Last Updated January 1, 2017
***IMPORTANT, PLEASE READ THESE ONLINE TERMS OF SERVICE CAREFULLY.
Crelow LLC, a Delaware limited liability company (“Crelow,” “we,” “our” or “us”), permits persons and companies (“Tenants”) that need rentable office space (“Office Space”), and Owners/Landlords who have available Office Space (“Landlords”), to use the Crelow website (the “Site”) to facilitate rental transactions (the “Service”). Crelow also allows brokers who represent Tenants (“Tenant Brokers”) on behalf of the Tenants they represent, and brokers who represent Landlords (“Landlord Brokers”), to access the Site on behalf of the owners they represent. Use of the Service is conditioned upon acceptance of these Terms of Service (“Terms of Service”).
These Terms of Service constitute a legal agreement between Crelow and the Tenant or Landlord. It also creates legal commitments by any Landlord Broker or Tenant Broker and by you, as an employee or representative authorized to act on behalf of a Tenant, Landlord, Landlord Broker or Tenant Broker (we refer to you as an “Authorized User,” “you” or “your”). The Tenant, Landlord, Landlord Broker or Tenant Broker is responsible for your acts and omissions as an Authorized User and for the acts of any individual using the username and password of Authorized Users.
If you desire to access and use the Service on behalf of a Tenant, Landlord, Landlord Broker and/or Tenant Broker, you will be required to agree to these Terms of Service on behalf of the Tenant, Landlord, Landlord Broker and/or Tenant Broker that you represent. By indicating your acceptance, you acknowledge that you have read, understand and agree to be bound by these Terms of Service. If you do not agree to be bound, you should not use the Service.
These Terms of Service include payment obligations of the Tenant and require both the Landlord and Tenant (including any Tenant Brokers and Landlord Brokers) to agree to a disclaimer of warranties, exclusive remedies and a disclaimer of liability, as well as indemnification by you, in Sections 11, 12, and 13. Please review those sections (and all other terms) carefully.
NOTE THAT , Crelow may change the Service or these Terms of Service at any time. We will attempt to notify you of any change in the Terms of Service and encourage you to review our Site and these Terms of Service regularly for any changes. Your continued use of the Service will be deemed acceptance of these changes.
The Service allows Tenants, and Tenant Brokers working on behalf of Tenants, to specify their Office Space needs, communicate those needs directly to the commercial real estate market as a whole, and gather non-binding bids (“Bids”) for Office Space from Landlords and Landlord Brokers. The Service allows Tenants and Tenant Brokers to remain anonymous during their search for Office Space until requesting a tour of a specific Office Space, if they so choose.
The Service also allows Landlords, and Landlord Brokers on behalf of a Landlord, to submit non-binding Bids in response to postings by Tenants and Tenant Brokers on the Crelow Deal Board. If a Tenant is using the Service directly without the assistance of a Tenant Broker, the Service allows Landlords and Landlord Brokers to offer the Tenant a “Crebate™ Tenant Cash Incentive” (“Crebate”). If a Tenant has enlisted the assistance of a Tenant Broker, instead of a Crebate, the Service allows Landlords and Landlord Brokers to counter-offer and/or affirm the commissions and/or fees requested by the Tenant Broker.
In the case of a Tenant, if you choose, you may use the Service without a Tenant Broker and avoid the payment of Tenant Broker commissions, but you will be obligated to pay 20% of any Crebate that you receive to Crelow as a usage fee to compensate Crelow for its provision of online information technology services. In the case of a Tenant Broker representing a specific Tenant, you may use the Service without charge and communicate, negotiate and collect customary commissions.
Tenants . If you are a User representing a Tenant and wish to use the Service, you must set up an Authorized User account by completing the registration process prior to submitting a Bid Request. As a User representing a Tenant, and by completing the registration process, you represent and warrant that you are authorized to bind the Tenant to these Terms of Service. As part of the registration process, you must provide Crelow with accurate information about yourself and the Tenant, including: (a) the company name of the Tenant on whose behalf you are seeking Office Space, (b) the preferred telephone number of the Tenant, and (c) your individual business email address. (*Gmail and other free email domains are allowed but discouraged). This information allows Crelow to confirm that the Tenant is a bona fide tenant in search of Office Space and that you represent the Tenant.
