This site (the “Site”) is operated by Global Broker LLC and its affiliates, directors, Employees and subcontractors (collectively, "Global Broker" or "we" or "us").
The following terms and conditions of use (the "Terms and Conditions") govern the use of the Site by anyone accessing it (“you” or “User” herein). By using the Site, you accept and agree to these Terms and Conditions as applied to your use of the Site. If do not agree to these Terms and Conditions, or if you do not have the right, power and authority to agree to and be bound by these Terms and Conditions, you may not access or otherwise use the Site. We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
These Terms and Conditions constitute the entire agreement between Global Broker its Users, provided, however, if you and Global Broker have entered into a separate written agreement that covers your use of a Global Broker product or service, the terms and conditions of such agreement shall control with respect to such product or service to the extent they are inconsistent with these Terms and Conditions. Otherwise, these Terms and Conditions shall apply.
You may only use the Site if you are 18 years old or older. You are responsible for knowing the laws of the jurisdiction that you reside in. If the use of this Site is contrary to the laws of your jurisdiction, than this Site was not intended for your use and you are not authorized by Global Broker to use it.
Services Available on the Site
The primary purpose of this Site is to disseminate information about commercial real estate which is being offered for sale or for lease, and to provide information regarding the services available through Global Broker and its affiliates to owners, managers, brokers, lessors and purchasers of commercial real estate. The information and services offered on or through this Site or pursuant to any Marketing Agreement are provided solely for general business information, and do not constitute real estate, legal, tax, accounting or other professional advice by us, or an offer to sell or lease real estate by us, or to offer you a mortgage or loan, and may not be used for personal, family or household purposes or to determine an individual's eligibility for credit, insurance, or employment. User is advised to consult competent legal and tax counsel before entering into any legally binding document relating to their real property, insurance contracts, or mortgage documents.
No Brokerage
Global Broker is not a real estate broker in any jurisdiction. In no event is Global Broker attempting to represent itself as, or act as, a real estate broker or leasing agent on behalf of any party. The purpose of Global Broker is to provide marketing materials and services to owners and managers of commercial real estate, as well as professional and trade service providers vendors, to assist such individuals in marketing their properties products/services and/or for sale or lease, with or without the assistance of a real estate broker. Global Broker does receive any outcome or success based fees or commissions for its services and does not have any of the client or fiduciary responsibilities to any party which are associated with a real estate broker.
No Guarantees of Success
Global Broker makes no promises or guarantees that the use of the Site or any material, information, or service provided by Global Broker through the Site or otherwise, will result in the sale or lease of User’s commercial real property. Global Broker also makes no promises or guarantees that information or services provided through use of the Site will result in services being obtained, or that the terms or quality of any such services will be acceptable to User.
Site Content Proprietary Rights
All of the content contained in or provided through this Site, or otherwise provided to you by Global Broker in connection with its products or services, including but not limited to information, text, software, photographs, images, graphics, organization, layout and design, and all other intellectual property and proprietary rights therein (together, the "Content") are proprietary to Global Broker, and are protected by copyright and other U.S. and international intellectual property rights, laws and treaties. The Content includes proprietary databases of commercial real estate information including information, text, photographic and other images and data contained therein and the proprietary organization and structures for categorizing, sorting and displaying such Information, and the related software. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos without our separate express written consent. Third party trademarks and trade names listed on the Site are the property of their respective owners.
Users agree to comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, not challenge Global Broker's ownership of (or the validity or enforceability of their rights in and to) the Proprietary Information, and not to remove, conceal or circumvent any copyright or other notice. You shall be liable for any violation of the provisions of these Terms and Conditions and, if applicable, the Marketing Agreement by your employees, Independent Contractors, affiliates and agents and for any unauthorized use of the any of the Propriety Information.
Charges
There are no charges applicable to anyone accessing the Site for the purpose of viewing the Content of the Site.
User Submissions
“User Submissions” are any information, data, photographs, or other material that you provide to Global Broker, either directly or indirectly, for use on the Site. The User is solely responsible for ensuring that the content of its User Submissions are legal, accurate and complete. In addition, User is solely responsible for reviewing all User Submissions that are posted on the Site by either Global Broker or any other party on behalf of User to ensure that the information posted is correct and complete. Global Broker retains the right to remove any User Submissions that we determine to be unlawful, inappropriate or otherwise in violation of these Terms and Conditions.. With respect to all User Submissions regarding real property for sale or lease, User grants Global Broker and its affiliates the right to use and incorporate data regarding such properties into the Site or into any other media for the purpose of marketing such property or for such other purposes as may be incidental to the marketing, purchase, sale, leasing, mortgaging or insuring of such property.
With respect to all User Submissions made for the purpose of obtaining quotations for mortgages or insurance, User is solely responsible for ensuring that any quotations obtained from such User Submissions are based on accurate information.
Global Broker shall have no liability to any User for damages resulting from User’s reliance on inaccurate or incomplete User Submissions, or other information produced as a result of inaccurate or incomplete User Submissions.
User hereby represents and warrants that User has the full legal authority to grant Global Broker use of and rights in and to all User Submissions that are provided to Global Broker by any means for use on the Site and that allowing Global Broker to use such information does not infringe any right or interest owned or possessed by any third party.
Permitted Uses of the Information and Services
User agrees to treat all information and services obtained from Global Broker, through the use of our Site or otherwise, as proprietary to Global Broker. Subject to the provisions in these Terms and Conditions, you may use the Content in the ordinary course of your business for the purpose of researching commercial real estate properties and services, and for all purposes incidental to marketing your commercial real estate properties for sale or lease.
Subject to these Terms and Conditions, you may print content or copy content from the Site provided that the content being printed or copied is used solely as permitted by these Terms and Conditions.
