Legal notice

1. Preamble

1.1 PURPOSE OF THE USER CHARTER

The purpose of this Charter of Use (here is the purpose of the Charter) is to define the terms of use of the accessible website, in particular at the address www.realty-cleveland.fr (hereafter referred to as 'the Website') that invest US (hereafter referred to as 'the Company') makes available to Internet users (hereafter referred to by the 'Users').

1.2 EDITOR'S IDENTIFICATION

The User is informed that the Website is published by the company:

Invest US

17971 Biscayne Blvd, Ste 221, 33160 Aventura, FL

info@realty-cleveland.fr

1.3 EDITOR

The editor of the Website is Invest US.

1.4 CONTACT THE COMPANY

The User has the opportunity to contact the Company:
By simple letter to the address in Article 1.2 above;
E-mail using the contact form

1.5 DESIGN, REALIZATION, ACCOMMODATION

The website is hosted by OVH, whose contact details are:
OVH – 2 Kellermann Street, 59100 Roubaix

Definitions

For the purposes of this Charter, capital letters have the following meaning:

2.1 ' PARTENAIRES AND IMMOBILIER AGENTS': refer to real estate professionals, commercial agents, deficialisation advisors or others, who have signed a broadcasting contract with the Company of rental advertisements and/or sale of real estate on the Website.

2.2 'SITE INTERNET': refers to the interactive electronic service edited and operated by the Company, accessible in particular at the www.realty-cleveland.fr address, from which it allows access to its Services.

2.3 'SERVER': means a computer that hosts an application service and has a large amount of disk space where files are stored.

2.4 ' SITE INTERNET' is the hosting servers of the Website on which the Services made available to the User by the Company are installed and provided.

2.5 ' SERVICES': refers to the services provided by the Corporation on its Website and described in section 4 of this Charter.

2.6 'UTILISATEUR': refers to any natural person who accesses the Website for strictly private use.

SCOPE, ACCEPTANCE AND AMENDMENT OF THE CHARTER

3.1 The purpose of this Charter is to define the conditions under which the User benefits from the Services provided by the Company through its Website.
All services provided by the Company and made available to the User are detailed on the Company's website.

3.2 The subscription, access or use of the Services implies the unrestricted or reserved acceptance of this Charter by the User.

3.3 As this Charter may be amended, the applicable conditions are those in effect and available on the Company's website on the date the User has accessed the Website.

DESCRIPTION OF SERVICES PROVIDED BY THE COMPANY

The Services provided on the Company's website are to facilitate the User's efforts in his search for the rental, purchase and/or sale of a property by allowing him to benefit from the following Services:
I. the possibility of creating a personalized research space entitled 'My Account' through which the User will have the opportunity to access offers of rental and/or sale of real estate corresponding to specific search criteria that he has selected beforehand. This service also allows you to receive by e-mail the new offers of rental and/or sale of real estate corresponding to the criteria selected by the User;

a search service, visualization of rental offers and/or sale of real estate (apartment, house, villa, outbuilding, garage, etc.);

Iii. Access to the contact information of Real Estate Partners holding offers to rent and/or sell real estate on the Website;

a service to connect with the Company's Real Estate Partners
A simulation service designed to allow the User to perform specific calculations and obtain an approximate estimate of the calculated values;
A free subscription service to a personalized newsletter

Vii. A service for access to practical advice to support the User in his real estate project;

Viii. a real estate price consultation service.

The Services are described further on the Website. The User is informed that these Services are subject to constant evolution.

SERVICE 'My account'

5.1 SERVICE PRESENTATION 'My Account'

To always better support the User in his real estate project, the Company proposes to the User to build, online, his real estate project and thus to have a personalized space.
To do this, the User is invited to create a personal profile, via the 'My Account' section accessible on the Website.

5.2 CREATION OF THE 'My Account'

By going to the 'My Account' section accessible from the home page of the Website, the User is asked to fill out a form in which he will be asked to provide the information necessary to create his personal account name: his name, first name, a postal address, a valid email address and a password.

The only mode of communication between the Company and the User being the exchange of e-mails, the User declares and guarantees in this regard that the information transmitted by him to the Company is sincere and valid and that the email address provided when creating his account 'My account' is perfectly valid and in working order. It is the Company's responsibility to inform the Company of any changes to its e-mail address.

