Terms of Use

The Rofo Group, Inc. ("Rofo.com") allows You to locate and/or market real estate properties quickly and conveniently. We offer a simple and easy to use Web Site with powerful tools to give You the best possible search/advertising experience for real estate, including office space, retail, industrial, multi-family (apartments), residential and commercial land. Rofo.com is not, however, a party to, nor do we have any involvement with or knowledge of specific terms of, any agreement between You and any property.

We offer various services to You based on Your agreement to the following terms without any modification. By registering with Rofo.com and/or use of Rofo.com, You agree to be bound by the following Terms of Use. These Terms of Use are subject to change at any time, without prior notice. You are responsible for checking the most current version of the Terms Of Use.

Rofo.com respects your privacy. Please see our Privacy Policy.

Access to the Service

You agrees that You will not: (a) without our prior written permission use any spider, robot, or other automatic device, or manual process to copy or monitor web pages or the content contained on the Rofo.com web site or for any other unauthorized purpose; (b) use any device, software, or routine to interfere with the functioning of the Rofo.com web site; and (c) take any action that imposes an unreasonable load (i.e., a load greater than necessary for individual personal, noncommercial use) on Rofo.com hardware and software infrastructure. In addition, You covenant and represent that You will not use the Rofo.com web site for any purpose other than those that are personal and non-competitive with Rofo.com, nor will You use this web site in violation of the law or these Terms of Use. You may not use the email services that we offer to send spam (i.e., unsolicited commercial email) or otherwise send content that would violate these Terms of Use.

Use of third party services
As a part of our service, Rofo.com offers links to web sites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Rofo.com does not operate or control in any way any information, software, products or services available on such web sites. Rofo.com's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Fees Requirements

Rofo.com offers a variety of services for its customers. To receive certain of these services, You must agree to payment obligations for such service.

Payment of Charges

A. Subscription Packages:
Rofo will make available to You one or more Subscription packages for the Rofo Service. The term of the Subscription (the "Subscription Term") and benefits of each Subscription package as well as the fees and charges applicable to such Subscription (the "Subscription Fees"), are set forth at http://www.rofo.com/subscription_plan. Rofo provides tools and services to connect You to users of the Site who are searching for properties and have provided their contact information and key property requirements to Rofo (a "Qualified User").

Subscription packages will automatically renew for an additional Subscription Term equal to the length of the original Subscription Term unless you request cancellation at least five (5) days prior to the renewal date. The Subscription packages available and the Subscription Fees and other terms and conditions applicable thereto are subject to change by Rofo at any time by posting such revisions on the Site. Such changes shall be applicable to any new Subscription Term commencing after such changes are posted on the Site.

You agree to pay all Subscription Fees in advance in U.S. Dollars. You must provide Rofo in advance with a valid credit card or other payment method approved by Rofo, and you authorize Rofo to automatically charge any Subscription Fees to such credit card or other payment method until your Subscription is cancelled or otherwise terminated.

Credit card transactions require an acceptable and currently working credit card number. In certain cases, a non-refundable setup fee may be charged before the account will be enabled. Rofo.com may terminate or disable Your account if You fail to pay any amount due to Rofo.com when due. If Your credit card expires or otherwise declines payment, access to www.rofo.com can be modified or suspended.

Each time our services are used, You are affirming that Rofo.com is authorized to obtain payment from You through the selected payment method. All fees are quoted and payable in United States dollars. You are also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to Rofo.com including Charges incurred on your account by You or anyone You allow to use Your account.

In the event that Subscription Fees are not paid on a timely basis, including without limitation due to an invalid or expired credit card number, Rofo may, in addition to any other available remedies, suspend or terminate your Subscription, and any unpaid amounts will bear interest at the rate of one and one half percent (1.5%) per month (or the highest rate permitted by law, if less). Subscription Fees and Success Fees are exclusive of applicable taxes. The entire amount of unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. You agree to pay all costs of collection, including legal fees, incurred by Rofo. Each time Rofo services are used, YOU affirm that Rofo is authorized to obtain payment from You through the selected payment method. All fees are quoted and payable in United States dollars. You are also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to Rofo including Charges incurred on your account by You, or anyone You allow to use Your account. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of Rofo. Nothing in these Terms obligates Rofo to extend credit to any party.

B. Payment Methods
We accept major credit cards including Visa and MasterCard, and may accept bank drafts including personal checks, money orders, cashiers checks, and company checks. Rofo.com may charge a twenty-five dollar ($25.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

C. Account Discrepancies
You may always contact customer relations by e-mail or telephone concerning Charges or other questions regarding the status of Your account. If You dispute any charges made or believes that there is a discrepancy, You must notify us in writing within 30 days from the date of the charge; failure to so notify us shall result in the waiver by You of any claim relating to any such disputed charge or discrepancy.

Service Changes

Rofo.com reserves the right with or without notice to You at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Rofo.com shall have no liability to You or any third party should Rofo.com modify or discontinue service.

