RK Marshall Terms of Use

Welcome to RKMarshall.com.   RK Marshall (or “RK Marshall.com” or “We,” “Our” or “Us” as used herein) offers services to businesses and individuals on a web-based software platform and through our professional service and advisory lines, that allows users to make informed decisions for their commercial real estate needs.

These terms of use ("Terms of Use") set forth the standards of use of RK Marshall.com and all of its associated websites. RK Marshall.com and all such associated websites are collectively referred to herein as the "Website."

DEFINITONS

“RK Marshall” means R.K. Marshall Group, LC, all parent companies, investors, officers, employees, authorized representatives, affiliates, subsidiaries, marketing affiliates, or other such individuals or entities representing RK Marshall in any capacity whatsoever.

"You" or “Your” means all individuals and / or entities accessing or using the Website for any purpose whatsoever. 

 "User," “Users,” "Member,” or “Members” means all individuals and/or entities accessing or using the Website for informational purposes.

"Content" as used herein, shall mean information that You, a User or We submit, publish or display on the Website.

Please read these Terms of Use carefully. These Terms of Use include RK Marshall’s Privacy Policy, which is incorporated and made a part of these Terms of Use. If You do not accept and agree to all of these Terms of Use, You are not authorized to use the Website or the services provided therein. By accessing or using the Website, You agree to be bound by these Terms of Use, including RK Marshall’s Privacy Policy. Additionally, You understand and agree that RK Marshall and / or its approved third parties may electronically provide to You, either through posting or links on the Website or through e-mail, agreements, invoices and other documents, notices and communications regarding Your relationship with RK Marshall, its Users and its services ("Communications"). You hereby consent to receipt of such Communications electronically. If you are a User and have a separate written agreement with RK Marshall, the terms and conditions of the separate written agreement shall govern in all respects in the event of a conflict with these Terms of Use.

MODIFICATION OF TERMS

 RK Marshall reserves the right, at any time, to modify, alter, or update the Website, these Terms of Use and the Privacy Policy without prior notice. You must review these Terms of Use and the Privacy Policy on a regular basis to monitor changes or modifications to these Terms of Use or the Privacy Policy.  Should You wish to terminate Your account due to a modification to these Terms of Use or the Privacy Policy, You may do so by closing Your account. If You choose to continue using the Website, You agree that by doing so You will be deemed to accept the then current Terms of Use or Privacy Policy, as applicable.

ELIGIBILITY

You must be 18 years of age or older to use the Website or any of the services provided therein in any manner. By using the Website and accepting these Terms of Use, You represent and warrant that You are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent that You will use the Website and any services or information provided by RK Marshall in a manner consistent with any and all applicable laws and regulations. 

SERVICES OF WEBSITE

RK MARSHALL MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR ASSURANCES AS TO AVAILABILITY OF REAL ESTATE SUITABLE FOR ITS USERS, THE ACCURACY, SUITABILITY, APPLICABILITY OR RELEVANCE OF THE CONTENT ON THE WEBSITE, AND ALL INFORMATION IS PROVIDED “AS-IS” AND SUBJECT TO YOUR OWN REVIEW.  RK MARSHALL FULLY DISCLAIMS ALL INFORMATION PROVIDED TO YOU THROUGH THE WEBSITE.  YOU ACKNOWLEDGE THAT ALL INFORMATION CONTAINTED ON THE WEBSITE IS FROM SOURCES DEEMED RELIABLE, BUT RK MARSHALL MAKES NO CLAIMS AS TO THE REPUTABLE NATURE OF THE SOURCES, AND THEREFORE YOU BARE THE FULL RESPONSIBILITY OF VERIFYING ANY INFORMATION ON THE WEBSITE.  ALL REAL ESTATE TRANSACTIONS ARE SUBJECT TO A VARIETY OF CONDITIONS THAT SUBJECT EACH TRANSACTION TO DIFFERENT RISKS AND CHANGES THAT RK MARSHALL CAN NEITHER PREDICT NOR ANTICIPATE.

RK Marshall offers information to Users so they may make better informed real estate decisions.

