Lumicre, LLC DBA Real.LLC

Terms and Conditions

These Terms and Conditions between Lumicre, LLC, a Texas limited liability company (“REAL.LLC”), and Subscriber relate to and are a part of one or more products developed and maintained by REAL.LLC to which Subscriber has paid an online subscription fee and subscribed to one or more of the following (the “Subscription”): (1) broker neighborhood market reports; (2) flat fee commercial property sales listing services; (3) flat-fee commercial property lease listing services; (4) marketing services; and (5) single property deep-dive reports (each, a “Subscription Service”).

Subscriber.

1. Subscriber hereby agrees that REAL.LLC is not being hired to provide advice, brokerage, leasing, sales, management, or any other service, and there is no promise of success. No refunds of subscription fees shall be made to Subscriber.
2. The term of the Subscription shall commence on the date payment of the subscription fee is made by Subscriber and shall continue on a month-to-month basis. Either party may terminate this Agreement upon ninety (90) days written notice without cause.
3. Indemnity. SUBSCRIBER AGREES TO INDEMNIFY AND HOLD REAL.LLC and Lumicre, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, NONAFFILIATES, AND AGENTS HARMLESS FROM ALL FINES, LEVIES, CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSS, LIABILITY, COSTS AND EXPENSES OF ANY KIND AND OF WHATEVER NATURE, WHETHER IN CONTRACT, IN TORT, UNDER ENVIRONMENTAL LAWS, DECEPTIVE TRADE PRACTICES LAWS, CONSUMER PROTECTION LAWS OR OTHERWISE (COLLECTIVELY “CLAIMS”), INCLUDING, BUT NOT LIMITED TO, COURT COSTS, LITIGATION EXPENSES AND ATTORNEY’S FEES, ARISING IN CONNECTION WITH, OR INCIDENTAL TO THE USE BY SUBSCRIBER OF ANY OF THE INFORMATION PROVIDED BY REAL.LLC AS A RESULT OF THE SUBSCRIPTION OR ANY TRANSACTION TO WHICH SUBSCRIBER BECOMES A PARTY AS A RESULT OF THE SUBSCRIPTION OR ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO SUBSCRIBER’S PROPERTY.  Any insurance maintained by either party or required by this Agreement shall not relieve Subscriber from its indemnification obligation. REAL.LLC shall not be liable either to Subscriber or any third party for any error of judgment or for any mistake of fact or of law, or for anything which it may do or refrain from doing hereunder so long as REAL.LLC is/was not acting with gross negligence or engaging in willful misconduct.
4. LIMITATION ON LIABILITY. (a) SUBSCRIBER ACKNOWLEDGES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, REAL.LLC and Lumicre, LLC AND ITS AFFILIATES and ITS NONAFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “REAL.LLC PARTIES”) WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY SUBSCRIBER OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION THOSE ARISING OUT OF OR RELATED TO ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SUBSCRIPTION SERVICE, REGARDLESS OF HOW SUCH INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE SUBSCRIPTION SERVICE, (b) THE REAL.LLC PARTIES’ AGGREGATE, CUMULATIVE LIABILITY RELATING TO THE SUBSCRIPTION AND USE OF THE SUBSCRIPTION SERVICE SHALL BE LIMITED TO SUBSCRIBER’S ACTUAL, RECOVERABLE DIRECT DAMAGES, IF ANY, WHICH IN NO EVENT SHALL EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID TO REAL.LLC UNDER THE SUBSCRIPTION DURING THE NINETY DAY PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE. RECOVERY OF THIS AMOUNT SHALL BE SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY; (c) UNDER NO CIRCUMSTANCES WILL ANY OF THE REAL.LLC PARTIES BE LIABLE FOR LOST PROFITS HOWSOEVER ARISING OR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF, BASED ON, RESULTING FROM OR IN CONNECTION WITH THE SUBSCRIPTION OR ANY USE OF THE SUBSCRIPTION SERVICES, EVEN IF REAL.LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION APPLY WITHOUT REGARD TO THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE GROUNDED IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION.
   