Landlord Brokers. If you are a User representing a Landlord or a Landlord Broker, you must set up an Authorized User account by completing the registration process prior to submitting a non-binding Bid to a Tenant. As a User representing a Landlord or Landlord Broker, you represent and warrant that you are authorized to bind the Landlord or Landlord Broker to these Terms of Service. As part of the registration process, you must provide Crelow with complete and accurate information about yourself and the Landlord or Landlord Broker, including: (a) the company name of the Landlord or Landlord Broker on whose behalf you are submitting Bids, (b) the preferred telephone number of the Landlord or Landlord Broker, (c) the name or Company name of the Landlord whose space is being included in a Bid, and (d) the business email address of the Landlord or Landlord Broker. This [PH1] information allows Crelow to confirm that the Landlord is a bona fide Landlord or Landlord Broker seeking to let Office Space.
Tenant Brokers. If you are a User representing a Tenant Broker, you must set up an Authorized User account by completing the registration process prior to submitting a Bid Request to the market and/or utilizing the Rep Matcher™ feature. As a User representing a Tenant Broker, you represent and warrant that you are authorized to bind the Tenant Broker to these Terms of Service. As part of the registration process, you must provide Crelow with complete and accurate information about yourself and the Tenant Broker, including: (a) the preferred telephone number of the Tenant Broker, (b) the preferred business email address of the Tenant Broker, (c) the company name of the Tenant on whose behalf you are submitting Bid Requests, if applicable, and (d) the name of the brokerage for whom the Tenant Broker provides professional services. This information allows Crelow to confirm that the Tenant Broker is a bona fide commercial real estate professional in search of Office Space for Tenant clients.
As a User representing a Tenant, a Landlord, a Landlord Broker or a Tenant Broker, you agree that all information supplied by you in establishing your account(s) is accurate and complete, that you will maintain and promptly update the information, and that you consent to the storage of the information about you and the entity you represent. If Crelow has reasonable grounds to suspect that your information is inaccurate or incomplete, Crelow may in its sole and exclusive discretion suspend or terminate your account(s), disable your password and refuse any and all current and future use of the Service, without prior notice.
When you have completed the registration process, you will be authorized to use the Service until termination. Each Authorized User is entirely responsible for maintaining the confidentiality of usernames and passwords. You agree to immediately notify Crelow of any known or suspected unauthorized use of your passwords, usernames or accounts or any other breach of security. To the maximum extent permitted by applicable law, Crelow will not be liable for any loss that you may incur as a result of someone else using your passwords, usernames or accounts, either with or without your knowledge, or for any inaccuracies or omissions in your data. However, you or the Landlord or Tenant you represent could be held liable for losses incurred by Crelow or a third party due to someone else’s use of your account, username or password.
As a Tenant, an Authorized User representing a Tenant, you acknowledge on behalf of the Tenant that the Tenant understands that:
As a Landlord, or Landlord Broker, you agree on behalf of the Landlord or the Landlord Broker that:
As a Tenant Broker, you acknowledge your understanding that:
If you have agreed to these Terms of Service and your rights have not been terminated, Crelow will provide you access to the Service. You agree to access and use the Service solely for the purposes of accessing Crelow’s applications, tools, interfaces, templates, designs, guidelines and other content and functionality incorporated into the Site (“Crelow Content”). You understand that your access rights are personal, nonexclusive and nontransferable, that your rights may be terminated by Crelow if you do not abide by these Terms of Service and that you may have liability to Crelow and/or third parties if you misuse the Service.
You acknowledge and agree, on behalf of the Tenant, Landlord, Landlord Broker or Tenant Broker that you represent, that leases are agreements (that Crelow is not a party to) between Tenants and Landlords and, to the greatest extent permitted by applicable law, on behalf of the entity you represent, you release all claims against Crelow for any loss arising out of any lease or other matters. Crelow makes no representation or warranty about Tenants, Tenant Brokers, Landlords, or Landlord Brokers whose information is made available through the Site, or about the Office Space displayed.