Any Content displayed to a User on the Website is NOT a representation of the terms that a User may receive in the market.  Rather, it is a preliminary summary of the potential market terms that a User may expect to see in their given area based on data and information that the Users gather from various market intelligence sources and peers.  RK Marshall does not guarantee the terms of any real estate transaction, the availability of any space in the market suitable for the User, the availability of expansion space, the renewability of any lease, nor does RK Marshall represent or warrant the individual terms that a User may receive when negotiating a real estate transaction in User’s market.  Real Estate transactions vary from transaction to transaction and may be subject to a variety of factors such as lease term, the credit of the User, the general demand in the market, among other things.  Users must negotiate with landlords and real estate professionals as needed to determine the terms of an actual lease in their market, which may subject the User to extensive negotiations, credit and financial reviews, among other stresses, and Users are encouraged and recommended to seek legal and additional professional advice in such dealings.

By enrolling on the Website, Users authorize RK Marshall to use Content provided by You to provide information to Users, and vice versa. Additionally, Users authorize RK Marshall to keep and store any information entered into or shared with the Website, and to use such information at its discretion, subject to this Terms of Use and the RK Marshall Privacy Policy.  Users certify that all of the information they have provided to RK Marshall is true, accurate and complete.

ACCESS OF WEBSITE / INTERRUPTION OF SERVICE

RK Marshall reserves the right to modify or discontinue any services or Content provided by RK Marshall with or without notice to You. You acknowledge and accept that RK Marshall does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Our control and/or at Our discretion.

ACCOUNT INFORMATION

In association with our services, you will be asked to create a RK Marshall account and provide RK Marshall with certain information including, without limitation, a valid e-mail address. Any such information that You submit will be treated in accordance with RK Marshall’s Privacy Policy.  You may not authorize any third party to access or use the Website on Your behalf. You are solely responsible for maintaining the confidentiality of Your RK Marshall account information and any files You upload or share with the Website, the general public, or other Users.  In the event that You become aware of any unauthorized use of Your RK Marshall account, You hereby agree to immediately notify RK Marshall.

You are responsible for any activities associated with Your RK Marshall account. We reserve the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, and for any reason, at Our discretion, including if, in Our opinion, You have failed to comply with any of the provisions of these Terms of Use.  RK Marshall is not liable for any direct or indirect damages or loss resulting from the unauthorized use of Your account.

You are responsible for making all arrangements necessary for You to have access to the Website and to the services provided therein.  RK Marshall does not guarantee connectivity to the Website in any manner.

DISCLAIMER OF WARRANTIES

All of the information and materials contained on the Website, including text, graphics, information, links or other items are provided on an "AS-IS" and on an "AS AVAILABLE" basis, without warranty of any kind, express or implied, including without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access. To the fullest extent permitted by applicable law, RK Marshall makes no representations or warranties of any kind, express or implied, regarding the use, security, functionality or the results of the Content or this Website or any of the services or information provided therein in terms of its availability, accuracy, adequacy, correctness, precision, timeliness, completeness, thoroughness, reliability or otherwise.

RK Marshall expressly disclaims liability for errors, omissions, accidental or intentional deletions or alterations of material, site features, programming, or services in the information and materials contained therein, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

No warranty of any kind, whether implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, noninfringement, merchantability, fitness for a particular purpose and freedom from defect, computer virus or other error, is given in conjunction with any of the information, materials or services provided by RK Marshall. We make no warranty that the Website, Content or the services thereon will meet Your requirements.

LIMITATION OF LIABILITY

The Website acts as a venue for individuals and businesses (Users) to make preliminarily inquiries about real estate, request information, and to transact through the use of RK Marshall’s advisory and brokerage services. RK Marshall is not intended to be the sole repository or storage of Content or information, and You should save files and information on your personal devices for your records.  RK Marshall does not monitor or control the type, legality, accuracy or validity of the Content stored, shared or submitted on or through the Website, nor can RK Marshall guarantee that Content will be kept confidential.  As a result, RK Marshall has no control over Content, quality, safety, accuracy, or legality of files or information stored, published, shared or provided and makes no representations about Content. RK Marshall shall not be responsible for any damages resulting from the improper or illegal use of the Content or the Website, nor can RK Marshall provide any warranty as to the accuracy, completeness or validity of the Content. You acknowledge and agree that You are solely responsible for the accuracy, form and substance of any of Your Content that is posted on the Website, or to review any information shared, displayed, publishedor provided to You.

