IREMFIRST Terms and Conditions

By accessing or using our web site at http://www.iremfirst.org/ (the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms and Conditions ("Terms and Conditions" or "Agreement"), whether or not you are a registered user of IREMFIRST. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions and to review such changes.

Use of this Site

Subject to the terms of this Agreement, IREM grants you a revocable, non-transferable, non-exclusive limited license to use the Site but only for your own use and not for any use on behalf of any third party.

You may download or print hard copies of this Site, or portions thereof, but again, only in connection with your own use. Any such downloads/hard copies must contain the following notice:

“Copyright (c) 2008 Institute of Real Estate Management. All rights reserved."

Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Site or any portion thereof without IREM’s prior written consent.

IREM has the right, at any time and without notice, and for any reason whatsoever to: (i) revoke or limit your license to use the Site and to restrict or prevent your access to it (or any portion of it); or (ii) change or discontinue providing the Site (or any portion thereof). IREM has no obligation to update the Site or to correct any errors or omissions that might be contained in it.

IREM may require you to become a registered user, pay certain fees, and/or comply with certain other terms and conditions before you are allowed to access or use certain portions of the Site. In all such cases, this Agreement shall continue to govern your use of the Site.   

Ownership and Copyright

You acknowledge and agree that this Site and the information contained in it are owned by IREM and are protected by U.S. and international copyright and other intellectual property laws.

Trademarks

“IREMFIRST,� “IREMFIRST.org,� and the “IREMFIRST� logo are owned marks of IREM. You will not use or allow any third party to use any of IREM’s marks, including but not limited to the foregoing, without IREM’s prior express written consent. All marks not owned by IREM are the property of their respective owners.

Member Password

When you register as a subscriber, you select a password, which you may then modify at any time as often as you like. You may not select, and IREM may modify or delete, any password that IREM determines, in its sole discretion, violates any third party's rights or is offensive, improper, or inappropriate.

Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone.

You are responsible for all use, activities, and charges associated with or arising from any use of your password, regardless of whether you authorized such use. You must promptly notify IREM at iremfirst@irem.org of any unauthorized use of your password.

User Content Submission

You acknowledge that IREM may or may not use resources provided by you on its Site.

By uploading, posting, publishing or transmitting any messages, information, articles or materials to or through the Site, you hereby grant to IREM a royalty-free, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce and create derivative works of the foregoing in any form, media, software or technology of any kind now existing or developed in the future.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that IREM may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of IREM violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to IREM.

Your Use of Content and Information — Disclaimer with Respect to Content

While IREM strives to keep the Content that it posts on the Site accurate, complete, and up-to-date, IREM cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by IREM or its suppliers, or by Users of the Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties are those of the respective User or other third party and not of IREM. IREM does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Site.

The information found on  the Site, including that provided by experts in the “Ask the Expertâ€� area, is a general educational aid. The information contained at this Site should not be construed as a recommendation for any course of action regarding financial, legal or accounting matters by IREM.  It is not meant as a substitute for professional advice from a qualified legal, accounting, or financial professional   The “Ask the Expertâ€� area also contains opinions and views created by community users. IREM is not responsible for the accuracy of any information posted by community users.  

Use of Forums/Message Boards

IREM does not make any representations or warranties with respect to any discussion forums, chat rooms, or other electronic forums made available on or via this Site (collectively, "Forum") or with respect to any messages, information, or materials contained in such Forum. You  acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials is at your sole risk and expense. IREM does not control the Content posted via the Forum and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge and agree  that by using the Forum, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IREM be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Forum.

You agree to not use the Forum to:

  1. upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, an IREM employee or forum leader or to falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Forum;
  5. upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  6. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any  person or entity;
  7. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  8. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. post the same note repeatedly (referred to as “spamming�). Spamming is strictly prohibited;
  10. interfere with or disrupt the Forum or servers or networks connected to the Forum, or disobey any requirements, procedures, policies or regulations of networks connected to the Forum;
  11. intentionally or unintentionally violate any applicable local, state, national or international law;
  12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  13. "stalk" or otherwise harass another; and/or
  14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs “a� through “m� above.

Any violation of “a� through “n� listed above shall be considered a breach of the Terms and Conditions and, at the discretion of IREM, may result in the loss of your good standing and revocation of your ability to post or respond to posted material.

You acknowledge that IREM may or may not prescreen Content, but that IREM shall have the right (but not the obligation) in  its sole discretion to prescreen, refuse, or remove any Content that is available via the Forum. Without limiting the foregoing, IREM shall have the right to remove any Content that violates the Terms and Conditions, Privacy Policy or is otherwise objectionable.

Indemnity

You agree to indemnify and hold IREM and its subsidiaries, affiliates, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through IREMFIRST, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that IREM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

Links

The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IREM has no control over such sites and resources, you acknowledge and agree that IREM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that IREM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Privacy

Any information submitted on the IREMFIRST Web site is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices.

Disclaimer of Warranties

You expressly understand and agree that:

  1. Your use of the Web site is at your sole risk. The Web site is provided on an "as is" and "as available" basis. IREM and its subsidiaries, affiliates, employees, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. IREM and its subsidiaries, affiliates, employees, partners and licensors make no warranty that (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations; and (v) any errors in the software will be corrected.
  3. Any material downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  4. No advice or information, whether oral or written, obtained by you from IREM or through or from the Site shall create any warranty not expressly stated in the Terms and Conditions.

Limitation of Liability

You expressly understand and agree that IREM and its subsidiaries, affiliates, employees,  partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if IREM has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site.

General Information

Entire Agreement. The Terms and Conditions constitute the entire agreement between you and IREM and governs your use of the Site, superseding any prior agreements between you and IREM with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other IREM services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms and Conditions and the relationship between you and IREM shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

Waiver and Severability of Terms. The failure of IREM to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.