Terms & Conditions

By using or accessing this website or any other service provided by CRE Builder, LLC, you agree to be bound by the terms and conditions stated herein.

CRE Builder, LLC, a Florida limited liability company ("CRE", "Company", "we", "our" or "us") provides its website at www.crebuilder.com (the "Website", and together with all mobile versions, applications and services operated thereunder by or on behalf of CRE, collectively the "Services"), to you, an individual user ("you", "your" or "User"), for your individual usage, subject to compliance with these Terms and Conditions ("Terms", "Agreement").

Important: This agreement contains warranty and liability disclaimers, as well as waivers of class actions and jury trials. It governs how disputes between you and CRE Builder are resolved and contains a binding and final arbitration provision. Please read carefully — it affects your legal rights. By entering into this agreement you expressly acknowledge that you have read and understand all of the terms hereof and have taken the time to consider the consequences of this important decision.

By using the website and/or services, you accept and agree to the terms hereof without any modifications, additions or deletions. You agree to abide by and be bound by the terms described herein and by all terms, conditions, policies and guidelines incorporated by reference, as well as any additional terms, conditions, policies, restrictions and guidelines presented in relation to specific content or a specific product, service or feature offered through the website. If you do not agree, you are not authorized to use the website.

If you are a direct competitor of CRE, you may not access the Services unless you obtain CRE's prior written consent. Under no circumstances may the Services be used for any benchmarking or competitive purposes.

CRE makes no representations that the Website or any Services can be used or otherwise accessed outside of the United States of America.

About Us

The purpose of the Website and related Services is to provide Users with a commercial real estate marketing and proposal creation platform. Through the Services, Users may create offering memorandums, leasing packages, sales teasers, flyers, broker's opinions of value, and public listing pages; import listings; collaborate with team members; and share Marketing Content with prospective clients. The Website is offered solely for informational purposes and is in no way intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. While you may create Marketing Content through the Website, certain functionalities enabling you to then use that content may require a Subscription.

Definitions

"API" — the Website's application programming interface.

"CRE Templates" — preset templates and information provided by CRE Builder through the Website to assist Users in creating Marketing Content.

"Listing Hub" — the feature that allows Users to publish property marketing pages at a public URL.

"Malicious Code" — code, scripts, files, programs or agents intended to do harm, including viruses.

"Marketing Content" — any offering memorandums, sales teasers, leasing packages, flyers, broker's opinions of value, property listing pages, proposals, brochures and other marketing materials created by Users on the Website.

"Subscriber" — any individual or company purchasing a Subscription on its own behalf or on behalf of another individual, company or legal entity.

"Team" — a group of Users associated with a single company Account, including administrators, members, and coordinators (as described below).

"Third-Party Content" — any text, images, videos, maps, or information provided through the Services by a Third-Party Service Provider or obtained by CRE Builder based on User Content from publicly available sources or a Third-Party Service Provider.

"User Content" — any information and other content directly uploaded by a User through the Website, including text, name, address, pricing, property descriptions, photographs, documents, other images, and videos.

"User", "you" and "your" — (i) the individual using the Website or Services and accepting this Agreement on his or her own behalf, or (ii) an individual, company, or other legal entity if the Website is being accessed and this Agreement accepted on behalf of another person or entity.

Effective Date

This Agreement is effective as of the date you first access the Website ("Effective Date").

User Accounts

You will be required to create an account with CRE ("Account") to access and use the Website or Services. To create an Account you must be at least eighteen (18) years of age and will be required to provide CRE with information about yourself, your company, and/or the person or entity you claim to represent. If your information changes, you are responsible for updating your Account. CRE may, at any time and in its sole discretion, require you to update your Account or provide additional information. Failure to comply may result in suspension or termination.

There is no cost to create a User Account. By creating a User Account you may create Marketing Content, but unless you hold an active Subscription you may not have the ability to export, publish, share, or otherwise obtain access to that Marketing Content. Watermarking, document limits and feature restrictions apply to free-tier Accounts.