Except as expressly provided in these Terms of Use, in no event shall RK Marshall, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website (the “Website Parties”) be liable for any damages whatsoever to You, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to the Website, the Content or it’s services, any information received from the Website or it’s services, any email distributed to You from the Website or any linked website or any use or inability to use thereof, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if the Website Parties or representatives thereof, are advised of the possibility of such damages, losses or expenses.  In no event shall the Website Parties be liable to You for any information or Content posted, transmitted, exchanged or received by or on behalf of You or other person or entity on or through the Website.

YOU ACKNOWLEDGE THAT THE WEBSITE OFFERS A SERVICE THAT YOU HAVE INVESTIGATED AND UNDERSTAND, AND THEREBY AGREE THAT IN NO EVENT WILL RK MARSHALL HAVE ANY LIABILITY TO YOU WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THIS SHALL CONSTITUTE YOUR EXPRESS WAIVER OF LIABILITY ARISING FROM ANY CLAIM AGAINST RK MARSHALL. 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Website Parties from any claim or demand including reasonable attorneys' fees and costs, made by any third party arising out of or related to i) Your use of the Website, ii) Your use of any Content contained therein, iii) Your Content or any information or material that You post to or transmit through the Website, or iv) Your violation of these Terms of Use. RK Marshall shall provide notice to You promptly of any such claim, suit or proceeding, and RK Marshall reserves the right and shall have the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with RK Marshall’s defense of such claim.

ACCEPTABLE USE POLICY ("AUP")

(1) Valid Email Address. You must supply and maintain a valid and verified email address in order to use the services provided by the Website. Invalid email addresses and those that have not been verified through the verification email sent upon sign-up will be deleted from Our system and You will be denied access to this Website.

(2) Unauthorized Use. Unauthorized use of the Website and RK Marshall’s systems including but not limited to unauthorized entry into any of RK Marshall’s systems, misuse of passwords, or misuse of any information posted to the Website is strictly prohibited. RK Marshall reserves the right, in Our sole discretion, to immediately revoke Your account and/or seek all other legal remedies available for copying copyrighted text, or otherwise misusing or misappropriating the Website or Content, including but not limited to, use on a "mirrored", competitive, or third party site.

(3)  Content.  You acknowledge that the Website offers services requiring its Users to enter, share, administer and store Your personal information on the Website’s computer systems and other hardware, which may be owned and controlled by third parties.  Accordingly, You represent and warrant that You have all rights to such Content entered by You, and all information entered, shared with or uploaded to the Website.  By using the Website and sharing Content, You acknowledge that You are granting RK Marshall and its Users, affiliates, subsidiaries and partners a worldwide license to use, copy, share, transfer, sell, administer, access and store Your Content, free of any royalty.  RK Marshall reserves the right to view, monitor, reject, and delete Your Content at Our sole discretion.  You hereby acknowledge and consent to such monitoring and editing practices by RK Marshall.  Additionally, RK Marshall reserves the right to save, store, study, and report, aggregate, and use in any way or for any purpose, Your Content.

RK Marshall reserves the right to change the methods, URLs and any procedures for accessing Your Content at any time and with or without notice to the User.

(4) Use of Website Content. The contents of the Website such as text, graphics, images, logos, button icons, software and other content (collectively the "Website Content") may be protected under both United States and foreign copyright, trademark and other laws. All such Website Content is the property of RK Marshall or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of RK Marshall and may be protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Website Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the Website Content on any authorized copy You make of such Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of RK Marshall, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits RK Marshall or its licensors, that dilutes the strength of RK Marshall or its licensor's property, or that otherwise infringes RK Marshall or its licensor's intellectual property rights. You may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that RK Marshall creates to generate, share, administer or display any Website Content or the pages making up the Website is also protected by RK Marshall’s copyright and You may not copy or adapt such code.

(5) Website Restrictions. Making a preliminary, conditional real estate inquiry, studying Content on the Website, and Your use of the Website may be used only for lawful purposes by individuals and businesses. You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, the Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

(6) Prohibited Uses. You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

You are prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:

(a) accessing data not intended for You or logging into a server or account that You are not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any User, User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or

(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. LiveSure will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

(7) User Content and Submissions. You are solely responsible for Your account information, stored files, Profile, Your Content including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that You post on the Website or transmit to other Users. You agree that in submitting Your Content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under these Terms of Use.

