A RETAIL SPACE
LISTING POLICIES AND GUIDELINES

Last Modified on October 3, 2017

Prior to entering a property listing on the A Retail Space website located at www.aretailspace.com (the “Site”), you (“Customer,” “you,” or “your”) are required to familiarize yourself with these Listing Policies and Guidelines (the “Listing Policies”) of A Retail Space, Inc. (“A Retail Space”). All listings are subject to these Listing Policies.

Listing Review

All listings entered on the Site may be subject to review by A Retail Space company personnel (the “Listing Review”) prior to becoming available for full viewing online. A Retail Space reserves the right, but not the obligation, to review any listing entered by Customer on the Site. Although Customer’s listings may be subject to Listing Review, Customer remains solely responsible for abiding by the Listing Policies and the Site’s Terms of Use (“ToU”). The Listing Policies prohibit Customer from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates the Site’s ToU. By entering listings on the Site, Customer represents and warrants that Customer owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit such content. Customer acknowledges that A Retail Space cannot police or control all of the content provided by Customer(s) that is made available on the Site.

Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on the Site until the issue in question has been addressed. When conducting Listing Review, new listings added to the Site are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines that a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information), Listing Review will send an email message to the Customer about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and may, but is not required to, offer solutions on how to rectify the deficiency. After the Customer receives notice from Listing Review, the Customer will be given a reasonable amount of time to respond. It is then the sole responsibility of the Customer to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with the Listing Policies, the listing will be made available for full viewing on the site. However, if the Customer fails to respond to the communication from Listing Review, A Retail Space in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service.

Required Fields

All fields noted by an asterisk (*) on the add property page are required fields and must be completed with valid data pertaining to the property being listed (“Required Fields”). Property listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields.

Address Fields

All Address fields on the Site including Address, City, State and Zip Code are Required Fields. These fields are intended for listing the physical address in the United States of the property being listed. In lieu of the address, an intersection or APN is acceptable when the property type is Land / Agriculture, or the construction status of the property is Under Construction / Proposed. These fields are not for the listing of additional information about the property (see Property Description). Entering “Confidential”, “Call Broker”, “Withheld”, or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address or City fields is strictly prohibited. A Retail Space reserves the right to remove any and all property listings with non-address related or invalid information in any address specific field with or without contacting the listing broker, provided, however, that A Retail Space may in its sole discretion conceal the address from the listing which is made viewable to the public.

Property Description

Property descriptions are for the description of the property that is for sale or for lease only. The posting of contact name, phone number, fax number, company information or URL links for any contacts including those who are not A Retail Space account holders is strictly prohibited in this section. This type of information in the Property Description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in A Retail Space’s removal of all of such Customer’s active listings on the Service until all such content has been appropriately rectified.

Property Type

Properties must be identified with the appropriate property type. Adding the same listings under multiple property types is prohibited (see Duplicates). A Retail Space reserves the right to change or remove property types deemed to be misleading.

Pricing

A valid Sales Price in the Asking Price field for the listed property is required for all A Retail Space Sale Listings and a valid rental rate for each space is required for all A Retail Space Lease Listings. A Retail Space reserves the right to remove all listings that are deemed to have invalid prices or rental rates including any listing with $0 listed in Lease Rate or Sales Price.

Listing Parameters

In order to maximize the features of the Site and its related service, Customers should note certain parameters in the listing process.

Commercial Property in Certain Locations

The Site is currently a web site for commercial real estate in New York City, New York. Listing of single-family residences is prohibited on the Site. Any listing deemed to be a non-income generating, single-family residence will be removed from the system during the listing approval process and an email will be sent to the Customer stating that the property has been identified as a single-family residential property.  All listings submitted must be located within New York City until such time as this section of the Listing Policies is updated to include other cities to which we have expanded.

Duplicates

Property Listings:  A Retail Space prohibits the listing of a single property more than once on the web site at the same time. A duplicate is defined as the same physical property listed under more than one property ID. A Retail Space reserves the right to remove any and all properties that are determined to be duplicates with or without contacting the listing broker. Customers may, however, list a property for sale and for lease at the same time.

