Terms & Conditions

Effective Date: May 23, 2025

These Terms & Conditions (“Agreement”) delineate and formalize the legally binding parameters that govern your access to and use of the digital infrastructure, information repositories, data assets, and associated functionalities made available by ASU CRE Partners, Inc., a corporation conducting business under the trade name ASU Commercial (“Company,” “we,” “us,” or “our”). The platform, accessible at asucommercial.com (the “Service”), represents a comprehensive digital framework intended to facilitate commercial real estate engagement, including property evaluation, transaction facilitation, and user interaction. By accessing, navigating, or otherwise engaging with the Service, you (“User”) explicitly acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions contained herein. This Agreement constitutes a foundational legal instrument, designed to define the scope, limitations, and expectations associated with your use of the Service, and to ensure compliance with applicable statutory, regulatory, and contractual obligations.

1. Definitions

The following capitalized terms, as used throughout this Agreement, are to be interpreted with precision in accordance with established legal conventions and prevailing industry standards in the field of commercial real estate and digital services. These terms are integral to the uniform application of the provisions contained herein and are defined as follows: “Account” refers to a registered user profile maintained on the Service; “Affiliate” denotes any entity that is directly or indirectly controlled by, controlling, or under common control with ASU Commercial; “Cookies” are small text files stored on your Device to enhance website functionality and user experience; “Country” signifies the United States of America, or such jurisdiction as may apply; “Device” means any hardware used to access the Service, including desktops, laptops, smartphones, and tablets; “Personal Data” encompasses any information that can be used to identify an individual, such as names, contact information, and user behavior analytics; “Service Provider” refers to any third-party entity engaged by the Company to support the delivery of services; “Usage Data” includes information automatically collected from your interactions with the Service, such as browser type, access timestamps, and navigation patterns; “You” and “User” pertain to any individual or legal entity accessing, interacting with, or utilizing the Service in any capacity.

2. Acceptance of Terms

Access to and use of the Service is strictly conditioned upon your affirmation that you possess the legal capacity to enter into binding agreements. If you are a minor under the laws applicable in your jurisdiction, access is permissible only under the active supervision and explicit authorization of a parent or legal guardian. By engaging with the Service in any manner, you unequivocally agree to comply with all provisions outlined herein. If you find any part of this Agreement unacceptable or disagree with any stated terms, you are obligated to discontinue use of the Service immediately.

3. Permissible Use

Your use of the Service is confined to activities that are both lawful and ethical, as consistent with the standards of professional conduct within the commercial real estate sector. Acceptable use includes, but is not limited to, browsing real estate listings, evaluating market data, submitting inquiries, and initiating communication with ASU Commercial personnel. You shall not engage in any conduct that disrupts or compromises the integrity, security, or performance of the Service. Prohibited behaviors include unauthorized access, data exfiltration, dissemination of malicious software, intellectual property infringement, or use of the Service for unlawful financial gain. You are solely responsible for safeguarding your access credentials and for all activities conducted under your authenticated user profile.

4. Consent to Communication

By voluntarily providing ASU Commercial with your telephone number, email address, or physical mailing address, you grant your express, informed consent to receive communications from the Company through a variety of channels. Such communications may include, but are not limited to, marketing messages, service updates, transaction confirmations, and informational notices. These messages may be delivered via phone calls, text messages (SMS/MMS), email transmissions, or postal mailings, and may be facilitated through automated or pre-recorded technologies in accordance with applicable law. Standard messaging, data, or postage fees may apply depending on your service provider or carrier. You may withdraw your consent to receive non-essential marketing communications at any time by following the opt-out mechanism included in such messages or by contacting ASU Commercial directly.

The collection, handling, and processing of your Personal Data for communication purposes is governed by our Privacy Policy, which is linked here for reference. Your continued use of the Service constitutes acknowledgment of and agreement to the terms and data practices outlined in the Privacy Policy. It is your responsibility to ensure that your contact information is accurate, complete, and current to facilitate uninterrupted receipt of important communications.

5. User-Generated Content

Any content submitted to the Service by Users, whether in textual, graphical, audiovisual, or any other format, shall be treated as non-confidential and non-proprietary. By submitting such content, you grant ASU Commercial a perpetual, irrevocable, non-exclusive, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media or format. This license is granted without restriction and is applicable for purposes related to service enhancement, operational efficiency, marketing initiatives, and legal compliance.

You represent and warrant that you own or otherwise control all the rights to the content you submit and that its use by ASU Commercial will not infringe or violate the rights of any third party. The Company disclaims all responsibility and liability for any user-generated content, including but not limited to its accuracy, legality, decency, or reliability. Users are solely accountable for ensuring that their submissions comply with all applicable laws, regulations, and industry standards, and do not contain any material that is libelous, defamatory, obscene, offensive, threatening, or otherwise unlawful.