    

    

5. NO WARRANTIES. ALTHOUGH REAL.LLC MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE SUBSCRIPTION SERVICES AND ALL PARTS THEREOF ARE PROVIDED ‘AS IS’, ‘WITH ALL FAULTS’, AND ‘AS AVAILABLE’. THE REAL.LLC PARTIES MAKE NO WARRANTIES. THE REAL.LLC PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE REAL.LLC MARKET REPORTS CONTAINED IN THE SUBSCRIPTION SERVICE MAY INCLUDE, WITHOUT LIMITATION, STATEMENTS REGARDING REAL.LLC’S CURRENT OR FUTURE BELIEFS, EXPECTATIONS, INTENTIONS OR STRATEGIES REGARDING PARTICULAR COMMERCIAL REAL ESTATE MARKETS. THE ANALYSIS AND REAL.LLC MARKET REPORTS ARE SUBJECT TO MANY RISKS AND UNCERTAINTIES THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THE ANALYSIS AND REAL.LLC MARKET REPORTS. SUBSCRIBER UNDERSTANDS THAT THE ANALYSIS AND REAL.LLC MARKET REPORTS CONTAINED IN THE SUBSCRIPTION SERVICES ARE BELIEVED TO BE STATE OF THE ART AND, BY REASON OF THEIR LIMITED PERIOD OF USE, THEIR DEGREE OF ACCURACY IN REPORTING COMMERCIAL REAL ESTATE MARKET INFORMATION AND MAKING FORECASTS IS NOT PROVEN. SUBSCRIBER SHALL NOT HOLD REAL.LLC OR ITS LICENSORS RESPONSIBLE FOR ANY ERRORS IN REPORTING, EVALUATING, ANALYZING, SIMULATING OR FORECASTING COMMERCIAL REAL ESTATE MARKET INFORMATION OR FOR ANY INFORMATION, ANALYSES OR REAL.LLC MARKET REPORTS COMPRISING THE SUBSCRIPTION SERVICE
   

    

    

6. Equal Opportunity/Fair Housing. Subscriber acknowledges that Subscriber is an Equal Opportunity Employer and that Subscriber must, as applicable, also abide by all Fair Housing laws, statutes, ordinances and regulations. Subscriber shall not request or require REAL.LLC to do anything contrary to, or contravention of any Equal Opportunity or Fair Housing law, statute, ordinance, or regulation.
7. Notices. All notices provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested; by delivering the same in person or via overnight delivery to such party; or by facsimile copy transmission. Notice may be provided via email as specifically permitted by the terms of this agreement. Notice given in accordance herewith shall be effective upon confirmed fax delivery or delivery to the address of the addressee. For purposes of notice, the addresses of the parties shall be the Notice Addresses described above. Either party hereto may change its address for notice by giving three days prior written notice thereof to the other party.
8. Trademarks/Intellectual Property. All trademarks, reports, marketing materials, trade names, service marks, signs and all other marks of identification used by REAL.LLC in its business shall at all times remain the exclusive property of REAL.LLC, and Subscriber shall have no right, interest in, or title to any of REAL.LLC’s trademarks, research reports, marketing materials, trade names, service marks, signs or other marks of identification. REAL.LLC and Subscriber may use REAL.LLC’s proprietary form of documents in connection with the Property so long as the Agreement is in effect, and the parties agree that such forms and documents are REAL.LLC’s intellectual property, and shall at all times remain the exclusive property of REAL.LLC, and Subscriber shall have no right, interest in, or title to any of REAL.LLC’s intellectual property, data, research or agency.
9. Controlling Law. The Subscription shall be construed under and in accordance with the laws of the State of Texas. All monies or sums due REAL.LLC shall be due and payable to REAL.LLC in advance via electronic method.
10. Parties Bound. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns; however, REAL.LLC may assign this Agreement without the consent of or notice to Subscriber, at any time, to an affiliate of REAL.LLC. REAL.LLC shall provide full notice after such assignment to Subscriber as soon as reasonably practicable.
    

     

     

11. Attorney’s Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and all costs of court from the other party, which fees may be set by the Court in the trial of such action or may be enforced in a separate action brought for that purpose, and which fees shall be in addition to any other relief which may be awarded.
12. Relationship of the Parties.    The relationship between REAL.LLC and Subscriber shall be an Independent Contractor/Contractor relationship. Nothing contained in this Subscription Agreement shall be regarded as creating any other kind of relationship between REAL.LLC and Subscriber, including but not limited to an employee/employer relationship, a relationship between joint venturers, partners, shareholders or the like, or as an agency relationship requiring any kind of licensing. Subscriber hereby confirms that REAL.LLC is not providing any type of services that would require REAL.LLC to be licensed by applicable law, including without limitation brokerage services

Property Guidelines for REAL.LLC

(For Listing and Marketing Services Assignments Only)

1. GENERAL INFORMATION

              1.1. Property Address:

              1.2. Property Location:

              1.3. Property Size:

2. Pricing Guidelines:
3. Contact Information for Subscriber, Broker or Trustee Signing as Subscriber:
4. Upload: Property Photos, Floorplans, Lists of other properties, Survey, PDF and any other items for upload:

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 REAL.LLC