Every community user of ours agrees to abide by these Community TOU and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate these Community TOU. We will enforce and ensure compliance with this Community TOU by using methods we consider to be appropriate.
We reserve the right to modify this Community TOU at any time without giving you prior notice. You can find the most recent version here. Your use of the community following any such modification constitutes your agreement to follow and be bound by these Community TOU as modified. You agree to review the Community TOU on a regular basis and always remain in compliance.
We will provide you access to use the CapRateIndex Community according to the terms of this Agreement. In order to access and use the CapRateIndex Community, you will be required to register and establish a username. You may not use a username that: a) belongs to someone else, b) impersonates another person, c) is misleading, d) violates any intellectual property or other proprietary rights, e) is vulgar or offensive, f) uses ‘CapRateIndex’ as all or part of it, or g) we reject, which we may choose to do at our discretion. All information you provide in your user profile must be accurate and truthful. You may only maintain a single user account. You accept responsibility for the use and confidentiality of any username and email address that you register for your access to and use of the CapRateIndex products and services. You are responsible for maintaining the confidentiality of your account, email, and password and are completely responsible for all activities that occur under your account. Make sure you exit from your account at the end of each session. CapRateIndex cannot and will not be liable for any loss or damage arising from your failure to comply. If you believe your access or use of the CapRateIndex Community has been breached, compromised, or unauthorized, notify us immediately at firstname.lastname@example.org.
In consideration of your use of the CapRateIndex website, you represent that you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the CapRateIndex's registration form (the "Registration Information") and b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CapRateIndex has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CapRateIndex has the right to suspend or terminate your account and refuse any and all current or future use of the CapRateIndex Services and products (or any portion thereof).
You are not permitted to distribute, transmit, sell, broadcast, rent, lease, assign, sublicense, commercially exploit, grant a security interest in, or otherwise transfer any right in the CapRateIndex Community, Community Content, or your CapRateIndex user account.
Please be considerate and polite in your interactions with all CapRateIndex members. All opinions and diverging viewpoints are welcome, but harassment and personal insults have no place in the CapRateIndex community. The community is designed to provide a place for CapRateIndex users to seek and receive help from other community members, so please keep your comments constructive and relevant to the topic board and thread. If you have a new question or topic, start a new thread rather than interrupting a conversation.
When you post any submission on CapRateIndex and the CapRateIndex community, you also agree to abide by the following disclosure rules: a) You are solely responsible for your interactions with other community users; b) Please practice common sense and use good judgment when posting and/or interacting with others; c) Do not post anything that would violate any contractual agreements (copyright, trade secret, insider information, or otherwise) or nondisclosure agreements to which you are a party; d) You will disclose the existence of a long or short position in any stock mentioned (including stocks, options or other instruments) in any submissions you post (except for "Comments") at the time of the post; e) You will not write about a stock with the intention to decrease or increase the stock's price and buy (or sell) the stock in the resulting price changes; f) You will not post misleading information, wrongful information, or any information that will negatively impact the market; g) You will disclose if you intend at the time or our post to buy or sell a stock within three days of publishing your submission (except for "Comments") that discusses that stock; h) CapRateIndex.com and CapRateIndex community’s content, opinions, ideas, and recommendations shall be used only in a non-commercial manner. i) CapRateIndex.com shall not be used to solicit users to become users of other products or services or for any other business marketing or promotion. You shall not disrupt or interfere with any features, products or services of CapRateIndex.com nor shall you do anything which, in the judgment of CapRateIndex, will restrict or inhibit any other user from using and enjoying CapRateIndex.com; j) You shall not, without the express written approval of CapRateIndex, post or otherwise distribute any material containing any solicitation of funds, advertising or solicitation for goods or services; k) You shall not promote, or hype a stock, REIT or company, nor shall you post the same note on multiple occasions in a single day (a practice known as "spamming"); l) You shall not upload to, or otherwise submit or publish through, CapRateIndex.com any content or material which is defamatory, libelous, obscene, hateful, pornography or pedophilia, abusive, or which invades anyone's privacy, encourages conduct that would constitute a criminal offense, or otherwise violates any third party rights or local, state, federal or international law or regulation.
