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GENERAL PROVISIONS
Commercial Property Digest, LLC has the right to refuse service to any Advertiser that does not abide by the terms and conditions herein, or abuses their rights related to the service.
Submission of Property Ads
Advertiser agrees not to submit any Property Ads containing descriptions, photographs, financial, contact or other information to CP Digest unless the Advertiser has received all necessary rights and authorizations, including any copyright owner’s approvals to publish and advertise the Property on the on CPDigest .com. Please Note Advertisers must not submit a photograph if Advertiser acquired said photograph from any source under the terms of an agreement, license or understanding that does not permit posting of said photograph on the CP Digest website. Commercial Property Digest, LLC will have the right to remove any Property Ad that violates these provisions or has been alleged to have violated these provisions until such time as the Advertiser has provided proof that there has been no such violation. The Advertiser further understands the following: 1. Once the Property Ad has been submitted and it is online it is considered by many to be in the Public Domain, although this may not be the case the Advertiser should regard it as such in considering their submittal of the property information. 2. Commercial Property Digest, LLC shall have the right to determine how best to display the Property Ad on the website provided Advertiser has the right to approve the ad prior to having it appear on the CP Digest website and in CPDigest "Direct Mail". 3. The Advertiser represents and warrants that all Property Ads submitted by the Advertiser will be accurate. 4. If Advertiser is a licensed real estate broker or agent the posting of a property on the CP Digest website must be in accord with any state or local law or policy related to such advertising. 5. Advertiser agrees to maintain the accuracy of their Property Ad at all times. 6. Commercial Property Digest, LLC reserves the right to remove a Property Ad posted on the CP Digest website or is to be included in the CPDigest "Direct Mail" that is not consistent with generally accepted norms of commercial advertising including those that may contain offensive language or references, discriminate on the basis of sex, race, religion or sexual orientation. 7. Commercial Property Digest, LLC is not responsible for checking the accuracy of the Property Ads submitted by the Advertiser. The Advertiser further understands and agrees that: (a) The Property Ad submitted will remain on the CPDigest.com website unless Advertiser fails to update and/or renew the ad on a monthly basis (b) The Advertiser will attach a PDF brochure for the Property to augment the information in the Property Ad. (c) The Advertiser will provide a clear description of the property and its features and benefits as is reasonable given the allotted area.
Use of Information by Advertiser/Visitor
Advertiser/Visitor understands that Commercial Property Digest, LLC does not ensure the accuracy of, endorse or recommend any properties or services and Advertiser/Visitor uses such information at its own risk. Because Commercial Property Digest, LLC ( CPDigest ) merely serves as a repository of information, user-submitted content does not represent the advice, views, opinions or beliefs of ( CPDigest ), and ( CPDigest ) makes no claim of accuracy of any user-submitted material. ( CPDigest ) allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under the control of ( CPDigest), and ( CPDigest )is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on ( CPDigest ) does not imply any endorsement by or any affiliation with ( CPDigest ). In accessing ( CPDigest ) or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate.
CP Digest Property Ads and any and all information residing in the CP Digest website ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY CP DIGEST, INTERESTED PARTIES SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Advertiser/Visitor shall only use any information obtained from the CP Digest website or publication for personal use not for general distribution or publication.
Payment Terms
Advertiser agrees to pay for the right to place their company Property Ads on the CP Digest website and the consequent inclusion of their Commercial property ads in CPDigest "Direct Mail" using the payment method indicated in any communication with Commercial Property Digest personnel. Generally and until further notice invoicing for the right to place all company property ads or ads by other businesses on the CP Digest website and "Direct Mail" for a 3 month period will approximately 1/2 of the amount due prior to the first Direct Mail with the balance due 30 days later. The balance due invoicing will be based on evidence provided by Commercial Property Digest, LLC that the first "CPDigest "Direct Mail" promotional email has been sent during the past month. Advertiser authorizes Commercial Property Digest, LLC to charge the stated fees to Advertiser's payment provider should this alternative method of payment be employed. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Advertiser. If any pre-payment terms agreed to are not current, Commercial Property Digest, LLC may immediately cease to provide any and all services to the Advertiser. The fees paid by the Advertiser for the ability to place property ads on the CP Digest website and their consequent inclusion in the CPDigest "Direct Mail" (if appropriate) are non-refundable. Please see Refund Policy.
