Terms of Use

Real Property and Infrastructure Institute, Inc. and Its Affiliated Entities Websites

Last Updated: July 1, 2023

Introduction

By accessing and utilizing any of the Real Property and Infrastructure, Inc., RPII Real Assets Education Foundation, and/or any affiliated entities (collectively, "RPII") websites (including, without limitation, www.rpii.org) or mobile apps that may be released by RPII and/or its affiliated entities from time to time (collectively, the “Sites”), you are acknowledging your acceptance of these Terms of Use and all applicable laws. It is essential that you carefully review these Terms of Use, along with the Privacy Policy, which is incorporated herein by reference. To understand how RPII collects and uses personal information, we request you to review the Privacy Policy, which is an essential part of these Terms of Use. If you have objections to any part of these Terms of Use or Privacy Policy, kindly discontinue use of the Sites.


Additional Terms and Conditions

Certain portions of the Sites may be subject to additional terms and conditions (“Additional Terms and Conditions”). These Additional Terms and Conditions may be made available to you through links, postings, pop-up notices, or other methods when accessing or using the relevant sections of the Sites. All Additional Terms and Conditions are considered a part of these Terms of Use and are incorporated herein by reference. Any reference to these Terms of Use includes all Additional Terms and Conditions. In any case of conflict between these Terms of Use and the Additional Terms and Conditions, the Additional Terms and Conditions shall take precedence and govern the specific portion of the Sites in question.


Educational and Informational Purposes Only

All text, graphics, images, and other material available on the Sites (collectively, the “Content”) is for educational and informational purposes only and is not intended to and should not be relied upon or used for tax, legal, accounting, or financial advice. Certain parts of the Sites may contain Content created by third parties. The views or opinions expressed in such third-party Content are solely those of the author(s) or the relevant Content and do not necessarily represent the views of RPII. RPII does not endorse or guarantee the accuracy of any third-party Content available through the Sites. You acknowledge that RPII is not accountable for any third-party Content on the Sites, and any reliance on such content is entirely at your own risk. The Disclaimer and Limitation of Liability provisions in these Terms of Use remain unaffected and apply to this Content.


Copyright

All Content on the Sites is protected by applicable copyright and trademark laws in the United States and internationally, unless stated otherwise. All Content is the property of RPII or the party credited as the provider of the Content. Unauthorized use of this Content is strictly prohibited, except as expressly allowed under these Terms of Use or with RPII’s prior written consent. You may view, download, and print the Content for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Content on any copy. You may not alter or remove any copyright or other notice from any copies of the Content on the Sites. In no event are you authorized to sell, offer to sell, transfer, assign, license, sublicense, distribute, publish, display, perform, modify, create derivative works, transmit, or otherwise use the Content in any way for any public or commercial purpose. Deep linking, framing, and the use or posting of the Content on any other website or in a network computer environment, including a local area network, are expressly prohibited.


Trademark

Trademarks, service marks, and logos, including but not limited to CRAA, CERTIFIED REAL ASSETS ANALYST, Real Property and Infrastructure Institute, RPII Real Assets Education Foundation, RPII, and RPII RAE (collectively, the “Marks”), used and displayed on the Sites are our registered and/or unregistered marks and nothing on the Sites should be construed as granting any license or rights to use any Marks without our prior express written permission specifically for each use. Unauthorized use or misuse of Marks is strictly prohibited, and RPII reserves the right to enforce its intellectual property rights to the fullest extent of the law.

Third-party product and service names found on the Sites may be trademarks of their respective owners. The absence of an identification of third-party marks or the lack of an attribution of ownership of such marks on the Sites should not be construed as any claim of rights by RPII.


License to Use Submitted Content

By making any submissions or communications on the Sites, you grant RPII a perpetual, irrevocable, worldwide, royalty-free, nonexclusive, and fully sublicensable right and license to use, reproduce, distribute, and create derivative works of all such content you post. You warrant that you own, control, or have the rights necessary to share the content and grant RPII the described license.


