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Copyright © 2021 acbd Media, LLC. All Rights Reserved.
Updated Sept. 1st, 2020
ACBD Media, LLC works with licensed real estate agents and brokerages in certain states (see Section 21). Only licensed real estate representatives with “@POTPROP.COM” (e.g. FirstName@potprop.com) email addresses may (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property or business, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property when licensed agent makes user aware of real estate license status and is acting as a transaction representative for a separate legally licensed real estate brokerage (see Section 21). PotProp assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.
(c) www.CommercialMarijuanaRealty.com; (d) www.MarijuanaRealEstateColorado.com.
3. Referrals. While you are not responsible for making referral payments to PotProp, as part of the Services, PotProp may be paid valuable consideration in exchange for your referral to a real estate professional ("Real Estate Referral"). You authorize PotProp to make such Real Estate Referral and acknowledge PotProp may be paid valuable consideration for facilitating such referral. Additionally, as part of the Services, you may be referred to PotProp’s affiliate, CMRE LLC ("CMRE"), a licensed real estate brokerage. CMRE provides real estate services, has no associate brokers, and primarily conducts business as a referral brokerage (see Section 21).
5. Use of the Services; Restrictions.
C. Submission and Administration of Opportunities
Customer agrees not to submit through the Websites any description, photograph, financial, contact or any other listing information to publish and advertise a business opportunity using the Services unless customer has received all necessary rights, consents and/or authorizations from the appropriate parties, including, without limitation, photographers and/or copyright owners of any photographs. Customer agrees not to submit any image to PotProp which contains any misrepresentations or unsuitable, inappropriate or controversial content. Only one listing on the PotProp Websites published using the Services is permitted for each business opportunity (e.g., multiple business advertisements within a listing, or multiple listings for the same opportunity, is not permitted), and a listing may not be modified or edited in an attempt to sell a different business entity. Additionally, Customer agrees to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the PotProp Websites. PotProp shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Websites and PotProp shall have the right to modify the listing in the exercise of its rights under this Agreement. Customer (a) represents and warrants that all property, business, and associated information provided by customer will be accurate, and to the extent applicable, Customer has acquired or obtained all the required licensing, permits and legal authority to market and sell the property/business in the location in which it is advertising; (b) agrees that Customer will not permit the posting of a property/business on the Websites under an address or name other than that of the property or business owner or the named licensed business agents that have been engaged by the property/business owner to market the property/business under the terms of a duly executed, active and exclusive listing agreement with the owner; (c) agrees to administer and maintain the accuracy of listings provided by Customer at all times. PotProp reserves the right to remove all or any part of the listings posted on the PotProp websites. PotProp accepts no responsibility for checking the accuracy of reports or data files submitted by Customer.
D. Use of Information. All information obtained from the Services made available to Customer in the Services (individually and collectively, the "Content") is proprietary to PotProp and its licensors, and is protected by copyright and other U.S. and international intellectual property rights, laws and treaties. Customer agrees that Content reserved for Members will be treated as proprietary, maintained as confidential and shall be protected as a trade secret of PotProp. PotProp does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device. Customer shall not modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Services, 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 Services. Customer shall not access or use any portion of the Services if you are a direct or indirect competitor of PotProp, nor shall you provide, disclose or transmit any portion of the Services to any direct or indirect competitor of PotProp (by way of example, a "direct or indirect competitor" of PotProp includes, but is not limited to, Internet listing services or other business information services and employees, independent contractors and agents of such services). Customers violating these specific terms, specifically those customers searching the Services in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $1000. PotProp reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property/business posted on the Services. The Customer is entirely responsible, and PotProp accepts no responsibility, for the Content from the Customer. While PotProp shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to PotProp. PotProp may add digital watermarks to certain parts of your property, business or Content, including photographs. PotProp adds these digital watermarks to protect against the copying or further distribution of your photographs without your permission. Customer agrees that PotProp may adjust portions of the information contained within the Services (e.g., within property and business Content). Any such adjustments will have no material impact on the meaning and interpretation of property or business Content, but will serve as a means of uniquely identifying the property and professional listings as having been supplied to the Customer. Customer accepts that this is a legitimate and lawful security precaution on the part of PotProp.