Any User opening or using an Account on behalf of another person or entity ("Agent") represents and warrants that he or she has valid authorization to act on behalf of such person or entity. In the absence of such authorization, such Users accept personal liability for any and all liabilities arising from the use of the Account. CRE Builder is not responsible for any obligations or liabilities arising from use of your Account by your Agents.

You may not share your Account credentials with anyone else. It is solely your responsibility to keep your email and password confidential. You are responsible for any actions taken from your User Account. If you believe your Account has been compromised, notify us immediately at legal@crebuilder.com.

Teams and Role-Based Access

CRE supports multi-user Teams. When a Team administrator invites you to their Team, or assigns you an Account, additional terms may apply and your administrator may be able to access, modify, or disable your Account without our involvement. By accepting a Team invitation, you acknowledge that your administrator controls the Account and may view documents and activity associated with it.

Team roles include:

• Admin — manages the Team, billing, seats, branding, and has access to all Team documents.
• Member — creates and owns their own documents. Consumes a paid seat.
• Coordinator — creates documents on behalf of other Team members. Coordinators are free and do not consume a paid seat.

Paid seats are added automatically when an Admin invites a Member, and are removed when a Member is removed from the Team. Billing adjusts on a prorated basis per your Subscription billing cycle.

Subscriptions

Access to certain functionalities, including the ability to export, publish, share, or otherwise obtain full access to Marketing Content, requires an active Subscription. Subscriptions are available on a month-to-month or annual basis, as selected at signup, and renew automatically at the end of each billing cycle unless cancelled.

Cancellation. You may cancel your Subscription at any time through your billing settings. When you cancel, your Subscription remains active until the end of your current billing period; after that your Account will revert to the free Starter tier. CRE does not issue refunds or credits for unused time remaining in a billing period.

You are solely responsible for exporting Marketing Content and User Content prior to cancellation if you wish to retain copies. Marketing Content may not remain accessible after cancellation or termination.

CRE contracts with Zoho Subscriptions as a Third-Party Service Provider to process online payments. Please do not use the Services unless you have read and agree to Zoho's Terms of Use, Privacy Policy and security practices, which can be found at https://www.zoho.com/terms.html.

Using the Website; Marketing Content

The CRE Website is a web-based commercial real estate marketing and proposal management platform. Users may access their Account, upload documents, images, information or other User Content, and generate Marketing Content using CRE Templates. Active Subscribers may publish properties to the Listing Hub at a public URL, export to PDF, and share links. Any sharing or distribution of Marketing Content is done at your own risk and you are encouraged to take all available precautions to maintain the integrity and security of such documents or information.

The Services are subject to usage limits. Unless otherwise specified, (a) the Services may not be accessed by more Users than specified upon purchase of a Subscription, (b) passwords may not be shared with any other individual, and (c) a Subscription seat may only be reassigned to a new individual replacing one who will no longer use the Services. If you are unable or unwilling to abide by a contractual usage limit, you may be required to purchase additional seats or pay any invoice for excess usage.

Cash Flow Projections Calculator

Through the Services, Users may be presented with a calculator allowing the input of certain information, including User Content, to create projected cash flows for a given commercial property for up to a ten (10) year period. The calculator and information produced are provided solely for informational purposes and CRE makes no representations or warranties as to the accuracy of such information. Users should consult a licensed professional before relying on any figures.

Additional Terms; Promotions

Certain promotional or offer terms may apply from time to time. In addition to this Agreement, when using particular products, services or features on our Website, you will be subject to any additional posted terms, guidelines, FAQs, or rules applicable to such product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Agreement.

User Content; User Guidelines

You are solely responsible for User Content and the consequences of uploading, publishing, or distributing it. You may only provide or publish information and other content, including text, pricing, property information, photographs, other images, and videos, that you either own or have authorization to use and distribute.