Digital Millennium Copyright Act

RPII has implemented procedures to address alleged infringement of intellectual property rights under the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/dmca. RPII will respond expeditiously to claims of copyright infringement regarding Content on the Sites, if such claims are reported in writing to RPII's designated agent (the “DMCA Agent”) using the provided contact information.

Real Property and Infrastructure Institute, Inc. and/or Its Affiliated Entities
C/O DMCA Agent
760 US Highway One, Suite 300
North Palm Beach, FL 33408-4424
Email: info@rpii.org with the subject line “Copyright Policy - DMCA Notification.”

Under the DMCA, a notification of claimed infringement must be in the form of a written communication provided to RPII’s DMCA Agent, containing the following information:

  • Identification of the copyrighted material or exclusive rights claimed to have been infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RPII to locate the material.
  • Information reasonably sufficient to permit RPII to contact the complaining party or the party’s authorized agent, such as a mailing address, telephone number, and/or electronic mail address.
  • A statement that the complaining party or the authorized agent of the complaining party has a good-faith belief that the use of the material or exclusive right in the manner complained of is not authorized by the owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the copyright or an exclusive right that is allegedly infringed.
  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of a copyright or an exclusive right that is allegedly infringed.

Any notice that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of the infringement. Upon receipt of notification as described above, RPII will take whatever action, in its sole discretion, it deems appropriate, including removal or disabling of the challenged Content from the Sites. Misrepresentations of infringement can result in liability for monetary damages.

If RPII takes down your material in response to a copyright or trademark notice, we will inform you in writing. In the event you believe that RPII has mistakenly removed or disabled your material, you have the option to submit in writing a counter-notice to RPII’s DMCA Agent (with contact information noted above) containing the following details:

  • Information reasonably sufficient for RPII to contact you, such as your name, address, telephone number, and, if available, an electronic mail address.
  • Reasonable identification of the material that RPII removed or disabled and its previous location before the removal or disabling.
  • A statement under penalty of perjury stating your good faith belief that RPII removed the material in error or due to a misidentification of the material.
  • A statement indicating your consent to the jurisdiction of the Federal District Court for the judicial district in which the address you provided is located (or the federal district court located in the State of Maryland if your address is outside the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  • An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

Upon receiving the counter notice, we will notify the party who submitted the original DMCA notification, informing them that RPII may reinstate the material within ten (10) business days if they fail to provide evidence of filing an action to enjoin your use of the material.


Links/Third Party Websites/Advertising

For your convenience, the Sites may include links to various other websites. However, RPII does not exercise control over these websites and disclaims responsibility for their content, as well as the accuracy or reliability of any information, data, opinions, advice, or statements found within those websites. It is important to note that RPII’s Privacy Policy applies only while you are on our Sites. Once you access another website through the provided links, we recommend reviewing that website’s privacy policy before disclosing any personal information. If you choose to visit any third-party websites linked to our Sites, you do so at your own risk. RPII retains the sole right to approve, reject, or terminate any link or linking program at any time.

Additionally, at its sole discretion, RPII may display advertisements from third parties on the Sites. Any communication or transactions with these advertisers found on the Sites are strictly between you and the respective advertiser. You agree that RPII shall not be held responsible for any loss or damage incurred as a result of such dealings or the presence of these advertisers on the Sites.


Registration and Username/Password Policy

To access specific sections of the Sites, you may need to register as a user and create a password. You are not permitted to (i) choose or use a username or email address of another person, intending to pretend to be that person, or (ii) use a username or email address of another individual. Furthermore, you may not select a username that RPII, in its sole discretion, deems offensive, improper, or inappropriate. RPII retains the sole right to alter or remove a chosen username.

By sharing your information as part of the registration process, you commit to providing true, accurate, up-to-date, and complete information about yourself, and to maintain and promptly update this information to keep it true, accurate, up-to-date, and complete. If you fail to provide or update information as required or if RPII has reasonable grounds to suspect inaccuracy in your provided information, we reserve the right to suspend or terminate your current or future access and use of the Sites.

