Retail Lease Trac Terms of Use Agreement

Welcome to RLT, the leading retail tenant database for commercial real estate professionals operated by Retail Lease Trac Inc. By accessing the rltrac.com website, by any device, you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a paid and/or free trial user of rltrac.com. If you wish to become a user of rltrac.com please read this Terms of Use Agreement in full. If you do not wish to be bound to this Agreement, please do not use rltrac.com or its services. Please contact us at support@rltrac.com if you have any questions regarding this Agreement.

1. Acceptance of Terms of Use Agreement

Any reference to “Retail Lease Trac”, “RLT”, “rltrac.com”, “rltrac”, “our”, “us”, “we”, “Company”, “Service”, “Program” or “Website” directly means Retail Lease Trac Inc., its owners, employees and representatives. Any reference to “user”, “users”, “you” or “yours” means any person or business entity who uses rltrac.com in any way, including website visitors, database retailer contacts, free trial users and paid users. This Agreement may be amended by Retail Lease Trac, Inc. at anytime for whatever reason without notice. This Agreement will be updated on a continuous basis and it is the user’s responsibility to periodically review this document. If you do not agree with this Agreement do not access and/or use rltrac.com in any way.

2. Eligibility

You must be at least 18 years of age to access and use the service, including free trial and paid users. Any use of the Service is void where prohibited. By accessing and using the Website, you represent and warrant that the Service is not prohibited in the area in which you access it, and that you have the right, authority and capacity to enter into this Agreement and to abide completely to all terms and conditions of this Agreement. If you use the Service from outside of the United State of America, you are solely responsible for complying with the laws and regulations of the country/territory from which you access the Website. You and your business must reside in the United States of America or Canada to use the Service. If you are a competitor or provide similar services as RLT, you are prohibited from using the Website. Any use of the Website or access to the database by a competitor of Retail Lease Trac constitutes that competitor’s agreement to reimburse Retail Lease Trac for all damages, including loss of business, incurred by Retail Lease Trac as a result of such access or use.

3. Account Security

You are responsible for maintaining the confidentiality of the username and password provided to you during the registration process or anytime thereafter, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

4. Service Modifications

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any damages or consequences of such modification, suspension, or discontinuance. To protect the integrity of the Website and the Service, the Company reserves the right at any time in its sole discretion and without notice to block any user or any IP address from accessing the Website or Service.

5. Customer Service

The Company provides support through its support representatives. When you are communicating with our support representatives (on the phone, on Site’s live chat, in person, via email or letter), you agree to not be offensive, obscene, profane, abusive, threatening, harassing, or in any way behave inappropriately. Telephone calls between you and support representatives may be recorded for quality assurance purposes, and by calling or communicating with our representatives you agree that your call may be recorded. If we feel that your behavior towards any of our support representatives or other employees is at any time threatening or offensive then we may immediately terminate your subscription in our sole discretion.

6. Subscriptions

This Agreement will remain in full-force while you use the Website as a visitor and/or are a free or paid licensed User. Each account may be used only in a single office (IP restrictions can be applied to your account and its users), and up to 3 user licenses unless otherwise specified in written communication by a Retail Lease Trac representative. By using the Service you agree to not share your login credentials or access to your user account or its users in anyway with anyone outside of your office (unless otherwise specified in written communication by a Retail Lease Trac representative). We offer different Subscription plans (including trade show promotional plans) with or without certain limitations and conditions. We reserve the right to amend, terminate or modify any Subscription plans. Using the Service has certain restrictions. Please read all permitted and prohibited uses of the Service below. If you do not agree with the restrictions, exit the Website now and do use the Service. By continuing to use the Service and the Website, you agree to the following:

Permitted uses of the Service are as follows:

-run searches based on your vacant retail spaces criteria;
-create contact lists from search ran in the Database;
-export Database contact information for use only by your Users on your Account;
-send email broadcasts to your contact lists;
-use the site for noncommercial use;
-setting up your website SPF info or your own email SMTP settings;

Prohibited uses of the Service are as follows:

-accessing any part of the site your login credentials have given you access to do so;
-usage of the Service by a competitor to the Company or any person or entity which provides similar services;
-providing your login credentials to anyone via any communications including email or on publicly displayed web pages;
-export Database information for use by anyone outside of your Users under your Account;
-setting up anyones but your own website SPF info or anyones but your own email SMTP setting in your Account;
-using the Service and its Contents in commercial use such as reselling the Service;
-allowing anyone other than authorized Users on your Account to access, acquire or otherwise use your login credentials.

The Website may contain links to other websites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources or any damage to your equipment, loss of information or any other consequences, direct or indirect, of visiting such external websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource or correspondence or dealings with any third party.

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available on the Service, including emails, videos (including streaming videos), photographs, voice notes, recordings or other text, whether publicly posted or privately transmitted. You may not post on the Website or as part of the Service, or transmit to the Company or any Database contact (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, threatening, intimidating, harassing, rude, vulgar, derogatory, defamatory, insulting, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the Website or as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website or the Company. Notwithstanding the foregoing, the Company shall have no obligation or responsibility to monitor or remove any content posted by you or any third party. The Company shall bear no liability to you or to any third party as a result of any content posted by you or any third party. You agree to defend, indemnify and hold Company harmless from any and all claims arising from or in any way related to any content you post, including but not limited to any claim of infringement on the intellectual property rights of any third party.

7. Billing

Your paid Retail Lease Trac subscription does not automatically renew. The Company offers yearly Subscriptions. Some Subscriptions may have a multiple year billing cycle. The Company does not offer week-to-week or month-to-month pricing options. It is your responsibility to pay your Subscription. Your Subscription may have a discounted yearly promotional price associated with it. To keep your discounted price, avoiding full Subscription price, you must pay by the due date in your invoice from the Company. More information about your invoice or discounted price may be included on the invoice or email communications. The Company does not keep any personal information related to payment on file, for example credit card information. The preferred payment methods to the Company are check or credit card. If you choose to cancel please email us at support@rltrac.com or call our office at the telephone numbers on the Companies contact page. All payments are due in advance. Payments are nonrefundable and there are no refunds or credits for partial usage. The Company can change pricing for its Services at any time.

8. Indemnification

You agree to indemnify and hold the Company, its owners, subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement, including any breach of your representations and warranties contained herein, any postings or content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to fully cooperate with the Company in connection therewith.

9. Disclaimers

The information contained on Retail Lease Trac (the “Service”) is for general information purposes only. The Company assumes no responsibility for errors or omissions in the contents on the Service. In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service or any third party’s use of the Service. The Service reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice. The Service does not warrant that the Website is free of viruses or other harmful components. The Website may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company. Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites, or the safety of using them.

10. Copyright

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent at support@rltrac.com with the following information:

-an electronic or physical signature.
-description of the copyrighted work that you claim has been infringed.
-specific description of where the material that you claim is infringing is located on the Website.
-your address, telephone number and email address.
-a written statement by you that you have belief that the disputed use is not authorized by the copyright owner, agent, or the law, including the basis for such belief.
-statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Company will terminate the accounts of repeat infringers.

11. Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. 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 WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

12. Governing Law.

This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Georgia without regard to principles of conflicts of law.

13. Privacy Statement

We are committed to protecting your privacy. Authorized employees within the Company on a need to know basis only use any information collected from individual Users. We constantly review our systems and data to ensure the best possible Service to our Users. United States law has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting an/or taking civil proceedings to recover damages against those responsible.

14. Notice

The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message, live chats or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

15. Entire Agreement; Other.

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and the Company regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.