Last Updated: October 10, 2023

WEBSITE TERMS OF USE

LEGAL INFORMATION & NOTICES

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the CRE Advisors, LLC DBA Outbound Legal (“Outbound” or “Company”) and its affiliates or subsidiaries’ website located at https://www.outboundlegal.com and all associated sites linked to https://www.outboundlegal.com by CRE Advisors, LLC its affiliates or subsidiaries. The Site is the property of CRE Advisors, LLC BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SITE.

Outbound reserves the right, in is sole and absolute discretion, to change, modify, add or remove portions or sections of these Terms of Use, any time. It is your responsibility to check these Terms of Use periodically for changes and updates. Your continued use of the Site following the posting of changes will mean and indicate that you accept and agree to the changes. As long as you comply with these Terms of Use and any future updates, changes or amendments, Outbound grants you a personal, non-exclusive, non-transferrable, limited privilege to enter and utilize the Site.

Content and Intellectual Property Rights

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, artwork, designs, testimonials, product and service descriptions, computer code, intellectual property rights (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site, is owned, controlled or licensed by or to Outbound, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition in the United States and other jurisdictions.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “Mirroring”) to any other computer, server, web site, or another medium for publication or distribution or for any other commercial enterprise, without the express prior written consent of Outbound.

You may use the information on Outbound products and services (such as articles, datasheets, knowledge based articles and similar materials) purposely made available by Outbound for downloading by its users/customers provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modification to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep link”, “page-scrape”, “robot”, “spider”, or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce, or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means purposely made available through the Site by Outbound. Outbound reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Outbound server or a server used by Outbound, or to any services offered on or though the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Site, or any other customer of Outbound, including any Outbound account or customer/purchaser/user/vendor relationship not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided by the Site.

You agree that you will not use any device, software, or routing to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person or entity’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Outbound on or through the Site, or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual entity or person.

You may not use the Site or any Content for any purpose that is unlawful in any and every jurisdiction, or is prohibited by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes on the rights of Outbound or others.

By using the Site, you represent and warrant that you are of sufficient legal age (at least 18 years of age) to access the site, establish a user account with Outbound, and purchase products and services from Outbound and its third party legal professionals.

Purchases of Outbound Services; Other Terms and Conditions

Additional specific terms and conditions may apply to purchases of subscriptions, services, products and other items from Outbound and to specific portions or features of the Site, including promotional and marketing campaigns, new product and service offerings, or other similar items or features, all of which are made a part of these Terms of Use by reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use, purchase or participate in such products, services or features.  If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site o for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Outbound’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, ordered, purchased/paid for, fulfilled/delivered, and nothing on this Site should be construed to alter such agreements.

Outbound may make changes to any of its products and services offered on the Site, or to the applicable prices for any subscription plans for products and services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Outbound makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and are incorporated herein by reference:

·      Privacy Policy

·      Cookie Policy

·      Legal Contacts

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Privacy

Outbound’s Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Outbound’s Privacy Policy, see our main page. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Links to Other Sites and to the Outbound Site

This Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our customers and visitors. Such Linked Sites are not under Outbound’s control, and Outbound is not responsible for and does not endorse the content of such Linked Sites, including any information or materials on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

OUTBOUND DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, PRODUCT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OUTBOUND CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAND FROM THE SITE WILL BE FREE FROM VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. OUTBOUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. OUTBOUND DISCLAIMS ANY AND ALL LIABILITY FO RTHE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OUTBOUND SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OUTBOUND FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or in transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Outbound reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routing maintenance, error correction, or other changes for any reason.

Limitation of Liability

Except where prohibited by law, in no event will Outbound be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Outbound has been advised of the possibility of such damages.

If notwithstanding the other provisions of these Terms of Use, Outbound is found to be liable to you for any damage or loss which arises out of or is in any way connected to your use of the Site or any Content, Outbound’s liability shall in no event the greater of (1) the total amount of any subscription or similar fees with respect to any service, product or feature of or on the Site paid in the six (6) months prior to the date of the initial claim made against Outbound (but not including the purchase the purchase price for any additional software products or similar support service and programs, if any that are offered by Outbound, or (2) US $1000.00. Some jurisdictions do not allow limitations of liability, so the foregoing may not apply to you in your state.