5.3 USER'S USER ID AND PASSWORD

By creating a 'My Account' account, the User has a unique identifier and a strictly personal password, which he undertakes to keep confidential and not pass on to third parties.
The user is only allowed to access and use the Services using his unique identifier and password.

Any access to the User's 'My Account' account with its unique identifier and password is deemed by right to have been made by the User.

Just as access to the Services with these IDs and passwords is done under the sole responsibility of the User.
Therefore, in the event of loss, theft or any fraudulent act with respect to its unique identifier and password, the User must inform the Company as soon as possible and justify on this occasion its identity by all means.

ACCESS AND AVAILABILITY OF SERVICES

6.1 ACCESS TO SERVICES

The Services are freely and exclusively available online on the Company's website.

6.2 SERVICE AVAILABILITY

The Company makes its best efforts to make its Services available 24 hours a day, 7 days a week, regardless of the maintenance operations of those Services and/or Servers and/or the Website.
As such, the Company is required to provide a means obligation.

The Company reserves the option of modifying, interrupting, at any time, temporarily or permanently all or part of the Services without prior information from Users and without the right to compensation.

GUARANTEES – RESPONSIBILITY – FORCE MAJEURE

7.1 USER GUARANTEE

By accessing the Company's website, the User declares, guarantees and commits to:

Access and use the Website and Services in good faith, reasonably, not contrary to the terms of this Charter and for strictly personal and non-profit use;
do not use devices or software other than those provided by the Company

affect or attempt to affect the smooth running of the Website and/or Services it contains
Ii. Or to extract, modify, consult, even in buffer or temporary memory, or for individualized use, all or part of the Website;

not to access and/or use the Company's Website and/or Services on the Website for unlawful purposes and/or for the purpose of damaging the company's reputation and image or, more generally, to infringe the rights, including intellectual property, the Company and/or third parties;
Do not directly or indirectly market Services and/or Access to Services and/or Access to the Website;
Do not reuse all or part of the Website and the Services it contains, particularly for commercial and/or collective purposes and/or for personal purposes in a form and/or media not authorized by the Company;
do not exploit the Services provided by the Company or the data to which it may have access via those Services and/or the Website for directly or indirectly commercial and/or personal purposes in an unauthorized form and/or media by the Company;
do not reproduce, represent all or part of the Website for private purposes beyond the legal exceptions provided, in particular by the Intellectual Property Code, or for direct or indirect marketing, particularly to third parties;
Do not limit access and use to the Website and/or Services;
Do not change, including in buffer or temporary memory, any mention or element of the Services and/or content of the Website;
do not contravene the provisions of Articles 323-1 to 323-7 of the Penal Code repressing the so-called 'hacking' practices;
do not use and/or exploit the electronic and/or postal contact information of other Users of the Website for the purpose of mass mailing solicitation emails and engaging in a 'spamming' practice.

In the event of a breach of any of these obligations and, without this list being limited, the User acknowledges and accepts that the Company will have the right to refuse him, unilaterally and without prior notification, access to all or part of the Website.

7.2 COMPANY WARRANTY

The Company provides the User with access to a number of Services to accompany the User as part of its real estate project.

The User is fully aware that the Company cannot guarantee the followings:

Listings for renting and/or selling real estate that he would like to see on the website;
responses to his requests to connect with Real Estate Partners that have posted listings for renting and/or selling real estate;
offers of real estate financing offered to him by the credit institutions or broker with whom he will have entered into contact via the Website;
and more generally to the user's specific needs.

Nor can the Company guarantee the quality of the approximate real estate estimates it has made through the Services available on the Website and for the sale of its real estate.

The Company disclaims any responsibility for the reliability and/or relevance of the information provided by Real Estate Partners and/or credit institutions on the Website – the information being posted online and disseminated under their full responsibility.

The Company makes its best efforts to connect users and Real Estate Partners and the Company's partner credit institutions offering their services via the Website.

Nor does the Company guarantee the conclusion of a contractual relationship between the User and the said Real Estate Partners and/or partner credit institutions.

