BREVITAS TERMS OF USE

Welcome to the Terms of Use (“Service Terms”) applicable to Brevitas.co websites located at http://www.Brevit.as and http://www.brevitas.com (“Websites”). In addition to the Websites, these Service Terms are also applicable to all Brevitas.co tools, applications (including mobile applications), and other services. Collectively, we call all these Websites, tools, and applications “Services.” Please read this document carefully as it is a legally binding agreement between you and your heirs and representatives (collectively, “you”), and Brevitas.com (“we,” “our,” or “us”).

These Terms of Use and the Brevitas Privacy Policy were updated January 31, 2017. Use of our services confirms acceptance of these terms.
Before you can access any specific information about any of the properties or users on Brevitas, you will have to be registered and accepted by Brevitas.

  • You are entering into a secure and private site
  • This site does not constitute a client – broker relationship
  • Brevitas has no fiduciary duty to our users
  • Brevitas is a marketing platform that demands full registration and verification before accessing any of the confidential information on the site.

In addition to the above terms, registered users also agree to the Brevitas Terms of Use and Privacy Policy (https://brevitas.com/privacy-policy), which are found below.

1. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE

A. Copyright/Trademarks All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by Brevitas or are licensed by Brevitas for use on the Websites. The trademarks, logos and service marks (“Marks”) displayed on our sites are the property of Brevitas and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Brevitas or such third party which may own the Marks. All information and content including any software programs available on or through the Website (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Our site features Mapbox found at Mapbox.com, please review their privacy policy, legal notices and terms of use. Portions of this page are modifications based on work created and shared by Mapbox and used according to terms described in their legal instructions.

Brevitas has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Brevitas reserves the right to remove any Content on the Website which allegedly infringes another person’s copyright. Notices to Brevitas regarding any alleged copyright infringement on the Site should be directed to Brevitas at: mailto:contact@brevitas.com

B. Data – The Data on Brevitas is provided by third party users. We do not take any responsibility for the validity of the data on the site, nor do we guarantee the accuracy of that data. Although we go through a user verification process with our users, you are completely responsible to perform your own due diligence on the users and the properties you interact with.

C. Other Intellectual Property Brevitas also owns other trade secrets and know-how that contribute to the full distribution of our Services.

D. License Granted and Use of the Site – The Brevitas services are available only for the designated users attached to your account. No use of the site from anyone but the registered user is allowed. We grant full permissions on who can access the site. This is determined in the set up of new accounts.

E. Webscraping of Listing & Property Data Is Not Allowed – No data, listing or user information is allowed in web search, web scraping, or web crawling. None of our data can be downloaded or copied with the intent of inclusion on any other real estate search site or web site in general. Content aggregators or use of the information or data found on Brevitas are fully prohibited without prior written consent from Brevitas. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any Violation of terms of service will result in posting of your name and company in our Brevitas Blacklist.

F. Restrictions Except as clearly directed on the Brevitas Services, you are prohibited from any modification, reproduction, redistribution, or misuse of any of the services or their components. Following any unauthorized use of the site, its content or data, we may revoke your permission to access and use any of the Brevitas sites. If you violate the Terms of Use, your permission to access and use the Sites is automatically revoked.

G. Reservation of Rights Except for the limited license granted in our user interactions, Brevitas reserves all of its intellectual property rights in the Sites.
H. Information Aggregation Brevitas is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to Brevitas from third parties or persons or entities submitting data to our site.

2. ACCEPTING THE SERVICE TERMS AND CHANGES TO THE SERVICE TERMS

By Searching within Brevitas or using the Services, you are agreeing to these Service Terms and entering into a legally binding agreement with us. If you do not agree to the Service Terms, you may not use the Services or create an account.
As our business grows and improves, we may from time to time change these Service Terms and will post a revised copy on this page. We encourage you to check regularly for any updates. We will notify our users of a change in user terms via the email provided on their account. If you continue to use our site after this email alert, you are then accepting the new and changed user terms.

3. ELIGIBILITY AND REGISTRATION

You must be at least 18 years old to use the Services. You may choose to create an account and provide certain information, including a valid email address and a password. If you want to participate in a “Request for more information” or contact any potential sellers on Brevitas, you will have to fully register with us. This includes but is not limited to; company email, company name, your name, title, company position, DOB, phone number. You agree to provide accurate and truthful information and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify us if there has been any unauthorized use of your information. You may not share your password with third parties, unaffiliated or related.
By providing your information, you consent to us contacting you about your interest in the Services by e-mail, phone, or through any other contact information you have chosen to provide. You may opt out of marketing by following the instructions in our Privacy policy (https://brevitas.com/privacy-policy)

4. SERVICE RULES

There are a number of rules you must follow to use the Brevitas Services. You agree not to use the Services in any way fits the following that:

  • Violates the Service Terms found on this page;
  • Allows you to scrape, monitor, or copy any part of the Services in any automated way. You cannot use any robot, scraper, or any other method of access other than manually accessing the privately-available portions of the Services and our site;
  • Creates any derivative works from the Services or copies any of our intellectual property;
  • Directly competes with our business or impacts our revenue;
  • Impairs our computer systems and/or transmits software viruses, worms, or other harmful files meant to damage our systems.
  • Interferes with any other party’s or user’s use and enjoyment of the Services; This includes but is not limited to falsifying information, disrupting the business activities of other members, providing fraudulent information to other members.
  • Attempts to gain unauthorized access to the Services, or the site;
  • Attempts to steal confidential information from any of the users found on the site are fully prohibited. Information found within the site is deemed property of that particular user and Brevitas.
  • Uses any part of the Site or the services in unsolicited mailings or spam material;
  • Attempts to steal user information and confidential information found on the site is a direct violation of these user terms; attempts to circumvent or exploit any information found on Brevitas is punishable by law, and will be fully investigated.
  • Violates any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary right;
  • Property information found on is fully confidential, it cannot be expressed, distributed, or released in any manner.
  • Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames others, or is otherwise objectionable; solicits personal information, or submits or transmits pornography; or
  • Violates any laws.
  • Attempts to directly Circumvent us or any of our users with any property or active “seller” on our site is a direct violation
  • Make unauthorized contact or future soliciting of any members or users on Brevitas.

5. YOUR CONTENT AND SUBMISSIONS

You are solely responsible for all content and interactions that you post or otherwise submit to in the Services. Unless we indicate otherwise, you grant us a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully subject to sublicensed right to use, reproduce, modify, adapt, publish, translate, create derivative works from, privately distribute, copy, and display such content throughout the Brevitas.co platform and its associated sites.

You represent and warrant that you own or are clearly permitted to the content you submit and that it will not violate the Service Terms or cause injury to any other person or entity. We take no responsibility and assume no liability for any material, content, opinion, recommendation, or advice submitted by you or any third party. We have no obligation to post any content you provide, and reserve the right to post our own versions of that content (including, but not limited to, photos of properties or property descriptions) instead of yours in our sole discretion.

You assign us the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the Service Terms, scraped, copied, or distributed content from the Services that has been provided to us by you and for which you have not granted such third parties a separate license to use.
(Your information will be limited in exposure to only members you have deemed appropriate. When submitting interest in any subject property or “listing” your information will then be published only to the “sellers” account. Your information will stay private and confidential to any other users. )

6. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.

We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are highly encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.

You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to the properties available. Some of the available content, services, and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services, or information. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to or from the Services.

7. LIMITATION OF LIABILITY FOR THE USE OF THE WEBSITE

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

8. LIMITATION OF LIABILITY FOR TRANSACTIONS ARRANGED THROUGH THE SITE

YOU AGREE THAT BREVITAS IS A MERE ADVERTISER FOR THE COMMERCIAL REAL ESTATE PROPERTY TRANSACTIONS THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO COMMERCIAL REAL ESTATE PROPERTY TRANSACTIONS. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE COMMERCIAL REAL STATE TRANSACTIONS OFFERED THROUGH THE WEBSITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL TRANSACTING PARTIES. BREVITAS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE COMMERCIAL REAL ESTATE PROPERTY TRANSACTION THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH TRANSACTIONG PARTIES AND YOU HEREBY EXONERATE BREVITAS FROM ANY LIABILITY WITH RESPECT TO THE SAME.

9. INDEMNITY

You agree to indemnify, defend, and hold us ,our subsidiaries, and affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iii) the content you submit to the Services; or (iv) your breach of the Service Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. GENERAL TERMS

A. Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.

B. Notices and Electronic Communications. We may provide you with notices, including those regarding changes to the Service Terms by email, regular mail, or communications through the Services. When you use the Services, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.

C. United States Export & Foreign Assets Control Regulations. We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so of their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.

D. Miscellaneous. You acknowledge that these Service Terms, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, constitute the entire agreement between you and us and govern your use of the Services. If any provision of the Service Terms is found invalid or unenforceable, then that provision will be enforced to the maximum extent permissible by law, and the other provisions of the Service Terms will remain in force. Our failure to exercise or enforce any right or provision of the Service Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You may not assign the Service Terms or the rights hereunder without our prior written consent. We may assign the Service Terms and delegate certain responsibilities, obligations, and duties under or in connection with the Service Terms in our sole discretion.

E. Changes to Service Terms
Brevitas reserves the right to revise these Service Terms at any time and users are deemed to be apprised of and bound by any changes to these Service Terms. Brevitas will indicate that changes to these Service Terms have been made by updating the date indicated after “Last Modified” at the end of these Service Terms.