When using the Website, you agree not to use the User Content, Third-Party Content, Marketing Content, Services or any other part of the Website in a way that violates any laws, infringes on the rights of any individual, is offensive, or interferes with the Website or any features on the Website ("User Guidelines"), including, but not limited to, taking any actions that:

• Are contrary to CRE's public image, goodwill or reputation;
• Violate the terms and conditions of any Third-Party Service Provider;
• Promote any illegal activity or content;
• Infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy;
• Express or imply that any of your statements, activities or causes are endorsed by CRE, without our prior written consent;
• Violate any applicable law, statute, ordinance or regulation, including the TCPA and CAN-SPAM Acts, or encourage conduct that could constitute a criminal offense or give rise to civil liability;
• Are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
• Involve attempting to impersonate another User or person or using the account of another User;
• Transmit any trade secret or other material, non-public information about any person, company or entity without authorization;
• Restrict or inhibit any other visitor from using the Website, including by means of hacking or defacing any portion of the Website;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website;
• Remove any copyright, trademark or other proprietary rights notices contained in the Website;
• Sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit the information or content of the Website except as expressly permitted herein;
• "Frame" or "mirror" any part of the Website without prior written authorization;
• Distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Website, or in any way reproduce or circumvent the navigational structure, presentation, authentications or security measures of the Website;
• Harvest or collect information about any Users or visitors to our Website without their express consent;
• Contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals (and their parent or legal guardian if they are under the age of majority in their jurisdiction).

CRE reserves the right, in its sole discretion, to determine that you have violated the User Guidelines. In such event, CRE may remove User Content, suspend, terminate or limit use of your Account, prohibit you from using the Website, and/or take any appropriate legal actions.

Communications

By creating an Account, you agree that CRE may contact you at any email address, mailing address, or phone number you provide. You consent to receiving electronic communications related to your use of the Website and Services. All notices, disclosures, agreements and other communications sent to you electronically — including by email or by publication on the Website — satisfy any and all legal requirements that such communications be in writing. Notices from CRE are deemed delivered and effective when sent to the email address provided by you.

You agree that a User may have the ability to contact other Users at any email address a User provides to CRE to notify other Users of available commercial real estate properties that a User promotes through the Services ("User Marketing"). If you send User Marketing, CRE may restrict your ability to send cross-region User Marketing to make User Marketing more relevant to the location of receiving Users. If you receive User Marketing, you will not use any of the information contained therein to compete against CRE or such other User(s), or in any manner that would otherwise violate this Agreement.

You may opt out of marketing communications from CRE by clicking unsubscribe at the bottom of any such email, or by contacting CRE at legal@crebuilder.com. You will continue to receive transactional messages related to your Account, billing, and security.

Feedback

If you provide CRE Builder with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Website ("Feedback"), CRE Builder shall have the right to use such Feedback at its discretion, including the incorporation of such suggested changes into the Website. You hereby grant CRE Builder a perpetual, irrevocable, nonexclusive, royalty-free license of all rights necessary to incorporate and use your Feedback for any purpose.

Data Storage

CRE Builder utilizes Amazon Web Services (AWS) to securely store User Content and related data. By using and accessing the Website and/or Services, you understand and consent to the storage of User Content and data on AWS. Users consenting to such storage agree to be bound by AWS's terms and conditions, which can be found at https://aws.amazon.com/legal/. CRE maintains commercially reasonable safeguards, but no method of transmission or storage is 100% secure. See our Privacy Policy for details on how we collect, use, and protect information.

Privacy Policy

In connection with your use of the Services, you expressly agree to CRE's Privacy Policy. Please read the Privacy Policy carefully to learn more about how CRE uses information it collects from you when you access, visit, or use the Website and/or Services. The Privacy Policy is part of and is governed by this Agreement, and by agreeing to this Agreement you agree to be bound by the terms of the Privacy Policy.