The following is a partial list, for illustration purposes, of Content that is prohibited on the Website. You may not post content or otherwise use the Website in any way that:

  • Is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  • Harasses, incites harassment or advocates harassment of any group or individual;
  • Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming;"
  • Involves, promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Involves, promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacturer-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
  • Contains restricted or password only access pages, or hidden pages or images;
  • Displays or links to pornographic, indecent or sexually explicit material of any kind;
  • Provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;
  • Provides instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media;
  • Solicits passwords or personal identifying information from other Users or Users;
  • Harms or attempts to harm the Website in any way;
  • Allows or gains unauthorized access to any part of the Website;
  • Obtains any unauthorized data from the Website;
  • Charges others for any use of the Website;
  • Collects or attempts to collect information about others in any way;
  • Uses excessive amounts of bandwidth, at the sole discretion of LiveSure;
  • Modifies, alters, copies or otherwise changes the programming or features of the Website.

OTHER SITES & USER CONTENT RELIABILITY

The Website and any Content may contain links to websites and information controlled, sourced from, provided by, or offered by third-parties (non-affiliates of RK Marshall). You acknowledge that RK Marshall is not responsible for the availability of, accuracy of, or the content located on or through any third-party website or Content. RK Marshall makes no representations about, and disclaims liability for, any information, materials, products or services posted or offered at any of the third-party websites linked to this website or Content posted on the Website. By providing such links or information, RK Marshall does not endorse or recommend any products or services offered or information contained therein, nor is RK Marshall liable for any failure of products or services offered or advertised at those websites or contained within the User Content. If You decide to access such linked third-party web sites or rely upon Content, You do so at Your own risk. Your use of those third-party sites and Content is subject to the terms of use and privacy policies of each such site and subject to Your understanding and knowledge of the Content, and We are not responsible for anything contained therein. You should contact the site administrator or webmaster for those third-party sites or the User who uploaded, shared, or otherwise provided You with the Content You are relying upon if You have any concerns regarding the content on those sites or Content.

INTELLECTUAL PROPERTY

You acknowledge and agree that, as between You and RK Marshall, RK Marshall owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in the Website, the Content provided by RK Marshall on the Website, including without limitation, site design, text, graphics, and interfaces and any intellectual property embodied therein ("RK Marshall Materials"). Any use of RK Marshall Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of RK Marshall is strictly prohibited. You agree that You will not use any robot, spider, or other automatic device or manual process to monitor or copy Our website, RK Marshall Material or any third-party content available on RK Marshall’s websites.

THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS

RK Marshall respects the intellectual property of others, and We ask You, to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of the Website and Website Content, You agree not to use the Website or Website Content to infringe the intellectual property rights of others in any way. RK Marshall reserves the right to terminate Your account, and block access to the Website or Content if You infringe (or are a repeat infringer) the copyrights, or other intellectual property rights, of others. RK Marshall reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.

TRADEMARKS

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on Content available through the Website are registered and unregistered Trademarks of Ours and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder.

RK Marshall may suspend or terminate Your access to Your account, without notice or liability, for any violation of these Terms of Use or for any other use that RK Marshall, at its sole discretion, deems improper. 

INTERNATIONAL USE

RK Marshall makes no claims that the Website may be lawfully viewed or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. If You access the Website from outside of the United States, You acknowledge that any personal information You provide will be processed in the United States and other geographies as selected by Us in Our sole discretion, and You hereby consent to the collection and processing of Your personal information in a manner consistent with these Terms of Service and the Privacy Policy.

GOVERNING LAW

These Terms of Use are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively in the state and federal courts of Bell County, Texas.

SEVERABILITY; WAIVER

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, RK Marshall’s failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect RK Marshall’s ability to enforce such term at any point in the future.

NOTICE

All inquiries, questions, or notices to RK Marshall should be directed to:

R.K. Marshall Group, LC

PO Box 216

Temple, Texas 76503

rob@rkmarshall.com