Effective date: January 2, 2026
IMPORTANT LEGAL NOTICE: THESE TERMS INCLUDE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AN AGREEMENT TO INDIVIDUAL ARBITRATION, AND A CLASS-ACTION AND JURY-TRIAL WAIVER, SUBJECT TO APPLICABLE LAW. SECTION 24 EXPLAINS ARBITRATION, ITS EXCEPTIONS, AND YOUR 30-DAY RIGHT TO OPT OUT. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, OR BY CLICKING TO ACCEPT WHERE PROMPTED, YOU AGREE TO BE BOUND BY THESE TERMS.
These Terms of Use ("Terms") govern access to and use of www.broadviewre.com, its associated pages and content, and any forms, subscriptions, or online features that expressly incorporate these Terms (collectively, the "Website"). The Website is operated by Broadview Real Estate ("Company," "we," "us," or "our"), the global property investment, development, and asset-management platform of Broadview Capital. "You" means the person using the Website and, where that person is authorized to accept these Terms for an organization, that organization.
By accessing or using the Website, by clicking to accept these Terms where prompted (including when you submit a form, subscribe, request access to restricted materials, or create credentials), or by otherwise indicating assent in a manner recognized by applicable law, you agree to be bound by these Terms and acknowledge that the Privacy Policy describes our personal-information practices. Where applicable law requires a particular form of assent for a specific provision, including the arbitration agreement in Section 24, that provision binds you to the fullest extent such assent has been given, and the remainder of these Terms continues to govern your use of the Website. If you do not agree to these Terms, you must not access or use the Website. Privacy rights and legally required disclosures remain available without acceptance of these Terms.
You must be at least 18 and have legal capacity to accept these Terms and submit business inquiries, unless we expressly permit a particular interaction under appropriate procedures. If acting for an organization, you represent that you have authority to bind it to these Website Terms. If you do not have that authority, you are personally bound by these Terms with respect to your own access to and use of the Website, and you remain responsible for your own conduct.
These Terms govern the Website, not the substantive terms of an investment, acquisition, financing, lease, purchase, management engagement, employment relationship, or other separately documented transaction. Such matters require the applicable definitive documents and approvals. Sending a form, receiving an automated confirmation, being introduced to a representative, or obtaining access to materials does not by itself create a commitment, reservation, exclusivity, priority, fiduciary relationship, or obligation to proceed.
A separately executed agreement controls its own subject matter over conflicting Website language. Specific online terms accepted for a particular feature control that feature to the extent of a conflict. Nothing here modifies a nondisclosure agreement, transaction agreement, lease, offering document, or legally required disclosure without the modification procedure that document or applicable law requires. These Terms do not import Website arbitration into a separate transaction that has its own dispute terms.
Our Privacy Policy separately explains personal-information practices. It is not an unrestricted data-use license, and acceptance of these Terms does not replace cookie consent, marketing consent, financial or screening authorizations, or other legally required choices. Mandatory law controls any conflict, including concerning privacy, consumer protection, securities, fair housing, accessibility, and statutory remedies.
Broadview Real Estate is the property investment, development, and asset-management platform of Broadview Capital and operates across global markets. Its activities may be carried out through offices, regional teams, affiliated entities, property-owning companies, development and project entities, joint ventures, managers, local professionals, and business partners across the Americas, Europe, the Middle East, and Asia-Pacific. The Company identified in Section 1 operates this Website. Broadview Capital, Company, landlords, property-owning companies, development entities, project entities, managers, and joint ventures remain separate legal persons unless a binding agreement expressly provides otherwise. A reference to "our" offices, regions, properties, projects, portfolio, or activities may describe an affiliated, managed, joint-venture, local, or proposed activity and does not by itself establish ownership by the Website operator, agency, joint liability, or authority to bind another entity.
"Protected Parties" means Company, its parents, subsidiaries, affiliated entities, property-owning and project entities, investment vehicles, funds, general partners, managers, and joint ventures, their respective predecessors, successors, and assigns, and each of their respective members, partners, shareholders, directors, officers, managers, employees, agents, representatives, advisers, insurers, licensors, contractors, and service providers, solely in their relevant capacities concerning the Website. The definition gives intended beneficiaries the protections expressly provided here; it does not make them all contracting parties or establish agency, joint liability, or common ownership of every asset mentioned.
No parent, affiliate, investor, lender, member, manager, shareholder, officer, employee, or representative becomes liable for another entity's obligations, or guarantees a property, investment, transaction, or Website obligation, merely because of shared branding, personnel, addresses, resources, ownership, or a Website reference. Recourse for a contractual obligation is against the entity that expressly undertakes it in a binding agreement, subject to that agreement and applicable law. There is no personal recourse based solely on status or office. This provision does not release a person's own actionable wrongdoing, defeat a signed guarantee, or override nonwaivable law.
