PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Investing In Communities(“IIC”) requires that all visitors (“you”) to its site, Investing In Communities and its other sites (collectively, the “Sites”), agree to all of the terms and conditions in this User Agreement (“UA”). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, “we,” “our,” and “us” means IIC unless otherwise indicated.
Who is Investing In Communities?
IIC is a not-for-profit corporation. We at IIC aim to help generate funding for charities by empowering individuals or companies wishing to use a broker to represent their interest in a real estate transaction (RE Consumer) to choose the charity they wish to receive funding via real estate broker referral fees when they use IIC to select their broker. An IIC Transaction is one that involves IIC enablement of consumers to raise funds for their charity via their brokered real estate transaction. The Sites provide you with access to an online collection of information, materials and services related to IIC and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, “Content”), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites (“Software”), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.
Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.
Our Proprietary Materials.
We welcome you to our Sites and we invite you to use it within the following rules:
1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA.
2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of IIC.
3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of IIC.
4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form.
The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content, Software and materials on and underlying the Sites are copyright (c) 2017 Investing In Communities or are licensed or otherwise used by IIC with permission. Except where noted otherwise, all rights to these materials are reserved by IIC or their respective owners. “iiconline.org”, the Investing In Communities logo, “Every Teacher a Grant-Writer, Every Citizen a Philanthropist”, and “Teachers Ask. You Choose. Students Learn.” are trademarks and service marks of Investing In Communities, which reserves all rights to its marks and logos. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.
All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although IIC cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. IIC retains the right to restrict use of the Sites, in any manner it deems appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IIC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IIC MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability.
IN NO EVENT SHALL IIC, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY “IIC AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE IIC AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.
YOU UNDERSTAND AND AGREE THAT IIC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT IIC AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY IIC OR AN AUTHORIZED IIC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
IIC neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.
Third Party Websites.
The Sites may provide links to other websites (“Linked Sites”) as a convenience to you. Such Linked Sites are not maintained by IIC, thus IIC is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by IIC of the Linked Sites.
Third Party Websites Seeking to Hyperlink to the Sites.
We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and IIC. If this is not the case, please do not link to any Site. IIC reserves the right to rescind the right to link to its Sites at its sole discretion.
Use of any IIC trademark, service mark or other intellectual property or content provided by IIC for a hyperlink to a Site is permitted and licensed by IIC solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by IIC, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by IIC.
Making Donations through IIC.
IIC is a non-profit marketplace that brings Real Estate Consumers together with Real Estate Brokers in order to provide funding to charities selected by the consumer. Here, 80% of each referral fee received by IIC goes to the charity chosen by the Real Estate Consumer.
Special Provisions Real Estate Consumers
Thank you for your interest in directing funding to your favorite charity by using IIC to get real estate brokers through IIC. By using IIC to find a broker and generate funding for a charity organization , the following additional terms of the UA apply.
Real Estate Consumer Representations
By requesting a broker referral , you promise that:
1. You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
2. All information you provide to IIC is accurate, and you will update the information to keep it accurate; and
3. You have full rights to any ideas, descriptions, materials, and photos you submit to IIC, and that you (and not IIC) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by IIC will not infringe on any rights of any third party.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon being accepted as an IIC Member) for access to Member-restricted portions of the Sites, and shall not share your ID and password with other persons, unless such other is your authorized colleague. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of IIC.
In addition to the rights of IIC described elsewhere in this UA, you agree that , the materials that IIC may send you regarding each of your IIC Transactions are solely for your non-commercial use and may not be distributed, displayed or copied in any way, other than to primarily raise visibility of and for IIC. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause IIC and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that IIC may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.
Services Provided by IIC
IIC reserves the right to exclude any user from the Sites, in IIC’s sole discretion. Disclaimers
If, for some reason, your real estate transaction does not generate a commission for the broker, then no referral fee or funding will be generated for charity. If you sign an agreement with a broker and are not satisfied with that broker, you are still subject to the terms of the agreement you signed with that broker until that agreement expires. (IIC will always provide additional referrals upon request.)