Finally, not carrying out a credit establishment activity and limiting its intervention to simply connecting the User with its Real Estate Partners and the credit institutions or brokers partners of its Website, the Company cannot be held responsible for:

The quality of advice provided by Real Estate Partners and/or crediting to the User once they are connected through the Services;
In the event of a positive or negative, tacit or express response from a credit institution or partner broker to the User's request for financing;
The successful execution of the home loan between a partner credit institution or broker and the User;
The absolute legality of financing solutions offered by a partner credit institution;
the credit institution's failure to comply with the User's choices regarding the use of his personal data.

7.3 LIMITATION OF LIABILITY

The User is solely responsible for the use he makes of the Website and the Services to which he accesses from the Website.

The Company may not be held liable in any case in the context of a proceeding brought against the User who has been guilty of a non-compliant use of the Website and/or the Services it provides.

The User acknowledges and accepts in this regard that he will make his personal case of any claim or proceedings against the Company, as a result of his non-compliant use of the Services and/or the Website.

The website may contain hyperlinks to third-party websites.

In this regard, given the evanescent nature of the content that may be disseminated there, the Company cannot be held liable in the event that the content of those third-party websites violates the applicable legal and/or regulatory provisions.
In any event, the Company cannot be responsible:

in the event of unavailability of the Services for reasons such as the failure of the public electricity network, the failure of cable telecommunications networks, the loss of connectivity to the Internet network due to public or private operators, especially the User, whose causes stem from strikes, storms, earthquakes or any other cause with the characteristics of force majeure;
If the Services are used by a User under conditions that do not comply with the terms of this Charter;
within the limits of current legislation, for any indirect damage, including loss of profit, data or other loss of intangible property, even if the Company has been informed of the potential for such damages, which may occur.
I. use or inability to use the Services
Ii. access to these Services by an unauthorized User.
The Company cannot be held responsible for any malfunction of any kind relating to the User's computer equipment and its Internet access connection, when accessing the Website and more generally at the Services.

In particular, the Company cannot guarantee the User of Services on:

problems with speeds of access to Websites and/or speed of buffering the user's computer of videos accessible via the Services that the User would likely encounter.
The quality of texts, information, descriptions, photographs and videograms attached to listings of rental and/or sale of real estate published by the User and/or Real Estate Partners and accessible through its Services;

7.4 FORCE MAJEURE

The Company cannot be sought liable if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by the jurisprudence of the French Courts, including natural disasters, fires, malfunction or interruption of the telecommunications network or the electricity grid.

COMPLAINT – TECHNICAL ASSISTANCE

For any information of a technical or operational nature of the Services accessible via the Website, the User is invited to refer to the section entitled 'Contact' accessible on the Website and/or to address his complaint to the contact details covered by article 1.3 of these Charter.

Intellectual Property

9.1 COPYRIGHT ON THE COMPANY'S WEBSITE

The Company is the owner or dealer of intellectual property rights in both the overall structure of the Website and its content (texts, slogans, graphics, images, videos, photos and other content).

Therefore, in accordance with the provisions of Book 1 of the Intellectual Property Code, any representation, reproduction, modification, distortion and/or total or partial exploitation of the Website and/or its contents and/or Services, by any process and on any medium, without the express and prior permission of the Company, is prohibited and constitutes acts of copyright infringement.

Similarly, any unauthorized exploitation of the Website and/or its content and/or Services engages the user's criminal and civil liability on the basis of copyright infringement.

The Company intends to disclose the Website and Services only to allow access to it over the Internet, including:

from an equivalent computer or terminal with access to one or more telecommunications networks that allow access to the Internet and Internet navigation software (such as Internet Explorer, Mozilla Firefox, etc.);
A telephone terminal with access to a telecommunications network that allows access to the Internet network (3G connection, Edge, etc.);

Iii. The computer application www.realty-cleveland.fr accessible from an iPhone-type phone® and subject to special conditions of use.

Any other use of the Website and/or Services is deemed by law to be reserved for the Company and constitute an infringement of its right to disclose on the Website and/or Services.

9.2 DISTINCTIVE SIGNS

The trademarks, logos, corporate names, acronyms, trade names, signs and/or domain names of the Company and/or its business partners mentioned on the Website, allowing access to the Services made available by the Company, are distinctive signs that are not sceptable for use without the express and prior permission of the owner.