You are and shall remain solely responsible for your submissions on and to CapRateIndex.com. CapRateIndex is not responsible for the content or message of your submissions. CapRateIndex does not verify or guarantee, and makes no representation or warranty of any kind or nature as to, the accuracy, veracity or completeness of any information or recommendations provided by others on CapRateIndex.com, nor does CapRateIndex encourage, sanction, endorse, support, agree with, verify, or reject, diminish or disagree with, the ideas, comments, recommendations, opinions or statements posted by others on CapRateIndex.com.
While CapRateIndex does not and cannot review every message posted or idea or recommendation submitted to CapRateIndex.com, CapRateIndex reserves the right, in its sole discretion, but assumes no duty, to delete, move, or edit submissions that it deems unreliable, false, incomplete, inaccurate, inappropriate, obscene, defamatory, in violation of copyright, trademark or other applicable laws, or otherwise unacceptable, and you expressly acknowledge that your submissions may be edited, removed, modified, published, re-published, transmitted and displayed by CapRateIndex in its sole discretion. You will use the CapRateIndex Community for its intended purpose only, and will not use it for solicitation or advertising purposes unless we otherwise agree.
Don’t share any information about yourself, your business or that of any other community member that you or they would not want to be publically available. Do not post personal information that you receive in private messages or one-to-one communications without the other party’s consent. The CapRateIndex Community is meant for public discussion, so you may not disclose or solicit anyone's private information or disclose confidential information. You are responsible for the use by third parties of any personal information disclosed by you to the CapRateIndex Community, whether or not you permitted such use. This means that no private or personal information should be exchanged within the CapRateIndex Community. Upon our consent, certain users may be allowed to include a link as part of their signature information, which another user may click to leave the CapRateIndex Community and obtain or share additional information. If you share your information by following one of these links, then you grant us the right to further share your information with trusted partners so that they may contact you about inbound marketing or sales service offerings.
In addition, and without limiting the other requirements in this Community TOU, you may not (directly or indirectly) use the CapRateIndex Community with content, or in a manner that: a) is in violation of this Agreement; b) is threatening, abusive, harassing, stalking, or defamatory; c) infringes a third party's intellectual property right(s); d) harvests or otherwise collects information about others, including e-mail addresses and or usernames, without their consent; e) attempts to gain unauthorized access to the CapRateIndex Community, or access the CapRateIndex Community by any means other than through the interface that we provide to you; f) is confidential, proprietary or discloses Sensitive Information; g) discloses or solicits the private information of any person; h) is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity); i) is deceptive, false, misleading or fraudulent; (j) publishes, posts, comments, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws or by rights of privacy or publicity, unless you have all necessary rights and consents to do so; k) contains vulgar, obscene, indecent or unlawful material; (l) damages, disables, overburdens, or impairs any CapRateIndex website or interferes with any other party's use and enjoyment of the CapRateIndex Community; m) violates the usage standards or rules of an entity affected by your use; n) downloads any file that you know, or reasonably should know, cannot be legally distributed in that way; o) uploads files that contain corrupted files, viruses, spyware, spamware, or any other similar software or programs that may damage the operation of another person's computer; p) deletes or falsifies the attributions to any author, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded; q) restricts or inhibits any other user of the CapRateIndex Community from using and enjoying our website and/or the CapRateIndex product; r) is legally actionable between private parties; s) and/or is in violation of any applicable law or regulation; t) mirrors or frames the CapRateIndex Community website, or any part of it, on any other website or webpage.
We may immediately suspend use of the CapRateIndex Community, without notice, for actual or suspected violations of the terms contained in this Community TOU. If you know of usage that is in breach of this Agreement, please let us know by contacting us at email@example.com. We may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes an infringement on our website, please email us at firstname.lastname@example.org.
You grant to us all rights, licenses, and permissions necessary to display, reproduce, disseminate, and otherwise use your content, posts, submissions in connection with the CapRateIndex Community and CapRateIndex products and platform. We may edit or remove your content, or block or disable replies on a topic, at any time in our sole discretion.
We may terminate this Agreement and/or suspend your access to the CapRateIndex Community immediately if you: a) violate any of the terms of this Agreement; b) use the CapRateIndex Community in a way which has or may negatively reflect on or affect us, our prospects, or our customers; or c) if we determine it to be necessary or desirable in our sole discretion. We are not obligated to provide you with any of your content used in connection with the CapRateIndex Community after termination.