The Website provides general information about property investment, development, ownership, leasing, and related activities. Unless an authorized definitive agreement expressly provides otherwise, a listing, rendering, floor plan, availability statement, quotation, invitation to inquire, tour, application link, or expression of interest is not a binding offer, reservation, right of first refusal, allocation, lease, purchase contract, or commitment to develop or deliver a property.
Submission of an inquiry does not reserve space, establish a place in a binding queue, approve an application, create a tenancy, establish creditworthiness, or authorize a consumer report. Required application disclosures, screening authorizations, deposit terms, and transaction conditions must be separately provided and accepted. We may decline an opportunity or discontinue discussions subject to applicable law, including fair-housing and anti-discrimination requirements.
Only the applicable owner or other authorized contracting entity can undertake a property obligation through the required binding documents. A website operator, parent, affiliated platform, concierge, designer, broker, or property manager does not bind an owner merely by describing a project. Nothing in these Terms displaces a representation, warranty, disclosure, deposit right, or remedy provided by mandatory law or a signed agreement.
Non-reliance. You acknowledge and agree that you are not relying, and will not rely, on any Website content, statement, estimate, projection, rendering, or communication made through the Website in deciding whether to enter into any transaction, investment, lease, purchase, financing, employment, or other relationship with any Broadview entity, and that any such decision will be based solely on the applicable definitive documents, legally required disclosures, and your own independent investigation and professional advice. This acknowledgement is a material inducement to our making the Website available, applies to the fullest extent permitted by applicable law, and does not override a representation expressly made in a signed definitive agreement.
Renderings, animations, virtual tours, photographs, diagrams, maps, floor plans, models, and other visual materials may be conceptual, digitally enhanced, staged, illustrative, or representative of another phase or configuration. Furnishings, finishes, landscaping, public improvements, surrounding buildings, signage, views, amenities, and equipment shown may not be included or may change. Materials are not approved construction documents, survey instruments, engineering reports, accessibility certifications, or warranties of final appearance.
Dimensions, areas, capacities, heights, unit counts, parking counts, and other measurements are approximate unless an applicable binding document expressly states otherwise. Gross, rentable, usable, building, and net areas may use different conventions. A rentable area may include an allocation of common areas, a load factor, or another stated methodology. No BOMA, residential, or other measurement standard is implied unless expressly identified. Verify the applicable standard and measurement in the definitive transaction documents.
Plans are not necessarily to scale, and perspective, lens effects, grading, orientation, and nearby development may affect an image. You must not use Website materials for construction, permitting, fabrication, an appraisal, or a title or boundary determination. Independent verification and appropriate licensed professional advice are required for those purposes.
Except to the extent a binding agreement or mandatory law provides otherwise, the applicable developer or owner may change a project's design, scope, mix of uses, configuration, phases, floor plans, materials, finishes, size, systems, amenities, branding, pricing, leasing program, ownership, financing, contractors, consultants, or schedule; substitute comparable or different elements; or defer, suspend, sell, or abandon a proposed project. A Website description does not itself impose a duty to start or complete construction.
Development depends on matters such as land and title rights, zoning, permits, historical reviews, utilities, access, governmental approvals, financing, costs, market demand, labor, materials, weather, casualty, litigation, and counterparties. Announced commencement, completion, opening, occupancy, delivery, or stabilization dates are estimates unless expressly guaranteed in a binding agreement. The existence of plans or a public announcement does not establish approval, funding, or certainty of completion.
Statements about public spaces, incentives, infrastructure, adjacent development, hotels, retailers, restaurants, transit, neighborhoods, or government participation may depend on independent parties and separate approvals. Company does not guarantee third-party delivery or continued operation. These reservations do not authorize unlawful substitution, concealment, discrimination, or breach of an executed agreement.
Advertised rents, prices, concessions, operating expenses, taxes, fees, parking rates, and other economic information may be date-specific, subject to qualification, or based on assumptions. Confirm the complete current terms, availability, included services, additional charges, and conditions with the authorized representative before making a decision. A Website statement does not guarantee continuing availability or a particular price, but all legally required pricing disclosures and existing binding commitments remain effective.
Descriptions of amenities, concierge services, security, technology, sustainability, energy efficiency, certifications, accessibility, views, sound conditions, or service levels reflect the stated scope and stage of the project. Planned certifications are not obtained certifications. Security measures do not guarantee safety or prevention of crime. Views, light, traffic, surrounding uses, and access may change, including because of development outside the owner's control.
The Website is not a substitute for a physical inspection, survey, title review, environmental assessment, accessibility review, property-condition assessment, or other appropriate diligence. Neighborhood, school, demographic, hazard, flood, transport, and market information may come from third parties and should be independently verified. No Website disclaimer waives a landlord's statutory duties, a required condition disclosure, habitability rights, or a duty concerning personal injury.
Equal housing opportunity. Company and its affiliates support the federal Fair Housing Act and applicable state and local fair-housing laws. If residential housing is at any time described on the Website, it is offered on an equal-opportunity basis, without regard to race, color, religion, sex, familial status, national origin, disability, or any other characteristic protected by applicable law, and nothing on the Website expresses or implies a preference, limitation, or discrimination on any protected basis.