Business For Sale Listings:  A Retail Space prohibits Business For Sale listings if there is no commercial real estate for sale. Business For Sale listings with commercial real estate for sale are permitted and must adhere to the Listing Policy.

Space Listings:  A Retail Space prohibits the listing of the same space more than once on the web site at the same time. A space listing is defined as a single suite or unit of space listed for lease.. Total space available in a building cannot exceed the total square footage of the building. A Retail Space reserves the right to combine duplicate space listings into a single listing or to remove the listing from the system with or without contacting the listing broker.

Listing Quantity

Account holders may list an unlimited number of listings on aretailspace.com.

Use of Photographs

Building photographs posted, attached, or affixed to listings must be actual photographs of the building being listed. All such photographs must be either (a) the property of the listing broker or (b) the listing broker must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the Customer’s website or on the Site for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the building or property being listed, including brokerage company logos, may be removed at the discretion of A Retail Space.  You hereby grant A Retail Space a  limited, non-exclusive, non-sublicensable, non-assignable license to use any submitted photographs for the purposes of advertising the subject property and to use in connection with the marketing and advertising of the services provided by A Retail Space, including without limitation, on marketing and promotional materials.

Prohibited Conduct

Customers are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the Site.

“Billboard” Listings

Listings on the Site are for properties that are currently offered for Sale or Lease. It is not permitted to post listings on the Service that have already been sold or are no longer on the market, i.e. posting listings on the Service for marketing or advertising purposes (“Billboard Listings”). All listings for properties already sold or off-market will be removed.

Keyword Manipulation

A Retail Space offers the ability to search for properties on key words. This is designed to enable searchers to narrow their criteria based on specific requirements. Keyword manipulation is unfair to searchers by returning listings that clearly do not meet their criteria. Keywords identified in the property name, property description, location description or property highlights field that are clearly not relevant to the property being marketed will be removed by Listing Review. Continued abuse of this policy by a Customer may, at the sole discretion of A Retail Space, lead to the removal of all of that Customer’s active listings from the web site and suspension of that Customer’s ability to list properties on the Service.

Offensive Language

Use of profanity or vulgar language in any section of the Site is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Service immediately. Customers posting such language to the Site may be subject to disciplinary action, including indefinite suspension of a Customer’s account, temporary suspension or a formal warning.

Premium Exposure Listings

A Retail Space may offer a paid subscription membership (“Premium Subscription”) product for those Customers who primarily utilize the Service to actively list and market commercial properties available for sale and/or for lease (a “Premium Customer”). Premium Subscription privileges are granted by A Retail Space to individuals exclusively and extend solely to the subscribing Premium Customer. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium Customer. Moreover, a Premium Customer may not use a Premium Subscription for the benefit of any other broker, appraiser, researcher, analyst, sales person or similar commercial real estate professional, including without limitation those working for the same company or at the same place of business. For example, a Premium Customer is prohibited from using the Premium Subscription to list properties on behalf of, or for the benefit of, other brokers or commercial real estate professionals working for the same company or at the same office. Such Premium Customer is permitted to list solely those listings for which he or she is the listing broker. Premium Subscription privileges are subject to change from time to time and may be subject to property listing, property searching, and member directory searching limitations. Any listing on which the primary contact is a Premium Customer and is within the Premium Subscription will receive premium exposure; listings not within the Premium Subscription will receive exposure as standard listings. Customer acknowledges that A Retail Space (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. A Retail Space also has the right to refuse service to any Customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer's listing or searching activity on the Site. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the Site prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.

After adding a listing at the standard exposure level, there will be an option to change current membership level to a Premium Subscription which will provide premium exposure for the listing. For all subscription changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer's subscription rate will be adjusted commencing with the next bill date.

In the event that there is demonstrated continued traffic and/or click-throughs to a particular listing which does not fall under a Premium Subscription, A Retail Space reserves the right to upgrade such listing to provide premium exposure without any further payment by the Customer who provided such listing and such listing may be listed in a section designated as “Trending” or any other designation that A Retail Space determines is appropriate.