties in the six-county Sacramento region (Sacramento, Placer, Yolo, El Dorado, Sutter, and Yuba), with one exception of Investment properties.
  3. Investment properties (income generating) located in California can be broadcast through our system using the submarket of “Other California County.”
  4. No advertising, solicitations or other emails unrelated to such purpose may be distributed on this system.
  5. Specific transactions (i.e., a space available for lease) will be distributed no more frequently than every thirty days, unless terms have changed (i.e., price reduction).

General Rules of Conduct
You agree that you will not:

  1. Share your username or password with others
  2. Send non-commercial messages that are not related directly to a specific real estate transaction.
  3. Abuse, stalk, harass, threaten or otherwise violate the legal rights of others.
  4. Publish, post or distribute any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  5. Publish, post or distribute any messages that are deemed a chain letter, pyramid scheme or any form of gambling or lottery.
  6. Upload or distribute files that are restricted in use due to copyright, trademark, patent, trade secret or any other proprietary right of any party other than yourself.
  7. Download any files posted by another user that you know are restricted in use due to copyright, trademark, patent, trade secret or any other proprietary right of any party.
  8. Transfer or attach any file that contains software viruses or programs that are designed or intended to disrupt, damage or cause harm to any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
  9. Violate any applicable laws or regulations.

Trainor Fairbrook Use
Trainor Fairbrook can use the Property Broadcast system to send out legal bulletins and text messages to the broker list at its discretion.

Termination/Access Restriction
Trainor Fairbrook has no legal obligation to monitor the Property Broadcast email communications. However, Trainor Fairbrook reserves the right to review messages and attached files transmitted through the Property Broadcast email and to remove any messages and/or attached files that we deem inappropriate. In order to monitor the use of the broadcast feature of our website, Trainor Fairbrook receives blind carbon copies of all messages sent using our broadcast feature. Trainor Fairbrook reserves the right to terminate or limit any party’s access to the Property Broadcast email service at any time without notice.

Disclaimer of Liability
Trainor Fairbrook does not endorse the services or products of any user of the Property Broadcast feature and, therefore, Trainor Fairbrook specifically disclaims any liability with regard to any information provided therein or any action resulting from the use of the Property Broadcast email service or any interaction with any broker which results therefrom.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TRAINOR FAIRBROOK OR ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF TRAINOR FAIRBROOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. IF YOU REQUEST IT IN WRITING TO US, WE WILL REMOVE YOUR NAME FROM THE BROKER LIST.

Indemnification
You agree to defend, indemnify and hold harmless Trainor Fairbrook, its officers, directors and employees from all liabilities, claims and expenses, including, without limitation, attorneys’ fees, that arise from your use of, or misuse of, this site and/or the Service.

Choice of Law and Forum
This Agreement will be governed by and construed under the laws of the State of California. All disputes under or related to this Agreement will be resolved by binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association. In the event of a dispute under or related to this Agreement, you will be subject to the personal jurisdiction of either the state or federal courts located in Sacramento, California, regardless of whether you reside in Sacramento, California, or not.

Attorneys’ Fees
In the event of any dispute between you and Trainor Fairbrook arising from or related to your use of the Service, Trainor Fairbrook shall be entitled to recover all costs, including, without limitation, attorneys’ fees, if Trainor Fairbrook is the prevailing party in any such dispute. To the extent that Trainor Fairbrook represents itself in any such dispute, it shall be entitled to recover from you the reasonable value of all services provided to Trainor Fairbrook by its staff in connection therewith, including attorneys, paralegals and other staff.

Integration and Modification
This Agreement is the entire agreement between the parties regarding its subject matter and supersedes any prior oral or written agreements among them regarding the subject matter contained herein. Trainor Fairbrook reserves the right to amend the terms of this Agreement at any time without notice to you. You may not amend this Agreement.

Incorporation of Terms of Use
You will abide by the Terms of Use regarding our website which can be accessed from our home page.


Terms of Use Version 5 (Created: August 24, 2010 2:10:05PM PDT)