Property investment and development involve risks, including loss of capital, leverage, vacancy, tenant defaults, financing changes, cost overruns, delays, casualty, title or environmental issues, changes in taxation, and illiquidity. The Website is not a securities offering, individualized investment recommendation, appraisal, tax opinion, financing commitment, or promise of return. Any actual investment or financing is governed by its applicable definitive documents and required disclosures.
Past performance is not a guarantee of future results. Target returns, pro formas, rents, occupancy, net operating income, valuations, estimated savings, capitalization rates, costs, financing terms, subsidies, credits, and development values are assumptions or estimates unless expressly described as verified historical facts. They may not include all fees, expenses, taxes, dilution, leverage effects, or timing differences. Actual outcomes can differ materially and adversely.
Pipeline, square-footage, and future development-value figures may include proposed, contingent, phased, jointly owned, unfinanced, or unapproved projects. They are not equivalent to completed assets, audited assets under management, net equity, available cash, or guaranteed value. Information about historic tax credits, abatements, public incentives, approvals, or government participation is not confirmation of eligibility or receipt. These statements do not excuse misleading advertising or noncompliance with securities, lending, tax, or other mandatory law.
A Website reference to brokerage, management, leasing, or advisory activity does not itself establish a licensed brokerage relationship, agency, representation of you, or a fiduciary duty. Any legally required agency disclosure and the applicable written engagement determine the relationship. The relevant licensed entity or person, not every affiliate, performs regulated services where licensing is required.
Introducing an opportunity, forwarding a listing, registering a prospect, conducting a tour, or communicating through the Website does not alone entitle a broker, finder, consultant, or intermediary to a commission, referral fee, reimbursement, protection period, or exclusivity. Any entitlement requires the applicable written agreement with the authorized obligated entity and satisfaction of applicable law. Existing enforceable agreements and nonwaivable rights are not impaired.
No Website content grants permission to enter property, a construction site, roof, restricted area, or occupied premises, conduct testing or surveys, use drones, or take commercial photographs. Tours and inspections require express arrangements and compliance with lawful site rules, safety procedures, and separate access agreements. These Terms are not a personal-injury release or a substitute for an appropriate site-access agreement.
The Website and its text, design, layouts, compilation, software, graphics, photography, video, renderings, drawings, models, marks, names, and other materials are owned by Company or its licensors and are protected by applicable intellectual-property laws. All rights not expressly granted are reserved. The Broadview name and logo, the names and logos of our properties, projects, funds, and businesses, and all related names, designs, slogans, and trade dress are trademarks of Company, its affiliates, or its licensors, whether or not registered, and may not be used without prior written permission. Display of third-party content does not transfer any rights to you.
Subject to these Terms, Company grants you a limited, revocable, nonexclusive, nontransferable license to view public Website content and make reasonable copies solely for your personal information or your organization's internal evaluation of a potential relationship with us. Keep all proprietary notices intact. This license excludes commercial republication, resale, sublicensing, use in another party's offering or marketing materials, and any construction or development use of drawings or concepts.
You may not reproduce, modify, translate, distribute, publicly display, create derivative works from, or commercially exploit protected content beyond that permission without the applicable rights holder's written consent, except where nonwaivable law permits. You may not use a Broadview name or mark in advertising, domain names, metatags, social accounts, securities materials, or statements implying endorsement without authorization. No permission is granted to register confusingly similar intellectual-property rights. Unauthorized use of Website materials may violate copyright, trademark, privacy, publicity, and other laws. You acknowledge that a breach of this Section 10 or Section 11 may cause irreparable harm for which monetary damages would be an inadequate remedy, and that Company and the applicable rights holder may seek injunctive or other equitable relief in addition to any other available remedy.
You may not scrape, harvest, systematically download, mirror, or extract Website content or contact information; build a competing database; evade access limits; or use the Website or protected materials to train, fine-tune, validate, or populate artificial-intelligence models or commercial retrieval systems without our written authorization, except as applicable nonwaivable law permits. You may not use automated tools to misrepresent Company, generate fraudulent inquiries, or reproduce project designs for another development. Company expressly reserves all rights in Website content for purposes of text and data mining, machine learning, and artificial-intelligence training and retrieval, including under Article 4(3) of Directive (EU) 2019/790 and any equivalent law, and will express that reservation in machine-readable form where feasible. Access to the Website by an automated agent, crawler, or artificial-intelligence system constitutes acceptance of these Terms by the person or entity that deploys or directs it.
Public search engines may index public pages in compliance with applicable robots directives, reasonable technical restrictions, and a revocable permission limited to ordinary search results. This is not permission for model training, bulk republication, paywall circumvention, or extraction of restricted material. Lawful quotation, criticism, accessibility tools, and other protected uses remain subject to applicable law rather than being prohibited solely because a tool is involved.
