Terms & Conditions
User Requirements And Acknowledgements
A. TCA may in the future provide users with access to many valuable applications and services, including various on-line pricing, bid-to-live picture tools, pictorial-text catalogs, audio-video catalogs, virtual tours, video webcasts, on-demand video streaming, branded content and programming, user content and programming, a Lease Assessment Package (as defined below), integrated payment and funds collection systems, and membership services through its network of applications and other services which may be accessed through any medium or device now known or hereafter developed (collectively the “Services”).
B. In consideration of your use of the Site, you represent that you are of legal age to utilize the Services provided by the Site and that there are not restrictions to your access to and use thereof under the laws of the United States or other applicable jurisdiction. You further represent that any party whom you invite to participate in any Services with you is also of legal age as described above. It also is your responsibility to determine whether any of the Site pages, Services and/or Content (as defined below) are appropriate for you and any other party whom you invite to participate with you.
C. You acknowledge and accept that the Site may include certain communications from TCA, such as service announcements and administrative messages. You acknowledge and accept that any new features augmenting or enhancing the current Site, including the release of new TCA Services, shall be subject to these Terms.
D. Your correspondence or business dealings with, or participation in promotions of, third party sellers or brokers found on or through the Site, including payment for and delivery of related property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that TCA 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 third party sellers, brokers, and/or advertisers on the Site.
F. You understand and agree that the Site and the Services are provided “AS-IS” and that, while the TCA strives to provide a satisfying experience for all of its Site users, TCA assumes no responsibility for the temporary unavailability of the Services or the timeliness, transport, deletion, mis-delivery or failure to store/retrieve any user commands, data, communications or personalization settings in connection with the Site.
G. The Site may provide functionality that allows or may allow users to perform data transfer or similar services that will allow you and the other members with whom you communicate to save your conversations or transmissions in your Site accounts. When and if they become available or whether or not you use these features, your agreement to these Terms constitutes your consent to allow TCA to store these communications on its servers.
H. TCA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and related Services(or any part thereof) with or without notice. You agree that TCA shall not be liable to you or to any third party for any modification, suspension or discontinuance thereof.
I. You understand and agree that you are solely responsible for obtaining access to the Site, and that access may involve third-party network services fees (such as Internet service provider or airtime charges) and the acquisition of certain equipment relating thereto.
J. TCA may charge fees for using certain Services, such as lease abstraction or preparation of individual Lease Assessment Packages or similar documents (collectively “Lease Assessment Packages”). When you use a fee-based Service, you will have an opportunity to review and accept the fee that you will be charged based on our fee schedule and other terms and conditions relating to the transaction. Any fee charged for a Lease Assessment Package is paid in consideration of the materials contained therein; TCA does not charge a fee in connection with any data or pricing analysis reports contained on the Site. We may also choose to temporarily change fees for our Services in connection with promotional and marketing programs or new Service introductions.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our Services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
If a currency convertor is available on the Site, the following terms and conditions apply:￼ Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The currency converter application is provided by a third party service provider and TCA does not warrant or guarantee the accuracy of information provided in connection therewith. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
Some banks and credit card providers impose fees for international transactions. If you are paying fees a from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a transaction on the Site. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
A. While you may enjoy various viewing experiences on the website without the requirement of pre-qualification and free membership, many valuable Services are available only through this process. Member registration involves a simple process whereby you will establish user identification, password and user account for your exclusive use, along with the opportunity to scroll through and read these Terms in their entirety and to indicate your acceptance thereof by clicking “accept” or “agree” in connection therewith. You will also be given the ability to preserve a copy of these Terms through a “download copy” command. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TCA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TCA cannot and will not be liable for any loss or damage arising from your failure to comply with these terms and conditions.
B. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TCA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TCA has the right to suspend or terminate your membership and refuse any and all current or future use of the Site (or any portion thereof).
Use of the Website
A. You understand that all information, descriptions, data, text, software, photographs, graphics, video, messages, tags, property, items, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Accordingly, you, and not TCA, are solely responsible for all Content that you upload, post, transmit, broadcast, sell, transfer, or otherwise make available via the Site. TCA does not guarantee the accuracy, integrity, quality, or authenticity of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TCA 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 purchase, sale or use of any Content uploaded, posted, transmitted, broadcast, sold, transferred or otherwise made available via the Site.