You are expressly prohibited from allowing others, directly or indirectly, to use your registration, username, or password for the Sites. By accepting these Terms of Use, you agree to take full responsibility for maintaining the confidentiality and proper usage of your password. You are responsible for any communications made on the Sites using your password. You agree to promptly notify RPII of any loss, theft, or unauthorized use of your username and/or password. RPII will not be liable or held responsible for any loss or damage arising from your failure to comply with this section or these Terms of Use.


Disclaimer

THE CONTENT (INCLUDING ALL TEXT, GRAPHICS, IMAGES, AND OTHER MATERIAL AVAILABLE) FOUND IN THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. RPII EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. RPII DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE CONTENT.

PLEASE NOTE THAT CERTAIN JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF WARRANTIES, AND THUS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

RPII RESERVES THE RIGHT TO MAKE CHANGES TO THE SITES WITHOUT PRIOR NOTICE. ALTHOUGH RPII STRIVES TO ENSURE THE ACCURACY AND TIMELINESS OF THE CONTENT ON THE SITES, RPII CANNOT GUARANTEE THE CONTENT’S ACCURACY, COMPLETENESS, OR TIMELINESS. THEREFORE, CONTENT WITHIN THE SITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

RPII RETAINS THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE CONTENT CONTAINED WITHIN THE SITES AT ANY TIME, WITHOUT PRIOR NOTICE.


Limitation of Liability

USING AND BROWSING THE SITES IS ENTIRELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES SHALL RPII OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF RPII OR ANOTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS RESTRICT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless RPII and its affiliates as well as their employees, agents, directors, officers, volunteers, successors, and assigns, from and against any and all claims, actions, proceedings, demands, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Sites, any violation by you of these Terms of Use (including without limitation, any access to, use, or misuse of the Content or Sites by any other person using your username and/or password), or any other matter for which you are responsible under law.


Applicable Law

The Sites are controlled by Real Property and Infrastructure Institute, Inc. in the State of Maryland, the United States of America. As such, U.S. federal laws and the laws of the State of Maryland will govern these Terms of Use, excluding any conflicts or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Maryland, and/or the United States District Court for the District of Maryland, for any litigation arising out of or relating to the use of Sites, waive any objection to the venue of any such litigation in the State of Maryland courts and agree not to plead or claim in any State of Maryland court that such litigation brought therein has been brought in an inconvenient forum. EACH PARTY HERETO HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.


Waiver and Severability

The failure of RPII to exercise or enforce any right or provision in these Terms of Use shall not be considered as a waiver of such right or provision. All RPII's rights and remedies shall be cumulative and in addition to any other rights, remedies, or causes of action permitted by law, and they shall not exclude any other rights or remedies available to RPII.

If any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable for any reason, that provision shall be deemed separable and enforceable to the fullest extent permitted by law and shall not affect the validity or enforceability of any remaining provisions in these Terms of Use.


Updates

RPII retains the sole authority to modify these Terms of Use at any time by updating this page, without notice to you. It is advised that you visit this page from time-to-time to review the most current version of these Terms of Use, as it is binding on you. By using the Sites after any such modifications, you indicate your consent to abide by the revised Terms of Use. However, if you find any modifications unacceptable to you, your sole recourse is to discontinue using the Sites.


Termination

RPII offers the Sites at its discretion, and it reserves the right to change, modify, suspend, or terminate the Sites at any time. Additionally, RPII holds in its sole discretion the right to terminate your access to the Sites for any reason, which includes, but is not limited to, any violations, breaches, or non-compliance with these Terms of Use.


Entire Agreement

These Terms of Use constitute the entire agreement between you and RPII, replacing all prior agreements regarding your use of the Sites. By acknowledging that you have read these Terms of Use, you affirm that you understand their full force and effect.