You may create an ordinary link to a public page that does not misrepresent affiliation, frame the Website deceptively, conceal the source, or imply our endorsement. Company may withdraw a permission it has granted and may block technically harmful or unauthorized access, subject to law.
Use the Website only for lawful, authorized purposes. You must not introduce malware; test or bypass security without written authorization; interfere with service; overload infrastructure; access another user's information; evade authentication; use false identities; impersonate a Broadview entity or representative; send spam; make fraudulent submissions; infringe intellectual property; disclose information unlawfully; or violate applicable sanctions, export controls, privacy, anti-discrimination, or other law.
Do not submit unlawful threats, abusive material, defamatory statements, or material you have no right to provide. Do not use Website contact information for harassment, phishing, fraudulent payment requests, or unauthorized mass solicitation. Do not assist another person in prohibited conduct. These restrictions do not prohibit lawful consumer reviews, criticism, reports to authorities, whistleblowing, protected concerted activity, or the exercise of a statutory right.
Company may investigate suspected misuse, preserve relevant records, restrict access, and cooperate with appropriate authorities as permitted by law and the Privacy Policy. This does not create a general duty to monitor all communications or a representation that monitoring will detect every misuse.
You are responsible for the accuracy, legality, and authorization of information you submit and for obtaining necessary permissions from other rights holders. Company may remove, decline, or restrict a submission where appropriate, subject to applicable law and any separate agreement. We do not undertake to publish, credit, return, or compensate a submission simply because it was received. You represent and warrant that your submissions are accurate and not misleading, do not contain malicious code, and do not violate any law or any third party's rights.
For ordinary inquiries and business materials, you grant Company and its affiliates a nonexclusive, worldwide, royalty-free license, sublicensable to their service providers and advisers, to receive, store, reproduce, process, route, analyze (including with automated or AI-assisted tools), evaluate, and respond to them, and to use them for compliance, security, recordkeeping, and dispute-resolution purposes, in each case subject to the Privacy Policy, applicable confidentiality obligations, and law. You retain ownership of your original materials. No general Website license gives Company an unrestricted right to disclose personal information, use another person's trade secrets, or exploit confidential transaction materials.
If you voluntarily provide nonconfidential suggestions or feedback specifically about our Website, services, or business processes, you grant Company a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable, royalty-free license to use and incorporate that feedback without compensation or attribution, to the extent you have the right to grant it and the law permits. This feedback license excludes personal information as such, job-application materials, confidential business proposals, and material governed by a separate agreement.
Access to restricted content is by permission, may be limited or revoked for lawful reasons, and may require separate terms. Keep credentials confidential; do not share, resell, or transfer access; and notify us promptly of suspected compromise. You are responsible for all activity that occurs under your credentials until you notify us of a suspected compromise, except to the extent the activity results from Company's failure to meet its legally required security obligations.
Data-room access does not establish a right to invest, bid, receive financing, or complete a transaction. Separate confidentiality, diligence, securities, and access terms control where applicable. No upload or download creates a safe storage or backup service. Maintain appropriate copies of your own records, without copying material you are not authorized to retain. Company may suspend access to address security, legal, or compliance concerns, subject to its separate obligations.
The Website may contain links, embedded services, market data, news, references, or materials supplied by independent parties. A link or reference is not adoption of every statement or endorsement of the third party. Separate terms and notices may apply. Company is not responsible for an independent party's acts solely because its content or service is accessible through the Website, but this does not exclude liability imposed by law for Company's own conduct.
Market commentary and external data may be delayed, incomplete, or superseded. An automated assistant, estimate, calculator, translation, or generated summary, if offered, may contain errors and is not authorized to negotiate, approve credit, make an investment recommendation, waive requirements, or bind any Broadview entity unless an expressly identified transaction process lawfully provides otherwise. Confirm important information with an authorized person and the applicable definitive documents.
You agree that communications concerning Website features you request may be provided electronically where lawful. This does not replace a statutory electronic-record consent, required delivery method, signed transaction document, or separate agreement. A typed name, click, or electronic acknowledgement has the effect assigned by applicable law and the relevant acceptance process; a general contact message is not automatically a signature on a transaction.
Providing contact details permits us to respond to the inquiry within applicable law. It does not itself constitute consent to automated marketing, prerecorded calls, marketing texts, or unrelated uses requiring separate consent. Marketing preferences are addressed in the Privacy Policy and any separately accepted program terms. We may send legally permitted operational, security, and directly requested communications despite a marketing unsubscribe.
Do not use a general Website form for an emergency, imminent safety issue, statutory property notice, lease default notice, or time-sensitive contractual delivery unless the controlling agreement or law designates it for that purpose. This restriction does not prevent valid privacy requests, arbitration opt-outs, or dispute notices through the methods these Terms expressly provide.
