Last Modified: August 28, 2024
These Terms of Use are entered into by and between you and MECA Commercial Real Estate (the “Company“, “we” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“) govern your access to and use of our Site www.mecacommercial.com, including any content, functionality and properties, products and services offered on or through www.mecacommercial.com (the “Site”).
Please read the Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you unconditionally accept and agree to be bound and abide by these Terms of Use and our online Privacy Policy, found at https://www.mecacommercial.com/privacy-policy, incorporated herein by reference. The Privacy Policy is subject to the terms and conditions of these Terms of Use and in the event of conflict between these Terms of Use and the Privacy Policy, these Terms of Use shall govern and prevail. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
This Site is not targeted towards children under the age of 18. This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are 18 years of age or older. If you are not 18 years of age or older, you must not access or use the Site.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Company Content (as defined below) thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.
Your continued use of any portion of the Company Content following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on or through the Site, including without limitation, the Services (as defined below), in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Company Content, or all of the Company Content, to users, including registered users.
You are responsible for:
To access the Site or some of the resources it offers, including without limitation, other Company Content, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We reserve the right, including if we become aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. We do not sell products or services to children and do not permit children to have accounts with us through our Site.
If you choose, or are provided with, a username and password as part of our security procedures, you agree to (i) keep your password and username for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your username and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new username and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your username and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your username and password and take any other related action as we may reasonably request.
We discourage you from giving anyone access to your username and password for your account with us and your email account. However, if you do give someone your username and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
YOU ACKNOWLEDGE AND AGREE THAT: (1) NEITHER THE COMPANY NOR ITS AFFILIATES IS OR SHALL BE LIABLE TO YOU FOR ANY UNAUTHORIZED TRANSACTION MADE USING YOUR USERNAME OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE COMPANY, ITS AFFILIATES, AND/OR OTHER USERS.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use, and/or your account with us or your email account is being used in an unauthorized or fraudulent manner.
Damage to Property
We offer products and/or services (collectively, the “Services”) by, through, or in connection with the Site. You acknowledge that the Services may be transmitted or otherwise distributed electronically, and that electronic communications, databases, and websites (including the Site) are subject to errors, malfunctions, tampering, and security breaches which could damage your systems or operations. Without limiting the generality of the foregoing, we are not responsible or liable in any manner whatsoever for any damage to the computer equipment, hardware, or any other property of you or any third party that may occur in connection with your participation in the Services or otherwise. You are solely responsible for having appropriate safeguards such as virus-detection software in place to protect your information technology assets.
Intellectual Property Rights
The Site, the Services, and their entire contents, aspects, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), know-how, other proprietary information, and all documents and other materials provided in connection with the Site and/or the Services (the “Company Content”) is owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You acknowledge that the trademarks used and displayed on the Site are and shall remain the sole property of the Company or the trademark owner. Nothing in these Terms of Use shall confer any right of ownership of any of the trademarks in you.
These Terms of Use permit you to use the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company Content on our Site for commercial use without prior written approval of the Company, except as follows:
You must not:
If you wish to make any use of material on the Site other than that set out in this section, please address your request to info@mecacommercial.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any portion of the Company Content in breach of the Terms of Use, your right to use the Company Content will stop immediately and you must, at our option, return or destroy any copies of the Company Content you have made. No right, title, or interest in or to the Company Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Company Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Prohibited Uses
You may use the Company Content only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Company Content:
Additionally, you agree not to:
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS and its and their respective officers, directors, members, managers, shareholders, employees, contractors, agents, licensors, suppliers, successors, and assigns FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Third-Party Websites
Links to third party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. The Company has not reviewed all of these third-party websites and does not control and is not responsible for any of these websites, their content or their policies, including, without limitation, privacy policies or lack thereof.
The Company does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, any third-party websites.
Reliance on Information
The information presented on or through the Company Content is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Company Content, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, advertisers, service providers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.
Changes to the Company Content
We may update the Company Content, including the Site, from time to time, but its content is not necessarily complete or up-to-date. Any of the Company Content may be out of date at any given time, and we are under no obligation to update such Company Content.
Information About You and Your Visits to the Site
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Sales
All purchases and sales through or made in connection with our Site, or resulting from visits to the Site made by you, may be processed by a third party payment processor or service and are subject to the provisions in the “Disclaimer of Warranties” Section. We reserve the right, in our sole and absolute discretion, at any time and from time to time, to modify: (a) the amount of any of our products and services, including without limitation the Services, (b) when any such amount is due, (c) the method by which any such amount is payable, (d) the third party payment processor or service, or (e) any other matter related to any and all such transactions.
Linking to the Site and Social Media Features
Our Site may allow you to link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Site
If the Site contains links to sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
We provide the Company Content for use only by persons located in the United States. We make no claims that the Company Content is accessible or appropriate outside of the United States. Access to the Company Content may not be legal by certain persons or in certain countries. If you access the Company Content from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The Company Content or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end user, or entity specified by U.S. export laws. When using the Company Content, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. governing as a “terrorist supporting” county, and you are not listed on any U.S. government list of restricted parties).
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE COMPANY CONTENT, ANY THIRD-PARTY CONTENT, ALL PURCHASES, SALES, AND OTHER TRANSACTIONS, AND ANY PRODUCTS AND/OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION, THE SERVICES) IS AT YOUR OWN RISK. THE COMPANY CONTENT, ANY THIRD-PARTY CONTENT, ALL PURCHASES, SALES, AND OTHER TRANSACTIONS, AND ANY PRODUCTS AND/OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION, THE SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED OR AFFILIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE COMPANY CONTENT, ANY THIRD-PARTY CONTENT, ALL PURCHASES, SALES, AND OTHER TRANSACTIONS, OR ANY PRODUCTS OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION, THE SERVICES) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COMPANY CONTENT, ANY THIRD-PARTY CONTENT, ANY PURCHASE, SALE, OR OTHER TRANSACTION, OR ANY PRODUCTS OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION, THE SERVICES) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD THE COMPANY, ITS AFFILIATES, OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE DO NOT GUARANTEETHE TRUTH OR ACCURACY OF ANY SUCH CONTENT PROVIDED ON THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY AND ITS AFFILIATES AND/OR RELATED ENTITIES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, ADVISORS, INSURERS, ATTORNEYS, VOLUNTEERS, REPRESENTATIVES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY OTHER COMPANY CONTENT, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON SUCH WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL THE RELEASEES BE LIABLE FOR ANY CLAIMS OF INJURY, DEMANDS, LIABILITIES, DAMAGES, LOSSES, SUITS, DEMANDS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHER CLAIMS OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, IN EXCESS OF THE AMOUNTS YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY OF THE FOREGOING, WHETHER ONE TIME OR IN THE AGGREGATE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
The limitations of liability set out above do not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You hereby agree to defend, indemnify, and hold harmless the Releasees from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site and/or other Company Content, including, but not limited to, any use of the Company Content or third-party content offered by the Company, and any services and products owned by the Company or any third party other than as expressly authorized in these Terms of Use, and your use of any other information obtained from the Company Content or product or service provided through the Site (including without limitation, the Services). You hereby agree to cooperate as fully as reasonably required in defense of any such claim.
The Company reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the Company’s written consent.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted solely and exclusively in the federal or state courts having jurisdiction in Mecklenburg County, North Carolina, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, termination, or arbitrability, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE COMPANY CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Your Comments and Concerns
This Site is operated by MECA Commercial Real Estate.
All notices of copyright infringement claims should be sent to info@mecacommercial.com.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to info@mecacommercial.com.
Corporate Headquarters
2216 Monument Street
Charlotte, NC 28208
Gaston County Office
102 Main Street, Suite 110
McAdenville, NC 28101
MECA is a leading commercial real estate firm that has served the Carolinas and beyond for over 50 years.
With over 250 years of combined experience, our team delivers tailored, innovative solutions, empowering clients to make informed decisions to optimize opportunities and foster lasting value.