Special Provisions for Charity Organizations
Thank you for your interest in being considered as an eligible IIC charity organization. By clicking the “Submit” button during the charity application process, the following additional terms of the UA apply to those users who sign up as a Charity (“Charities”):
By submitting a proposal, you promise that:
1. You are a registered 501(c)3 tax-exempt nonprofit corporation;
2. The mission of your organization falls within one or more of our 6 focus areas, which should be broadly construed ; all information you provide to IIC is accurate, and you will promptly update the information to keep it accurate;
Language to use/avoid when referring to IIC, the IIC fundraising model, and the funding your organization receives through IIC. To protect and improve the effectiveness of IIC there are certain misunderstandings that we wish to avoid, we strongly encourage the familiarization and adherence to the following talking points:
The IIC model does not depend on finding brokers that are generous or charitable; it simply depends on consumers using IIC to leverage a very competitive real estate brokerage marketplace to identify brokers to choose among, and/or a broker whom may already be known, but with whom no written agreement for brokerage services has yet been entered into; to become related, as client, to a broker that will represent them in an upcoming real estate transaction.
IIC is a platform that promotes a new and better way to be a consumer in a real estate transaction. IIC is not platform for the promotion of brokers.
There is no preset or pre-approved list of brokers affiliated with IIC; we use publicly available information to find qualified brokers and give the consumer the power to choose their broker and their favorite charity.
IIC can be used for real estate transactions anywhere in North America to benefit charities anywhere in North America. However, we believe that the Northwest Territories of Canada is not suitable for IIC’s operation.
Using IIC has no effect on real estate consumers’ cost, either to buy or sell a property or to lease commercial space. The broker simply pays part of their commission as a referral fee to IIC. Therefore the consumer’s decision to use IIC should be considered socially conscious and enlightened, rather than the participating broker being consider generous or charitable.
INSERT LANGUAGE FROM mp about cross-links and social media.
From time to time, IIC or a third party on IIC’s behalf may send you emails regarding important information regarding your use of the Sites. Even if the electronic communication system that sends such emails to your account contains an “opt-out” feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.
Rights You Grant to IIC
While you retain ownership in the works you submit to IIC (except for the photographs you take, as discussed below), as to all information or materials created by you and communicated or submitted to IIC through the Sites and all materials (except for the photographs) which you send to IIC, you hereby grant to IIC a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sublicensable license to use the submission, and portions thereof, in furtherance of IIC’s purposes and activities and to promote IIC and its programs, in any medium, and IIC may copy, publish, display, create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for IIC’s purposes, whether or not your organization receives funding.
IIC reserves the right to exclude any taxable or tax-exempt entity from use of the Sites, in IIC’s sole discretion.
Your Responsibilities Should You Receive Funding:
Taxable and tax-exempt users of IIC will allow and cross link their respective sites with IIC’s.
Taxable and tax-exempt users of IIC will allow and promote on their respective platforms/social media c content about their respective IIC Transaction.
You may terminate this UA by destroying all materials obtained from the Sites, cancelling your account, as applicable, and stopping all use of the Sites. IIC may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.
This UA is governed by the laws of the State of Illinois, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA will be brought exclusively in the federal or State courts located in Chicago, Illinois. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Resolution of Disputes
THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and IIC. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Chicago, Illinois, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or IIC may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Chicago, Illinois, as may be necessary to protect the rights or property of you or IIC pending the completion of arbitration.
You agree to indemnify and hold IIC and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to IIC.
If you have any questions about the Sites or this UA, you may contact us via e-mail at email@example.com. We are always glad to hear your questions and comments.
This UA and other policies and notices IIC may post on the Sites constitute the entire agreement between IIC and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between IIC and you regarding such matters, including prior versions of this UA. IIC may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by IIC, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.