Refund Policy
Inclusion of the Advertisers commercial properties or links to a business Special Offer in the monthly promotional CPDigest "Direct Mail" emails sent to an intial 14,000 + Metro Denver business contacts area and/or access to the CP Digest website online submittal process during the subject period constitute a sale. If a current ad for any commercial property or business Special Offer should fail to appear in the links to the inventory of properties, included in the CPDigest "Direct Mail" emails sent by Commercial Property Digest during the subject period, a credit will be issued for your company's fee for services for this period.
Ownership Rights
Commercial Property Digest, LLC retains all rights, title and interest in the CP Digest Web site.
Limitation of Liability and Indemnification
IN NO EVENT SHALL COMMERCIAL PROPERTY DIGEST, LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Advertiser's exclusive remedy, and Commercial Property Digest, LLC’s entire liability under this Agreement shall be a refund to Advertiser of the fees paid to Commercial Property Digest, LLC hereunder for access to the CP Digest Advertisers section for no more than 6 months and in no event will its liability for any reason exceed such fee. Commercial Property Digest, LLC (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Advertiser's or Visitors use of the Commercial Property Digest LLC’s website and Advertiser shall indemnify Commercial Property Digest, LLC (and its officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Advertiser arising from Advertiser/Visitor’s use or application of the Services.
Warranty Disclaimers
THE PROPERTY ADS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMMERCIAL PROPERTY DIGEST, LLC MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PROPERTY ADS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMMERCIAL PROPERTY DIGEST, LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Links to Third Party Sites
Once again this web site may contain links to web sites operated by parties other than Commercial Property Digest, LLC which are beyond its control. Commercial Property Digest, LLC does not warrant the offerings or advice of any of these businesses or individuals or the content of their web sites and different terms of use and privacy statements may apply. Commercial Property Digest, LLC also does not assume, and expressly disclaims, all liability for use of these sites and for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Disputes
Commercial Property Digest, LLC shall have no obligation to resolve disputes among any of the parties accessing and using CP Digest.
Changes to “Terms of Use”
Commercial Property Digest, LLC reserves the right to modify or change the “Terms of Use” at any time. The most current copy of these will available for review on the CP Digest web site, located at http://www.CPDigest.com.
Copyright Concerns
It is the desire of Commercial Property Digest, LLC to address copyright concerns as quickly as possible. If you feel something provided by one of our advertisers infringes on your copyrighted information please notify us at the address below and via email at Support@CPDigest.com. Please include in your notification a complete description of the copyrighted material that concerns you and where we can find it in the website or publication. Please provide us with your full contact information and a written and signed document that you own the copyright or are acting as an agent for the copyright owner. Commercial Property Digest, LLC is registered under the Digital Millennium Copyright Act and the designated Agent to receive Notification of Claimed Infringement is:
Kirk Holliman, Manager
Commercial Property Digest, LLC,
1797 Sunset Ridge
Highlands Ranch, CO 80126
303-791-9332, kirk@CPDigest.com
Governing Law
This Agreement, and the services provided by Commercial Property Digest, LLC shall be governed by the laws of the State of Colorado, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the City and County of Denver, Colorado for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.
Notices:
All notices to Commercial Property Digest, LLC must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to CP Digest.
By submitting a property, Advertiser further acknowledges the following by clicking the "I agree" button.
They have read and understand the Terms of Use.
- They have authorization to submit this property and all information and images associated with it.
- They will provide accurate information.
- The Property Ad will be included in the CPDigest Direct Mail (email) sent to tMetro Denver business contacts.
- As part of the submittal they will attach a PDF brochure that can be accessed off their property ad.
- They will provide as clear a description of the property and its features, as is possible, in the appropriate submittal area.
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the Advertisers and Commercial Property Digest, LLC.
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