You are, or the Tenant, Tenant Broker, Landlord, or Landlord Broker you represent is, solely responsible for complying with all laws applicable to use of the Service. You agree that you shall not make any statements in connection with your use of the Service that are false or misleading. You are, or the Tenant, Tenant Broker, Landlord, or Landlord Broker you represent is, solely responsible for complying with all applicable terms and conditions imposed by third-party social networking services (including without limitation LinkedIn) used in connection with the Service.
If you believe someone has fraudulently taken actions under your account, you must notify Crelow immediately at firstname.lastname@example.org.
Crelow reserves all rights in the Service not explicitly granted in these Terms of Service. Without limiting the foregoing, unless expressly permitted, you agree not to:
When you opt in to and use Crelow’s SMS Text Message Service (the “SMS Service”), you assume the financial responsibilities of the mobile phone account through which the SMS Service is being accessed. By subscribing to the SMS Service you are consenting to receive SMS text messages on a recurring basis. Crelow is not responsible for individuals claiming they did not authorize the use of their mobile phone for the SMS Service.
Your mobile carrier's standard messaging and data rates may apply to text messages we send to you and text messages you send to us. Crelow does not charge you for receiving or sending text messages through the SMS Service. Crelow has no responsibility or liability in respect of any messaging fees, data charges or other charges charged by your mobile carrier for your use of the SMS Service or for any other loss or damage which may be caused by your use of the SMS Service.
Crelow is not liable for any delays or failures in the receipt of any text messages sent to or from you in connection with the SMS Service. Delivery depends on effective transmission by your mobile carrier. We provide the SMS Service on an "as is" basis.
Consent to these terms is not a condition of purchase. If at any time you choose not to receive text messages via the SMS Service, you can unsubscribe by texting STOP to the phone number for your market:
On behalf of yourself and the Tenant, Landlord, Landlord Broker or Tenant Broker you represent, you acknowledge and agree that Crelow and its licensors retain all ownership rights in the Service, including the Site, all Crelow software technology that is incorporated into or made available through the Site, any downloadable software or related technical information for Site integration (including, if applicable, application program interfaces) that is made available through the Site and all modifications and improvements thereto (“Crelow Technology”) and that neither you nor the Tenant, Landlord, Landlord Broker or Tenant Broker that you represent acquires any ownership rights or license rights, except as set forth herein, by accessing the Site or using the Service or consenting to these Terms of Service. The entire content of the Service, the Site and the Crelow Technology, including but not limited to text, design, software, photographs, video, graphics, music, sound, information and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content).
For purposes of this section “Confidential Information” means information relating to the products, services or business affairs of Crelow which is of a proprietary or confidential nature, whether communicated orally or in writing, including, but not limited to, pricing information, the Site’s concepts, techniques, processes, designs, documentation, flowcharts, diagrams, instructions, computer programs, technical know-how, information and trade secrets disclosed by Crelow to Authorized Users through use of the Site, and anything else related to the Crelow Technology that can be derived from use of the Site. Confidential Information also includes any information Crelow receives from third parties that Crelow is obligated to treat as confidential or proprietary.
You acknowledge and agree, on behalf of yourself and the Tenant, Landlord, Landlord Broker or Tenant Broker that you represent that:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND CRELOW AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, CRELOW AND ITS LICENSORS AND VENDORS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE OR THAT THE USE OF THE SERVICE WILL COMPLY WITH THE RULES OF ANY THIRD PARTY SOCIAL NETWORKING WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
If you are dissatisfied with the Service (including without limitation these Terms of Service), your sole and exclusive remedy is to discontinue using the Service.
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SERVICE OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRELOW AND ITS VENDORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST OR CORRUPTED DATA OR CONTENT, ANY ERRORS CAUSED BY THE TOOLS AVAILABLE THROUGH THE WEBSITE OR SERVICE, ANY TERMINATION, SUSPENSION OR OTHER LOSS OF YOUR OR A THIRD PARTY’S SOCIAL NETWORKING ACCOUNT OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF USE OF THE SERVICE OR ANY SUBJECT MATTER OF THESE TERMS OF SERVICE, EVEN IF CRELOW HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES UNDER ANY THEORY OF LIABILITY. IN NO EVENT WILL CRELOW HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE WHICH IN THE AGGREGATE IS MORE THAN ONE HUNDRED DOLLARS ($100.00).