Obligations of Individuals Registered with Rofo.com

By completing your registration with Rofo.com, You agree that:
a. You are interested in renting, leasing, selling or offering for rent, lease, sublease or sale of real estate, or You are interested in obtaining or providing services related to such activities, such as moving services, telco services, etc.;
b. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in Rofo.com and its services;
c. You are not prohibited by any exclusive contractual agreement from contracting with Rofo.com;
d. You agree to be contacted via Email and other means by Rofo.com, and third parties, if relevant, regarding Rofo.com services;
e. All information You submit to Rofo.com or approve is accurate and complete and You will maintain and promptly update such information to ensure accuracy at all times;
f. If You are a licensed real estate salesperson, broker associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight, You have secured and will maintain any required supervising broker's authorization and payment of a fee that will be incurred by virtue of Your use of Rofo.com and its services;
g. You will not refer any Rofo.com-supplied leads to any other person or entity without written notification to Rofo.com;
h. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents, if applicable, in the areas for which You have requested the services of Rofo.com; and
i. You acknowledge that Rofo.com recommends the independent use of all appropriate government, public, consumer and other agencies or sources to verify any property before entering into a lease or rental or purchase agreement as Rofo.com makes no such representations and or warranties about any property.

License

By submitting or approving for posting content, photos, video, data or other materials directly through the Rofo web site (collectively, "Materials"), You hereby grant to Rofo.com a perpetual, irrevocable, world-wide, royalty-free, non-exclusive, fully transferable and sublicensable right and license to reproduce, modify, adapt, publish, access, store, copy, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights or syndicate the Materials through multiple tiers with or without attribution of such Materials solely for the purpose of displaying, distributing or promoting Rofo.com services. Furthermore, you grant to Rofo.com a perpetual, irrevocable, world-wide, royalty-free, non-exclusive right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Materials.

Interactive Areas

The Rofo.com web site may offer reviews, blogs, forums, comments areas, bulletin boards and chat rooms (collectively, "Interactive Areas") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which s/he can express her/his opinions and share ideas. Rofo.com does not endorse the accuracy or reliability of any advice, opinion, statement or information posted in any of these Interactive Areas Please use your best judgment, and be respectful of other individuals using these Interactive Areas. Do not use or allow vulgar, abusive or hateful language. You may not use or allow the use of the Interactive Areas for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Rofo.com web site without the express permission of the owner of that material is expressly prohibited and may result in civil and/or criminal liability. Any information You disclose when posting a message in these Interactive Areas may become public. You should not include any information in your posting that You do not want other parties to see or use. You hereby agree that You will irrevocably release and not hold Rofo.com responsible for any third party's use of information contained in such posting.

Rofo.com Rights

Given the nature of the Rofo.com web site and the volume of Materials submitted, Rofo.com cannot and does not monitor all of the Materials posted or transmitted by You and other third-party information providers via the web site, including, without limitation, any Materials posted via the Interactive Areas. You expressly agree that Rofo.com: (a) will not be liable for Materials; (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you; and (c) shall have the right to terminate or restrict access to any blog on the Rofo.com web site.

Representations and Warranties

You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Use, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the web site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the web site shall not violate any applicable law or regulation, or cause injury to any person; (e) your use of the web site shall not violate any agreements between you and a third party.

Indemnification

You agree to indemnify completely and hold Rofo.com, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials You provide or approve for publication, (b) Your use of the web site or your reliance on the Content or Your use of Rofo.com's services, (c) Your breach of these Terms, or (d) any actual, prospective, completed or terminated purchase, sale, lease or other transaction between you and a third party.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Rofo.com web site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Site or for any other unauthorized purpose without Rofo.com's prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Rofo.com web site or Rofo.com's hardware and software infrastructure or that of any of its Licensors or Suppliers.

Termination

Rofo.com reserves the right in its sole discretion, and without any prior notice, to terminate Your access to this web site for any reason, including Your breach of these Terms of Use, the terms and conditions of any service for which You may have registered, or a violation of the rights or another user or the law.  You may unsubscribe from any further communication from Rofo.com at any time by delivering a written notice addressed to support@rofo.com. You shall be responsible for ensuring delivery of the notice to Rofo.com.

Copyright

All contents of the Rofo.com web site are Copyright 2012 The Rofo Group, Inc. All Rights Reserved.

It is the policy of Rofo.com to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these sites:

The Rofo Group, Inc.
Attn: President
27 Maiden Lane, Suite 700
San Francisco, CA 94108
USA

Email: generalcounsel@rofo.com

To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimers and Limitations

Rofo.com intends that the information contained on our web site be accurate and reliable; however, errors sometimes occur. In addition, Rofo.com may make changes and improvements to the information provided herein at any time. Accordingly, Rofo.com does not guarantee the accuracy of any information available on this web site, and is not responsible for any errors, omissions, or misrepresentations. Any information including availability, features, floor plans and rent ranges are subject to change without prior notice and should be verified independently with the Property. All properties are subject to prior lease or sale.

 

THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." ROFO.COM AND/OR ITS SUPPLIERS AND PARTICIPATING PROPERTIES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF ROFO.COM SERVICES IS AT YOUR OWN RISK. ROFO.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ITS SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ROFO.COM HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Errors and Delays

Rofo.com is not responsible for any errors or delays caused by an inaccurate or incorrect e-mail address provided by You or other technical problems beyond our reasonable control.

Other Terms

These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco , California. You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of or related to use of Rofo.com or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any part of these Terms of Use are 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. 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. All rights not expressly granted herein are reserved.

Last Updated: May 22, 2012