GotOffice.com - Terms and Conditions
The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the GotOffice.com web site is subject to the following terms and conditions (the Terms and Conditions or the Agreement). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and GotOffice.com. ("GotOffice.com" or the "Company"). You also agree to the GotOffice.com Listing Policy & Guidelines (the "Listing Policies") detailed further below.
If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed via email to: info@GotOffice.com. GotOffice.com may update these terms and conditions at any time and without notice.
GENERAL PROVISIONS
Membership
Membership is automatically granted to a Customer that posts a listing on the GotOffice.com website. Membership privileges are granted by GotOffice.com to individuals exclusively and are granted specifically to the registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the GotOffice.com web site without express written permission from GotOffice.com. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of GotOffice.com. GotOffice.com requires that each member maintain a valid email address and a password, which shall be utilized for logging on to the GotOffice.com system. Members are not permitted to share their individual logon information with others. GotOffice.com has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the GotOffice.com website, or abuses their rights related to the GotOffice.com service.Email Communication
GotOffice.com utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant GotOffice.com the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes GotOffice.com determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. GotOffice.com will use best efforts to honor Customers request to opt out of marketing messages, but under no circumstances will GotOffice.com have any liability for sending any email to its registered users/customers.
Submission and Administration of Listings
Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to GotOffice.com unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on GotOffice.com's website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the GotOffice.com website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the GotOffice.com website. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the GotOffice.com website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the GotOffice.com system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the GotOffice.com website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to GotOffice.com.
Use of Information
Customer agrees to treat all information obtained from the Service, as proprietary to GotOffice.com. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of GotOffice.com. GotOffice.com does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the active property listings solely to obtain initial information from which further evaluation and investigation may commence.
GotOffice.com Reports and other similar information, reports and services (individually and collectively GotOffice.com Reports), the Service, and any and all Content offered by GotOffice.com to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY GotOffice.COM, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Customer shall limit access to and use of active property listings to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the GotOffice.com Service as part of any effort to compete with GotOffice.com, including without limitation using the GotOffice.com Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential GotOffice.com customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the GotOffice.com Service. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.
Payment Terms
Except as provided by any special promotion, Customer agrees to pay for all Customer listings posted on the GotOffice.com web site using the payment method indicated, and provides GotOffice.com express authorization to charge said fees to the Customers payment provider. Fees owed depend on the specific type and quantity of GotOffice.com listings, services or information (collectively "Deliverables") ordered. The fees paid for monthly listings are non-refundable, regardless of whether the listing is terminated prior to the end of the then-current monthly billing period. No partial month refunds will be provided.
Listings will automatically renew on a month to month basis unless Customer deletes a listing three (3) days prior to the end of the then current billing period. If Customer has a question billing question, Customer should contact GotOffice.com at info@GotOffice.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer's responsibility to promptly provide the Company 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 Edit My Account link within the My Properties section of the website, once Customer has logged into www.GotOffice.com.
Unsolicited Commercial Email (Spam)
GotOffice.com prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Broker, or other email services that GotOffice.com offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. GotOffice.com has the right to revoke the privileges of any customer or company that breaches these terms.
Ownership and License Grant
GotOffice.com retains all rights (including Intellectual Property Rights as defined below), title and interest in the GotOffice.com Web site and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of GotOffice.com's technology or delete or alter author attributes or copyright notices. Customer shall use the GotOffice.com system solely for their own use and shall not allow others to use the GotOffice.com system under or through that Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL GotOffice.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and GotOffice.com's entire liability under this Agreement shall be a refund to Customer of the fees paid to GotOffice.com hereunder, and in no event will GotOffice.com's liability for any reason exceed such fee. GotOffice.com (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify GotOffice.com (and GotOffice.com's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.
Warranty Disclaimers
THE LISTINGS, SERVICE, RECENTSALES INFORMATION, AND GotOffice.COM MARKET REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GotOffice.COM MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENTSALES INFORMATION, OR GotOffice.COM MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND GotOffice.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED KINGDOM, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
Links to Third Party Sites
This web site may contain hyperlinks to other web sites operated by parties other than GotOffice.com, Inc. and its subsidiaries which are beyond GotOffice.com’s control. Parties other than GotOffice.com may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use GotOffice.com’s logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the GotOffice.com site. GotOffice.com does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. GotOffice.com does not assume any liability for the actions, product, and content of all of these and any other third parties. GotOffice.com makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the GotOffice.com site, the site you will land on is not controlled by GotOffice.com and different terms of use and privacy statements may apply. GotOffice.com also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Other Rights of GotOffice.com, Inc.
Customer agrees that GotOffice.com shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by GotOffice.com customers and partners. GotOffice.com shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. GotOffice.com shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. GotOffice.com reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on the GotOffice.com web site, located at http://www.GotOffice.com.
