EFFECTIVE DATE: NOV 1, 2018
Thank you for your interest in The DisruptCRE Group, LLC (“DisruptCRE”). DisruptCRE currently operates one main website (www.disruptcre.com). We offer services on this site, including all of our local and national events (www.disruptcre.com/events) and the email publications prepared and delivered by us to our members. When we use the term “Site” or when we say “we,” “our”, or “us”, we mean collectively all of the DisruptCRE website and the services offered on or through the Site.
Please read these Terms of Service (“Terms”) carefully. They set forth legally binding terms that govern and restrict your use of the Site. YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITE SIGNIFIES THAT YOU AGREE TO THE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE AND/OR REGISTER WITH THE SITE.
By using the Site, you acknowledge that the Site is provided to you on an AS IS and AS AVAILABLE basis. The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Site, you should confirm any facts that are important to your decision. DisruptCRE makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Site.
CHANGES TO THE TERMS
We may change these Terms from time to time. If we make any material changes to the Terms, we will notify you by updating the “Effective Date” listed above. We may also send you an email notifying you of the changes and/or post a notice of the change on our homepage. By continuing to use the Site after we post any such changes, you accept these Terms as modified. We may change, restrict access to, suspend, or discontinue the Site, or any portion of the Site, at any time.
You must be at least 18 years of age to use the Site. If you are under the age of 18, please do not use the Site. DisruptCRE reserves the right to terminate any account and/or otherwise delete any information related to the user if we discover that the user is under the age of 18.
INTELLECTUAL PROPERTY OWNERSHIP
The Site contain copyrighted material, trademarks and other proprietary information, including comments, articles, information, data, text, software, photos, video and graphics (“Content”). This Content is subject to copyrights owned by DisruptCRE and other individuals or entities and is protected by United States and international copyright laws. To make a complaint about a copyright violation on the Site, please see Section 7, below.
Additionally, the names, trademarks, service marks, and logos of DisruptCRE belong exclusively to DisruptCRE and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of DisruptCRE or any third party.
USE OF DISRUPTCRE’S CONTENT
You may use the Site and the Content offered on the Site only for INTERNAL OR PERSONAL purposes. DisruptCRE authorizes you to view or download a single copy of the material on the Site solely for your internal or personal use so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Site or any portion of such Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate U.S. or international copyright, trademark, and/or other laws.
If you violate these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Any material you submit to DisruptCRE on or through the Site, whether text or images, becomes the property of DisruptCRE and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Please note, however, if the material that you submitted contains personally identifiable information, such as your name or email address, we will do our best to ensure that information is removed prior to re-using the material. By submitting communications on our through the Site, you agree that such submission is non-confidential and is not otherwise protected by any other law, including privacy, publicity, copyright or trademark law. Further, you understand that by submitting any material to DisruptCRE, you are granting to DisruptCRE, and to anyone authorized by DisruptCRE, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant DisruptCRE, and anyone authorized by DisruptCRE, the right to identify you as the author of any of your postings or submissions.
The material that appears on the Site is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Site, you should confirm any facts that are important to your decision. DisruptCRE and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site. DisruptCRE is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose Site we link.
In addition, the Site may contain links to third party webSite. We are not responsible for the availability of these external Site nor do we endorse the activities or services provided by these webSite. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external webSite.
COMMUNICATIONS FROM DISRUPTCRE
By using the Site, you consent to receiving electronic communications from DisruptCRE relating to your account. These communications may involve sending emails to any email address you provide to us, including notices about your account, your use of the Site, or transactional information. These communications are part of your relationship with DisruptCRE. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, you may opt-out of these communications by clicking the “Unsubscribe” link in the footer of any DisruptCRE email and following the instructions. Please note, unsubscribe requests sent by email are not valid. Requesting an unsubscribe by replying to a DisruptCRE email or through communication with a DisruptCRE employee is not considered a legitimate unsubscribe request.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
DisruptCRE complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on this site, please contact DisruptCRE’s designated copyright agent at:
718 Walt Whitman Road
Melville, NY 11747
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
A description of the copyrighted work claimed to have been infringed and multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
USES OF THE SITE
You may use the Site for lawful purposes only. By using the Site, you agree not to submit, post, or transmit any material or otherwise engage in any conduct that:
Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, misleading, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, gender identity, race, ethnicity, age, or disability;
Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site;
Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
Results in the posting or transmission of any message anonymously or under a false name;
Permits any person to access, using your account, any features of the Site that may require registration; or
Violates the Terms, any other policy posted on the Site, or otherwise interferes with the use of the Site by others (in our sole discretion).