Fraudsters may impersonate Broadview personnel, spoof email addresses, create look-alike websites, intercept communications, or send false payment instructions. A logo, familiar name, apparently correct domain, copied email thread, or automated confirmation is not sufficient verification of authenticity.
Before sending funds or acting on a change to banking or payment instructions, independently verify the instructions with a known, authorized representative using a previously established telephone number or another independently verified channel. Do not rely on the contact details included in the disputed message. Never send passwords or financial-account credentials through a general Website form. Contact Company promptly about suspected impersonation and contact your financial institution immediately after a suspected fraudulent transfer.
These precautions do not guarantee that fraud can be prevented, create an escrow or payment-protection service, or release Company from responsibility imposed by law for its own acts or omissions. Separate transaction documents control authorized payment procedures.
Subject to applicable law and separate obligations, Company may modify, correct, update, restrict, suspend, or discontinue all or part of the Website or its features, temporarily or permanently, for operational, commercial, security, compliance, or other legitimate reasons. No minimum availability, response time, storage period, or continued feature is promised unless expressly stated in a binding agreement. Company has no obligation to retain, back up, or return content or data submitted through the Website except as required by applicable law or a separate agreement.
Events outside reasonable control, such as internet or utility failures, cyber incidents, severe weather, war, government action, labor disruption, and supplier failures, may interrupt the Website. This provision does not expand a force-majeure defense under a separate transaction or eliminate legally required security, notice, mitigation, or performance obligations.
We may terminate a Website permission for a material breach or other lawful reason. Upon termination, unauthorized use must stop, and any required return or deletion of restricted material remains subject to the applicable agreement and law. Provisions intended to survive, including ownership, permitted feedback licenses, accrued obligations, liability limits, dispute provisions, and statutory-rights protections, survive to the extent lawful.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, OR FREEDOM FROM HARMFUL CODE, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.
The Protected Parties do not promise that the Website is error-free, current in every respect, uninterrupted, secure against every threat, or suitable for a particular transaction or purpose. Information may contain errors or omissions and may change. Any reliance you place on the Website or its content is at your own risk, and you assume full responsibility for any loss or damage to your devices, systems, or data resulting from Website use or from downloading any material. No informal Website statement or response enlarges these Website warranties unless an authorized binding agreement expressly does so.
These disclaimers concern Website use. They do not override express obligations in signed documents, legally required disclosures, mandatory warranties, consumer guarantees, privacy or security duties, or liability that cannot lawfully be disclaimed. They do not authorize fraud or misleading statements.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROTECTED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, LOST OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR LOSS OF DATA ARISING OUT OF THE WEBSITE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
SUBJECT TO THE EXCLUSIONS BELOW, THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED PARTIES FOR ALL CLAIMS ARISING FROM THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF US $100 AND THE AMOUNT YOU PAID COMPANY SPECIFICALLY FOR USE OF THE WEBSITE FEATURE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
The cap is a Website-use allocation of risk, not a limit on obligations concerning capital contributions, investment proceeds, deposits, rents, purchase prices, financing, management services, or other separate transactions. Those amounts are not Website-use fees and are governed by their own documents and applicable law. The cap does not itself create an entitlement to recover $100.
The exclusions and cap do not apply to the extent applicable law prohibits their application, including, where and to the extent so prohibited, to liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or death or personal injury, or to any other liability or remedy that cannot legally be limited. They do not waive statutory privacy rights, required data-security obligations, securities-law protections, fair-housing rights, or any other nonwaivable protection. Where a jurisdiction limits a disclaimer, the lawful narrower limit applies. These terms allocate ordinary Website risk; they are not a release of unknown statutory claims or independently actionable misconduct.
The limitations in this Section 20 apply to the fullest extent permitted by applicable law, apply regardless of the form of action or legal theory and even if any limited remedy fails of its essential purpose, and reflect a reasonable allocation of risk that is an essential basis of the bargain between you and Company, without which Company would not make the Website available. Each Protected Party may rely on and enforce this Section 20. The aggregate cap applies to all Protected Parties collectively, not to each separately, and the same loss may not be recovered more than once by recharacterizing it under a different legal theory.
To the extent permitted by law, you will indemnify and hold harmless the Protected Parties from third-party claims, resulting damages, and reasonable legal costs to the extent caused by your access to or use of the Website in violation of law or these Terms, your breach of these Terms, your infringement or violation of another person's rights, your negligent or wrongful acts or omissions in connection with the Website, or material you submit without required authority. This does not require indemnification for a Protected Party's own negligence, fraud, gross negligence, willful misconduct, or breach of law, and does not apply to lawful reviews, privacy requests, or protected reports to authorities.
Company will give reasonably prompt notice of a claim, with delayed notice excusing your obligation only to the extent of material prejudice. Company may, at its election, control the defense and settlement of an indemnified claim with counsel of its choosing at your reasonable expense, or may permit you to assume the defense with qualified counsel reasonably acceptable to Company, in which case Company may participate with its own counsel at its own expense (or at your expense where an actual conflict of interest exists). You will provide reasonable cooperation at your expense. You may not settle a claim in a manner that admits wrongdoing by, imposes a nonmonetary obligation on, or fails to unconditionally release a Protected Party without that Protected Party's prior written consent. Company will not settle an indemnified claim in a manner that imposes on you a monetary obligation beyond the scope of your indemnity without your consent, not to be unreasonably withheld.