Indemnity

You agree to indemnify and hold Outbound, its officers, directors, employees, agents, shareholders, successors in interest, subsidiaries, and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against Outbound  by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Outbound may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Outbound’s rights or property, or the rights of visitors to or users of the Site, including Outbound’s customers. Outbound reserves the right at all times to disclose any information that Outbound deems necessary to comply with applicable law, regulations, legal process, or governmental request. Outbound may disclose your information when Outbound determines that applicable law requires or permits such disclosure, including exchanging information with other companies, organizations and law enforcement authorities for fraud protection purposes.

You acknowledge and agree that Outbound may preserve any transmittal or communication by you with Outbound through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if Outbound determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protects the rights, property or personal safety of Outbound, its employees, users of or visitors to the Site and the public.

You agree that Outbound may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Outbound, for which monetary damages would be inadequate, and you consent to Outbound obtaining any injunctive or equitable relief that Outbound deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Outbound may have available at law or in equity. You agree that Outbound may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is no limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Outbound does need to take any legal action against you as a result of your violation of these Terms of Use, Outbound will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Outbound. You agree that Outbound will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law

You agree that all matters relating to your access and use of the Outbound Site, including all disputes, will be governed by and construed in accordance with the laws of the State of New Jersey, applicable to agreements made and to be entirely performed within the State of New Jersey, without regard to its conflict of law principles.

Dispute Reservation.

A. Informal Negotiations.

To expedite resolution, control costs and avoid the hazards of litigation in connection with any disagreement or dispute, the Parties each agree to first attempt to negotiate, resolve and settle any dispute (“Dispute”) informally for at least five (5) business days, before initiating arbitration as set forth below. Such informal negotiations commence upon written notice from one Party to the other Party by certified mail return receipt, delivery by a nationally recognized courier service requiring a signature by the recipient, or an email with read receipt notification.

B. Binding Arbitration

If the Parties are unable to resolve a Dispute through the informal and direct negotiations as stated above, the Parties agree to resolve the Dispute exclusively through binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes. The Arbitration shall be held in Monmouth County, New Jersey and may be conducted in person, via video meeting, via phone, online, and through submission of documents. The arbitrator shall make a decision in writing, but need not provide a sateme3nt of reasons for the decision unless specifically requested by either Party. The arbitrator must follow applicable law of New Jersey, and any award may be challenged if the arbitrator fails to do so.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public, group of users or customers of Outbound, or any other persons.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU MIGHT HAVE THE RIGHT TO BRING SUIT IN A COURT OF COMPETENT JURISDICTION AND REQUEST A JURY TRIAL.

Void Where Prohibited

Outbound administers and operates the Site from its location in the United States. Although the Outbound Site may be accessible worldwide, not all features, products, products and services discussed, presented, referenced, provided or offered through or on the Site are available to all persons in al geographic locations, or appropriate or available for use outside of the United States and certain countries. Outbound reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, service to any entity or person, or geographic area. Any offer for any product, service or feature outside the United States and certain foreign countries is void where prohibited by laws and regulations to those locations. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product, service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States intellectual property laws, export laws and regulations, and any and all other applicable federal or state laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.  These Terms of Use constitute the entire agreement between you and Outbound with regard to your use of the Site, and any and all other written or oral agreements, understandings, and representations existing between you and Outbound with respect to such use are hereby superseded and cancelled. Other than as provided in a further subscription agreement, purchase order or signed proposal agreement or contract, you enter into with Outbound, Outbound will not accept any counter-offers or modifications to these Terms of Use, and all such offers, proposals and modifications are hereby rejected and declined by Outbound. Outbound’s failure to insist on or enforce strict and specific performance of these Terms of Use shall not be construed as a waiver by Outbound of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Outbound and you or any other party deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies to any third parties.

Outbound provides access to its website, data, products and services and may control and change references or cross-references to Outbound’s products and services, that are available to our users and customers from time to time. Outbound may discontinue or change its products and services offered in its sole discretion at any time and as may be required by applicable laws and regulations.

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