TERMS AND CONDITIONS OF USE
Welcome to Integra Realty Resources, Inc. (“IRR”). Your use of the irr.com website (the “website”) and related IRR services, constitutes your agreement and acceptance of terms and conditions set forth herein (these “Terms”). You also accept these Terms when you create an account, request a service, or log into the website. These Terms are a binding contract to which you are legally bound. Additional or separate terms may apply to your use of our services. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of these Terms will govern. References to "IRR," "our," "we," or "us" shall refer to Integra Realty Resources, Inc., and its affiliates, subsidiaries, officers, directors, employees, vendors, agents, and designees which include IRR’s franchised local offices that are independently owned and operated such as Integra Realty Resources – Charlotte, LLC, as well as their respective successors and assigns. References to “you,” or “your” shall refer to any user accessing, viewing, or otherwise interacting with the website. We may make changes to the website and the Terms. It is your responsibility to review these Terms for updates or changes. If you do not agree with these Terms, you should not use the website.
Use of the Website
You may use the IRR website for your personal, non-commercial use only pursuant to the Permitted Use section below. You may not use the website if you are under the age of 18. By accessing the website you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms. You also agree to be contractually bound by our Privacy Policy which is incorporated into these Terms.
Passwords
Certain aspects of the Information may only be accessed by individuals who is authorized by a registration process to access password protected Information (“Authorized Users”). Authorized Users must maintain the confidentiality of their passwords and may not share them with or allow them to be used by any other person.
IRR may use passwords as a means to authenticate your identity when you access and use the Information. IRR is under no obligation to confirm the actual identity or authority of any party accessing the password protected Information under any authentication method.
Unauthorized attempts to defeat or circumvent passwords or other security features, use the Website or the Information for other than intended purposes, or obtain, alter, damage or destroy information or otherwise to interfere with the system of its operation, are not permitted and may result in a loss of access to the Information. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution.
If you create any settings, saved searches, fields or functions in the Information or input, add or export any data into or from the Information, IRR shall not have any liability or responsibility for any such information or the loss, destruction or use by third parties thereof; it is your responsibility to make back-up copies of such information.
If you cause a technical disruption of the Website or Information, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable attorneys’ fees, fines, and costs of enforcement) arising from or related to that disruption.
Information on the Website
We try to be as accurate as possible with the website itself, as well as the information, text, forms, agreements, reports, articles, videos, photographic and other imagery and data we present on our website, any updates or modifications thereto, any information derived therefrom, as well as the proprietary organization, layout, design and structures of the website (the “Information”). We will make reasonable efforts to accurately present of the Information we provide. We do not warrant that descriptions or other content is accurate, complete, or error free. Services offered on the website may vary from other advertised services due to varying conditions in different geographic markets. Prices and promotions are subject to change, and may vary from those offered by our independent offices across the country. You agree that the Information is owned by IRR and its vendors and that IRR shall retain exclusive ownership to the Information. You acknowledge that the Information constitutes the valuable property and confidential and copyrighted information of IRR and its vendors and agree to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in such information, (b) not challenge IRR’s and its vendors’ ownership of (or the validity or enforceability of their rights in and to) such information, and (c) not remove, conceal, obliterate or circumvent any copyright or other rights management information, notice, license or anti-piracy technological measure included in the Information. You shall be liable for any violation of the provisions of these Terms by your employees, contractors, affiliates and agents and for any unauthorized use of the Information by such persons.
Use License
IRR grants you permission to view and use our website and to print individual pages from the website for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, merge, scrape, disassemble, use any or artificial intelligence, data mining, gathering or extraction tool, or any robot, spider or other automated means or manual process, to monitor or copy any portion of the website or the data generated from the website, or copy (except as set forth in the preceding section of this sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from our website.
In addition, as a condition of your use of the website, you represent and warrant to IRR that you will not use the website for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use the website.
Prohibited Use
You shall not:
distribute, disclose, copy, reproduce, make available, upload, post, communicate to the public by telecommunication, display, publish, transmit, assign, sublicense, transfer, provide access to, sell, directly or indirectly, any portion of the Information by any means (including without limitation the Internet, any bulletin board system, electronic network, listing service, or any other data sharing arrangement) to anyone, or modify, adapt or create derivative works of the Information;
store, copy or export any portion of the Information into any database or other software program; or
link to or frame any portion of the Information.
Notwithstanding any other provision herein, you shall not:
use any portion of the Information to create, directly or indirectly, any database or product;
modify, merge, scrape, disassemble or reverse engineer any portion of the Information, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Information or the data generated from it;
use, reproduce, publish, or compile any portion of the Information for the purpose of selling or licensing it or making it publicly available;
use any portion of the Information in a manner that would violate any applicable law, regulation, rule, ordinance or common-law principle, including those relating to real estate practice, competition, marketing, advertising, defamation, securities, spam and privacy; or
in connection with the offer or sale of securities, use any portion of the Information, directly or indirectly, in any securities offering materials, registration statement, prospectus, or other filing with the United States Securities and Exchange Commission or any other federal, provincial, state, local or foreign governmental authority.
You may not use the Information or any portion thereof in any manner that:
is threatening, abusive, harassing, hateful, harmful, false, misleading, obscene, vulgar, racially or ethnically offensive, invasive of the privacy, publicity or other rights of any party, or is otherwise objectionable, in Company’s sole discretion;
infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; or
exposes the Information to software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Information or servers or networks connected thereto or the activities of other users of the Information or of any computer software or hardware or telecommunications equipment.