User-generated content may be reviewed or moderated at the sole discretion of ASU Commercial, but we undertake no obligation to do so. We reserve the right, without prior notice, to remove or disable access to any content that we determine, at our sole discretion, to be in violation of this Agreement or otherwise harmful to the integrity of the Service or the interests of our users, partners, or affiliates. Furthermore, by submitting content, you waive any moral rights or claims of attribution associated with said content to the extent permissible by law.

 

6. Intellectual Property

All content available through the Service—including, but not limited to, the underlying software code, graphical designs, layouts, trade dress, data compilations, text, logos, button icons, images, audio clips, digital downloads, videos, and other visual or audio elements—is either the proprietary property of ASU Commercial or licensed to it by third parties under enforceable legal agreements. These materials are protected under copyright, trademark, trade secret, and other applicable intellectual property laws in the United States and internationally.

You are granted a limited, non-transferable, non-sublicensable, revocable license to access and use the Service for personal or internal business purposes, strictly in accordance with this Agreement. This license does not permit you to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or its content without express prior written consent from ASU Commercial. Any unauthorized use constitutes a material breach of this Agreement and may subject you to civil or criminal liability.

All trademarks, service marks, and trade names used on the Service, whether registered or unregistered, are proprietary to ASU Commercial or their respective owners. Nothing in this Agreement shall be construed as granting any license or right to use any trademark displayed on the Service without the owner’s prior written permission. If you believe your intellectual property rights have been infringed upon by content on our Service, you may notify our legal department by providing sufficient information to enable us to investigate and respond accordingly.

 

7. Third-Party Services

The Service may contain links to, or integrate with, third-party websites, applications, and services that are not operated or controlled by ASU Commercial. Such third-party platforms may include social media networks, data aggregators, analytics providers, payment processors, or real estate listing services. Your interactions with these third-party entities are governed exclusively by their respective terms and privacy policies, and not by this Agreement.

ASU Commercial disclaims all responsibility for the content, functionality, accuracy, legality, or practices of any third-party service accessed through or linked from the Service. We do not endorse, control, or assume liability for any external content, services, or platforms, even if they are referenced or embedded within our Service. Any reliance on third-party content is undertaken at your own risk, and you assume full responsibility for any consequences, damages, or losses arising from such engagements.

8. Disclaimers and Limitations of Liability

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASU COMMERCIAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED AVAILABILITY. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE FREE FROM DEFECTS, VIRUSES, SECURITY VULNERABILITIES, OR ERRORS.

UNDER NO CIRCUMSTANCES SHALL ASU COMMERCIAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) ANY RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE; OR (C) UNAUTHORIZED ACCESS, ALTERATION, OR DESTRUCTION OF YOUR DATA.

9. Indemnification

You agree to indemnify, defend, and hold harmless ASU Commercial, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against all third-party claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable legal and accounting fees) arising out of or related to: (i) your access to or use of the Service; (ii) your violation of any term of this Agreement; (iii) any content you submit, post, transmit, or otherwise make available through the Service; or (iv) your violation of any law or the rights of a third party, including without limitation, intellectual property rights, privacy rights, or contractual obligations.

10. Termination

ASU Commercial reserves the right, in its sole discretion and without prior notice, to restrict, suspend, or terminate your access to all or part of the Service, and to delete any content associated with your account, for any reason including, but not limited to, violation of this Agreement, suspected fraudulent activity, or actions that compromise the integrity or reputation of the Service. Such termination may result in the permanent deletion of your content, account data, and access credentials.

You may terminate your use of the Service at any time by contacting ASU Commercial via the contact information provided below. Upon termination, all provisions of this Agreement which by their nature should survive shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

11. Governing Law and Jurisdiction

This Agreement and any disputes arising from or relating to it shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree that any claim or dispute between you and ASU Commercial that arises in whole or in part from the Service shall be resolved exclusively through binding arbitration conducted in Kern County, California, in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court of competent jurisdiction.

12. Amendments

We may revise, modify, or update these Terms & Conditions at any time, in our sole discretion. Material changes will be communicated via the Service or through other appropriate channels. It is your responsibility to regularly review the Agreement to remain informed of any updates. Continued use of the Service after any such modifications shall constitute your binding acceptance of the updated terms.

13. Force Majeure

ASU Commercial shall not be liable for any failure or delay in performing its obligations under this Agreement resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government regulations, pandemics, war, terrorism, labor disputes, internet outages, or other events of force majeure. Any delay resulting from such events shall extend the time for performance accordingly.

14. Miscellaneous

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire understanding between you and ASU Commercial regarding the use of the Service and supersedes all prior agreements or understandings, whether written or oral. The failure of ASU Commercial to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

15. Contact Information

For inquiries, feedback, or concerns related to this Agreement, please contact us using the following details:

ASU Commercial
Attn: Legal Department
11601 Bolthouse Dr, Suite 110
Bakersfield, CA 93311
Email: info@asucommercial.com
Phone: 661-862-5454