Third-Party Content; Third-Party Providers

By using the Website, you understand and agree that you may be exposed to Third-Party Content that is inaccurate, objectionable, or otherwise unsuited to your purpose. CRE does not endorse and takes no responsibility for any such content or for any loss or damage suffered in connection therewith.

The Website and Services may contain links to, advertisements for, or incorporate services, information, or content from other sites, services, or products owned by or licensed from third parties ("Third-Party Providers"). While CRE reserves the right to incorporate additional Third-Party Providers at any time, Users specifically acknowledge and agree to the terms and privacy policies of the following providers we currently use:

• Zoho Subscriptions — subscription billing and payment processing (terms)
• Amazon Web Services (AWS) — hosting, storage (S3), and transactional email (SES) (terms)
• Google Maps Platform — maps, geocoding, and street imagery (terms)
• ATTOM Data Solutions — property parcel data and auto-fill (terms)
• Esri Demographics — demographic and market data (terms)
• Wikimedia Foundation (Wikipedia, Wikidata, Wikimedia Commons) — city facts, reference content, and open-licensed media (terms)

Third-Party Content is provided solely as a convenience and is governed by each Third-Party Provider's own terms of use and privacy policies. The inclusion of links to Third-Party Content does not indicate that CRE endorses those products or services. CRE is not responsible for examining or evaluating any Third-Party Content and is not responsible for any information you may share with, or receive from, any Third-Party Provider through your use of the Services.

Special Provisions Regarding Real Property Data from ATTOM Data Solutions

CRE utilizes Third-Party Content from ATTOM Data Solutions to obtain parcel data for commercial real estate properties.

You agree that (a) you may use Third-Party Content from ATTOM Data internally and shall not use such content for reproduction, sale, publication, or any other use in relation to any product or service provided to any third party, except in conjunction with Marketing Content as expressly provided for herein; (b) you shall not acquire any proprietary rights in or to ATTOM Data's Third-Party Content, which rights remain exclusively in ATTOM Data and/or its third party data providers; (c) you acknowledge that ATTOM Data's Third-Party Content is sourced from public documents or statistical calculations, is provided on an "as is, as available" basis with all faults and defects, and neither ATTOM Data, CRE, nor any other Third-Party Provider makes any warranties, express or implied, including those of merchantability and fitness for a particular purpose; and (d) any use of ATTOM Data's Third-Party Content by you shall be at your own risk, and you shall indemnify and hold harmless ATTOM Data, CRE, and any other Third-Party Provider with respect thereto.

Intellectual Property

The Website and Services, including CRE Templates and Marketing Content, as well as Third-Party Content provided therethrough, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws ("Intellectual Property"), are legally protected in various ways. You agree that any third-party trademarks displayed through the Services are the intellectual property of the respective owners, and in no way do you have any ownership rights or license to use such trademarks without permission in writing from the relevant owner. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Website. You also agree not to change, translate, or otherwise create derivative works. Using the Website and/or Services does not give you ownership of any Intellectual Property you access. You may not use Intellectual Property from the Website for any purpose other than as specified in this Agreement unless you obtain permission from CRE or the relevant owner in writing.

User Content

By submitting any User Content to CRE, you agree: (i) that CRE may use the User Content you've submitted, and you grant to CRE, and others acting on CRE's behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to such User Content; (ii) that you grant CRE the right to edit, modify, reformat, excerpt, delete, or translate any of such User Content; (iii) that such User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to use such material; (iv) that any royalties or licensing on such User Content are your responsibility, and that you will pay all royalties and other amounts owed to any person or entity based on User Content, or on CRE's hosting of that User Content; (v) that if CRE or its Users exploit or make use of your submission in the ways contemplated in this Agreement, such use will not constitute an infringement or violation of the rights of any third party; (vi) that you are responsible for such User Content; and (vii) that CRE is not responsible for mistakes, inaccuracies, errors or omissions in User Content, even if provided through the CRE Templates.