Nothing in these Terms waives a right or remedy that applicable law prohibits waiving or makes conditional on procedures not satisfied here. In particular, these Terms do not waive substantive protections under applicable privacy, data-security, securities, anti-fraud, consumer-protection, fair-housing, accessibility, or employment law, or governmental enforcement authority. A statutory right does not become waivable merely because we describe Website use as voluntary.
You may report concerns to regulators, law enforcement, or another authorized body and participate in protected investigations without notifying or obtaining permission from Company. Nothing prohibits truthful consumer reviews or lawful criticism. No provision restricts legally protected disclosures or requires disclosure of privileged communications.
We support equal opportunity and compliance with applicable anti-discrimination and accessibility requirements. Contact Company regarding an accessible format or difficulty using a feature. General marketing language does not reduce any specific accommodation or accessibility obligation that applies.
Subject to nonwaivable protections, these Terms and Website-related disputes are governed by Texas law, excluding conflict-of-laws rules that would select another jurisdiction's law. The Federal Arbitration Act governs the arbitration agreement in Section 24. This choice does not deprive a consumer of mandatory protections applicable in the consumer's home jurisdiction.
For a dispute that may properly proceed in court rather than arbitration, the parties submit to the state courts located in Harris County, Texas, or the United States District Court for the Southern District of Texas, Houston Division, as appropriate, except where mandatory law or Section 24 requires or permits another forum. Statutory venue rules, available small-claims rights, and nonwaivable consumer forum rights remain intact. Subject to those exceptions, you consent to the personal jurisdiction of those courts and waive any objection based on improper venue or inconvenient forum.
The Website is administered from the United States. Content may not be appropriate or available in every jurisdiction, and no offering is directed to a place where unlawful. You must comply with applicable laws governing your use, including relevant sanctions and export controls. Nothing here shifts Company's independent legal compliance obligations to you or requires use prohibited in your location. Without limitation, the Website is not directed at, and nothing on it constitutes a financial promotion, marketing communication, invitation, or offer to, any person in the United Kingdom, the European Economic Area, or any other jurisdiction where such a communication would require authorization, registration, or a prospectus or would otherwise be unlawful, and any such materials are made available only to persons to whom they may lawfully be communicated.
To the extent these Terms form an enforceable agreement between us, you and Company agree that disputes arising from the Website, these Terms, or Website-related communications will be resolved by binding individual arbitration rather than in court, except as provided below. The agreement covers contract, tort, statutory, and other legal theories within that scope and survives termination. It does not govern unrelated disputes or change the dispute provisions in a separate transaction, employment, lease, or investment agreement.
A Protected Party may invoke this section for a dispute arising from its relevant Website activities to the extent applicable third-party-beneficiary or other law permits, and is bound by the same applicable obligations when doing so. This provision does not create consent where contract-formation requirements were not met.
Before filing a covered arbitration or any permitted court action (other than a small-claims action or a request for urgent relief), the claimant must first send a written dispute notice identifying the claimant, relevant website, facts, requested relief, and a reasonable means of contact. The notice must be individualized to the claimant and personally signed by the claimant (in addition to any counsel); a form notice covering multiple claimants does not satisfy this requirement. Notices to Company may be sent to info@broadviewre.com with "Broadview Real Estate - Dispute Notice," or by mail under Section 28. Company will use the contact information you provide for its notice. The parties will attempt a good-faith resolution for 30 days after receipt, and applicable contractual limitations periods are tolled during that period to the extent permitted by law. Completion of this process is a condition precedent to initiating arbitration or litigation, and either party may ask a court or the arbitrator to stay or dismiss a proceeding commenced without it.
This process does not require disclosure of privileged material, an in-person conference, or payment, and does not prevent protective filing to avoid a statutory deadline, urgent relief, small-claims proceedings, privacy requests, or regulator complaints. A technical defect that does not materially impair resolution will not forfeit a claim.
Arbitration will be administered by the American Arbitration Association ("AAA") before one neutral arbitrator. Its Consumer Arbitration Rules and required consumer due-process protections apply whenever AAA determines the relationship is a consumer relationship; otherwise its Commercial Arbitration Rules apply. The applicable published AAA rules, including the AAA Mass Arbitration Supplementary Rules and associated fee schedules, govern, together with the additional procedures in Section 24.7. Rules and filing information are available from AAA at www.adr.org or by contacting AAA.
