Terms & Conditions
CROSSAMERICA ADVISORS Listing Policy & Guidelines
Terms and Conditions
By using the Services, you are agreeing to be legally bound by this agreement, including the binding arbitration clause contained below. We may make changes to this agreement from time to time, so be sure to check this page regularly
Please read through the Listing Policies and Guidelines (the “Listing Policies”) prior to entering a property listing on the CrossAmerica Advisors website. All listings are subject to the Listing Policies.
All listings entered on CrossAmerica Advisors may be subject to review by CrossAmerica Advisors company personnel (“Research Team”). CrossAmerica Advisors reserves the right, but not the obligation, to review any listing entered by Customer on CrossAmerica Advisors. Although Customer’s listings may be subject to review by the Research Team, Customer remains solely responsible for abiding by the Listing Policies and CrossAmerica Advisors’ Terms and Conditions. The Listing Policies prohibit Customer from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates CrossAmerica Advisors’ Terms and Conditions. By entering listings on CrossAmerica Advisors, Customer warrants and represents that Customer owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit such content. Customer acknowledges that CrossAmerica Advisors cannot police or control all of the content provided by Customer(s) that is made available on CrossAmerica Advisors.
New listings added to CrossAmerica Advisors from first time listers are examined to determine whether such listings are in compliance with the Listing Policies. In the event the Research Team determines a listing (new or otherwise) violates the Listing Policies (including, but not limited to containing inaccurate or incomplete information), the Research Team will contact the Customer about such listing, clearly stating how such listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. CrossAmerica Advisors in its sole discretion reserves the right to remove any and all content that violates the Listing Policies, including disallowing listings from the Service.
All fields noted by an asterisk (*) on the add property page are required fields and must be completed with valid data pertaining to the property being listed (“Required Fields”). Property listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields. If the Customer updates a critical field which conflicts with the company’s property level data, the Research Team will review and approve/deny the updated value. If denied, the value will revert to the company’s property level data value.
All Address fields on CrossAmerica Advisors including Address, City, State and Zip Code are Required Fields. These fields are intended for listing the physical address in the United States, Canada, United Kingdom or Spain of the property being listed. In lieu of the address, an intersection or APN is acceptable when the property type is Land / Agriculture, or the construction status of the property is Under Construction / Proposed. These fields are not for the listing of additional information about the property (see Property Description). Entering “Confidential”, “Call Broker”, “Withheld”, or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address1 or City Name fields is strictly prohibited. CrossAmerica Advisors reserves the right to remove any and all property listings with non-address related or invalid information in any address specific field with or without contacting the listing broker.
Property descriptions are for the description of the property that is for sale or for lease only. The posting of contact name, phone number, fax number, company information or URL links for any contacts including those who are not CrossAmerica Advisors members is strictly prohibited in this section. This type of information in the Property Description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in CrossAmerica Advisors removal of all of such Customer’s active listings on the Service until all such content has been appropriately rectified.
Properties must be identified with the appropriate property type. Customer has option to select up to three (3) ‘Also Market As’ property types. CrossAmerica Advisors reserves the right to change or remove property types deemed to be misleading.
A valid Sales Price in the Price Asking field for the listed property is required for all CrossAmerica Advisors Sale Listings and a valid rental rate for each space is required for all CrossAmerica Advisors Lease Listings. CrossAmerica Advisors reserves the right to remove all listings that are deemed to have invalid prices or rental rates including any listing with $0 listed in Lease Rate, Sales Price and Opinion of Value fields.
In order to maximize the features of the CrossAmerica Advisors service, Customers should note certain parameters in the listing process.
CrossAmerica Advisors is a website for commercial real estate. Listing of single-family residences is prohibited on the CrossAmerica Advisors website, except if such residences have a residential income purpose (e.g. to purchase a residence whose customary use has been as a rental property), in which case such properties may by listed under the Residential Income category only. The listing of single family residential income property under all other categories is prohibited. Any listing deemed to be a non-income generating, single-family residence will be removed from the system during the listing approval process and an email will be sent to the Customer stating that the property has been identified as a single-family residential property.
CrossAmerica Advisors prohibits the listing of a single property more than once on the web site at the same time. A duplicate is defined as the same space and property availability listed under more than one Listing ID. CrossAmerica Advisors reserves the right to remove any and all listings that are determined to be duplicates with or without contacting the listing broker. Customers may, however, list a property for sale and for lease at the same time.
Business for Sale Listings:
CrossAmerica Advisors prohibits Business for Sale listings if there is no commercial real estate for sale. Business for Sale listings with commercial real estate for sale are permitted and must adhere to the Listing Policy.
CrossAmerica Advisors prohibits the listing of the same space more than once on the web site at the same time. A space listing is defined as a single suite or unit of space listed for lease. CrossAmerica Advisors provides minimum divisible/maximum contiguous options for divisible space. Total space available in a building cannot exceed the total square footage of the building and total space available per floor cannot exceed the typical floor size. CrossAmerica Advisors reserves the right to combine duplicate space listings into a single listing or to remove the listing from the system with or without contacting the listing broker.
Listing Quantity, Submission, and Display:
Members may list an unlimited number of listings on CrossAmerica Advisors.com.
Use of Photographs, Videos and Document Attachments
Building photographs, videos and document attachments posted, attached, or affixed to listings must be actual photographs/videos/documents of the building being listed. All such photographs, videos and document attachments must be either (a) the property of the listing broker or (b) the listing broker must have received all necessary rights and authorizations, including from the photographer/videographer and/or copyright owner of any photographs/videos, to publish such photographs/videos on the Customer’s website or on CrossAmerica Advisors’ website for the purpose of advertising the subject property. Photographs, videos and document attachments uploaded that are not directly related to the building or property being listed, including brokerage company logos, may be removed at the discretion of CrossAmerica Advisors.
