Terms of Use

Welcome to RealConfidence.com (the “Website). Thank you for visiting the Website.

These Terms of Use, together with the Privacy Policy that can be accessed by clicking the Privacy Policy link at the bottom of the Website home page (the “Privacy Policy”), constitute a legally binding agreement between you and the three Website sponsors (collectively “Sponsors”) – (1) Altus Group U.S. Inc., with its principal office at Harborside Financial Center, 902 Plaza 2, 9th Floor, Jersey City, NJ 07311, (2) National Council of Real Estate Investment Fiduciaries, with its principal office at Two Prudential Plaza, 180 North Stetson Avenue, Suite 2515, Chicago IL 60601, and (3) the National Association of Real Estate Investment Trusts® (NAREIT), with its principal office at 1875 I Street NW, Suite 600, Washington DC 20006. In these Terms of Use, the Sponsors are sometimes referred to as “we” or “us” or “our”. The Sponsors may exercise any or all of their rights under these Terms of Use individually or collectively. Any of the Sponsors or their authorized agents may communicate with you regarding requests for information and directives about use of the Website.

Age restrictions

You must be 18 years of age or older (or the age of majority, if higher) to use the Website, as well as any related publications, contests, social media pages, postings, blogs, videos, or related materials.

Index

From time to time, the Website may include or provide access to an index of the Sponsors or a third party. Such index shall be referred to in these Terms of Use as an “Index” and shall be deemed part of the Website for purposes of these Terms of Use.

Publications

From time to time the Sponsors may offer publications at the Website, or to be requested through the Website, or related in any manner to the Website and its topics. Such publications shall be referred to in these Terms of Use as the “Publications” and shall be deemed part of the Website for purposes of these Terms of Use.

Contests

From time to time the Sponsors may offer contests at the Website, including without limitation the RealConfidence™ University Portfolio Challenge. Such contests shall be referred to in these Terms of Use as the “Contests” and shall be deemed part of the Website for purposes of these Terms of Use.

Legally binding agreement, updates

By accessing the Website, accessing any Index, accessing or requesting any Publications, using the Website to participate in any Contests, or otherwise communicating with us via the Website, you agree to be legally bound by these Terms of Use and the Privacy Policy.

Sponsors reserve the right to update these Terms of Use and the Privacy Policy at any time without prior notice. By continuing to access the Website, you will be legally bound by the then-current Terms of Use and Privacy Policy.

Governing law and venue

This Website and any related disputes (whether for breach of contract, tortious conduct, or otherwise) are and will be governed by the internal laws of the State of New York, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws. By accessing the Website, you agree that any dispute related to this Website shall be brought exclusively in the state or federal courts in New York State and you submit to the personal jurisdiction of said courts for such purposes.

Copyright notice

Except for materials submitted by you, owned by others, or taken from the public domain, all text, artwork, graphics and other works of authorship created by or for the Sponsors and made part of the Website, together with the selection, arrangement and presentation of such materials, are protected copyrights of the Sponsors.

Claims of copyright infringement

We respect the intellectual property of others. Pursuant to Title 17, United States Code, Section 512, part of the Digital Millennium Copyright Act, notifications of claimed copyright infringement must be sent to our designated agent (the “Designated Agent’):

Charles DiRocco
Altus Group U.S. Inc.
Attn: Copyright Infringement
Harborside Financial Center,
902 Plaza 2, 9th Floor
Jersey City, NJ 07311
Phone 202-236-6012
Fax 201-356-4321
Email: charles.dirocco@altusgroup.com
Please carbon copy cjdirocco@yahoo.com

IMPORTANT: The foregoing contact is for copyright claims only. All other inquiries and concerns should be directed to Sponsors via the Contact Us page of the Website.

The copyright claim 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 us to locate the material;
  4. Information reasonably sufficient to permit us 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; and
  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.

Use of website materials

You may access, print or download one copy of information from the Website for your personal non-commercial use only, subject to all restrictions imposed by the Sponsors, and provided that you maintain all copyright and other proprietary notices contained in the materials. You may not otherwise access, use, copy, distribute, upload, modify, or reuse such information without the express written permission of the Sponsors. Examples of prohibited actions include without limitation any unauthorized copying of the Website content, framing the Website content, the use of bots or spiders or other similar electronic processes that may become available to scrape data from the Website, or using Website materials to create your own website.

The Sponsors reserve the right, in their sole discretion and at any time, to disable your access to one or more features of the Website or terminate or suspend your account without notice. If we take action against your account, you will not open another account without our permission, which we may withhold in our sole discretion. If we terminate or suspend your account because of your breach of these Terms of Use or other harmful activity by you, no portion of the fees paid by you, if any, will be refunded except as otherwise required by law.

You may not engage in any activity related to the Website in any manner that is unlawful or that violates the rights of the Sponsors or any third party.

