CREyield Terms of Use ("Terms of Use")
Welcome to the CREyield Site (the “Site”). These Terms of Use govern your use of the Site and its contents. The terms “CREyield,” “we,” “us” and “our” refer to CRE Yield, Inc.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.  This Terms of Use is an legally binding agreement and incorporates by reference the terms of our Privacy Policy. The words “you,” “your” and “user” as used herein refer to all individuals and/or entities accessing or using the Site for any reason.  BY ACCESSING AND USING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS TERMS OF USE AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OUR PRIVACY POLICY, OR ANY POSTED GUIDELINES OR RULES, DO NOT USE THIS SITE.

We reserve the right, in our discretion, to change or modify this Terms of Use from time to time and at any time by posting such new terms on the Site.  All such changes to this Terms of Use will be effective immediately upon posting and the date of the most recent revisions will appear at the bottom of this page, so check back often.  Your use of the Site will constitute your binding acceptance of this Agreement, as amended from time to time.  The Site is maintained for your convenient access to information about CREyield, events, demo requests, news and updates as well as industry links.  IF AT ANY TIME THESE TERMS OF USE ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.

Children’s Privacy

This Site is not directed at children who are under 18 years of age. It is CREyield’s policy to require that individuals requesting information on this Site be 18 years of age or older.  Should we receive Personal Information from a person who we know is under 18, we will automatically delete such information from our database. The information will not be used for any purpose.

Non-Commercial Use

This Site and its contents are for your own personal non-commercial use only.

CREyield Privacy Statement

Your use of this Site signifies your continuing consent to the CREyield Privacy Policy, which you can examine any time by clicking on the “Privacy” link on the Site.  Personal information that you supply to CREyield, and any information about your use of the Site that we obtain, will be subject to the Privacy Policy.

Changes to the Site

We may discontinue or change any CREyield content, service, function or feature at any time with or without notice.

Proper Use of This Site

You may use CREyield for lawful non-commercial purposes only and may use the Site only in ways consistent with the law.  You may not use any program, spider or “bot” to gather or “harvest” information from this Site other than for search engine ranking purposes.

Proprietary Rights

CREyield and its suppliers reserve all rights under intellectual property law in CREyield and in any content that is on the Site.  Except as CREyield may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from CREyield or its suppliers on the Site without our express prior written consent.

All content, names, likenesses, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material (collectively, the “Content”) used on or incorporated into this Site, and the arrangement or integration of all such Content, are either registered trademarks, trademarks, trade names, service marks or otherwise protected property of CREyield, or licensed to CREyield and all rights thereto are specifically reserved.  Except as otherwise expressly provided herein, Content on the Site may not be used, copied or imitated without CREyield’s prior written consent in each instance. You agree to comply with and keep intact and any copyright notices, trademark notices, information, or restrictions contained in any Content available on or accessed through the Site.  Permission is granted to electronically copy and print hard copies of pages from this Site solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content.

If you have any question as to whether CREyield owns certain Content contained on this Site, do not download or copy it without first contacting CREyield (e.g., content that appears to have been uploaded by a third party should not be copied or downloaded by you).  You may not copy, use, download, modify, frame, publish, download, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, post, republish, broadcast, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law.  You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, CREyield or on the Site.  Except as expressly authorized, the use of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.

This Site may contain typographical errors or inaccuracies and may not be complete or current.  CREyield therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

CREyield specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct:  the deletion or alteration of any Content posted on this Site by CREyield or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on this Site infrastructure; and using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations.  You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site.

Changes to the Terms of Use

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

Electronic Delivery Statement and Your Consent

You agree that we may provide to you notices and other information concerning CREyield or this Site electronically, including notice to any email address that you may provide.

Content That You Supply

If you provide to us any content, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

No Duty to Monitor

You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

Third Party Sites and Advertisers

CREyield may include on its Site links to third party web sites.  You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that CREyield is not responsible for any claim or loss due to a third party site or any advertiser.

Disclaimer of Warranties

You agree that your use and browsing of the Site is at your own risk.  If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site.  CREYIELD DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES CREYIELD WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT AND INFORMATION ON THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.”  NEITHER CREYIELD, NOR THIRD PARTY CONTENT PROVIDERS AND CREYIELD’S AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE ARE ASSUMED SOLELY BY YOU.  Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, CREyield’s liability is limited to the greatest extent permitted by law.

Limitation of Liability

You may not assert claims for money damages arising from this Site or its contents.  We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

We make no representation that content on this Site is appropriate or available for use in locations outside the United States.  If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of Maryland, USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

Binding Arbitration

You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).  The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, CREyield will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and CREyield may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

In the event that a dispute or claim is not subject to arbitration, You further agree that any disputes or claims that you may have against us will be resolved by a court located in either Greenbelt, Maryland (for federal court) or Annapolis, Maryland (for circuit court), and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Severability and Integration

This Terms of Use is a contract and any supplemental terms, policies, rules and guidelines posted on this Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

 We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.

Last updated as of January 5, 2021
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