For a consumer, hearings may take place by remote means, on documents where appropriate, or in a reasonably convenient location consistent with AAA rules and mandatory law. Houston is not a mandatory in-person hearing location for a consumer. For a nonconsumer business dispute, the legal seat is Houston, Texas, unless agreed otherwise. The arbitrator may award the individual relief available under applicable law, including applicable statutory remedies and fees, subject only to enforceable limits. The arbitrator must follow applicable substantive law and these Terms, may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim, and will issue a reasoned written decision. Discovery will be limited to what is reasonably necessary and proportionate to the claims, as determined by the arbitrator. The parties will keep the existence, content, and result of the arbitration confidential except as needed to enforce or challenge an award, to the extent required by law, or as both parties agree.
Company will pay the fees and costs required of a business by the applicable AAA rules, consumer standards, and law. A consumer will not pay more in required initial forum fees than the lesser of the applicable AAA consumer filing amount and the filing fee to begin the comparable claim in the consumer's local court; Company will pay the balance required to give effect to that protection. Each party bears its own attorneys' fees unless applicable law or an enforceable agreement permits an award. A consumer is not required to reimburse Company's arbitration costs merely for losing. If the arbitrator finds that a claim, counterclaim, or the relief sought was frivolous or asserted for an improper purpose under the standard of Federal Rule of Civil Procedure 11(b), the arbitrator may reallocate fees and costs to the extent permitted by the applicable AAA rules and law.
If AAA is unavailable or declines administration, the parties may agree on a qualified alternative with equivalent required protections. If they cannot agree, the dispute may proceed in a competent court under Section 23, subject to mandatory law. Company may not use its own failure to pay required fees or satisfy mandatory provider requirements to force a less protective forum.
Either party may bring an eligible individual claim in small-claims court. Either may seek temporary, preliminary, or permanent injunctive or other equitable relief from a competent court to protect intellectual property, confidential information, or systems, including against unauthorized access, scraping, or misuse of the Website, without waiving arbitration of arbitrable merits. Either may report a matter to a regulator. Claims that cannot lawfully be arbitrated are excluded.
A court, not the arbitrator, decides whether an agreement was formed, whether a person is bound, and the validity and enforceability of the class-action waiver in Section 24.5. All other disputes concerning the interpretation, applicability, scope, or enforceability of this Section 24, including whether a particular claim is arbitrable, are delegated to and will be decided exclusively by the arbitrator to the fullest extent permitted by law. This allocation does not override a court's nondelegable authority.
TO THE EXTENT PERMITTED BY LAW, YOU AND COMPANY AGREE TO BRING COVERED CLAIMS ONLY IN YOUR RESPECTIVE INDIVIDUAL CAPACITIES, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. NO ARBITRATOR MAY CONDUCT A CLASS ARBITRATION WITHOUT BOTH PARTIES' EXPRESS WRITTEN AGREEMENT AFTER THE DISPUTE ARISES. BY AGREEING TO ARBITRATION, BOTH PARTIES WAIVE A JURY TRIAL FOR ARBITRABLE CLAIMS.
This does not prohibit administrative coordination or batching authorized by applicable AAA rules or Section 24.7, provided that each claimant's claim remains individual; batching does not merge the merits of separate claims, create a class, collective, consolidated, or representative adjudication, or authorize relief for anyone other than the individual claimant. It also does not prohibit an authorized regulator proceeding or relief that cannot lawfully be waived. Public injunctive relief is not waived: if it cannot be arbitrated, it may be pursued in court, with any lawful stay of overlapping issues. A court will sever a nonarbitrable claim or remedy where lawful. If the individual-proceeding restriction is unenforceable for a particular claim, that claim proceeds in court rather than class arbitration, while arbitrable claims remain subject to this section to the extent lawful.
For a court claim outside arbitration, each party also knowingly waives trial by jury to the extent applicable law permits and legally sufficient assent exists. No jury waiver applies where prohibited or where a required waiver procedure has not been satisfied.
You may opt out of this entire Section 24, including its arbitration, class-action, and jury-trial waivers, within 30 days after first accepting these Terms, by emailing info@broadviewre.com with "Broadview Real Estate - Arbitration Opt-Out" or mailing notice under Section 28. Include your name, contact information, relevant website, approximate acceptance date, and a clear statement that you opt out. No lawyer, account, reason, or fee is required. Company will confirm receipt. A valid opt-out binds both you and Company, does not affect your other Website rights, and leaves the remainder of these Terms in effect.
If 25 or more dispute notices or arbitration demands raising similar claims against Company are submitted within a 180-day period by or with the assistance of the same, affiliated, or coordinated counsel (a "Coordinated Filing"), the following procedures apply in addition to the AAA Mass Arbitration Supplementary Rules, to the extent permitted by law and consistent with AAA's consumer due-process standards. (a) Each claimant must individually satisfy Section 24.2. (b) AAA may group individual demands into administrative batches of up to 100 for coordinated scheduling and case management, to the extent consistent with its applicable rules. Claims within a batch remain individual proceedings. AAA's applicable published rules and fee schedules govern the number of arbitrators, administrative structure, filing and case-management procedures, and fees; nothing in these Terms requires AAA to impose a single fee or consolidate claims on the merits. (c) After the first administrative batch is finally resolved, the parties will participate in a 60-day global mediation of the remaining claims, with the mediator's fees paid by Company; applicable limitations periods are tolled from submission of a compliant dispute notice until the conclusion of that mediation. (d) No award or merits determination in one individual claim binds a claimant in another claim except to the extent ordinary principles of preclusion lawfully apply, and every claimant retains the right to be heard on that claimant's own claim. (e) If a court determines that this Section 24.7 is unenforceable as to a particular claim, the remainder of this Section 24 continues to apply to that claim.