Customers are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the CrossAmerica Advisors Service.
Listings on CrossAmerica Advisors are for properties that are currently offered for Sale or Lease. It is not permitted to post listings on the Service that have already been sold or are no longer on the market, i.e. posting listings on the Service for marketing or advertising purposes (“Billboard Listings”). All listings for properties already sold or off-market will be removed.
CrossAmerica Advisors offers the ability to search for properties on key words. This is designed to enable searchers to narrow their criteria based on specific requirements. Keyword manipulation is unfair to searchers by returning listings that clearly do not meet their criteria. Keywords identified in the property name, property description, location description or property highlights field that are clearly not relevant to the property being marketed will be removed by Listing Review. Habitual abuse of this policy by a Customer may, at the sole discretion of CrossAmerica Advisors, lead to the removal of all of that Customer’s active listings from the web site and suspension of that Customer’s ability to list properties on the Service.
Use of profanity or vulgar language in any section of the CrossAmerica Advisors database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Service immediately. Customers posting such language to the CrossAmerica Advisors web site may be subject to disciplinary action, including indefinite suspension of a Customer’s account, temporary suspension or a formal warning.
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of California, Orange County. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.
SERVICES AUDITING AND MONITORING
- Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.
- Compliance with Applicable Laws: The Services are controlled within the United States of America and directed to individuals residing in the United States. We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. We reserve the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in our sole discretion. You represent and warrant that: (a) you are not located in a country subject to trade sanctions or economic embargoes under the laws of the United States of America (“US Sanctioned Countries”); (b) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are (i) listed on the list of Specially Designated Nationals and Blocked Persons published by the Office of Foreign Assets Control, U.S. Department of Treasury (“OFAC”) (available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) (an “OFAC Listed Person”), (ii) an agent, department, or instrumentality of, or is otherwise beneficially owned by, controlled by or acting on behalf of, directly or indirectly, any OFAC Listed Person or US Sanctioned Country, or (iii) otherwise blocked, subject to sanctions under or engaged in any activity in violation of other U.S. economic sanctions; and (c) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are in violation of (i) any applicable anti-money laundering laws, including those contained in the Bank Secrecy Act; (ii) any applicable economic sanctions laws administered by OFAC of the U.S. Department of State; or (iii) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal.
Use of Information
You agree to treat all information obtained from the Service, including CrossAmerica Advisors Materials, listings, member directory, historical transaction information (“Property Comps”), and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to CrossAmerica Advisors. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of CrossAmerica Advisors. CrossAmerica Advisors does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence.
Email addresses that a Member uploads to Marketing Tools are for Member’s use only; CrossAmerica Advisors agrees not to use a Member’s Marketing Tools contact list.
You shall limit access to, viewing of, and use of active property listings and broker directory information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the CrossAmerica Advisors Service as part of any effort to compete with CrossAmerica Advisors, including without limitation using the CrossAmerica Advisors Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential CrossAmerica Advisors customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the CrossAmerica Advisors Service. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy CrossAmerica Advisors products, services or information; decompile, decode or reverse engineer CrossAmerica Advisors software; or use CrossAmerica Advisors products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Members and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. CrossAmerica Advisors is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of these binding Terms and Conditions that relate to confidentiality of account, login or password information.
Unsolicited Commercial Email (Spam)
CrossAmerica Advisors prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Contact Listing Broker, Send to Friend service, Pro Tools, or other email services that CrossAmerica Advisors offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Pro Tools, you agree to send email only to those who have given You consent or with whom You have an established business relationship. CrossAmerica Advisors has the right to revoke the privileges of any party who breaches these terms.
CrossAmerica Advisors reserves the right to terminate or suspend a Customer’s account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of CrossAmerica Advisors services, nonpayment of fees owed by you in connection with CrossAmerica Advisors or its affiliates’ services, account inactivity or technical or security issues. Upon termination, CrossAmerica Advisors shall have no obligation to maintain or forward any content in your account.
Limitation of Liability and Indemnification
IN NO EVENT SHALL CROSSAMERICA ADVISORS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF CROSSAMERICA ADVISORS’ SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and CrossAmerica Advisors’ entire liability under these Terms and Conditions shall be a refund of the fees paid to CrossAmerica Advisors hereunder, and in no event will CrossAmerica Advisors’ liability for any reason exceed such fee. CrossAmerica Advisors (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify CrossAmerica Advisors (and CrossAmerica Advisors’ officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND CROSSAMERICA ADVISORS MARKET TREND REPORTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CROSSAMERICA ADVISORS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR CROSSAMERICA ADVISORS MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND CROSSAMERICA ADVISORS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. CROSSAMERICA ADVISORS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO CROSSAMERICA ADVISORS’ SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM CROSSAMERICA ADVISORS’ WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND CROSSAMERICA ADVISORS MARKET TREND REPORTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CROSSAMERICA ADVISORS OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Brokers and Agents
Any Customer who identifies himself or herself as a broker or agent on the CrossAmerica Advisors website member registration form or otherwise purports to be a broker on CrossAmerica Advisors’. Find a Broker service hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. CrossAmerica Advisors does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the CrossAmerica Advisors website.
Waiver and Severability
The failure of CrossAmerica Advisors to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, you agree that the remaining terms and provisions remain in full force and effect.
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at CrossAmerica Advisors.
Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement