Terms of Service - CRE Members

By accessing the website at https://cremembers.com/ and/or using any of our services, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

1. Definitions

The following terms shall have the following meaning:
“Us”, “CRE Members”: CRE Members, LLC, the company behind the CRE Members brand.
“You”, “the User”: person or customer using CRE Members provided services and/or having an account allowing access to our Services.
“Application”: mobile application created through CRE Members and made available to the public for download from a third-party platform.
“Author”: any person drafting or publishing on the Internet, more specifically on the Application.
“End user”: person who uses one or more applications created using the CRE Members services.
“Website”: Internet Web site enabling the publishing of content and the drafting of commentaries by end users.
“User Credentials”: username and password used by the User together or separately to identify oneself and access the Services.
“Order”: online subscription of our Service(s).
“Mobile platform provider”: This refers to Apple and Google via their app stores, the Apple App Store and the Google Play Store.
“User Material”: any content uploaded or provided by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials.

2. Account Terms

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, telephone number, a valid email address, and any other information requested in order to complete the signup process.
4. Your account may only be used by one person – a single login shared by multiple people is not permitted.
5. You are responsible for maintaining the security of your account and password. CRE Members, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account.
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
8. Your application must include a privacy policy for your end user’s information. If no privacy policy is supplied, we reserve the right to supply one for you or terminate your account at our sole discretion.
9. Violation of any of these agreements may result in the termination of your Account. While CRE Members, LLC prohibits such conduct and Content on the Service, you understand and agree that CRE Members, LLC cannot be responsible for all the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

3. Payments & Refunds

3.1 Payment Method: To make a payment, a valid credit card is required.

3.2 Refunds: While you may cancel your subscription at any time. Find out more details about the refund policy and how it applies to each product we sell. Read more about our Refund Policy.

3.3 Application Approval: CRE Members will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance.

3.4 Subscription Billing Start Date: Your initial subscription billing will start on the date your application is approved by one appropriate mobile platform provider. Your card will then be charged on the same day of every month that follows, until you cancel your account.

3.5 Automatic Subscription Renewal: To ensure uninterrupted service, CRE Members will automatically bill you for your subscription on each renewal period thereafter until cancellation.

3.6 Up to Date, Payment Details: To avoid any interruption in the service, the User shall maintain up to date credit card details in their account dashboard, accessible at https://www.CRE Members.com/my-account/.

3.7 Billing Questions: For any billing related questions, please contact CRE Members via support@CRE Members.com.

4. Cancellation, Termination and Service Suspension

4.1 Cancellation: You may cancel your subscription at any time by sending an email to support@CRE Members.com from the same email used in your CRE Members account. Your request will be processed and subscription will be cancelled within generally up to 7 days.

4.2 Termination & Suspension: Failure to comply with any of our Terms and/or failure to pay a due fee or renew your subscription shall entitle CRE Members to immediately suspend your account, including service to your application and provision of services to you, including paid services.

4.3 Service Re-activation: One cancelled, your subscription cannot be re-activated. You will need to make a new purchase if you would like to launch a mobile application.

5. Changes to our Services and Pricing

CRE Members reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to provided Services, are subject to change upon a 30 days notice from us. Such notice may be provided at any time by posting the changes to our website (CRE Members.com).
CRE Members shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a Service.
The CRE Members App uses Google’s Firebase service to send push notifications. This service is provided by Google for free. While we believe this is unlikely, if Google were to turn this into a paid service, we may need to find alternatives or provide a paid solution, which may involve additional costs to you.

6. Copyright & Ownership

You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of CRE Members, Inc. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our Products, Support, or Documentation.

When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded and provided remain yours.

7. General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Support is only provided via our Help Desk. Currently, we do not provide support via any other channel (including, but not limited to email, Twitter, Facebook or over the phone).

By submitting materials (e.g. your logo, brand guidelines etc..) to CRE Members for inclusion on your app, you grant CRE Members a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content and materials solely for the purpose of displaying, distributing and promoting your app. Without limiting any of those representations or warranties, CRE Members has the right (though not the obligation) to, in CRE Members’s sole discretion (i) refuse or remove any app that, in CRE Members’s reasonable opinion, violates any CRE Members policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CRE Members’s sole discretion. CRE Members will have no obligation to provide a refund of any amounts previously paid.

You understand that CRE Members uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other CRE Members service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CRE Members.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CRE Members customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
CRE Members does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that CRE Members shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CRE Members has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of CRE Members to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CRE Members and govern your use of the Service, superseding any prior agreements between you and CRE Members (including, but not limited to, any prior versions of the Terms of Service).

8. CRE Members App Mandatory Guidelines

We want to make CRE Members the best option for the Commercial Real Estate community, eLearning and membership plarforms. We need your help to ensure CRE Members remains a reputable and trusted service that provides value to all end users, partners and CRE professionals. We therefore request that the following guidelines and covenants be respected at all times:

You shall not create unauthorized copies of any of the material on the CRE Members App;
You shall not create any content that may defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not use content using confidential information;
You shall not create any content using the CRE Members App to display violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, videos or other content;
You shall not create any content containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions;
You shall not use the CRE Members App to do anything unlawful, misleading, malicious, or discriminatory and you shall not use our service for any illegal or unauthorized purpose;
You agree to comply with all laws, rules and regulations (federal, state, local and provincial or applicable regulations);
You shall create content that is useful and distinctive for the end user and you shall therefore refrain from creating content that is simply a mere copy of someone else’s work;
You will not use CRE Members to flood the web with low quality content, videos, images or any other poor conent that does not bring any value to an audience.

9. Limitation of Liability

IN NO EVENT SHALL CRE MEMBERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CRE Members SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

10. Limitation of Damages

To the maximum extent permitted by law, User agrees to limit CRE Members’s liability for the User’s damages to the sum of $1,000.00 USD or the amount that the User has paid to CRE Members during the last 12-month period, whichever is lower. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.

11. Indemnity

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CRE Members, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SERVICE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICE.

12. Disclaimer of Warranties

CRE Members, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE USE OF THE SERVICES PROVIDED IS AT YOUR OWN RISK AND THAT CRE Members PROVIDES THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. CRE Members DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. WE EXCLUDE ANY WARRANTIES TO ANY REJECTION, FOR ANY REASON WHATSOEVER, OF THE MOBILE APPLICATIONS BY ANY ONLINE MOBILE APPLICATION STORE, MARKETPLACE OR THE LIKE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. CRE Members DOES NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DOES CRE Members GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
CRE Members MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. CRE Members DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CRE Members WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

13. General Provisions

13.1 Governing Law & Venue: You agree that the Service shall be deemed solely based in the United States. This Agreement shall be governed by the internal substantive laws of the United States, without respect to its conflict of laws principles. Any claim or dispute between you and CRE Members, LLC that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the United States. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the termination of any or all of your transactions with CRE Members, LLC.

13.2 Entire Agreement: If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use, together with the Privacy Policy and any other legal notices published by CRE Members on the Service, constitute the entire agreement between you and CRE Members and governs your use of the Service, superseding any prior agreements between you and CRE Members.

13.3 Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.

13.4 Amendment: CRE Members reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

13.5 No waiver: CRE Members’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

13.6 No Third-Party Beneficiary Rights: Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

13.7 NO CLASS ACTIONS: With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

13.8 Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

13.9 Amicable Resolution: Before filing any claim against us, you agree to solve the dispute amicably by first emailing support@CRE Members.com. If we cannot resolve the dispute informally via email, phone or other methods, within sixty (60) days of receipt of your first email, you or CRE Members may then bring a formal proceeding.

Last updated on Nevember 12, 2020