6. Prohibited Use.
BY USING THE SERVICES, YOU AGREE NOT TO:
use information provided by PotProp through the Services in making any loan-related decisions;
provide/post/authorize a link to any of the Services from a third-party website that is not a real estate-related website owned or operated by PotProp as defined in Section 2;
remove or modify any copyright or other intellectual property notices that appear in the Services;
use the Services in any way that is unlawful, or harms PotProp, its service providers, suppliers, or any other user;
distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
impersonate another person or misrepresent your affiliation with another person or entity;
reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by PotProp for a particular portion of the Services;
upload invalid data, viruses, worms, or other software agents to the Services;
interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures PotProp may use to prevent or restrict access to the Services;
conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing "captcha" or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
use any of PotProp’s trademarks without approval, including but not limited to using them as part of your business name, screen name or email address on the Services;
access or use any of the Services to develop competitive products or services; or
attempt to, or permit or encourage any third party to, do any of the above.
submit content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
use landing pages and business practices that contain deceptive, false, or misleading content, including deceptive claims, offers, or methods.
A. Additional Restrictions
Customer acknowledges all listings may be for established businesses, business real estate for sale, business real estate for lease, or asset sales (e.g., sale of equipment, fixtures, applicable licenses, etc.). Listings for properties/businesses that are no longer active or available for sale must be immediately removed from the Websites. PotProp reserves the right, in its sole discretion, to remove any listing from the Services.
B. Term and Termination. PotProp offers subscriptions to the Services through a number of products which vary and follow the term, renewal, and billing provisions as described below.
Advertising subscriptions are purchased through https://www.potprop.com/advertise. Customer may select a Basic+ (three-month term), GoldPro+ (four-month term), or Premier+ (annual term) advertising package. Customer agrees to pay for the full value of the package (flat-rate for length of term) at the time of purchase. After the initial term, individual listings do not automatically renew. Customer may cancel a listing at any time after the initial term, but the cancellation will take effect at the expiration of the then-current term. Customer agrees that the fees paid for the initial term or any renewal month are non-refundable unless otherwise agreed upon by checking the box in the Listing Fee section in the Advertising Agreement (separate).
(iii) Membership Rights:
Membership rights are granted by PotProp to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the PotProp website without express written permission from PotProp, and by registering for a membership, you represent and warrant that you are not a competitor of PotProp or acting on behalf of a competitor of PotProp in registering for and accessing the Services. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of PotProp. By completing the registration process, Customer represents and warrants that the information provided is true, accurate, complete, and current. PotProp has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Agreement as posted and displayed on the PotProp website, or abuses their rights related to the PotProp service.
(iv) Payment Terms
Customer agrees to pay for all products ordered through the PotProp website using PayPal through https://www.potprop.com/checkout and provides PotProp express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of PotProp products, services, or information (collectively "Purchases") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Purchases.
8. User Materials.
9. Third Party/Linked Services/Sent information.
B. Additional Terms for Third Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
10. Intellectual Property.
11. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any PotProp Materials (“Feedback”), then you hereby grant PotProp an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services.
12. DMCA; Claims of Copyright Infringement. PotProp respects the intellectual property rights of others and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify PotProp’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
ACBD Media, LLC.
1550 Wewatta Street, Attn: 2nd Floor
Denver, CO 80202
Attention: Copyright Agent
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
B. Other Terms. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services.
21. Contact Information and License Disclosures. The Services are offered by ACBD Media, LLC and its affiliates, located at 1550 Wewatta St., Floor 2, Denver, CO 80202. You may contact PotProp by sending correspondence to that address or emailing firstname.lastname@example.org. PotProp’s affiliate CMRE LLC holds a real estate brokerage license in the state of Colorado. All referral fees from licensed real estate agents in states outside of Colorado are made payable to CMRE LLC. Real estate and business transactions conducted within the state of Colorado are done through CMRE unless otherwise stated.
Last Updated: Sept. 1st, 2020
At PotProp, we appreciate your use of and contributions to our websites, our social media platforms, our other properties and/or our related services (collectively known as the "Services," or, each individually, a "Service"). PotProp respects your privacy and is committed to protecting your personal information.
1. Information Collected by PotProp.
When you use the Services, we collect a variety of information from and about you, your devices, and your interaction with the Services. Some of this information identifies you directly or can be used to identify you when combined with other data.
