This document is an agreement between TheCommercialBroker.com ("TCB") and its members. It concerns the legal framework in which you participate on TCB, what your rights and responsibilities are and what you can expect from TCB. Use of this Web site constitutes acceptance of these Terms of Service and our Privacy Policy.

TCB's Rights and Responsibilities

TCB is not the publisher or author of any works posted by its members. It is a passive service for storage and dissemination of the works that TCB members may choose to post and distribute via TCB. TCB management does not screen works before they are posted, and no prior approval is required for posting. TCB disclaims all copyright and ownership in such works and all responsibility for them.

Although it cannot make an absolute guarantee of system security, TCB takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact TCB staff for help.

If TCB technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, TCB reserves the right to delete those files or to stop those processes. If TCB technical staff suspects an account is being used by someone who is not authorized by the account holder, TCB may temporarily disable that account in order to preserve system security. In all such cases, TCB will contact the member as soon as feasible.

TCB reserves the right to refuse service to anyone and to cancel an account at any time.

TCB is provided "as is" without warranty of any kind. TCB will not be liable for incidental, consequential, or any other damages.

Your Rights and Responsibilities as a TCB Member and Contributor

You are legally and ethically responsible for any works - writings, files, pictures, or any other work - that you post or transmit using any of TCB's services: email, conferencing, the World Wide Web, USENET, or any other service that allows interaction or dissemination of information. In posting works on TCB, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy, the right not to be libeled or slandered. For example, if you wish to post a copyrighted work on TCB, you are responsible for obtaining the copyright holder's permission first.

Under U.S. law, you retain copyright on all works you create and post to TCB, unless you choose specifically to renounce it. In posting a work on a service offered by TCB, you authorize other members who have access to that service to make personal and customary use of the work, including creating links to or reposting among TCB-only conference areas to which the author has access, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to TCB to copy your works as part of the normal backup process, and to conference hosts to archive topics containing your works. You have the right to remove any of your works from TCB at any time.

Illegal activity under the laws of Florida and the United States using your TCB account is a violation of this agreement. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside TCB's locality or your own residence. TCB is open to members worldwide (and works published on the World Wide Web, Usenet, or other such services are accessible to anyone on the Internet), and TCB cannot guarantee that you won't run into legal trouble from other jurisdictions over your works.

Your Responsibilities as a TCB Member and Reader

You agree to provide your real name when signing up as a TCB member. TCB normally does not permit anonymous or pseudonymous accounts. Exceptions to this general rule require special arrangements with TCB management.

If you have a complaint about the behavior or posts of another member, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly. If that doesn't help, and your complaint is about interactions or material in a specific conference, you should also feel free to contact that conference's host for help. Normally, TCB staff will not take a role in mediating conflicts between you and other members. TCB does not take responsibility for your behavior or that of other members of the system. However, a TCB member has the right to expect not be bothered by others against his or her will. For this reason, utilities exist on TCB to deny access via private communication from individuals or the public at large. You can install these protections at any time, or contact TCB staff for help. You agree not to attempt to bypass these protections if installed by another member.

Your access to the works that members have posted on TCB is for your personal use only. If you want to redistribute works you find on TCB, it is your responsibility to obtain permission from the poster (and any other person with rights in the material).

You take responsibility for all authorized use of your TCB account, and for all contributions to any service offered by TCB that you post from your TCB account.
You agree to help protect your account and the security of other members by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact TCB staff as soon as possible.

You agree not to use the system for illegal activity or for violating the privacy or security of other members.

 Web Links

This website may contain links to sites and servers maintained by third parties over which TCB has no control.  These sites are independent from TCB and the links have been provided solely for the convenience of users of this website. TCB does not endorse, control or make any representations, warranties or conditions concerning their content or links.

Limitation of Liability


TCB, its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the "TCB Entities") are not responsible for any loss or damage you suffer, or any party claiming through or under you, as a result of or related to use, misuse or inability to
use the website including, but not limited to:

(a) the performance of the Internet;


(b) the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from  the Internet;


(c) loss or damage resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product  or service

accessible through the Internet, even if you were not aware that any such loss would be incurred;


(d) loss or damage resulting from delays, computer viruses or interruption of the website, including deletion or failure to  store messages, regardless of cause;


(e) loss or damage to your equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays,  errors, non-delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Internet; and


(f) any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to business  interruption or loss of data, revenue or lost profit, resulting from or relating in any way to use of the website even if the  TCB Entities have been advised of the possibility of such damages.

This limitation applies regardless of the form of action, whether based on warranty, contract, tort or other legal theory.

Disclaimer

Without limiting the foregoing, this website and its content is provided to you "as is" and "as available" and TCB, to the fullest extent permitted by law, disclaims all warranties of every kind, whether express or implied, statutory or otherwise. TCB explicitly disclaims any representation, warranty or condition of merchantability, fitness for a particular purpose, durability, title, non-infringement of intellectual property rights, uninterrupted or error-free service, or inter-operability of products and services, whether arising by usage of trade, course of dealing, course of performance, statute, or otherwise.

You expressly acknowledge and agree that all use of the website is at your own risk.

You may cancel your account at any time by contacting TCB .

TCB reserves the right to change the terms of this agreement at any time.

TCB may assign and delegate its rights and obligations to any successor to all or part of its business or assets.

Indemnity

You agree to defend, indemnify and hold harmless the TCB Entities from all demands, claims, liabilities, costs, expenses and damages, including legal fees, related to any violation of the Terms and Conditions by you, or in connection with your use of this website, without limitation.

General

The Terms and Conditions represent the entire agreement between ECSI and you concerning the use of this website and its content.

ECSI's failure to insist upon or enforce strict performance of any provision of the Terms of Service  shall not be construed as a waiver of any other provision or right.

In the event that any portion of the Terms of Service is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remainder of the Terms of Service shall remain in full force and effect. 

This agreement supersedes all other agreements or understandings regarding this subject matter, and is governed by the internal laws of the United States and the state of Florida.