Copyrights
This website and the materials within it are copyrighted by IRR. Viewing or using this website may create a copy of IRR materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.
Trademarks
The trademarks, service marks and logos (collectively the "Marks") used and displayed on this website are registered and unregistered trademarks of IRR and others. Nothing on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the website, without the prior written permission of the Mark owner. IRR aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Integra Realty Resources, Inc., IRR, or any of IRR’s trademarked product names; the IRR logo or the logo of any IRR trademarked product names; or the other IRR formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior, written permission from IRR. IRR strictly prohibits use of the IRR logo as part of a link to or from any website unless establishment of such a link is approved in advance by IRR in writing. Fair use of IRR’s Marks requires proper acknowledgment. Other product and company names mentioned on this website may be the Marks of their respective owners.
Privacy
We take our commitment to protect your privacy seriously. Your use of the website is subject to our privacy policy found here: https://www.irr.com/privacy-policy. Please review the policy for more on how we collect and use information.
Links to Third Party Sites
This website may contain links to websites owned or operated by parties other than IRR or its affiliates. Such links are provided for your reference only. IRR does not control outside websites and is not responsible for their content. IRR's inclusion of links to an outside website does not imply any endorsement of the material on the website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the inclusion of the links imply that IRR is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION
WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. INTEGRA REALTY RESOURCES, INC. SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IRR SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IRR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY IRR WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH AN IRR WEBSITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS AND SERVICES YOU PURCHASE THROUGH AN IRR WEBSITE OR IRR’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD. IN NO EVENT SHALL EITHER IRR, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS IN THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless IRR from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your (and your users’) uploaded content, use or misuse of any portion of the Information, or your violation of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim or demand.
Uploaded Content
We welcome your comments regarding this website. However, by submitting any content to IRR (including photos), via the website or otherwise, you represent and warrant that:
you are the sole author and owner of the intellectual property rights thereto;
all "moral rights" that you may have in such content have been voluntarily waived by you; and
use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party; or
that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold IRR harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant IRR and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and nonexclusive license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at IRR's sole discretion. IRR reserves the right to change, condense or delete any content on the website that IRR deems, in its sole discretion, to violate these Terms. IRR does not guarantee that you will have any recourse through IRR to edit or delete any content you have submitted. You acknowledge that you, not IRR, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of IRR, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
You assign to IRR the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of these Terms, scraped, copied, or distributed content from your uploaded content and for which you have not granted such third parties a separate license to use.
Disputes
You agree that these Terms and your use of the website is governed by the laws of the State of Colorado, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Denver, Colorado, USA in all disputes (a) arising out of, relating to, or concerning the website and/or these Terms; (b) in which the website and/or these Terms present is an issue of a material fact; (c) in which the website and/or these Terms are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization; (d) arising out of relating to any products or services sold or distributed by IRR; and (e) related to IRR’s advertising, communication, delivery, or sales practices relating to its products and services. Use of the website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect. In the event that litigation or any other proceeding is brought to enforce or interpret the terms of these Terms, the prevailing party in such action shall be reimbursed for its attorneys’ fees and costs by the unsuccessful party and the unsuccessful party agrees to reimburse the prevailing party such amount. You agree that IRR’s rights hereunder are special and unique and that any violation thereof would not be adequately compensated by money damages, and therefor you grant IRR the right to specifically enforce (including injunctive relief where appropriate) these Terms.
IRR has endeavored to comply with all legal requirements known to it in creating and maintaining the website, but makes no representation that materials on the website are appropriate or available for use in any particular jurisdiction. Use of the website is unauthorized in any jurisdiction where all or any portion of the website may violate any legal requirements and you agree not to access the website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk and, if any part of these Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
WITH THE PRIOR AGREEMENT OF IRR, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THE WEBSITE AND/OR THESE TERMS SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN DENVER, COLORADO, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE EIRRRED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
General
You agree that IRR may at any time and without notice change the terms, conditions and notices under which the website is offered; however, any change to the Terms after your last usage of the IRR website will not be applied retroactively.
You agree that no joint venture, partnership, employment or agency relationship exists between you and IRR as a result of these Terms or your use of this website.
IRR’s performance of these Terms is subject to existing laws and legal process and nothing contained in these Terms is in derogation of IRR’s right to comply with law enforcement requests or requirements relating to your use of the website or information provided to or gathered by IRR with respect to such use.
These Terms and the Privacy Policy constitute the entire agreement between you and IRR with respect to the website. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IRR with respect to this website. No modification of these Terms shall be effective unless it is authored by IRR or its affiliates. Any alleged waiver of any breach of these Terms shall not be deemed to be a waiver of any future breach. A printed version of these Terms and/or of any notice given by IRR in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of this website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by IRR in printed form. THE INFORMATION AND MATERIALS IN THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF IRR OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
Termination of Use
We may, in our sole discretion, terminate, block or interrupt your account or your use of the website at any time. You are personally liable for any services you have requested or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of our website at any time without prior notice. Upon any termination, you shall cease using any portion of the Information.
Contacting Us
If you have any questions about these Terms, please call us at 212-575-2935 visit our Contact page, or write us at: 7800 East Union Avenue, Suite 400, Denver, Colorado 80237. Although IRR will be able to receive communication provided through this website (including, without limitation, service requests and other submissions) in most circumstances, IRR does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that internet e-mail typically is not secure.