You may not remove, circumvent, disable or otherwise interfere with any security-related features of the Website.

You may not modify, disassemble, decompile, hack or reverse engineer any portion of the Website, or rent, lease, loan, resell, sublicense, distribute or otherwise transfer any portion of the Website. You acknowledge that the Website may be modified from time to time and prior versions may become unavailable.  

International use

You agree not to download or otherwise export any items in violation of United States export controls. Although the Website may be accessed worldwide via the World Wide Web, we make no representation that materials accessed through the Website are appropriate or lawful outside the United States. Only persons located in the U.S. should use the Website.

Materials that you transmit

You, and not the Sponsors, are solely responsible for all text, photos, images, data and other materials of any kind (“Submissions”) that you upload, post, email or otherwise transmit (collectively, “Transmit”) via any portion of the Website. By Transmitting your Submissions to the Sponsors, you are certifying to us that you have the right to use and submit the Submissions and to authorize us to post or otherwise use the Submissions for the purpose indicated. You agree not to use the Website to Transmit: any Submissions that in the Sponsors’ sole discretion are unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, or invasive of another’s privacy; impersonate any person or entity, or misrepresent your affiliation with any person or entity; any materials that you do not have a legal right to make available or that infringe any patent, trademark trade secret, copyright or other proprietary right of any party; any junk mail, spam, chain letters, pyramid schemes or materials that contain viruses or other harmful components; or harvest or otherwise collection information about others. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions.

The Sponsors do not endorse the contents of any Submissions and expressly disclaim any and all liability in connection with Submissions. We disclaim any responsibility for prescreening or monitoring Submissions. However, we have the right at our sole discretion to remove or delete any Submissions that you Transmit or attempt to Transmit, to terminate your access to the Website, to close your account, and to reject any orders, all without giving our reason for doing so.

The Sponsors are not responsible for the loss of or damage to your Submissions.

We are not obligated to store and preserve your Submissions. We may delete all Submissions in our sole discretion. If you desire a copy of your Submission, you should arrange to independently record or preserve your Submissions..

When you use the Website, you represent and warrant that all login information or other information that you submit is truthful and accurate, and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your password and other login information and are fully responsible for all activities that occur under your account.  We cannot and will not be liable for any loss or damage from your failure to comply with this obligation. You agree to immediately notify the Sponsors upon learning of any unauthorized use or suspected unauthorized use of your account or any other breach of security.   

Indemnification

You hereby agree to indemnify and hold harmless each of the Sponsors, and its owners, managers, trustees, directors, officers, employees, and agents, from and against any and all liability, cost and expense, including without limitation reasonable attorneys’ fees, arising from or related to your Submissions and your use or misuse of the Website and any linked sites.

Submissions of other users

You acknowledge that in using the Website you may be exposed to Submissions of other users and that the Sponsors are not responsible for the content of those Submissions. You further acknowledge that you may be exposed to Submissions of other users that are inaccurate, offensive, indecent or otherwise problematic or objectionable.

Third party products, services and links

The Website may contain links to third party sites or resources, as well as third party products or services, that are not under the control of the Sponsors. Such links, products and services are provided to you as a convenience only, and the Sponsors are not responsible for any such site, product or service. The inclusion of such items does not imply that the Sponsors endorse or accept any responsibility for the content or the use of them. If you use third party links, products or services, you will be subject to the third party’s terms of use, privacy policy, and other contractual provisions.

Government end users

If any of Sponsors’ materials (including without limitation the Website and any Publications and Index) are being accessed/licensed by or on behalf of the United States Government, then the Government agrees that said materials were developed at private expense and are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure of the Index by the U.S. Government are subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14 (ALT III)(June 1987), as applicable.

Disclaimer of warranties

EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS OF USE, THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY PUBLICATIONS AND INDEX, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR WARRANTIES RELATED TO BEING ACCURATE, SAFE, AVAILABLE, UNINTERRUPTED, DEFECT-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE SPONSORS AND THEIR OWNERS, MANAGERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM FOR THE SPECIFIC ITEM OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

EXCLUSION OF DAMAGES

WITH RESPECT TO THE WEBSITE AND ALL MATTERS IN ANY WAY RELATED THERETO, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL THE SPONSORS AND THEIR OWNERS, MANAGERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Miscellaneous

Except to the extent that the Sponsors’ Official Contest Rules, Privacy Policy and/or other agreement and rules of the Sponsors may be applicable to you, this Agreement represents the entire agreement between the Sponsors and you with respect to the Website, including without limitation any Publications and Index. If we waive your breach of any provision of this Agreement, we have not waived our rights to pursue your subsequent breach of that provision or any other provision of this Agreement. The determination by a court of competent jurisdiction that any portion of this Agreement is invalid or unenforceable on any ground shall not affect the validity and enforceability of any other portion of this Agreement.