Terms of Use
Terms of Use
National Real Estate Investment Solutions, LLC a Tennessee limited liability company (“NREIS”), owns and operates the Web site located at the URL www.nationalreis.com, and portions of other Web pages and Web content through which you have accessed this Agreement of Terms of Use (collectively, “www.nationalreis.com”). By visiting, using and/or submitting information to www. nationalreis.com, you agree to be bound by the terms and conditions of this Agreement of Terms of Use (this “Agreement”) and NREIS’ Privacy Policy.
This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to www.nationalreis.com. You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, NREIS may monitor your access and use of www.nationalreis.com in accordance with NREIS’ Privacy Policy.
www.nationalreis.com is Not Intended for Minors
www.nationalreis.com is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. If NREIS receives a complaint which states that a user of www.nationalreis.com is under 13 years of age, NREIS will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
Your Access and Use of www.nationalreis.com
Your right to access and use www.nationalreis.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.nationalreis.com for lawful purposes and pursuant to the terms and conditions of this Agreement and NREIS’ Privacy Policy.
Your access and use of www.nationalreis.com may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of www.nationalreis.com or other actions that NREIS, in its sole discretion, may elect to take. NREIS reserves the right to suspend or discontinue the availability of www.nationalreis.com and/or any portion or feature of www.nationalreis.com at any time in its sole discretion and without prior notice.
Any action by you that, in NREIS’ sole discretion: (i) violates the terms and conditions of this Agreement and/or NREIS’ Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of www.nationalreis.com; or (iii) through the use of www.nationalreis.com, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use www.nationalreis.com. You shall not metatag, provide links to or frame www.nationalreis.com without the prior express written permission of NREIS.
Limitations on NREIS Liability
NREIS SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF WWW.NATIONALREIS.COM; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE WWW.NATIONALREIS.COM FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH WWW.NATIONALREIS.COM, OR OTHERWISE ARISING OUT OF THE USE OF WWW.NATIONALREIS.COM, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NREIS AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NREIS’ LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT NREIS SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO WWW.NATIONALREIS.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Governing Law; Arbitration
You agree that: (i) www.nationalreis.com shall be deemed solely based in the State of Tennessee; and (ii) www.nationalreis.com shall be deemed a passive Web site that does not give rise to personal jurisdiction over NREIS, either specific or general, in jurisdictions other than the State of Tennessee. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Tennessee, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING WWW.NATIONALREIS.COM YOU CONSENT TO THESE RESTRICTIONS.
You and NREIS shall select the arbitrator, and if you and NREIS are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and NREIS and your and NREIS’ respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or NREIS be entitled to punitive, special, indirect or consequential damages and both you and NREIS hereby waive your and NREIS’ respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and NREIS, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting of Tennessee.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. All covenants, agreements, representations and warranties made in this Agreement, as may be amended by NREIS from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
