Terms of Use

Terms of Use Agreement Between User and Light Rail Advisors, LLC

The web pages located at www.lightrailconnect.com, (“LRA Websites”) include various websites and pages owned and/or operated by Light Rail Advisors, LLC (“LRA”) and are provided for the purpose of creating a community environment for providing information about employment opportunities and properties that are for sale or for lease within a light rail corridor (“Corridor”).  LRA may also offer business advertising through business directories and/or video products and services.

Use of the LRA Websites is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the LRA Websites constitutes your agreement to all such terms, conditions, and notices. If you do not agree with the data practices described below, you should not access or use the LRA Websites.

Advertising – www.LightRailConnect.com/realestate

Property Advertising at the LRA Websites is intended to promote individual properties that are for sale or lease through video footage, digital pictures, and descriptions. When necessary, LRA obtains all approvals necessary to allow this Advertising. LRA intends but cannot ensure that all properties are in the Corridor. Please also refer to the paragraph below titled “Property Catalog”. THERE WILL BE NO REFUNDS OF FEES FOR SERVICES PROVIDED.

Advertising – Business

Business Advertising is intended to promote any legitimate business operation through the posting of video footage, digital pictures, a directory listing, or any combination of these activities. THERE WILL BE NO REFUNDS OF FEES FOR SERVICES PROVIDED.

Advertising – www.LightRailConnect.com/rentals

LRA offers users levels of rental advertising for a fee based upon placement of an online property advertisement. The price sheet is available in the Shopping Cart. Pricing is based on the length of time an apartment is advertised on the website.  LRA reserves the right to change the rental advertising pricing any time without prior notice. LRA intends but cannot ensure that all rentals are in the Corridor. THERE WILL BE NO REFUNDS OF FEES FOR SERVICES PROVIDED.

Advertising – www.LightRailConnect.com/jobs

LRA offers employers the ability to advertise job postings online for an advertising fee. Job seekers view job postings, post resumes and contact employers directly for more information. LRA intends but cannot guarantee that all jobs are in the Corridor. THERE WILL BE NO REFUNDS OF FEES FOR SERVICES PROVIDED.

Property Catalog

LRA is developing a “Property Catalog” (“Catalog”) for certain specific areas that may include some or all parcels that fall along the Corridor. The light rail corridor definition is entirely the opinion of LRA and has no public or private approval. The catalog is made available for public, non-commercial use which includes the ability to view a property and related information.
Property information that is contained in the Corridor is deemed reliable but may contain substantial factual errors or omissions for which LRA is specifically disclaiming any liability. Please refer to the “Disclaimer and Limits of Liability” paragraph below that addresses this issue. In addition, the Catalog may contain digital photography and/or video footage of buildings and land which have specifically been obtained by LRA efforts. These photographs are copyrighted materials and cannot be used for any commercial purpose unless express agreed to in writing by LRA. In addition, from time to time a property may have a listing contract for sale or lease with a Broker. Please refer to the “Disclaimer and Limits of Liability” paragraph below that addresses real estate listings.

Disclaimer and Limits of Liability

THIS TERMS OF USE AGREEMENT IS NOT A REAL ESTATE LISTING CONTRACT AND USE OF THE LRA WEBSITES SHALL NOT BE CONSTRUED AS A REAL ESTATE LISTING SERVICE. THE LRA WEBSITES ARE INTENDED TO BE USED FOR GENERAL ADVERTISING PURPOSES ONLY.  PRINCIPALS, BUSINESS OWNERS, LICENSED REAL ESTATE AGENTS AND BROKERS MAY BECOME USERS OF THE LRA WEBSITES BY ENTERING INTO A MEMBERSHIP AGREEMENT.

