Terms of Use

Updated April 30th, 2018

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. By accessing or using this website, mobile application, or other product or service (collectively the “Platform”) of Lighthouse Commercial Real Estate, LLC (“Lighthouse”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law.  You are authorized to use the Application only if you agree to abide by all applicable laws, rules, and regulations (“Applicable Law”) and this Agreement.  Lighthouse may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use.  If you do not agree to these Terms of Use, do not use this Platform.  By using the platform, you have accepted the terms of this agreement.

USER GENERATED CONTENT

The Services consist of interactive features and area that allow users to create, post, transmit, and/or store users and users’ contact’s names, addresses, phone numbers, emails, or other materials (collectively, “User Generated Content”).  You understand that your User Generated Content may be used for marketing purposes and for making real estate agent recommendations.  You agree that you are solely responsible for your User Generated Content and any claims arising therefrom, and that Lighthouse is not responsible or liable for any User Generated Content or claims arising therefrom.  While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.

You retain all ownership rights in your User Generated Content.  However, your User Generated Content is not confidential or proprietary.  By submitting User Content to Lighthouse, you hereby grant us irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, public, create derivative works from, distribute, perform, promote, exhibit, and display such User Generated Content in any and all media or distribution methods, now known or later developed.  No use of User Generated Content shall entitle you to any compensation from Lighthouse, or any other companies, organizations, or individuals.

USER CONDUCT

You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. You agree that you will not take any action or post anything that may expose Lighthouse or its users to any harm or liability of any type.  Do not post User Generated Content, or a link to a website, that, in Lighthouse’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. You agree that you will not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.

The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” Do not use automated scripts to collect information from, or otherwise interact with, the Platform.

You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You agree not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant Lighthouse all of the license rights granted in these Terms of Use.

Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.

INTELLECTUAL PROPERTY

All intellectual property on the Platform (except for User Generated Content) is owned by Lighthouse or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Lighthouse name and the logo) are owned, registered and/or licensed by Lighthouse. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Lighthouse; All rights reserved.

PLATFORM USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Platform.  You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content without Lighthouse’s prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

CONTENT IS NOT PRESCREENED

Lighthouse does not prescreen User Generated Content. Lighthouse does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Lighthouse is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event Lighthouse chooses to monitor any User Generated Content, Lighthouse assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Lighthouse reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

PRIVACY

The Lighthouse Privacy Policy is incorporated into these Terms.  By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services in accordance wit the Privacy Policy.

SAFEGUARD YOUR USERNAME AND PASSWORD

You are responsible for any actions that take place while using your Lighthouse account. Keep your username and password secure and do not allow anyone else to use your username and password to access the Platform. Lighthouse is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.

ELIGIBILITY AND REGISTRATION

To become a member of the Lighthouse Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

LINKS

The Platform may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). Lighthouse does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Lighthouse is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

FEEDBACK

You agree that any feedback, suggestions, ideas, or other information or materials regarding Lighthouse that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Lighthouse.  We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you.  You waive any rights you may have to the Feedback (including any copyrights or moral rights).

MOBILE SERVICES

The Platform contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or devices. By using Lighthouse’s mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. Lighthouse is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Lighthouse is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

Lighthouse is not responsible or liable for any User Generated Content or other content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided “AS IS” and without warranties of any kind. Lighthouse makes no guarantees or warranties related to the performance in any nature of real estate agents that are recommended via the Platform. To the fullest extent permitted by law, Lighthouse disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, non-infringement, sales price, time on market, or any other cases, as they may be, that relate to the purchase or sale of any type of real estate or thing of value. Lighthouse cannot guarantee and does not promise any specific results from use of the Platform. Lighthouse does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Lighthouse does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. Lighthouse reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Lighthouse, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

LIMITATION OF LIABILITY

LIGHTHOUSE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST DATA THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM, EVEN IF LIGHTHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST LIGHTHOUSE FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF LIGHTHOUSE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, LIGHTHOUSE’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO ACCESS THE PLATFORM.

DISPUTE RESOLUTION

You agree that this Platform shall be deemed a passive website solely based in Wisconsin, USA, which does not give rise to personal jurisdiction over Lighthouse in jurisdictions other than Wisconsin. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and Lighthouse shall be governed in all respects by Wisconsin law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Dane County, Wisconsin. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Dane County, Wisconsin. Any cause of action or claim you may have with respect to the Platform must be commenced within one (1) year after the claim or cause of action arises.

MISCELLANEOUS

By using the Platform, you agree to receive certain electronic communications from Lighthouse. You agree that any notice, agreement, disclosure or other communication that Lighthouse sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Lighthouse’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Lighthouse may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION

Lighthouse reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Lighthouse also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

REAL ESTATE AFFILIATIONS

Lighthouse is a State of Wisconsin licensed real estate brokerage. Lighthouse provides real estate brokerage services to Clients on a case by case basis. All brokerage relationships are strictly governed by the terms of the agency agreements between Lighthouse and the principals involved as Clients of Lighthouse. Lighthouse also provides Broker Matchmaking Services (“Matchmaking Services”) whereby Lighthouse helps customers of Lighthouse select other commercial real estate agents and brokers for the customers real estate needs. In such cases, Lighthouse receives referral fees from real estate these real estate brokerage companies for sharing your contact information. These real estate brokerage companies do not pay to advertise on the Lighthouse platform and they cannot pay Lighthouse to increase their likelihood of being recommended by Lighthouse. Lighthouse makes real estate broker recommendations based on Lighthouse’s own proprietary decision-making formula. This algorithm includes both objective and subjective data, and is modified from time to time.