Prohibited Uses of Content – Non Solicitation
Except as provided for in "Permitted Uses" or under the terms of any separate written agreement, Users may not distribute, copy, publish, transmit, assign, transfer, use or sell, directly or indirectly any of the Content on the Site, or any other information provided to User by Global Broker under the terms of any Marketing Agreement. In addition, User may not modify or create derivative works from any portion of the Content of the Site, or from any other Information or Marketing Report provided to User by Global Broker.
Users also may not use any portion of the Product for the purpose of competing, directly or indirectly, with Global Broker.
Except as may be permitted by a separately signed agreement, Users may not use the Content of this Site in order to contact any individual, company or agency who has property listed on the Site for the purpose of soliciting business. Users agree to pay a fine of $5,000 per violation of this non-solicitation provision, or the maximum permitted by law, whichever is greater.
Users may not use the Site or any Content of the Site in any manner that violates these Terms and Conditions, or any law, rule, regulation or ordinance.
Privacy Policy
Please refer to the GlobalBroker.com Privacy Policy, available on the Site, for a complete statement of our policy regarding the treatment of both personally and non-personally identifiable information about you and your use of our Site. Said Privacy Policy is hereby incorporated into these Terms and Conditions by reference, and your use of the Site constitutes your agreement to our Privacy Policy.
Warranty Disclaimers
Although Global Broker always attempts to provide accurate information, all Content of the Site, and all other information or reports provided to Users pursuant to Marketing Agreements or otherwise, including but not limited to reports concerning comparative sales and valuations for commercial real property, and all quotations for insurance or mortgages provided by Global Broker or by others to whom Users are referred by Global Broker are provided "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". GLOBAL BROKER MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE CONTENT OF THE SITE OR WITH RESPECT TO ANY OTHER INFORMATION, QUOTATION OR REPORT PROVIDED BY GLOBAL BROKER OR BY ANY OTHER COMPANY TO WHICH USERS HAVE BEEN REFERRED. GLOBAL BROKER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, QUALITY, ACCURACY OR COMPLETENESS OF INFORMATION, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR ORDINARY OR PARTICULAR PURPOSES WITH REGARD TO THE SITE CONTENT OR ANY OTHER INFORMATION OR REPORT OTHERWISE PROVIDED TO USERS BY GLOBAL BROKER.
Limitation of Liability
IN NO EVENT SHALL GLOBAL BROKER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OF THE SITE BY ANY USER.
GLOBAL BROKER PARTIES WILL NOT BE LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE, OR OTHERWISE PROVIDED TO USERS BY GLOBAL BROKER. THESE LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
In the event User brings a lawsuit against Global Broker Parties, and User prevails in such lawsuit, the parties agree that User shall be limited to obtaining a judgment in the amount of the fees paid to Global Broker by User for the particular parcel of real property to which the lawsuit is related.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
ALL OF THESE LIMITATIONS APPLY WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF ANY OF THE GLOBAL BROKER PARTIES WERE NEGLIGENT. ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS MUST BE BROUGHT BY USER WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION HAS ARISEN.
User Liability
If User causes a technical disruption on the Site, said User shall be responsible for any and all liabilities, costs and expenses including attorneys' fees arising from or related to that disruption. Upon your breach of any term of these Terms and Conditions or any separate Marketing Agreement, Global Broker’s remedies shall include any damages and relief available at law or in equity as well as interruption and/or termination of your access to the Site.
Indemnity
You agree to indemnify, defend, and hold harmless the Global Broker Parties from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys' fees), arising out of or relating to your (and your users') Submitted Content, use or misuse of any Information provided to you by Global Broker, or your violation of these Terms and Conditions.
Copyright Infringement Claims
If you are concerned that your work product has been used on the Site in a manner which would constitute copyright infringement, please notify us according to the notice requirements of the Digital Millennium Copyright Act. Our registered agent can be reached: by mail to Legal Department (attn: General Counsel), Global Broker LLC, 1675 Larimer St., Suite 700, Denver, CO 80202.
Jurisdiction
Global Broker’s headquarters are located in Denver, Colorado, USA. These Terms and Conditions and your use of all information, Marketing Reports and quotations shall be governed by the laws of the State of Colorado without regard to its conflicts of laws principles. The State courts located in Colorado shall be the exclusive jurisdiction for any action brought against Global Broker in connection with these Terms and Conditions or use of the Content, Site, other information provided to you by Global Broker or by others on behalf of Global Broker. You hereby consent to the jurisdiction of the State courts of Colorado, for any action brought against you in connection with these Terms and Conditions.
No Assignment
These Terms and Conditions may not be assigned or transferred by User without the prior written consent of Global Broker.
No Intended Third Party Beneficiaries
The Site and its Content and all other information provided by Global Broker through the Site or pursuant to any Marketing Agreement are intended for the particular User thereof. If User conveys any such information to any third party, User does so at their own risk, and without liability to Global Broker. There are no intended third party beneficiaries to such information under these Terms and Conditions or under any Marketing Agreement.
No Waiver
No waiver by any party of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions.
Severability
In the event any provision contained in these Terms and Conditions is held to be invalid, illegal or unenforceable, such provision will be severed from here from, and the remaining provisions of these Terms and Conditions will remain in full force and effect. If a provision is held by any Court to be invalid, illegal or otherwise unenforceable, the parties agree that it will replaced by said Court with a provision which is acceptable to the Court and which is as reasonably close to the invalid, illegal or otherwise unenforceable provision as possible.
Notices
All notices to Global Broker relating to these Terms and Conditions must will be in writing, mailed by registered or certified mail, return receipt requested, or delivered by a well-recognized overnight U.S. or international carrier, and delivered to Global Broker LLC, 1675 Larimer St., Suite 700, Denver, CO 80202. Attention: General Counsel.