ACCEPTING THESE TERMS OF USE AND CHANGES TO THESE TERMS OF USE

By accessing or using the Services, you are agreeing to these Terms of Use and entering into a legally binding agreement with us. If you do not agree to the Terms of Use, including the binding arbitration clause and class action waiver, you may not use the Services or create an account.

As our business grows and improves, we may from time to time change these Terms of Use and will post a revised copy on this page. We encourage you to check regularly for any updates. If we make any material changes to these Terms of Use, we will notify you via email or on the Services as appropriate. Otherwise, your continued use of the Services following such changes will constitute your acceptance of the new terms.

By using the Services, you are agreeing to be legally bound by this agreement, including the binding arbitration clause contained below. We may make changes to this agreement from time to time, so be sure to check this page regularly

Please read through the Listing Policies and Guidelines (the “Listing Policies”) prior to entering a property listing on the Crelookup website. All listings are subject to the Listing Policies.

Listing Review

All listings entered on Crelookup may be subject to review by Crelookup company personnel (“Research Team”). Crelookup reserves the right, but not the obligation, to review any listing entered by Customer on Crelookup. Although Customer’s listings may be subject to review by the Research Team, Customer remains solely responsible for abiding by the Listing Policies and Crelookup’ 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 Crelookup’ Terms and Conditions. By entering listings on Crelookup, 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 Crelookup cannot police or control all of the content provided by Customer(s) that is made available on Crelookup.

New listings added to Crelookup from first time listers are examined to determine whether such listings are in compliance with the Listing Policies. In the event the Research Team determines a listing (new or otherwise) violates the Listing Policies (including, but not limited to containing inaccurate or incomplete information), the Research Team will contact the Customer about such listing, clearly stating how such listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. Crelookup in its sole discretion reserves the right to remove any and all content that violates 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. If the Customer updates a critical field which conflicts with the company’s property level data, the Research Team will review and approve/deny the updated value. If denied, the value will revert to the company’s property level data value.

Address Fields

All Address fields on Crelookup including Address, City, State and Zip Code are Required Fields. These fields are intended for listing the physical address in the United States, Canada, United Kingdom or Spain of the property being listed. In lieu of the address, an intersection or APN is acceptable when the property type is Land / Agriculture, or the construction status of the property is Under Construction / Proposed. These fields are not for the listing of additional information about the property (see Property Description). 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. Crelookup 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 sale or 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 Crelookup 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 Crelookup removal of all of such Customer’s active listings on the Service until all such content has been appropriately rectified.

Property Type

Properties must be identified with the appropriate property type. Customer has option to select up to three (3) ‘Also Market As’ property types. Crelookup reserves the right to change or remove property types deemed to be misleading.

Pricing

A valid Sales Price in the Price Asking field for the listed property is required for all Crelookup Sale Listings and a valid rental rate for each space is required for all Crelookup Lease Listings. Crelookup reserves the right to remove all listings that are deemed to have invalid prices or rental rates including any listing with $0 listed in Lease Rate, Sales Price and Opinion of Value fields.

Listing Parameters

In order to maximize the features of the Crelookup service, Customers should note certain parameters in the listing process.

Commercial Property

Crelookup is a website for commercial real estate. Listing of single-family residences is prohibited on the Crelookup website, except if such residences have a residential income purpose (e.g. to purchase a residence whose customary use has been as a rental property), in which case such properties may by listed under the Residential Income category only. The listing of single family residential income property under all other categories is prohibited. Any listing deemed to be a non-income generating, single-family residence 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 a single-family residential property.

Property Listings:

Crelookup prohibits the listing of a single property more than once on the web site at the same time. A duplicate is defined as the same space and property availability listed under more than one Listing ID. Crelookup reserves the right to remove any and all listings that are determined to be duplicates with or without contacting the listing broker. Customers may, however, list a property for sale and for lease at the same time.

