Terms Of Use - A Full Service Commercial Real Estate Brokerage Firm

Last Updated: September 5, 2018

Acceptance of Terms and Amendments

These terms are entered into by and between you and Nye Commercial Advisors,(“we, or “us”). The following terms and conditions, together with any documents they incorporate by reference (collectively, these “Terms”), govern your access to and use of NyeComerialAdvisors.com, including any content, functionality and services offered on or through NyeComerialAdvisors.com (the “Services”). In addition, if you are using a particular Service, you will be subject to any rules or guidelines applicable to such Service, and they will be incorporated by reference within these Terms.

Please read the Terms carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If we decide to change these Terms, we will update the Terms of Use modification date at the top of this page.

Nye Commercial Advisors’ Services

The Services are provided on an “AS IS” basis. You agree that Nye Commercial Advisors reserves the right to modify or discontinue provision of the Services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, Nye Commercial Advisors will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information or improper delivery of information.

Your Responsibilities and Registration Obligations

In order to use the Services, you may be required to register for a user account with the Services; in this case, you agree to provide truthful information when requested, and – if a minimum age is required for eligibility for a user account – you undertake that you are at least the required age. By registering for a user account, you explicitly agree to the Services’ Terms, including any amendments made by the Nye Commercial Advisors that are published herein.

Privacy Policy

Nye Commercial Advisors, INC operates the Nye Commercial Advisors website, which provides the SERVICE.

This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the Website NyeCommercial.com.

If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect are used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at Website URL, unless otherwise defined in this Privacy Policy.

Information Collection and Use

For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.

Log Data

We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

Cookies

Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.

Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

To facilitate our Service;
To provide the Service on our behalf;
To perform Service-related services; or
To assist us in analyzing how our Service is used.

We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites

Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

Our Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

Changes to This Privacy Policy and Contact Us

We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page. If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.

Registration and Password

You are responsible for maintaining the confidentiality of your password and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your user account, user name or password.

Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that the Services may expose you to content that may be objectionable or offensive. Nye Commercial Advisors will not be responsible to you in any way for content displayed on the Services, nor for any error or omission.

Prohibited Uses

By using the Services, you explicitly agree that you will not:

a) provide any content or conduct yourself in any way that may be construed as: unlawful, illegal, threatening, harmful, abusive, harassing, stalking, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to interfere with or disrupt the operation of the Services provided, infected with a virus or other destructive or deleterious programming routine, giving rise to civil or criminal liability, or in violation of an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity;
(c) forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(d) collect or harvest any information about other users;
(e) provide, and you will not use the Services to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized advertising or commerce;
(f) use the Services to promote or operate any service or content without our prior written consent;
(g) provide any content that may give rise to Nye Commercial Advisors being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including – but not limited to – laws relating to copyrights, trademarks, patents or trade secrets.

Submission of Content to the Services

By providing any content to the Services:

(a) you grant Nye Commercial Advisors a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral and other rights that may be necessary to grant Nye Commercial Advisors the license specified in this section 9;
(c) you acknowledge and agree that Nye Commercial Advisors will have the right (but not obligation), at Nye Commercial Advisors’ sole discretion, to refuse to publish, to remove or to block access to any content you provide, at any time and for any reason, with or without notice; and
(d) you acknowledge that all such content will be considered non-confidential.

Third-Party Services

Goods and services of third parties may be advertised and/or may be made available on or through the Services. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Nye Commercial Advisors will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

Indemnification

You agree to indemnify and hold harmless Nye Commercial Advisors and Nye Commercial Advisors’ representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with the Services, your provision of content, your violation of these Terms, or any other violation by you of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU “AS IS”, AND NYE COMMERCIAL ADVISORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NYE COMMERCIAL ADVISORS MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER NYE COMMERCIAL ADVISORS NOR ANY PARTICIPANT IN THE SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THE SERVICES MAY BE USED SOLELY AT YOUR OWN RISK AND THAT NYE COMMERCIAL ADVISORS WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

LIMITATION OF LIABILITY

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NYE COMMERCIAL ADVISORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NYE COMMERCIAL ADVISORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

Claims Of Copyright Infringement

Nye Commercial Advisors takes claims of copyright infringement seriously. It is Nye Commercial Advisors’ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of Nye Commercial Advisors and/or others. Nye Commercial Advisors will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials stored on or accessible through the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by submitting written notification to the Company’s Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
A description of where the material you believe to be infringing is located;
Your address, telephone number and, if available, e-mail address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

The Company’s designated Copyright Agent to receive DMCA Notices is:

Nye Commercial Advisors Copyright Agent
4875 Bruce B. Downs Blvd.
Wesley Chapel, Florida 33544
Phone: 813-973-0214

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity accessible on or through the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that we may have in respect of the Services. The use of our rights and property requires our prior written consent. By making services available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Services without prior written consent.

Applicable Law

All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). By registering for a user account with the Services or otherwise using the Services, you accept that jurisdiction is granted to the courts having jurisdiction over the State of Florida, and that any disputes will be heard by the said courts.

Miscellaneous Information

(i) In the event that any provision of these Terms is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of the Services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Nye Commercial Advisors may assign its rights and obligations under these Terms; in this event, Nye Commercial Advisors will be relieved of any further obligation.

Contact Us

If you have any questions about the Services or our Privacy Policy, please Nye Commercial Advisors through our “Contact” page or by phone at 1-813-9730214 and fax: 1-813-973-1188.

You may also reach us by mail at:

Nye Commercial Advisors
4875 Bruce B. Downs Blvd.
Wesley Chapel, Florida 33544
Phone: 813-973-0214

Attn: Operations Director or Marketing Director