B. You agree that you will not use the Site to: (1) Upload, post, transmit, broadcast or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (2) Impersonate any person or entity, including, but not limited to, a TCA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity, or stalk or otherwise harass another; (3) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site; (4) Upload, post, transmit, broadcast, sell, transfer or otherwise make available any Content that is inauthentic, counterfeit, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (5) Upload, post, transmit, broadcast, sell, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (6) Upload, post, transmit, broadcast, sell, transfer, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated by TCA for such purpose; (7) Upload, post, transmit, broadcast, sell, transfer, 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; (8) Disrupt the process in any way or otherwise act in a manner that negatively affects other users’ ability to engage in real time bidding or other exchanges; (9) Perform any unauthorized reproduction, publication, further distribution or public exhibition of the Content and other materials provided on the Site, in whole or in part; (10) Interfere with or disrupt the Site processes, or servers or networks supporting the Site, or disobey any requirements, procedures, policies or regulations of networks supporting the Site; (11) Collect or store personal data about other users in connection with the prohibited conduct and activities set forth herein; (12) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Copyright Office, U.S. Patent and Trademark Office, U.S. Securities and Exchange Commission, the European Enforcement Directive of 2004, or any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or (13) 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.
C. You acknowledge that TCA may establish general practices and limits concerning use of the Site, including without limitation the types of or restrictions relating to property and items that may be submitted for sale to the site, the maximum number of days that messages, message board postings, representations of persons, property, or items, or other uploaded Content will be retained by the Site, the maximum number of messages that may be sent from or received by an account on the Site, the maximum size of any message that may be sent from or received by an account on the Site, the type and quantity of transactional data stored and presented in connection with your account, the maximum disk space that will be allotted on TCA’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that TCA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. You acknowledge that TCA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TCA reserves the right to modify these general practices and limits from time to time.
D. Lease Assessment Packages. With respect to any Lease Assessment Package Service provided to you by TCA in connection with the Site, the parties hereby acknowledge and agree to the following: 1. The fee and duration of the Lease Assessment Package Service were discussed by and between the parties and were subject to our mutual determination. 2. The Lease Assessment Package Service, and fee and delivery schedule relating thereto, are described on the dedicated Site page relating thereto, the terms and conditions of which are incorporated herein and made a part hereof by this reference. 3. TCA does not anticipate providing services to more than one party (You) in connection with the Lease Assessment Package Services provided hereunder. 4. TCA has no policy regarding cooperation with other brokers in connection with the Lease Assessment Package Service provided hereunder. 5. It is a conflict of interest when a real estate broker has a financial or personal interest in the property and/or places its interests before Your interests. If TCA, or any of TCA’s licensees, has a conflict of interest, TCA will notify You in a timely manner.
E. You agree not to reproduce, duplicate, reverse-engineer, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site (including your user identification), use of the Site and/or the Services, or access thereto.
F. You understand that the technical processing and transmission of data in connection with the Site, including your bid submissions and Content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and security encoding/decoding and related processing.
G. You acknowledge that in using the Site and Services to send electronic transmissions (including but not limited to interactive bidding, audio-video communications, Webcasts, broadcasts, email, search queries, chat and other Internet activities) over the Internet, you will be engaging in interstate communications.
H. You agree to comply with all worldwide local rules regarding online conduct and acceptable Content and to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Submissions to the Website
A. The Site provides or may provide functionality that allows or may allow Site users who have a valid user identification to submit leases/easements for sale and/or live and/or on-demand Content that may include information, text, images, graphics, audio, video, and/or representations of persons, property, items, and any other material to TCA and to be indexed and crawled by TCA’ search facilities and otherwise used by TCA for public posting, display, viewing and sharing on the Site and on third-party sites, platforms and networks where syndicated or licensed by TCA.