Any representation and/or partial or total reproduction of these distinctive signs is therefore prohibited and constituting trademark infringement, in accord with the provisions of Book 7 of the Intellectual Property Code, usurpation of a corporate name, trade name and domain name involving the tort of its author.

9.3 DATABASES

The User irrevocably acknowledges that the Website and Services consist of one or more databases made available by the Company as the producer of those databases within the meaning of the provisions of Articles L.341-1 and the following of the Intellectual Property Code.
Therefore, in accordance with the provisions of Article L. 342-1 of the same Code, the User refrains from:

the permanent or temporary transfer of all or a qualitatively or quantitatively substantial portion of the contents of one or more of the databases available on the Website and/or Services on any other medium, by any means or form, including for use or consultation by a media and/or process not authorized by the Company;
The reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of one or more of the databases available on the Website and/or Services, in any form, including by a hyperlink, a media and/or a process not authorized by the Company;
the constitution, publishing, maintenance, updating, importing, exporting, making available to third parties, free of charge or expensive, and participation in the above acts of a competing database from all or more of the Company's databases;
Viewing on a screen by another process or medium than those by which the Company intends to disclose the Website and Services as specified in Section 9.1;
generally speaking, any extraction, use, storage, reproduction, representation or conservation, direct or indirect, partial or total, including in buffer or temporary, qualitatively or quantitatively substantial memory of the contents of one or more of the Company's databases, committed by any of the processes referred to above is strictly prohibited, including by a medium not authorized by the Company.

9.4 SERVICE CONTENT

The User acknowledges and accepts that access to the Website and Services made available to him by the Company cannot take away any transfer or concession of intellectual property rights (including copyright) and other rights to the user.

Access to the Services is exclusively limited to the user's private and personal use under the conditions and limits set out in this Charter and in accordance with the provisions of Article L.122-5 2 of the Intellectual Property Code.

Thus, the User recognizes and accepts that the private and personal use granted to it by the Company, in respect of access to its Services, excludes in particular access to the Services for the collective use of its content, reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation, correction, and this both free and expensive , all or part of the Website, Services, and their contents.

9.5 HYPERLINKS

The hyperlinks available on the Website, allowing access to the Services, to other websites and generally to any existing resources on the Internet cannot be the responsibility of the Company.

Under no circumstances will the User be able to set up hyperlinks to deep pages of the Websites, allowing access to the Services, by any technical process intended to bypass the user's field of identification or to proceed with the aspiration of all or part of the content of the Services made available by the Company. The 'framing' technique is prohibited, unless express and prior authorization from the Company.

PRIVACY

10.1 PERSONAL DATA

10.1.1 Nature of user data collected by the Company

Among the user's personal data that the Company collects from the User may include:
His first and last names;
To his postal address;
His email address
His IP address (virtual address of his computer);
Its unique identifier and password
Its age group;
Its level of taxation;
His type of property sought after,
Interest in buying;
Its investment budget;
The amount of the contribution
Subjection to the EWB;
It will take time to complete;
To his dates of stay.
Whether or not he owns his main residence

10.1.2 Treatment Manager

The Person responsible for the processing of the User's personal data is the Company whose contact information is covered by section 1.2 of this Charter.

10.1.3 Final treatment

The User's personal data collected from him and processed by the Company is intended to enable the Company to:
Establish general traffic statistics on its website and the various sections it contains;
E-mail the User with replies, various information or advertisements posted on the Website by the Company or its Real Estate Partners;
Send newsletters to the User by email about the evolution of the website and the various sections of the website;
to forward user enquiries to third-party partners selected by the Company.

10.1.4 CNIL Statements

In accordance with the provisions of Act 78-17 of January 6, 1978 relating to Computer Science, Files and Freedoms, amended by Act No. 2004-81 of August 6, 2004, the User is informed that:
The Website was the subject of a CNIL declaration No. 1636177;
The Company's client files were also reported to the National Commission for Information Technology and Freedoms (CNIL).

The Company is committed to protecting all of the User's personal data, which is collected and treated by the Company with the strictest confidentiality, in accordance with the provisions of the Aforementioned Act.