Copyright Complaints
If you believe that your work has been copied onto GotOffice.com in a way that constitutes copyright infringement, please provide GotOffice.com the written information specified below. Please note that this procedure is exclusively for notifying GotOffice.com that your copyrighted material has been infringed.
Address for GotOffice.com:
4901 E. Livingston, Long Beach, Ca 90803
Governing Law
This Agreement, and the Deliverables provided by GotOffice.com, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Los Angeles County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of GotOffice.com, which retains the right to withhold consent in its sole discretion.
Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Executive Officer at GotOffice.com.
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Listing Policies
Please familiarize yourself with GotOffice.com’s Listing Policies and Guidelines (the Listing Policies) prior to entering a property listing on the GotOffice.com website. All listings are subject to the Listing Policies.
Listing Review
All listings entered on GotOffice.com may be subject to review by GotOffice.com company personnel (Listing Review) prior to becoming available for full viewing online. GotOffice.com reserves the right, but not the obligation, to review any listing entered by Customer on GotOffice.com. Although Customers listings may be subject to Listing Review, Customer remains solely responsible for abiding by the Listing Policies and GotOffice.com’s Terms and Conditions. The Listing Policies prohibit Customer from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates GotOffice.com’s Terms and Conditions. By entering listings on GotOffice.com, Customer warrants and represents that Customer owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit such content. Customer acknowledges that GotOffice.com cannot police or control all of the content provided by Customer(s) that is made available on GotOffice.com.
Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on GotOffice.com until the issue in question has been addressed. When conducting Listing Review, new listings added to GotOffice.com are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information), Listing Review will send an email message to the Customer about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. After the Customer receives notice from Listing Review, the Customer will be given a reasonable amount of time (routinely, 48 hours) to respond. It is then the sole responsibility of the Customer to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the site. However, if the Customer fails to respond to the communication from Listing Review, GotOffice.com in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service.
Required Fields
All fields noted by an asterisk (*) on the add property page are required fields and must be completed with valid data pertaining to the property being listed (Required Fields). Property listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields.
Address Fields
All Address fields on GotOffice.com including Address, City, State and Zip Code are Required Fields. These fields are intended for listing the physical address or intersection of the property being listed. These fields are not for the listing of additional information about the property. Entering Confidential, Call Broker, Withheld, or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address1 or City Name fields is strictly prohibited. GotOffice.com reserves the right to remove any and all property listings with non-address related or invalid information in any address specific field with or without contacting the listing broker.
Property Description
Property descriptions are for the description of the property that is for lease only. The posting of contact name, phone number, fax number, company information or URL links for any contacts including those who are not GotOffice.com members is strictly prohibited in this section. This type of information in the Property Description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in GotOffice.com’s removal of all of such Customers active listings on the Service until all such content has been appropriately rectified.
Office Type
Properties must be identified with the appropriate office type. Adding the same listings under multiple office types is prohibited. GotOffice.com reserves the right to change or remove office types deemed to be misleading.
Pricing
A valid Asking Rental Rate in the Asking Rental Rate field for the listed property is required for all GotOffice.com Listings, except for Executive Suite listings which may list their rate as “Negotiable”. For all other listings, terms such as Negotiable are prohibited. GotOffice.com reserves the right to remove all listings that are deemed to have invalid rental rates including any listing with $0 listed in Asking Rental Rate fields.
Listing Parameters
In order to maximize the features of the GotOffice.com service, Customers should note certain parameters in the listing process.
Commercial Property
GotOffice.com is a web site for commercial real estate (office, industrial, medical and retail) for lease. Listing of single-family residences or any property type other than those stated above is prohibited on the GotOffice.com website. Any listing deemed to be a single-family residence or other non-compliant types will be removed from the system during the listing approval process and an email will be sent to the Customer stating that the property has been identified as non-compliant.
Use of Photographs
Building photographs posted, attached, or affixed to listings must be actual photographs of the building being listed. All such photographs must be either (a) the property of the listing broker or (b) the listing broker must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the Customer's website or on GotOffice.com's website for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the building or property being listed, including brokerage company logos, may be removed at the discretion of GotOffice.com.
Prohibited Conduct
Customers are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the GotOffice.com Service.
Billboard Listings
Listings on GotOffice.com are for properties that are currently offered for Lease. It is not permitted to post listings on the Service that have already been leased or are no longer on the market, i.e. posting listings on the Service for marketing or advertising purposes (Billboard Listings). All listings for properties already leased or off-market will be removed.
Offensive Language
Use of profanity or vulgar language in any section of the GotOffice.com database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Service immediately. Customers posting such language to the GotOffice.com web site may be subject to disciplinary action, including indefinite suspension of a Customers account, temporary suspension or a formal warning.
Last updated: May 13, 2006