We hope you are enjoying our site and want to make sure you understand the terms and conditions that apply to your use. These terms apply if you visit, view, use, or access (collectively "access") BrokerMap's websites made available on BrokerMap.com (the "Website"), and/or (hereinafter "or" if through any Internet-enabled mechanism, you access data, information, products, services, or applications (collectively "Services") made available by or from BrokerMap. These terms may change from time to time and your use of the site indicates that you agree to them, even when they change. If you do not agree, please exit our site. Please note the important legal trademark and copyright terms explained herein.
REFERENCES TO BROKER MAP AND YOU, OUR GUESTS
Whenever we refer to BrokerMap "we", "us", "our" or a similar pronoun, we mean BROKER MAP LLC, the owner of this site, and all of its affiliates and agents. This Legal Disclaimer applies equally across all of our owned entities and Web domains. In this section, we refer to the visitor of this site as "you", "your", or our "Guest".
COPYRIGHTS AND TRADEMARKS
Everything in this site is owned by BrokerMap or we have the right to use it. This includes our name, trademarks, trade dress and copyrights. You do not have the right to use, distribute, copy, republish or download any part of the site, or any of our trademarks or brands, unless we agree to it. If you do use our property for any other reason, you will be violating our property rights and trademark rights, and we may pursue all legal remedies against you. You agree to indemnify us for any losses, costs and expenses we may suffer as a result of your misuse of this site or our brands and trademarks.
SUBSCRIPTION ACCOUNTS, CANCELLING & REFUND POLICY
BrokerMap offers paid services (each, an "Account"). Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each Account.
All new Users of the Website www.BrokerMap.com shall receive a free Trial Period of thirty (30) days to try the Website without payment. The User's credit card account number will not be charged at any point during the Trial Period. At any point during the Trial Period, Users may cancel their Account. To view your particular Account details, login and click the "Settings" and "Subscription" links. If your current Account is not satisfying your needs, you may email us at email@example.com for more information. Payments will be made directly on the Website through the secure transaction processor Authorize.net, on a monthly recurring basis.
Accounts will automatically renew using the User's current credit card account number unless User cancels their Account on the BrokerMap Website three (3) days prior to the renewal date to cancel such Account. All cancellation requests will be processed within five (5) business days. If the User has a question about a cancellation, the User should contact BrokerMap at firstname.lastname@example.org. BrokerMap reserves the right to change its fees or billing methods at any time. BrokerMap will provide timely notice to the affected Users of any such changes.
It is the User's responsibility to promptly provide BrokerMap with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "Settings" and "Subscriptions" tabs, once the User has logged into www.BrokerMap.com. BrokerMap does not validate all credit card information required by the User's payment provider to secure payment.
The User must notify BrokerMap about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to BrokerMap's attention within 90 days, User agrees to waive their right to dispute such problems or discrepancies.
PASSWORDS / LOGINS
Members, registered Users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. BrokerMap is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth herein.
Some areas of the Service allow Users to post content such as profile information, real estate listings, comments, questions, images, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service "User Content"). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. BrokerMap has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current . You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. BrokerMap reserves the right, but is not obligated, to reject and/or remove any User Content that BrokerMap believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
BrokerMap takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service, or any action you take in reliance on any User Content posted by another User. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that BrokerMap shall not be liable for any damages you allege to incur as a result of User Content.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "BrokerMap Content"), and all Intellectual Property Rights related thereto, are the exclusive property of BrokerMap and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any BrokerMap Content. Use of the BrokerMap Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
BROKERMAP, DEALSTORAGE, TOWNES MEDIA, AND OTHER RELATED TRADEMARKS OWNERSHIP & USAGE WARNING
Broker Map, DealStorage, Townes Media and their distinctive logos, the unique usage of the "Mapping Pointer" combined with the name BrokerMap, other distinctive and proprietary visual symbols and marks, and the tagline(s) such as "Easy, custom branded, online real estate portfolio management," and any natural brand derivatives and extensions in the real estate presentations contexts are trademarked and service-marked worldwide, and are owned by the Estate of Townes Media's founder. The brands such as BrokerMap are sometimes licensed for use by the operating companies of Townes Media and other affiliated or unaffiliated investments, but never fully released nor given away without a full proper intellectual property License Agreement and appropriate cash and/or equity compensation. For example, the primary trademarked and copyrighted brands in the online real estate presentations and data collection context have been in continuous use in the public domain since September 2012 for Townes Media, December 2012 for BrokerMap, and September 2013 for DealStorage, each with unique Web domains and other legally proprietary identifiers. Registered, published, trademarked, or Townes-owned brand derivatives and extensions include, but are not limited to: Townes Media, Townes Media Partners, BrokerMap, DealStorage, DavidTownes.Com, Townes Media Ventures, Townes Media Industries, Townes Global, Townes Property Holdings, Townes Productions, Townes Worldwide, Townes International, Townes Equity Holdings, Townes Australia, BrokerMap Australia, DealStorage Australia, Townes Industries, Townes Consolidated, Townes Carolina, Townes New York, Townes Europa, Townes Asia, Townes Transatlantic, Townes Transpacific, Townes Latin America, Townes Middle East, Townes North America, Townes International Partners, Townes Management Group, Townes Universal, TownesWorks, and other affiliated or derivative brands. Violators of our brands will be vigorously prosecuted within the full extent of all applicable laws. Business partners seeking to use our Branding License Agreement should directly contact the founder of Townes Media.