10.2 RIGHT TO OBJECT TO ACCESS, RECTIFICATION AND REMOVAL OF THE USER

10.2.1 Right of Objection, Access, Rectification and Suppression

In accordance with the provisions of Sections 38, 39 and 40 of Act 78-17 relating to computer science, files and freedoms of January 6, 1978 amended by Act No. 2004-81 of August 6, 2004, the User has, at all times, the ability to:
To object to the processing of its personal data as part of the Services provided by the Company (Article 38 of the Computer Science and Freedoms Act);
Opposing the disclosure of personal data about him to third parties;
Access all of its personal data processed as part of the Services provided by the Company (Article 39 of the Computer Law and Freedoms);
Correct, update and delete personal data processed as part of the Services provided by the Company (Article 40 of the Computer Science and Freedoms Act).

10.2.2 How the User exercises his rights

To exercise his rights, it is enough for the User to send a simple letter taking care to justify his identity (mention his names, e-mail address and attach a copy of his ID) – in accordance with paragraphs 1 of Sections 39 and 40 of The Computer, Files and Freedoms Act No. 78-17 amended by Act No. 2004-81 of August 6, 2004 – to the Company , to the coordinates covered by section 1.2 of this Charter.

10.3 SECURITY AND ARCHIVING OF USER-SPECIFIC DATA

The Company collects and processes the User's personal data with the utmost confidentiality, and in accordance with the provisions of Act 78-17 relating to computers, files and freedoms of January 6, 1978 amended by Act No. 2004-81 of August 6, 2004. The Company undertakes to take all reasonable steps necessary to secure and protect the personal data of users of its Website and Services, collected and processed by it. All of the User's personal data is electronically archived by the Company for the duration of the User's registration on the Website and is deleted once the user's registration has been terminated.

10.3.1 CNIL Statements

Newsletter

The Company is likely to send, or have its providers send, to the User, by mail and/or e-mail, business information allowing it to better know the Services edited and operated by the Company.

Unless the User refuses, the Company reserves the right, exploit and disclose personal data about it to third parties, including market research firms or polling institutes, exclusively for study and analysis purposes or third-party companies in the context of joint or non-joint commercial offers by mail and/or e-mail.

Cookies

The Company uses cookies on its website. Cookies are information related to the navigation of the User's computer of the Company's Websites and which can be used to determine the pages he has consulted, their date and time of consultation.
At no time do these cookies allow the Company to personally identify the User.
The shelf life of these cookies on the user's computer does not exceed one (1) month. The User is informed, however, that he has the ability to object to the registration of these cookies, including by setting up his Internet browser to do so.

VARIOUS PROVISIONS

13.1 CORRESPONDENCE – PROOF

Unless there is a specific provision in this Charter, correspondence between the Company and the User is provided exclusively by e-mail. Under Articles 1316 and the following of the Civil Code, the User acknowledges and accepts that the information issued by the Company by e-mail and on its Website is authentic between him and the Company.
Items such as the timing of receipt or issuance, as well as the quality of the data received will be given priority as on the Company's website, or as authenticated by the Company's computerized procedures, except to provide written and contrary proof by the User. The scope of the evidence of the information issued by the Company's website is that granted to an original within the meaning of a handwritten, handwritten document.

13.2 CHARTER

This Charter expresses the full obligations of the Company and the User. The fact that one party does not avail itself of a breach by the other party, of any of the obligations under these, cannot be construed in the future as a waiver of the obligation at issue.

13.3 NOT PARTIAL VALIDITY

In the event that one or more stipulations of these Charters are considered null and void, deemed unwritten or declared as such under a law, regulation or following a decision of a competent court with authority over the matter deemed as a last resort, the other stipulations will retain all their strength and scope and will remain fully applicable, unless the invalid stipulations were substantial and their disappearance called into question the contractual balance.

13.4 TITLES

In the event of difficulties in interpreting one of the titles at the top of the provisions of this Charter and one of the clauses, the titles will be declared non-existent.

APPLICABLE LAW AND DISPUTE RESOLUTION

This Charter is subject to French law. In the event of a dispute over the application, the interpretation, validity and enforcement of this Charter, and in the absence of an amicable agreement between the parties, express jurisdiction is given to the French courts.

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