You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) content and information contained on or obtained from or through the Site without express written permission from DisruptCRE and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Site; use any robot, spider, scraper or other automated means to access the Site; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; insert any code or product or manipulate the content of the Site in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with DisruptCRE or the Site, including any software viruses or any other computer code, files or programs.
Registration as a user or subscriber with the Site may require both a user name and a password, and certain portions of the Site may require use of passwords. You should consider your user name and password as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Site and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.
We may terminate or restrict your use of the Site, without notice, compensation, or liability, if you are, or we suspect that you are, in violation of these Terms or otherwise engaged in illegal or improper use of the Site.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SITE OR ANY MATERIAL AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE SITE, DISRUPTCRE, LLC, AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE, NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE Site WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE SITE, DISRUPTCRE, LLC, OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE SITE, DISRUPTCRE, LLC, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE SITE, DISRUPTCRE, LLC, AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISRUPTCRE, LLC, FOR THE USE OF THE SITE.
DISPUTE RESOLUTION AND CLASS ACTION WAIVER
In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the Site, other than disputes related to or involving DisruptCRE’s intellectual property, you and DisruptCRE mutually agree to the following dispute resolution procedure:
The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.
If the parties are unable to resolve the dispute through informal negotiation, you and DisruptCRE agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the New York, NY, area, unless the parties mutually agree in writing to an alternative location. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE Site, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, DisruptCRE will pay all filing, JAMS, and arbitrator’s fees and expenses.
ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.
CHOICE OF LAW
These Terms have been made in and shall be construed in accordance with the laws of the state of New York, without giving effect to any conflict of law principles.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
CHOICE OF FORUM
By using the Site, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in New York, NY.
You agree to indemnify, defend and hold harmless DisruptCRE, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
In the event that all or part of our assets or sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Site.
In the event that any portion of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Terms.
Refunds are issued in full for tickets within 24 hours of purchase. After 24 hours, refunds are offered in the form of credits, which expire after 365 days. To request a refund, email firstname.lastname@example.org.
GENERAL DATA PROTECTION REGULATION (GDPR)
GDPR allows for the use of direct marketing so long as an organization establishes and documents what is known as a “Lawful Basis” for its processing activities. All DisruptCRE emails include clear Opt Out instructions which are readily and clearly available, should a individual wish to stop receiving any DisruptCRE emails.
DisruptCRE’s “Lawful Basis” falls under what is known as “Legitimate Interest” whereby, under Recital 47 of GDPR, the processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.
In addition, DisruptCRE gains an additional Lawful Basis by receiving “Consent” through a user’s agreement to DisruptCRE’s Terms and Conditions when signing up to become a subscriber, by purchasing an event, or by entering into a sponsorship or advertising contract.
Separate from the direct marketing activities, DisruptCRE must provide a legitimate interest for processing employee data. This processing also falls under “Legitimate Interest” whereby processing is necessary for operational, administrative, HR and recruitment purposes and to otherwise manage employment relationship and interaction between employees.
Under GDPR, data subjects are afforded the right to access their data, correct their data, restrict the processing of their data and to request erasure of their data from DisruptCRE’s systems. All individual data is maintained until requested erasure. Data subjects may request their records or request to be deleted via the Settings page on their profile while logged in, or by emailing DisruptCRE’s Data Protection Officer at email@example.com.