Business for Sale Listings:

Crelookup prohibits Business for Sale listings if there is no commercial real estate for sale. Business for Sale listings with commercial real estate for sale are permitted and must adhere to the Listing Policy.

Space Listings:

Crelookup prohibits the listing of the same space more than once on the web site at the same time. A space listing is defined as a single suite or unit of space listed for lease. Crelookup provides minimum divisible/maximum contiguous options for divisible space. Total space available in a building cannot exceed the total square footage of the building and total space available per floor cannot exceed the typical floor size. Crelookup reserves the right to combine duplicate space listings into a single listing or to remove the listing from the system with or without contacting the listing broker.

Listing Quantity, Submission, and Display:

Members may list an unlimited number of listings on Crelookup.com.

Use of Photographs, Videos and Document Attachments

Building photographs, videos and document attachments posted, attached, or affixed to listings must be actual photographs/videos/documents of the building being listed. All such photographs, videos and document attachments 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/videographer and/or copyright owner of any photographs/videos, to publish such photographs/videos on the Customer’s website or on Crelookup’ website for the purpose of advertising the subject property. Photographs, videos and document attachments uploaded that are not directly related to the building or property being listed, including brokerage company logos, may be removed at the discretion of Crelookup.

Prohibited Conduct

Customers are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the Crelookup Service.

“Billboard” Listings

Listings on Crelookup are for properties that are currently offered for Sale or Lease. It is not permitted to post listings on the Service that have already been sold 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 sold or off-market will be removed.

Keyword Manipulation

Crelookup offers the ability to search for properties on key words. This is designed to enable searchers to narrow their criteria based on specific requirements. Keyword manipulation is unfair to searchers by returning listings that clearly do not meet their criteria. Keywords identified in the property name, property description, location description or property highlights field that are clearly not relevant to the property being marketed will be removed by Listing Review. Habitual abuse of this policy by a Customer may, at the sole discretion of Crelookup, lead to the removal of all of that Customer’s active listings from the web site and suspension of that Customer’s ability to list properties on the Service.

Offensive Language

Use of profanity or vulgar language in any section of the Crelookup 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 Crelookup web site may be subject to disciplinary action, including indefinite suspension of a Customer’s account, temporary suspension or a formal warning.

BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.

By using the Services, you irrevocably agree: (a) to waive all rights to trial in a court before a judge or jury on any claim, action or dispute with us or relating in any way to your use of the Services or the interpretation, applicability, enforceability or formation of these Terms of Use including, but not limited to, any claim that all or any part of this agreement is void or voidable (“Claims”); (b) that all Claims will be determined exclusively by final and binding arbitration in Marion County, Indiana before one arbitrator; and (c) that the arbitrator will not have the authority to consolidate the Claims of other users of the Services (“Users”) and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Users in one arbitration proceeding.

The arbitration shall be administered by CreLookup.com pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Indiana, Marion County. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.

Judgment on any arbitration award may be entered in any court having jurisdiction. In any arbitration arising out of or related to these Terms of Use, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

It is very important that you read and understand this entire section. This section explains that by using the Services, you are agreeing to resolve any dispute related to the Services or these Terms of Use through binding arbitration, and you are giving up your right to resolve disputes in front of a judge or jury. You are also agreeing to arbitrate your claims individually, and not as part of a class action.

SERVICES AUDITING AND MONITORING

We reserve the right to audit and monitor (manually or through automated means) the use of the Services to ensure compliance with the Terms of Use and to maintain and improve the provision of the Services. We also may, but are not required to, monitor the content on the Services using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of the Terms of Use or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.

You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any content you submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.

GENERAL TERMS

Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.