B. You, and not TCA, are entirely responsible for all publicly accessible Content that you upload, post, webcast, promote, sell, transfer, or otherwise convey or transmit via the Site. You expressly acknowledge and agree that your submission of Content for inclusion onto the Site will, if accepted by TCA in its sole discretion, may result in its accessibility by the public, and that there is no confidentiality or privacy with respect to your Content, including any personally identifying information that you may make available relating thereto. If TCA provides you with the option of limiting the sharing of a particular piece of your Content at a particular time, TCA will honor the option you have selected for that element of your Content at that time, but any such selection shall apply only to that particular element of your Content.
C. You acknowledge that TCA may or may not pre-screen Content, but that TCA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is made publicly available via the Site. Without limiting the foregoing, TCA and its designees shall have the right to remove any Content for any reason, including without limitation, Content that reasonably appears to violate or violates these Terms or is otherwise objectionable.
D. By submitting your Content, you agree: (1) That you own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) to your Content and any other works that you incorporate into your Content, and you authorize and license TCA to use your Content in the manner contemplated in these Terms; (2) All property and items submitted for sale will be genuine and authentic, and any indicated origin, source, creator, manufacturer, and/or provenance will be true and accurate; (3) That you will provide true, accurate, current and complete information, and to make any and all disclosures required under applicable law, relating to any real estate or other proprietary assets submitted by you in connection with any Service hereunder; (4) That you have the written consent, release, and/or permission of each and every identifiable individual person in your Content to use such persons name and/or likeness in your Content for use in the manner contemplated in these Terms; (5) Not to include in your Content any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (6) That you are at least of legal age and you acknowledge that persons under legal age may not submit Content to the Site; and (7) That TCA may, in its sole discretion, monitor your Content and other communications over the Site but is under no obligation to do so.
E. As between You and TCA, You retain ownership to your Content that you submit for inclusion onto the Site. However, by submitting your Content to TCA, you hereby grant TCA and its affiliates the following worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses: (1) To host, cache, store, archive, index, crawl, create algorithms based on, modify or transcode your Content to appropriate media formats, standards or mediums in any and all forms and by whatever means whether now known or hereafter devised or created, and to exploit any and all allied, ancillary and subsidiary rights relating thereto and derived therefrom; (2) To use, license, sell, digitize, stream, store, distribute, exhibit, publicly perform, reproduce, display, modify, adapt, edit, remix, excerpt, communicate, translate, prepare derivative works and compilations of, compress, transmit, integrate, insert, market and promote your Content in any and all forms and media and by whatever means whether now known or hereafter devised or created, and to exploit any and all allied, ancillary and subsidiary rights relating thereto and derived therefrom; and (3) To use your Content, in whole or in part, for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your Content in any and all forms and media and by whatever means whether now known or hereafter devised or created, and to exploit any and all allied, ancillary and subsidiary rights relating thereto and derived therefrom.
F. By way of clarification and not limitation, you understand and agree that your license grant above will allow TCA registered users and others to, among other activities: (i) access, distribute, display and/or perform your Content through the Site or through the use of other TCA Services, including publicly on third-party web sites, the Internet generally, television, game consoles, cellular phones, or any other electronic medium or device now known or hereafter devised or created; (ii) evaluate, rate, review, comment on and tag your Content; (iii) embed TCA’ video player or other form of media player with your Content on any web site; (iv) send and distribute your Content via email, instant messenger or otherwise over or through the Internet or any other electronic communications system; and (v) access, reproduce, distribute and/or perform your Content via any of TCA’ web service APIs or via RSS or any similar XML or related feeds.
G. TCA has no duty or obligation, express or implied, to post, host, stream, transmit, sell, transfer, or otherwise include any of your Content in connection with the Site or any TCA Service.
H. TCA reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your Content, and TCA will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. However, nothing in these Terms obligates or may be deemed to obligate TCA to sell, license or offer to sell or license any advertising, promotion or distribution rights in connection with your Content.
