1. Use of the Site. NetLeaseX Capital LLC (“NetLeaseX”) owns and operates the web site located at www.NetLeaseX.com (the “Site”). By accessing or using the Site, you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and NetLeaseX and governs your access and use of the Site, which includes any information, data, tools, products, services and other content available on or through the Site.
2. Articles and Information. The Site may include articles and information about various aspects of real estate investing and other business matters. However, the Site is not a substitute for specific legal and other professional advisors, and should not be regarded or relied upon as the provision of legal or other advice. The information and documents published on this Site or made available through use of this Site are provided for educational and reference purposes only. All information, transaction ideas and documents must be reviewed, verified and custom-tailored by your own counsel to ensure appropriate application to your own transaction(s) and compliance with legal, tax, accounting and jurisdictional requirements.
We will not be responsible for any direct, indirect, consequential, incidental, exemplary, special or punitive damages which result from any use of the published information, ideas and/or documents.
The foregoing disclaimers also apply to all information, and documents obtained from web sites contacted through hyperlinks from this site. NetLeaseX Realty Markets, Inc. does not endorse, approve, support, recommend, or attest to the quality or accuracy of any products, services or information obtained from any web sites linked to this site and such links are provided only for the convenience of our users.
3. Copyright and Trademark Notices. NetLeaseX.com is a trademark of NetLeaseX Capital LLC. All HTML code, database source code, graphics, audio and video clips, content, writings, and the selection and organization of content and writings on this site are copyrighted, 2022, by NetLeaseX Capital LLC, with all rights reserved.
5. No Warranty. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
6. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAY TO US IN THE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
8. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site.
9. No Agency. You and NetLeaseX are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
10. Notices. Except as explicitly stated otherwise, any notices shall be given by registered mail, return receipt requested, to NetLeaseX Capital LLC at 119 East Court Street, Cincinnati, Ohio 45202 (in the case of NetLeaseX) or to the e-mail address you provide to NetLeaseX during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, and return receipt requested, to the address provided to NetLeaseX during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
11. Resolution of Disputes. In the event a dispute arises between you and NetLeaseX, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and NetLeaseX agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
11.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or NetLeaseX may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
11.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Hamilton County, Ohio. You and NetLeaseX agree to submit to the personal jurisdiction of the courts located within the county of Hamilton County, Ohio. The laws of the State of Ohio shall apply to all matters related to this Agreement, regardless of any conflicts of law principles.
11.3 Alternative Dispute Resolution. Alternatively, NetLeaseX will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Hamilton County, Ohio or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 11, the other party may recover attorneys’ fees and costs up to $1,000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
13. General. This Agreement shall be governed in all respects by the laws of the State of Ohio as such laws are applied to agreements entered into and to be performed entirely within Ohio between Ohio residents, regardless of any conflicts of law principles. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by NetLeaseX in accordance with Section 10 “Notices”, in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 6.3 (License), 7 (Access and Interference), 6 (Liability Limit), 7 (Indemnity) and 11 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.