You are not to use our site and any information provided in it for any unlawful purpose. The contents of this site are for informational purposes only. If for any reason, any law in any jurisdiction where you are located prohibits or restricts your use of this site, you agree to comply with those laws. We make no representations that this site complies with those laws. Our principal offices are in New City, New York in the United States. If there is a dispute between BrokerMap and a Guest, then any claim, suit, litigation, mediation, arbitration or other legal proceeding relating to that dispute must occur in New York, New York. These legal terms will be governed and interpreted pursuant to the laws of the State of New York and the United States of America, notwithstanding any principles of conflicts of law. If you submit information or request information through this site, then you are doing so at our offices in New City, New York. If any part of these terms or this site is unenforceable, unlawful or for any legal reason deemed ineffective, then that part will be removed and the rest of the terms and site will not be affected.
YOUR INFORMATION AND USE
With the exception of a bona fide investment or realty proposal in which you expressly retain your property rights, whatever investment proposals, real estate proposals, information, ideas or suggestions you provide to us ("Your Information") through this site will become the property of BrokerMap. Unless we have previously executed with you an agreement regarding the use and/or disclosure of Your Information, Your Information cannot be considered to be confidential and will not be treated confidentially, and we will have the right to use Your Information in any manner, in any form and at any location, as we determine in our sole discretion. Should we receive any economic reward or any benefit from the use of Your Information, you will have no claim to any of such economic reward or benefit, and we will not owe you anything for Your Information, unless in either case we have previously executed with you an agreement regarding compensation for Your Information. In the case of bona fide investment proposals and/or realty proposals we receive but which are not subject to an executed agreement governing use and/or disclosure, it is the practice of BrokerMap to exercise commercially reasonable care in the use and disclosure of the investment or realty proposal consistent with customary terms under which such proposals are typically received.
You agree not to post on this site or submit to us anything that is unlawful, obscene, offensive, defamatory, libelous, pornographic, profane or solicitous. Vendors, suppliers or those wishing to provide services to us should contact the appropriate representative at the offices of BrokerMap and should not use this website to solicit business from us or our Guests.
Neither this site nor our web address is to be linked with any other site, indexed in another site or referenced without the express authority of BrokerMap. If consent is granted, that does not mean that we endorse the company or its products or services, and we will have no responsibility with respect to the contents of that site.
DISCLAIMERS AND LIMITATIONS
BROKERMAP AND ITS AGENTS, AFFILIATES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGE TO YOU, YOUR BUSINESS, YOUR PROPERTY, OR THE BUSINESS OR PROPERTY OF ANYONE YOU REPRESENT AS AN AGENT OR PRINCIPAL, AS A RESULT OF YOUR USE OF THIS SITE, WHETHER THIS DAMAGE IS CAUSED BY ERRORS, DEFECTS, DOWNLOADING, UPLOADING, VIRUSES, LINKS, ELECTRONIC TRACKING, INTERCEPTION OF INFORMATION, HACKERS, DELAYS, OMISSIONS OR INTERRUPTIONS. IN NO EVENT WILL WE BE RESPONSIBLE TO YOU FOR ANY ACTUAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THIS SITE, THE INFORMATION PROVIDED IN THIS SITE, OUR NEGLIGENCE, VIOLATION OF ANY CONTRACT TERMS OR AGREEMENT, OR ANY TORTUOUS ACT OR OMISSION, UNLESS AN APPLICABLE LAW PROHIBITS THIS EXCLUSION. EVERYTHING IN THIS SITE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FORWARD LOOKING STATEMENTS
Certain statements in this web site constitute forward-looking statements or statements which may be deemed or construed to be forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. The words "forecast", "anticipate", "estimate", "project", "intend", "expect", "should", "believe", and similar expressions are intended to identify forward-looking statements. These forward-looking statements involve, and are subject to known and unknown risks, uncertainties and other factors which could cause BrokerMap's actual results, performance (financial or operating) or achievements to differ from the future results, performance (financial or operating) or achievements expressed or implied by such forward-looking statements. The risks, uncertainties and other factors are more fully discussed in BrokerMap's formal legal investment documents and Definitive Agreements, and in some possible future cases in our filings with public regulatory agencies such as the SEC. All forward-looking statements attributable to BrokerMap and its officers, directors, shareholders, employees, agents, and affiliates herein are expressly qualified in their entirety by the abovementioned cautionary statement. BrokerMap disclaims any obligation to update forward-looking statements contained in this web site, except as may be required by law.