I. By submitting any ideas, suggestions, documents, and/or proposals (“Contributions”) to TCA through any suggestion or feedback web pages, you acknowledge and agree that: (1) your Contributions do not contain confidential or proprietary information; (2) TCA is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (3) TCA shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (4) TCA may have something similar to the Contributions already under consideration or in development; (5) your Contributions automatically become the property of TCA without any obligation of TCA to you; and (6) you are not entitled to any compensation or reimbursement of any kind from TCA under any circumstances in connection therewith.
B. You acknowledge, consent and agree that TCA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content is inauthentic, counterfeit, or otherwise violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TCA, its users and the public.
You will indemnify, defend and hold TCA, its Affiliates, and its current and former principals, directors, officers, members, licensees, partners, employees and agents, and their respective successors, heirs and assigns (collectively, the “Indemnitees”), harmless from and against any and all liabilities, losses, claims, demands, damages, costs and expenses, fines, penalties or money judgments including, without limitation, court costs and reasonable attorneys’ fees (hereinafter referred to as “Liabilities”) incurred by or against the Indemnitees or any one of them arising out of the breach of any representation made herein, any Content you submit, post, transmit, sell, transfer, or otherwise make available through the Site, your use of the Site, your connection to the Site, your violation of these Terms, your violation of any rights of another, or your violation of any applicable laws or regulations. If any Indemnitee shall, without fault on its part, be made a party to any litigation commenced by or against you, then you shall hold the indemnitee harmless, and shall pay all costs, expenses, losses, damages, settlement payments and reasonable attorneys’ fees incurred or paid by such indemnitee in connection with said litigation. You will give prompt notice to the Indemnitee of any actual or threatened suit which may cause Liabilities and of which you become aware.
A. You agree that TCA may, under certain circumstances and without prior notice, immediately terminate your TCA account and access to the Site. Cause for such termination shall include, but not be limited to, (1) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules (2) requests by law enforcement or other government agencies, (3) your request to terminate your account, (4) discontinuance or material modification to the Site (or any part thereof), (5) unexpected technical problems or security issues, (6) extended periods of inactivity, (7) engagement by you in fraudulent, counterfeiting or illegal activities, and/or (8) nonpayment of any fees owed by you in connection with the Site or any related Application or service.
B. Termination of your TCA account includes, without limitation (1) removal of access to all offerings within the Site, including but not limited to on-line sales, catalog review, transactional entries, messaging, and any posted Content, (2) deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof), and (3) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in TCA’ sole discretion and that TCA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site.
A. You acknowledge and agree that the Site and related Services and any necessary software used in connection therewith (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content provided by TCA and contained in sponsor advertisements or other information presented to you through the Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or expressly authorized by TCA or advertisers, you agree not to modify, duplicate, reverse-engineer, rent, lease, loan, sell, distribute or create derivative works based on the Site and related Services or the Software, in whole or in part.
B. TCA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse-engineer, reverse-assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by TCA for use in accessing the Site.
Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TCA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, 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.
B. TCA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSESS, AND LICENSORS MAKE NO WARRANTY THAT (1) THE SITE OR RELATED SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE SITE OR RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR RELATED SERVICES WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR RELATED SERVICES WILL MEET YOUR EXPECTATIONS; (5) THAT ANY OFFER MADE WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED AND PROCESSED; AND (6) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR RELATED SERVICES 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. D. NO ADVICE, REPORTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TCA OR THROUGH OR FROM THE SITE OR RELATED SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
E. ANY LEASE ASSESSMENT PACKAGE PRODUCED BY THE SITE OR RELATED SERVICES IS AN ESTIMATE ONLY, PREPARED BY MEANS OF COMBINING THIRD PARTY DATA AND PUBLIC DOMAIN INFORMATION IN AN AUTOMATED, ELECTRONIC PROCESS, AND SHALL NEITHER BE DEEMED NOR RELIED UPON AS AN “APPRAISAL” AS CONTEMPLATED UNDER FEDERAL, STATE OR LOCAL STATUTES, RULES AND REGULA TIONS.
F. THE INFORMATION ON THE SITE IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. TCA DOES NOT PROVIDE INVESTMENT, FINANCIAL, LEGAL, TAX OR APPRAISAL ADVICE. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A LICENSED PROFESSIONAL FAMILIAR WITH YOUR OWN PERSONAL CIRCUMSTANCES FOR INVESTMENT, FINANCIAL, LEGAL, TAX AND APPRAISAL ADVICE.
