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.
“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.
MODIFICATION OF TERMS
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.
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.
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.
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.
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.
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;
- 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
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.
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.
All inquiries, questions, or notices to RK Marshall should be directed to:
R.K. Marshall Group, LC
PO Box 216
Temple, Texas 76503