Crelow reserves the right to terminate, suspend or deny, in its sole discretion, your access to all or any portion of the Service, without prior notice, if (a) you breach or threaten to breach these Terms of Service, (b) an officer or executive of the Tenant, Landlord, Landlord Broker or Tenant Broker informs us in writing that you are no longer authorized to use the Service, or (c) no activity occurs in your account for a period of one hundred and eighty (180) days. Upon termination of these Terms of Service, you acknowledge and agree that Crelow may immediately deactivate or delete your account and all related data and files in your account, bar any further access to such data, files and the Service, and disable your password on termination of these Terms of Service. The following terms shall survive any termination of these Terms of Service: Sections 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16.
Crelow controls the Service from its offices within the United States, and the data you input is stored in servers managed by Crelow in the United States. Crelow makes no representation that the Service is appropriate, may be downloaded, or is available for use outside the United States. Access to the Service where the content or access or use of the Service is illegal is prohibited. Those who choose to access and use the Service from outside the United States do so at their own risk and are responsible for compliance with applicable local laws and U.S. export and other applicable laws.
These Terms of Service are governed by the laws of the State of Minnesota, without reference to its conflicts of law principles, except that the federal law of the United States shall apply to questions regarding the validity, infringement or enforceability of U.S. federal patent, copyright and trademark rights relating in any way to these Terms of Service, or the Service. You agree, on behalf of yourself and the Tenant, Tenant’s Broker, Landlord or Landlord’s Broker to submit to the exclusive jurisdiction of, and waive any venue objections and defenses of lack of personal jurisdiction against, the State and Federal courts located in Minnesota. You acknowledge that a breach or threatened breach of Sections 8 and 9 would cause Crelow irreparable injury and damage, and that Crelow shall be entitled, in addition to any other remedies it may have, to preliminary and permanent injunctive and other equitable relief to prevent or curtail any actual or threatened breach in any court of competent jurisdiction.
last updated January 1, 2017
Forms : We may, at times, ask for and collect personally identifiable information about you and the entity that you represent. This could include your name, address, email address, phone number and similar information. We do not knowingly collect personal information from children under the age of thirteen. If you are ever asked to make a payment by credit card, debit card or direct debit via ACH or similar electronic payment protocols, Crelow, or its designated third-party payment processor, does not and will not store your card number, CVC code, card expiration date, bank routing number, or bank account number.
Surveys : We may conduct online surveys from time to time. You may see a pop-up window offering you the opportunity to participate in a survey. These surveys are entirely voluntary and you may always decline to participate.
Information we collect on the Site helps us evaluate how our visitors use and navigate the Site on an aggregate basis, including the number and frequency of visitors to each Web page, the length of their visits, the types of devices and browsers they’re using to access our Site, what part of the world they’re visiting us from, and actions they may have taken on our Site — filling out a form or clicking on a promotional button, for example.
The personally identifiable information we collect about you is stored in secure limited access database servers at one or more off-site locations. We and our hosting provider will take reasonable precautions and maintain safeguards to ensure the security of these servers and to protect your personally identifiable information.
We may use information we collect in the following ways:
We may share parts of the information we have collected from you on the Site with third-party providers to ensure you do not receive duplicate product/service announcements and/or offers. And we may combine information we collect from you on the Site with information you have provided us through your use of other products, services, Websites or social networks.
We may also disclose your information:
WE WILL NOT RENT OR SELL PERSONALLY IDENTIFIABLE INFORMATION YOU PROVIDE OR INFORMATION WE COLLECT ABOUT YOU TO ANY OTHER PARTY. EVER.
If you have questions, we want to hear them. E-mail us at email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card, debit card, bank account numbers or other sensitive information in your e-mail correspondence with us.
Copyright 2017 Crelow LLC
All Rights Reserved