Information you provide. When using the Services, you may be asked to provide personal information about yourself, such as your name, contact information, payment information, details about your property/business or properties you are interested in, financial information. This may occur, for example, when you submit information on the Services, inquire about a property or business listed, correspond with a real estate professional (such as a real estate agent or broker) via the Services, or complete other forms or transactions, such as a request for more information about opportunities listed or not listed on our Services. You may also provide information about a third party through the Services, for example, if you share a real estate or business listing with a recipient via email. We may combine this information with other information we collect from your interaction with the Services or from other companies.
The pages on the Services may also include web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different websites, to determine users’ interactions with emails we send, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Services where you view a certain advertisement so that we can track whether you visit a website associated with that advertisement at a later time.
Mobile device and mobile browser information. You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer.
Usage logs. We collect information about your use of our Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services. We also collect information about the computer or mobile device you use to access our Services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behavior.
Calls and text messages. Calls between you and PotProp, or between you and third parties made through PotProp (such as real estate agents who contact you about a property through a form or link on our website, or using contact information found on our website), may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. PotProp uses a third-party service provider to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, PotProp and its service provider will receive in real time and store data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message.
Public content. You may provide information publicly through the Services, such as when you advertise a property or business or when you contribute to our social media pages.
2. How PotProp Uses Your Information
PotProp generally uses the information collected about you to provide and improve the Services, including to:
provide and deliver the Services, process transactions and send related information such as confirmations and invoices;
send you technical notices, updates, security alerts and support and administrative messages;
respond to your comments, questions and requests and provide customer service;
communicate with you about products, services, offers, promotions, rewards and events offered by PotProp and others, and provide news and information we think will be of interest to you;
monitor and analyze trends, usage and activities in connection with our Services;
revise, modify, and update existing Services and develop new Services;
detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of PotProp and others;
personalize the Services and present you with advertising, content or features that we believe will be of interest or useful to you;
facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
link or combine with information we get from others to help understand your needs and provide you with better service; and
carry out any other purpose described to you at the time the information was collected.
Email Management. You may receive email from PotProp for a variety of reasons - for example, if you took an action through the Services, emailed/contact us directly, or you posted your property/business for sale and a buyer sent us a message requesting more information and/or to be directly connected. You can manage your receipt of some types of communication by contacting us directly and notifying us of your preferential communication methods at email@example.com. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.
3. When PotProp Shares and Discloses Your Information
Your privacy is important and we are committed to protecting your information that identifies you personally. We will only share personal information that you provide outside the public areas of the Services in the following circumstances:
With your consent. When you consent or direct PotProp to share the personal information. This happens when you submit your information through many of our Services. For example, if you choose to contact a real estate agent, private money lender, investor, business broker, attorney, or other real estate professional through the Services, your name, phone number, email address, and message content will appear to the recipient of the message.
Business transfers. If and when PotProp is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, we may share your personal information in connection with that transaction.
PotProp may also share aggregated or de-identified information that cannot reasonably be used to identify you.
4. Interest-Based Advertising
In addition, if you have provided your email address to us, we may use a scrambled, unreadable form (a hash) of your email address to deliver tailored advertisements to you on the Services or on other websites, including via Facebook’s Custom Audience Feature or other similar tools. We do not access or collect any of the contents of your email messages in providing interest-based advertising. Our use of information received from Gmail APIs will adhere to Google’s Limited Use Requirements.
You may opt-out of cookie tracking and analysis as described in the section below entitled 'Opting Out of Collection of Information by Third Parties'. The Services do not otherwise respond to ‘do not track’ signals.
5. Opting Out of Collection of Information by Third Parties
6. Third-Party Links and Websites
7. Security and Retention of Information
PotProp takes reasonable steps to protect the information users share with us from unauthorized use, access, and disclosure, both during transmission and at rest. However, no transmission of information via the Internet nor electronic storage solution can be entirely secure, so please be aware that we cannot guarantee absolute security.
You can access, update, and delete personal information you provide to PotProp in your account profile by emailing us directly at firstname.lastname@example.org. We may maintain a copy of the original version of your information in our records.
8. Transfer of Information to the United States
PotProp is based in the United States and you acknowledge that the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the United States, where you may not have the same rights and protections as you do under local law.
9. Government and Private Party Information Requests
PotProp occasionally receives various forms of legal process from government agencies and private parties requesting information about PotProp users. Before we produce information, we will attempt to notify affected users and give them an opportunity to object unless notification is prohibited by law or if we believe that notification would create a risk of harm or be otherwise counterproductive.
10. Contacting PotProp
ACBD Media, LLC
Attn: Customer Care
1550 Wewatta St., Floor 2
Denver, CO 80202