We may revise these Terms prospectively by posting an updated version and effective date and giving legally required notice. For a material change, we provide notice appropriate to the relationship and obtain renewed assent where required. To the extent permitted by law, your continued use of the Website after the effective date of a revised version constitutes acceptance of the revision, except as provided below for changes to Section 24. Posting alone does not retroactively change accrued rights or establish acceptance of a new arbitration agreement. A dispute is governed by the enforceable version applicable when the relevant claim arose, except as the parties otherwise validly agree.
A material change to arbitration will not apply to a dispute already known to either party. For later disputes, a material arbitration change requires any legally necessary notice and assent, and we provide a new 30-day opportunity to opt out of the changed Section 24. Absent valid agreement to a change, the last enforceable agreement, if any, continues to govern.
To the extent applicable law permits, a claim solely for breach of these Website Terms must be commenced within two years after it accrues under the governing law. This provision does not shorten a statutory period that cannot lawfully be shortened, change a statutory discovery or tolling rule, apply to personal injury or privacy, security, securities, discrimination, fraud, or other statutory claims, or modify a period under a separate transaction agreement. It does not extend a shorter deadline otherwise imposed by law. Any applicable tolling under Section 24 is preserved.
These Terms constitute the agreement concerning their Website subject matter, together with additional validly accepted feature-specific terms, but do not supersede separate agreements as described in Section 2. No waiver is effective merely through delay or a single failure to enforce. A waiver must be made by an authorized representative and applies only to its stated scope.
Company may assign these Terms as part of a lawful merger, reorganization, or transfer of the Website or relevant business, subject to any required notice and without reducing nonwaivable rights or releasing accrued liabilities by unilateral declaration. You may not transfer Website credentials, permissions, or these Terms without Company's written consent, except where applicable law permits. A transfer does not override the Privacy Policy or data-transfer restrictions.
If a provision is invalid, it will be severed or narrowed only to the extent a court may lawfully do so, and the remaining provisions continue in effect. Section 24 contains specific rules for invalid arbitration provisions. The Protected Parties are intended beneficiaries of provisions expressly protecting them, but no other third-party rights are created unless required by law.
Nothing creates a partnership, joint venture, employment relationship, agency, fiduciary relationship, or authority to bind another party merely through Website use. Headings aid navigation and do not limit substance. "Including" is illustrative, not exclusive. Contract notices follow Section 28 or the specific section concerned; ordinary electronic communications are not consent to formal service of process.
No rule of construction requiring interpretation against the drafting party applies to these Terms. An electronic acceptance of these Terms, including a click or typed name where prompted, has the same effect as a handwritten signature under the federal E-SIGN Act, the Texas Uniform Electronic Transactions Act, and similar laws. The English-language version of these Terms controls over any translation. Company's rights and remedies under these Terms are cumulative and in addition to any rights or remedies available at law or in equity.
Broadview Real Estate - Legal / Website Contact
10500 Richmond Avenue, Suite 200, Houston, Texas 77042
Email: info@broadviewre.com
Telephone: +1 (832) 476-3550
Website contact form: www.broadviewre.com/contact
Broadview Real Estate regional contacts for international real estate inquiries: Americas - americas@broadviewre.com; Europe - europe@broadviewre.com; Middle East - middleeast@broadviewre.com; Asia-Pacific - asiapacific@broadviewre.com. These regional inboxes are published by Broadview Real Estate for inquiries about acquisitions, partnerships, and development opportunities and may be used to direct cross-border inquiries to the relevant regional team. Legal notices, dispute notices, arbitration opt-outs, and other notices that must comply with these Terms should be directed to the Houston address or info@broadviewre.com, not solely to a regional inbox.
Identify the relevant website and purpose in your communication. Use the express email or mailing procedures in Section 24 for a dispute notice or arbitration opt-out. Use the Privacy Policy's channels for a privacy request. These contact methods do not replace service of process or a notice method required by a separate agreement unless expressly accepted or required by law.
For an intellectual-property concern, identify the protected work or right, the specific allegedly infringing material and its location, your contact information, your authority to complain, and the factual basis for the concern. Include any statements or signature required by applicable law. A general legal contact is not represented as a registered statutory copyright agent; any separately designated agent and mandatory procedure will be identified where applicable. Do not submit a knowingly false complaint.