ANY CONTRACTUAL LISTING AGREEMENT FOR COMPENSATION FOR REAL ESTATE SERVICES IS STRICTLY OUTSIDE THE INTENT, SCOPE AND BOUNDRY OF THIS TERMS OF USE AGREEMENT.  THE OWNERS OF THE LRA WEBSITES HAVE A CONTRACTUAL AGREEMENT FOR COMPENSATION WITH 1ST USA COMMERCIAL PROPERTIES, LLC AND ARE LICENSED REAL ESTATE AGENTS IN THE STATE OF ARIZONA.  LRA IS SOLELY RESPONSIBLE FOR THE CONTENTS AND OPERATION OF THE WEBSITES AND 1ST USA COMMERCIAL PROPERTIES, LLC SHALL HAVE NO LIABILITY OF ANY KIND HEREUNDER. ALL INFORMATION REGARDING PROPERTIES FOR SALE, RENTAL OR FINANCING PROVIDED AT THE LRA WEBSITES MAY OR MAY NOT BE RELIABLE, AND NO WARRANTY OR REPRESENTATION IS MADE TO THE ACCURACY THEREOF.  ALL INFORMATION SUBMITTED BY THIRD PARTIES IS SUBMITTED SUBJECT TO ERRORS, OMISSIONS, CHANGE OF PRICE, RENTAL OR OTHER CONDITIONS PRIOR TO SALE, LEASE OR FINANCING OR WITHDRAWAL WITHOUT NOTICE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LRA Websites MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LRA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LRA Websites AT ANY TIME. ADVICE RECEIVED VIA THE LRA Websites SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

LRA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LRA Websites FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LRA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LRA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LRA Websites, WITH THE DELAY OR INABILITY TO USE THE LRA Websites OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LRA Websites, OR OTHERWISE ARISING OUT OF THE USE OF THE LRA Websites, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LRA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LRA Websites, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LRA Websites.

Modification of these Terms of Use

LRA reserves the right to change the terms, conditions, and notices under which the LRA Websites is offered, including but not limited to any charges associated with the use of the LRA Websites.

Links to Third Party Sites

The LRA Websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of LRA and LRA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LRA is not responsible for webcasting or any other form of transmission received from any Linked Site. LRA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LRA of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the LRA Websites, you warrant to LRA that you will not use the LRA Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the LRA Websites in any manner that could damage, disable, overburden, or impair the LRA Websites or interfere with any other party’s use and enjoyment of the LRA Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the LRA Websites.

Use of Communication Services

The LRA Websites may contain real estate advertisements, job solicitations, resumes, commercial advertisements, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

LRA has no obligation to monitor or police the Communication Services. However, LRA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. LRA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

LRA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LRA’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or any other person in any Communication Service. LRA does not control or endorse the content, messages or information found in any Communication Service and, therefore, LRA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in or reliance on any Communication Service. Managers and hosts are not authorized LRA spokespersons, and their views do not necessarily reflect those of LRA, its owners, officers, officers and agents.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to LRA or Posted at any LRA Website

LRA does not claim ownership of the materials you provide to LRA (including feedback and suggestions) or post, upload, input or submit to any LRA Websites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting LRA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

Any employment or job posting or listing or other related information (“Employment Information”) that you provide to LRA for use at the Websites shall be considered a Submission and is automatically licensed to LRA for LRA’s use at the Websites.  You are solely responsible for the accuracy and completeness of all Employment Information that you provide to LRA for posting or other use at the Websites.  LRA is not responsible for the accuracy and completeness of any Employment Information provided by any user to the LRA Website.  Accordingly, each user is responsible to determine whether or not the Employment Information is reliable and suitable for the user.

Any real estate posting or listing or other related information (“Real Estate Information”) that you provide to LRA for use at the Websites shall be considered a Submission and is automatically licensed to LRA for LRA’s use at the Websites.  You are solely responsible for the accuracy and completeness of all Real Estate Information that you provide to LRA for posting or other use at the Websites.  LRA is not responsible for the accuracy and completeness of any Real Estate Information provided by any user to the LRA Website.  Accordingly, each user is responsible to determine whether or not the Real Estate Information is reliable and suitable for the user.

No compensation will be paid with respect to the use of your Submission, as provided herein. LRA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in LRA’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary under the copyright laws of the United States of America for you to provide, post, upload, input or submit the Submissions.

Service Contact: admin@lightrailconnect.com

Termination or Access Restriction

LRA reserves the right, in its sole discretion, to terminate your access to the LRA Websites and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, U.S.A. in all disputes arising out of or relating to the use of the LRA Websites. Use of the LRA Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LRA as a result of this agreement or use of the LRA Websites. LRA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LRA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the LRA Websites or information provided to or gathered by LRA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LRA with respect to the LRA Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LRA with respect to the LRA Websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.