ACCURACY AND UPDATES
We try to make the information in our site(s) accurate, complete and up to date, however, our site is not updated daily. Therefore, we do not guarantee it will always be accurate, complete and current. The information contained in this web site is provided by BrokerMap as a user convenience and is to be used for informational purposes only. Although BrokerMap makes reasonable efforts to update its web site and to provide timely information, you should be aware that certain information is, by its nature, historical and therefore dated. In addition, BrokerMap does not warrant the completeness, accuracy or timeliness of the information contained in its web site. None of the information contained in our web site(s) constitutes advice of any kind and visitors should not base any investment decisions on information contained herein.
If you have any questions concerning these terms or the use of our site, please contact us at Townes Media LLC, Heritage Drive, New City NY 10956 or call 817-456-5104.
We are committed to respecting the privacy rights of the Guests of our site. While visiting the site, we may ask you to provide information that personally identifies you ("Personal Information") for purposes of communicating with us.
What kind of information does BrokerMap collect from Guests?
We only collect Personal Information that you submit to us, including but not limited to personal data (i.e., your name, mailing address, and email address), when you contact BrokerMap via email through this site or when you submit an investment proposal for our review. Additionally, we may also collect aggregate information regarding users of the site.
In Internet technology, there are "cookies" which can be used to help you enjoy a particular website. An Internet cookie is an element of data that a website can send to your browser, which may then be stored on your computer system. This element of data is a piece of text, not a program. The site can only access the information from a cookie sent by the site. One website cannot access other cookies sent by other websites or the information contained there. Additionally, cookies do not provide email addresses or any other information about you. Users can modify their browser preferences to accept all cookies, be notified when cookies are set or to reject all cookies. When you choose to reject all cookies, you may be unable to use certain features of a site.
USE OF PERSONAL INFORMATION
BrokerMap uses the Personal Information supplied by its Guests to communicate with its Guests in the normal course of its business activities as described within this site. Additionally, we may share aggregate, non-personally identifiable information with our business partners and other affiliated third parties (i.e., the number of users who have visited the site on a specific day, etc.).
To open a subscription account, Users must enter valid payment information needed to process their subscription payments. We use this information for identification and verification purposes and to process payments. We may also use this information to contact Users about payment processing. When Users provide payment information, it is protected using secure socket layer technology (SSL). We do not share credit card or payment information with third parties other than to process payments.
We may share with third parties anonymized information in the performance of marketing services, including evaluating market trends and/or under a joint marketing agreement to provide services that will be of particular interest and relevance to you. Such information will not include Personal Informaton. In addition, Users may have access to their information through the â€˜Settings' area of our system.
If all or substantially all of BrokerMap or its assets are sold or transferred, Personal Information and other information we have collected may be treated as an asset and transferred in accordance with this Policy.
HOW WE SECURE YOUR PERSONAL INFORMATION
BrokerMap limits access to your Personal Information. We have put in place physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and use correctly the Personal Information we collect from you.
No data transmissions through the Internet or mobile devices, or even the physical transfer of information, can be guaranteed to be completely secure. We cannot eliminate fully all security risks associated with personal information and technical mistakes are possible. We do not ensure or warrant the security of any data or information you transmit to us and you do so at your own risk.
If BrokerMap learns of a security systems breach, then we may attempt to notify you electronically. You agree that we may communicate with you electronically regarding security, privacy, and administrative issues. We may post a notice on our website if a security breach occurs. If this happens, you will need a web browser enabling you to view and access BrokerMap. We may also send an email to you at the email address you have provided to us.
We contract with one or more third parties to maintain and host our site. Therefore, any information you submit, including Personal Information, may be placed and stored on a computer server maintained by this third party. Your use of the site and any provision of Personal Information you submit to the site constitute your acknowledgement that such information or content could pass through and may be stored in servers outside the control of Broker Map LLC. Broker Map LLC has no liability or responsibility for any such pass-through or storage of same.
When we first collect information about you, we will offer you the opportunity to "opt out" of having your Personal Information used by Broker Map LLC should we begin using this information for periodic, general mass communications from and about Broker Map LLC, unless otherwise required by law, court order, or other government or law enforcement authority.
In compliance with the CAN-SPAM Act of 2003, should you decide you no longer wish for us to contact you via email or postal mail regarding our business activities, you can opt out at the time of registration or information collection. If, at a later date, you choose to have your name removed from our database, you can do so by clicking on the "unsubscribe" link that will be included in any future email communication you receive from us. It is our policy that all "unsubscribe" requests be processed as quickly as possible after receipt. We will also confirm with you via email your intention to either opt-in or opt-out of future email communications.
When we work with third-party vendors to assist in an aspect of email management, delivery or acquisition, we will make reasonable efforts to assure that their policies also adhere to CAN-SPAM standards and that opt-out requests are processed by all affected parties as quickly as possible.
EFFECTIVE DATE: September 1, 2012