You represent and warrant that: a) your participation in the CapRateIndex Community will not conflict with any of your existing agreements or arrangements; b) you have sufficient rights to share all your content with us for our use and with other users of the CapRateIndex Community, and that you are not violating any confidentiality obligations by submitting your content to the CapRateIndex Community; and c) that your content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary rights.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of: a) your use of the CapRateIndex Community; b) your disclosure or solicitation of personal information; c) any use of personal information that you disclosed, whether this use is by you or a third party; d) your noncompliance with or breach of this Agreement; or e) your use of Third-Party Products or Third-Party Sites. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (a) imposes an obligation on us; (b) requires us to make an admission; or (c) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
All materials and information published on CapRateIndex.com, including, without limitation, information, text, recommendations, financial analysis, opinions, financial predictions, images, graphics, tables, reports, post, opinions, comments, software, statements, lists and all other information (the 'content') are intended solely for your personal, non-commercial use. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, sell, display or in any similar way commercially exploit by resale or otherwise, any of the content, in whole or in part.
All content is owned or controlled by CapRateIndex or the party credited as the provider of such content. The content, and the entire CapRateIndex site, including without limitation selection, coordination, arrangement, reproduction and enhancement of such content, all materials published by CapRateIndex and all postings on CapRateIndex.com, is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. Reproduction of the CapRateIndex.com site, in whole or in part, without the written permission of CapRateIndex is strictly prohibited.
CapRateIndex.com and CapRateIndex community’s content, opinions, ideas, and recommendations shall be used only in a non-commercial manner. CapRateIndex.com shall not be used to solicit users to become users of other services or for any other business marketing or promotion. You shall not disrupt or interfere with any aspect or element of CapRateIndex.com nor shall you do anything which, in the judgment of CapRateIndex, will restrict or inhibit any other user from using and enjoying CapRateIndex.com. You shall not, without the express written approval of CapRateIndex, post or otherwise distribute any material containing any solicitation of funds, advertising or solicitation for goods or services. You shall not promote, tout or hype a stock or company, nor shall you post the same note on multiple occasions in a single day (a practice known as "spamming"). You shall not upload to, or otherwise submit or publish through, CapRateIndex.com any content or material which is libelous, defamatory, obscene, pornographic, abusive, or hateful, or which invades anyone's privacy, encourages conduct that would constitute a criminal offense, or otherwise violates any third party rights or local, state, federal or international law or regulation.
Those with formal connections or affiliations to or with a company being discussed on CapRateIndex.com, including among other things any and all positions of employment, directorships, consultancies and/or substantial shareholdings, must identify themselves as such, and disclose such connection or affiliation, within their first submission on that topic, company focus, or subject matter.
The author or creator of any and all submissions in print or other forms or other uploads to CapRateIndex.com forums, posts, comments, discussion groups, transfers and assigns to CapRateIndex, by virtue of submission to CapRateIndex.com and this Agreement, the entire copyright, throughout the universe, in any and all media and forms of publication, reproduction, transmission, distribution, performance, or display, now in existence or hereafter developed, in such work or other original materials; without separate, retained or reversionary rights being held by such author, creator or other person submitting such work. The foregoing grant shall include but not be limited to the right to publish the work or submission on CapRateIndex.com or any other affiliated site or publication, and the right of CapRateIndex.com and its affiliates to use, act on and reuse such submission. CapRateIndex may exercise the rights granted herein in such form as it may in their sole discretion determine; such that the submitted material may be published, reproduced, reprinted, distributed, performed, displayed, included in anthologies and compilations, and/or otherwise transmitted (including but not limited to electronic and optical versions and in any other media now in existence or hereafter developed) in whole or in part, whether or not combined with the work of others.
Certain CapRateIndex affiliates are engaged in stock and securities trading and investment and investment management. These funds and trusts may have positions (either long or short) in the securities of companies recommended or profiled or otherwise mentioned on and in CapRateIndex.com, or may be bought or sold following, or as a result of, recommendations, analysis or information submitted to, or contained in, CapRateIndex.com. Neither CapRateIndex, nor any affiliate, shall be obligated to disclose such investments or trading activity at any time.