Marketing Content

Rights to any proposals, brochures, and other marketing materials you create using the CRE Website, the Services, CRE Templates, and other products, content or Intellectual Property ("Marketing Content") shall at all times be vested in Company or the relevant Third-Party Provider, as provided for herein. Notwithstanding the foregoing, Company hereby grants you, if you are an active Subscriber, a revocable, non-transferable, non-exclusive license, along with all applicable sublicenses, to use the Marketing Content, including any Third-Party Content, solely in connection with and for the purposes of marketing, advertising, and otherwise promoting the relevant commercial real property that the Marketing Content was created for, in compliance with all applicable laws and in accordance with these Terms.

Digital Millennium Copyright Act

CRE complies with the Digital Millennium Copyright Act and will remove User Content upon receipt of a compliant takedown notice. Please contact our designated Copyright Agent:

CRE Builder, LLC
Attn: Copyright Agent
2 N Central Ave, #1800
Phoenix, AZ 85004
Email: legal@crebuilder.com
Subject: [CRE Builder Copyright Notice]

Protection of User Content

CRE will maintain safeguards for protection of the security and confidentiality of User Content, including measures for preventing access, use, modification, or disclosure of User Content except (a) to provide Services and/or prevent or address service or technical issues, (b) as required by law in accordance with a Compelled Disclosure (as defined below), or (c) as you expressly permit in writing. The representations made in this Section are subject to all disclaimers and limitations of liability made in this Agreement.

Confidentiality

Definition of Confidential Information. "Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that the Disclosing Party has designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

Protection of Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein.

Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior written notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.

Representations and Warranties

By opening an Account, you represent and warrant that (a) you have full right and authority to enter into this Agreement, to grant any rights granted herein, and to perform fully all obligations as set forth herein; (b) all information and User Content provided by you or your agents is true, accurate and complete; (c) you are not infringing and will not infringe upon the rights of any third party, and that your use of the Website or Services as well as any Intellectual Property in connection with such use does not and will not violate the rights of any third parties; (d) you shall comply with the terms and conditions of any agreements which govern the use of third-party materials; and (e) you shall comply with all state, local and federal laws and regulations as they relate to use of the Website or Services.

You further represent and warrant that you will respect the privacy, property and data protection rights of other Users, that you will not record any interaction by or with any User and/or CRE in connection with the Website or Services without the prior written consent of CRE or the relevant User, and that you will act professionally and responsibly in all interactions in connection with the Services.

Disclaimers

If you choose to use the website you do so at your sole risk. The website and all services thereon are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, CRE explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. CRE makes no warranty that the website or services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from CRE or through the website, or content contained therein, will create any warranty not expressly made herein.

CRE does not and will not perform services that require licensure by any government or regulatory agency. CRE is merely a platform for commercial real estate marketing and proposal management and does not act as a licensed real estate agent, broker, or other licensed professional. CRE does not guarantee the acquisition of any business or higher likelihood of securing tenants, leases, or other contracts. CRE does not guarantee or warrant that any information shared by any User is accurate, and does not guarantee that terms of any lease or other contract will be performed as agreed.

CRE makes no warranty regarding the quality or specifications of any services or any content, whether such content is user, marketing, or third-party, contained therein or the accuracy, timeliness, truthfulness, completeness or reliability of any such content obtained through the website. CRE Builder makes no warranty as to whether the use of any language, images or other content on the website constitutes fair use under U.S. copyright and other applicable laws.

In the event that you request that CRE's API input information, language or other content into the Services and/or any Marketing Content, CRE makes no warranties or guarantees as to the accuracy or validity of any such Marketing Content, their contents, their representations or their formatting.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the website, your use of CRE's API and marketing content, your interactions via the website and any contact you have with third parties, whether in person or online, remains with you. Neither CRE builder nor any other party involved in creating, producing, or delivering the website, its features, or the services, will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CRE has been informed of the possibility of such damage.

