You have elected to register for use of the RealCapitalMarkets.com, LLC ("RCM") service (the "Service"). The Service is provided to registered users ("You") under these Terms and Conditions of Use ("Agreement").
By completing the registration process and clicking on the "I Accept" button on the registration form, You agree to be legally bound by all of the terms and conditions of this Agreement, including any modifications to this Agreement. If You do not agree with any of the terms and conditions set forth in this Agreement, do not click on the "I Accept" button on the Registration form.
Subject to RCM´s acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, RCM will provide You with the following service (the "Basic Service") at no charge:
(a) RCM will establish one (1) account in Your name on the RCM servers (the "Account");
(b) RCM will allow You to retrieve data files from invited property Accounts, as determined by RCM or our contracting clients.
In Your use of the Service, you are responsible for providing the following: (1) all equipment, such as a computer and modem, necessary to access the World Wide Web; (2) Your own access to the World Wide Web; and (3) payment of all telephone or other fees associated with such access.
You are solely responsible for the content of all data You retrieve from, Your Account and the Public Folders and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will:
(a) not use the Service for any illegal purposes;
(b) not use the Service to store, retrieve, transmit or view any file, data, image or program ("Content") that contains:
(1) any false, misleading, fraudulent or illegal pictures, materials or information;
(2) any harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
(3) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
(4) any code or material that violates the intellectual property rights of others; or
(5) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features;
(c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service;
(d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service;
(e) neither transfer nor cause to be transferred data in excess of Your Transfer Rate;
(f) comply with all regulations, policies and procedures of networks through which You access and use the Service;
(g) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account; and
(h) not attempt to gain unauthorized access to any servers controlled by RCM or decompile, reverse engineer or disassemble any software used in connection with RCM.
In the event that You desire or attempt to store more than Your Allocated Storage Quota on RCM´s servers, RCM reserves the right, but shall have no obligation, to offer and, upon Your acceptance, provide to You optional additional storage services as part of the Service (the "Additional Storage Service").
In the event that You desire or attempt to transfer more than Your Transfer Rate through RCM´s servers, RCM reserves the right, but shall have no obligation, to offer and, upon Your acceptance, provide to You a higher Transfer Rate as part of the Service (the "Additional Bandwidth Service").
RCM reserves the right to charge You fees for such Additional Services. Furthermore, as consideration for each Additional Service, You will register for each Additional Service and provide to RCM such additional Registration Information as RCM may request. Any Additional Service will be provided by RCM subject to RCM´s acceptance of Your registration for that Additional Service and Your acceptance of RCM´s additional terms and conditions of use for each Additional Service.
After You accept this Agreement and Your registration has been accepted by RCM, You will receive a password (the "Password") and Your Account will be established. You are entirely responsible for any and all activities that occur under Your Account and Password, whether or not such use was authorized by You. You will notify RCM of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.
RCM will endeavor to restrict access to the data and files You store or retrieve from Your Account to persons accessing such data and files through use of Your Account or Password. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, You hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files You store in Your Account. Further, You hereby acknowledge that any third party may access, view, copy, modify and distribute the data and files You store in any public folder on the RCM servers.
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on RCM´s servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. By uploading any Content, You represent and warrant that You have the lawful right to reproduce and distribute such Content.
RCM does not review, inspect, edit or monitor any Content stored by You or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. RCM will respond to complaints of copyright violations according to its Copyright Policy.
RCM reserves the right to refuse, remove or disable access to any data or files stored on RCM´s servers that RCM learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable, although it has no obligation to do so.
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. RCM, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. RCM MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
IN NO EVENT SHALL RCM OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
RCM will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of RCM.
You will defend, indemnify and hold RCM, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys´ fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any violation of this Agreement by You.
Either you or RCM may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 13 below. Further, if RCM believes, in its sole and absolute discretion, that You have violated Your obligations under this Agreement or materially exceeded the level of data storage and/or transfer services that RCM has agreed to provide, RCM may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy data and files stored by You on RCM´s servers and/or terminate this Agreement. RCM may, but is not obligated to, provide You with a warning and a time in which to cure prior to suspending the account. RCM will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify RCM of such termination. Upon any termination of this Agreement, You will cease use of the Service and immediately remove all of Your stored data files from the RCM servers. RCM may, but has no obligation to, destroy any of Your stored data files that are not removed from RCM´s servers within five (5)-days after termination by You. Paragraphs 7, 8, 9, 10, 11, 12, 13 and 15 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.
Any notice under this Agreement given by RCM to You will be deemed to be properly given if sent by e-mail to Your e-mail address as set forth in the Registration Information. Any notice under this Agreement given by You to RCM will be deemed to be properly given if received by e-mail sent to RCM´s Customer Service at or by written communication delivered by first class postage prepaid U.S. mail to RCM at 5780 Fleet Street, Suite 130, Carlsbad, CA 92008 or by calling (760) 602-5080. Both RCM and You may from time to time change its address for notices under this paragraph by giving the other party notice of the change in accordance with this paragraph.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
The terms and conditions of this Agreement may be changed by RCM from time to time. Upon any such change, RCM will notify You of such change in accordance with paragraph 13 above and post an updated version of this Agreement on the RCM Web site located at http://www.realcapitalmarkets.com or http://www.RCM1.com . Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions.
Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. RCM´s failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of California, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in San Diego County, California, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.
RCM provides online services for the storage of data files and other content provided by third parties, RCM does not tolerate infringing material on its site or servers, and may remove content that appears to infringe any copyright or other intellectual property rights, as well as terminate the online account of any individual or entity who posts infringing material.
If you believe that your copyright in any material has been infringed by a RCM account holder, please notify RealCapitalMarkets.com, LLC's Agent for Notice of claims of copyright infringement, Stephen Alter who can be reached at. 5780 Fleet Street, Suite 130, Carlsbad, CA 92008.
Your notice must include the following information:
1. Identify the copyrighted work that you claim has been
2. Identify the material on the RCM site or servers that you claim is infringing, with enough detail so that we may locate it on the site;
3. Provide your address, telephone number, and e-mail address;
4. Provide a statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
5. Provide your physical or electronic signature.
We will then evaluate your Notice and take such action as is appropriate under the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.
Please note that RCM will terminate the account of any account holder about whom RCM receives repeated complaints of copyright infringement.
If you have any questions about this Copyright Policy, please contact RealCapitalMarkets.com, LLC at
RealCapitalMarkets.com, LLC provides business services exclusively for its real estate broker, agent and principal members.
RCM has no agency relationship, expressed or implied, with any buyer or seller. All transactions between broker , agent or principal members of RCM and their clients are solely the business and responsibility of the respective parties.
RCM does not participate in any fee arrangement with the buyers and sellers and makes no representations as to the accuracy of any information provided by the brokers, agents and principals and the probability of success or failure of any property auctioned through RCM.
Anyone using RCM, or any of its programs and services does so at his/her own risk. Anyone using RCM's products or services agree to hold RCM harmless of any risk and liability arising from their use.
RCM makes no warranties and takes no responsibility for the condition of any property or asset presented for sale or auction by members of RCM products and services. All parties agree to indemnify and hold RCM harmless for any loss experienced in the use of its programs and services.
RCM does not guarantee that it will be aware of or prevent any inappropriate use of the system. Further, it does not guarantee that sellers or buyers will complete the sale or purchase of a property. Individual buyers and sellers accept the risk that a sale may not close.
RCM is not responsible for errors in the system or for its failure to operate the system properly. All parties use RCM at their own risk. As used in this section, "RCM" includes RCM's Online Real Estate Marketing and Transaction System, and all related products and services operated through this Web site.