Notices and Electronic Communications. We may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail, telephone or communications though the Services. When you use the Services, you consent to receive communications from us electronically and through each of the foregoing methods. By engaging in any telephone conversation with our agents or employees, you consent to our recording such telephone call. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Compliance with Applicable Laws: The Services are controlled within the United States of America and directed to individuals residing in the United States. We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. We reserve the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in our sole discretion. You represent and warrant that: (a) you are not located in a country subject to trade sanctions or economic embargoes under the laws of the United States of America (“US Sanctioned Countries”); (b) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are (i) listed on the list of Specially Designated Nationals and Blocked Persons published by the Office of Foreign Assets Control, U.S. Department of Treasury (“OFAC”) (available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) (an “OFAC Listed Person”), (ii) an agent, department, or instrumentality of, or is otherwise beneficially owned by, controlled by or acting on behalf of, directly or indirectly, any OFAC Listed Person or US Sanctioned Country, or (iii) otherwise blocked, subject to sanctions under or engaged in any activity in violation of other U.S. economic sanctions; and (c) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are in violation of (i) any applicable anti-money laundering laws, including those contained in the Bank Secrecy Act; (ii) any applicable economic sanctions laws administered by OFAC of the U.S. Department of State; or (iii) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal.

Miscellaneous. You acknowledge that these Terms of Use, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, constitute the entire agreement between you and us and govern your use of the Services. If any provision of the Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of the Terms of Use will remain in force. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You may not assign the Terms of Use or the rights hereunder without our prior written consent. We may assign the Terms of Use and delegate certain responsibilities, obligations, and duties under or in connection with the Terms of Use in our sole discretion.

Use of Information

You agree to treat all information obtained from the Service, including Crelookup Materials, listings, member directory, historical transaction information (“Property Comps”), and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to Crelookup. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of Crelookup. Crelookup does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence.

Email addresses that a Member uploads to Marketing Tools are for Member’s use only; Crelookup agrees not to use a Member’s Marketing Tools contact list.

You shall limit access to, viewing of, and use of active property listings and broker directory information 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. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the Crelookup Service as part of any effort to compete with Crelookup, including without limitation using the Crelookup 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 Crelookup customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Crelookup Service. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy Crelookup products, services or information; decompile, decode or reverse engineer Crelookup software; or use Crelookup products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.

Passwords/Logins

Members 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. Crelookup is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of these binding Terms and Conditions that relate to confidentiality of account, login or password information.

Unsolicited Commercial Email (Spam)

Crelookup prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Contact Listing Broker, Send to Friend service, Pro Tools, or other email services that Crelookup offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Pro Tools, you agree to send email only to those who have given You consent or with whom You have an established business relationship. Crelookup has the right to revoke the privileges of any party who breaches these terms.

Termination

Crelookup reserves the right to terminate or suspend a Customer’s account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of Crelookup services, nonpayment of fees owed by you in connection with Crelookup or its affiliates’ services, account inactivity or technical or security issues. Upon termination, Crelookup shall have no obligation to maintain or forward any content in your account.

Limitation of Liability and Indemnification

IN NO EVENT SHALL CRELOOKUP BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF CRELOOKUP’ SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and Crelookup’ entire liability under these Terms and Conditions shall be a refund of the fees paid to Crelookup hereunder, and in no event will Crelookup’ liability for any reason exceed such fee. Crelookup (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 Crelookup (and Crelookup’ 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 Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

Warranty Disclaimers

THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND CRELOOKUP MARKET TREND REPORTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CRELOOKUP MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR CRELOOKUP MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND CRELOOKUP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. CRELOOKUP MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO CRELOOKUP’ SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM CRELOOKUP’ WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND CRELOOKUP MARKET TREND REPORTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CRELOOKUP OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

Brokers and Agents

Any Customer who identifies himself or herself as a broker or agent on the Crelookup website member registration form or otherwise purports to be a broker on Crelookup’. Find a Broker service hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. Crelookup does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the Crelookup website.

Waiver and Severability

The failure of Crelookup to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, you agree that the remaining terms and provisions remain in full force and effect.

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 Member Services at Crelookup.

Entire Agreement

Except as provided herein, 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.