Indemnification; Hold Harmless; Limitation of Liability

To the fullest extent permitted by law, you agree to release, defend, indemnify, and hold CRE and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website or Services; (b) your violation of this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (c) User Content inputted by you; (d) Marketing Content created by you; (e) Third-Party Content that you access or utilize; (f) your interaction with any User; (g) the use or offer of a Service; (h) your participation in the Services; (i) any allegation that you have infringed or otherwise violated the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (j) your negligent or willful misconduct.

In no event will CRE's aggregate liability arising out of or in connection with this agreement and your use of the website or services be greater than the amount of fees which have been paid by you to CRE during the six (6) months prior to the time such claim arose, to the extent permitted by applicable law.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages. As such, certain aspects of the limitations above may not apply to you.

Term; Termination

This Agreement commences on the Effective Date and continues throughout your use of the Website and/or Services, including any period during which you hold a valid Subscription.

CRE, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your User Account immediately at any time for any reason or no reason. If this Agreement is terminated by CRE, you will pay any unpaid fees covering the remainder of the term of any Subscription or the purchase of any other Services. In no event will termination relieve you of your obligation to pay any fees payable to CRE for the period prior to the effective date of termination.

If CRE determines or suspects, in its sole discretion, that you are misusing or attempting to misuse the Services or Website, or using them for any inappropriate, illegal, harmful, or anti-competitive purposes, including hacking, fraud, advertising, jamming, spamming, or any activities inconsistent with the Services proposed to be offered by CRE, then in addition to CRE's right to immediately terminate this Agreement, CRE reserves the right, in its sole discretion, to instigate appropriate legal actions or proceedings against you and/or any relevant party to seek appropriate remedies and/or damages, including lost revenue, repairs, legal fees, costs, and expenses, and to seek injunctions or other equitable remedies.

CRE will make your User Content available to you for export or download upon a written request made by you within thirty (30) days after the termination or expiration of this Agreement. After such 30-day period, CRE will have no obligation to retain or provide any of your User Content and will thereafter dispose of all copies of your User Content in its systems, unless legally prohibited.

Notices

Except as otherwise specified in this Agreement, all notices related to this Agreement will be in writing and will be effective upon (a) personal delivery, (b) the fifth business day after mailing, or, except for notices of termination or an indemnifiable claim ("Legal Notices"), which shall clearly be identifiable as Legal Notices, (c) the day of sending by email. Notices sent by email to CRE must be sent to legal@crebuilder.com. Billing-related notices to you will be addressed to the relevant billing contact designated by you. All other notices to you will be addressed to the email on file for your Account.

Governing Law and Jurisdiction

This Agreement and the Services are governed and interpreted pursuant to the laws of the State of Florida, notwithstanding any principles of conflicts of law. Any disputes in connection with this Agreement that result in court action will be resolved exclusively by a state or federal court located in Miami-Dade County, Florida, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum.

If any provision of this Agreement is found to conflict with applicable law, the reviewing arbitrator or court, as applicable, shall interpret the provisions or revise them only to the extent necessary to comply with applicable law. All other provisions shall remain intact and enforceable as written.

Dispute Resolution; Arbitration

This agreement includes an agreement to arbitrate claims and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read the following terms carefully.

In exchange for the benefits of the speedy, economical, and impartial dispute resolution procedure of arbitration, you agree to waive your respective rights to resolution of all claims between you and CRE (except those expressly excluded below) in a court of law by a judge or jury and agree to resolve any disputes by binding arbitration on an individual basis as set forth herein.

The agreement to arbitrate contained in this Section ("Arbitration Agreement") is governed by the Federal Arbitration Act and survives the termination of this Agreement and your relationship with CRE.