G. VETTING BY TCA OF EACH AND EVERY ITEM, PROPERTY AND OTHER CONTENT POSTED AND SOLD VIA THE SITE IS NOT REALISTICALLY PRACTICEABLE. ACCORDINGLY, TCA CANNOT AND DOES NOT CONTROL THE ITEMS AND PROPERTY MADE AVAILABLE FOR PURCHASE AT AND OTHER CONTENT POSTED VIA THE SITE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, SAFETY, LEGALITY, OR AUTHENTICITY OF SUCH CONTENT, THE TRUTH OR ACCURACY OF USERS CONTENT OR LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.
H. FUTHER, TCA NEVER ESTABLISHES AN OWNERSHIP INTEREST IN ITEMS AND PROPERTY BOUGHT AND SOLD VIA THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TCA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS DO NOT TRANSFER LEGAL OWNERSHIP OF ITEMS FROM THE SELLER TO THE BUYER IN CONNECTION WITH THE ONLINE BUYING AND SELLING OVER THE SITE, AND NOTHING IN THESE TERMS SHALL MODIFY THE GOVERNING PROVISIONS OF GEORGIA COMMERCIAL CODE AND UNIFORM COMMERCIAL CODE UNDER WHICH LEGAL OWNERSHIP OF AN ITEM IS TRANSFERRED UPON PHYSICAL DELIVERY OF THE ITEM TO THE BUYER BY THE SELLER. UNLESS THE BUYER AND THE SELLER AGREE OTHERWISE, THE BUYER WILL BECOME THE ITEM’S LAWFUL OWNER UPON PHYSICAL RECEIPT OF THE ITEM FROM THE SELLER, IN ACCORDANCE WITH GEORGIA COMMERCIAL CODE AND THE UNIFORM COMMERCIAL CODE.
Limitation Of Liability
A. TCA CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO ITS APPLICATIONS AND SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ITS CONTROL. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TCA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SITE; (2) 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; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (5) THE FAILURE OF THE SITE TO TIMELY PROCESS AN OFFER, OR (6) ANY OTHER MATTER RELATING TO THE SITE.
B. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
A. Except as expressly stated otherwise, all notices to TCA shall be sent to the following email address: firstname.lastname@example.org. TCA’ street address is: Tower Capital Advisors, LLC, 12600 Deerfield Parkway, Suite 100, Alpharetta, Georgia 30004
B. TCA may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Site, or other reasonable means now known or hereinafter developed.
Trademark and Copyright Information
A. “TCA” and the stylized TCA logo, are registered U.S. trademarks (the “TCA Marks”). You agree not to display or use in any manner the TCA Marks without TCA’ prior written permission.
B. All other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
C. © Copyright 2013, Tower Capital Advisors, LLC All rights reserved.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TCA with notice of the following information: A. Your address, telephone number, and email address; B. Description of the copyrighted work or other intellectual property that you claim has been infringed; C. Description of where the material that you claim is infringing is located on the Site; and D. Statement by you, made under penalty of perjury, of your good faith belief that your rights are being infringed, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Entire Agreement: The Terms constitutes the entire agreement between you and TCA and governs your use of the Site and related Services, superseding any prior agreements between you and TCA with respect thereto. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TCA Services, affiliate services, third-party content or third-party software. The parties hereby agree to conduct this transaction by electronic means.
Choice of Law and Forum: The Terms and the relationship between you and TCA shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and TCA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, State of Georgia.
Waiver and Severability of Terms: The failure of TCA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect. Any of these terms and conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective only to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining terms and conditions or affecting the validity or enforceability of such terms and conditions in any other jurisdiction.
Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
No Right of Survivorship and Non-Transferability. You agree that your TCA account is non-transferable and any rights to your Site user identification or contents within your account terminate upon your death. 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 these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Captions: The section titles in these Terms are for convenience only and have no legal or contractual effect.