Claims covered by this Arbitration Agreement include, but are not limited to, any dispute, claim or controversy whether based on past, present or future events arising out of or relating to: (i) this Agreement and prior versions; (ii) the Website or Services; (iii) User Content; (iv) Marketing Content; (v) your relationship with CRE; (vi) the threatened or actual suspension, deactivation or termination of your Account or this Agreement; (vii) payments made by you or any payments made or allegedly owed to you; (viii) compensation, expense reimbursement, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, or emotional distress; (ix) any promotions or offers made by CRE; (x) breach of any express or implied contract or covenant; (xi) claims arising under federal or state consumer protection laws; (xii) claims arising under antitrust laws; (xiii) claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and (xiv) all other federal and state statutory and common law claims ("Claims").

If there is a dispute about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and CRE agree that this threshold dispute shall be delegated to the arbitrator (not a court), except as expressly provided below.

You acknowledge and understand that you are waiving the right to sue in court or have a jury trial for all claims, unless expressly excluded in this arbitration agreement.

If you do not want to arbitrate disputes with CRE and you are an individual, you may opt out of this Arbitration Agreement by notifying CRE at legal@crebuilder.com within thirty (30) days of the first date that you access the Website or the date that you receive any Services, whichever is sooner.

Class Action and Right to Jury Waivers

Except as otherwise required under applicable law, you and CRE agree that any arbitration will be limited to the Claim between CRE and you individually. You acknowledge and agree that you are waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding ("Class Action Waiver"). The arbitrator shall only have authority to consider or resolve any Claim or issue any relief on an individual basis and shall have no authority to do so on a class, collective, or representative basis.

Notwithstanding any other provision of this Agreement, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If a Claim is filed as a class, collective, or representative action and there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims.

If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

Additional Terms

Severability. If any part of this Agreement is deemed unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Waiver. CRE's failure to enforce any provision of this Agreement will not affect CRE's right to require performance at any time thereafter, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default.

Entire Agreement and Order of Precedence. This Agreement constitutes the entire agreement between you and CRE regarding your use of the Website and Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

Assignment. You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without CRE Builder's written consent (not to be unreasonably withheld). CRE Builder may assign this Agreement at any time without notice to you.

Amendments. CRE reserves the right to amend this Agreement at any time. Unless we provide a delayed effective date, all amendments will be effective upon posting of the updated Agreement. Your continued access to or use of the Website after such posting constitutes your consent to be bound by the Agreement, as amended. If you do not agree to the revised Agreement, you must stop using the Website.

Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and CRE Builder.

Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

Force Majeure. In no event shall CRE Builder be liable for any injury, loss, claim, damage, or damages arising out of interruptions of service caused by an act of God, terrorism, accident, fire, labor controversy, riot, civil commotion, act of public enemy, law, enactment, rule, order, or act of any government or governmental instrumentality, failure of technical facilities, failure or delay of transportation facilities, illness or incapacity, or other cause of a similar or dissimilar nature not reasonably within the control of CRE Builder.

No Legal or General Business Advice. At no time does CRE Builder review any agreements between you and any third party or any other documents or information submitted to or provided by the Website for legal sufficiency, perform any cost/benefit analyses, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, apply the law to the facts of your particular situation, or mediate any dispute. CRE Builder is not a law firm and may not perform services performed by an attorney. CRE Builder, its Services, and any forms, templates, or contractual language provided in connection therewith are not a substitute for the advice or services of an attorney or consultant.

Subpoenas. All subpoenas must be properly served on CRE by mailing the subpoena to:

CRE Builder, LLC
Attn: Subpoena
2 N Central Ave, #1800
Phoenix, AZ 85004

CRE does not accept service via email or fax and will not respond to subpoenas delivered by email or fax.

Contact

If you have any questions or comments regarding this Agreement, please contact us at:

CRE Builder, LLC
Attn: Legal Department
2 N Central Ave, #1800
Phoenix, AZ 85004
legal@crebuilder.com

Last Updated: April 21, 2026