CCIM Connect and DealShare Rules
The CCIM Institute CCIM Connect and DealShare Network is a service available only to CCIM Designees and Candidates. All transmissions must originate from a CCIM Designee or Candidate. Colleagues and/or assistants may not use the Network.
All transmissions must include the complete name, business mailing address, business phone and e-mail address of the sender.
The primary purpose of the Network:
- Promote commercial properties for sale, lease or exchange.
- Request commercial property-related advice, insight or referrals.
- Post relevant real estate and business-related questions or responses.
Subscribers may not use the Network:
- To transmit communications pertaining to products for sale or residential properties;
- To make third-party referrals;
- To promulgate political, religious or other non-commercial real estate related issues or topics;
- To transmit defamatory, obscene, insulting, or other offensive communications;
- To post any information or other material protected by copyright without the permission of the copyright owner;
- To communicate with competitors about prices, terms of service, or otherwise communicate in a way that may violate the anti-trust, restraint-of-trade, or conflict-of-interest laws; or
- For other improper purposes, as determined by CCIM.
Penalties for Misuse
Subscribers who violate the prohibited uses listed above, as determined in the sole discretion of CCIM, are subject to removal from the Network for up to one year from the date of the violation.
The CCIM Connect and DealShare Network of the CCIM Institute is provided as a service of the CCIM Institute. In no case shall CCIM Institute be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, arising out of or in connection with the use of any information broadcast on the Network or the condition or performance of properties information about which is communicated via the Network. CCIM Institute neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made in this service by anyone other than authorized CCIM Institute employee spokespersons acting in their official capacities. Seek the advice of appropriate professionals regarding the evaluation of any information, opinion, advice, or other content.
Please exercise courtesy and common sense when using this service.
You agree that CCIM Institute will not be responsible to you for any indirect, consequential, special, or punitive damages or losses you may incur in connection with our services or any of the data or other materials transmitted through our broadcast lists, even if we have been advised of the possibility of such damage or loss. In addition, you agree to waive all claims against CCIM, and to defend and indemnify CCIM and hold it harmless from and against any and all claims, proceedings damages, injuries, liabilities losses, costs, and expenses (including reasonable attorneys fees) relating to any acts or omissions by you or materials or information transmitted by you in connection with our CCIM Connect and DealShare services leading wholly or partially to claims against CCIM or these e-mail services by other participants or third parties.
You further acknowledge that CCIM Institute is a distributor (and not a publisher) of content, and that CCIM Institute has the right, but not the obligation, to monitor the content of the broadcast messages to determine compliance with these usage rules and to satisfy any law, regulation, or authorized government request. CCIM Institute shall have the right at its sole discretion to edit, refuse to post, or remove any material submitted to or posted on any section of the CCIM Connect and DealShare Network. CCIM Institute also retains the right to deny members access to any portion of the CCIM Connect and DealShare Network for violation of the rules set forth herein.
Federal and state antitrust laws prohibit combinations or conspiracies in restraint of trade. These include, most notably, agreements among competitors about fees, prices, or commissions. In many cases, however, those agreements are not explicitly stated but informal “understandings” or common shared practices formed in the course of discussions among competitors. Such unlawful agreements may also be created, or appear to be created, when one competitor promotes or informs other competitors of his pricing, especially when done in a context which may appear to encourage other competitors to adopt similar pricing practices. In one case a court held that an “announcement” of pricing strategy by a competitor to others was an invitation to the others to adopt and agree on similar pricing, which they accepted – forming an unlawful agreement – by implementing the same pricing structure.
For that reason, public statements by competitors directed at others is quite risky, since it may be, or may be construed to be, an implicit request or encouragement for others to price their services in the same way. Even absent an express agreement, antitrust law enforcement or a private plaintiff might allege that such public statements about pricing had the purpose and effect of on agreement prices where it could be shown that competitors with access to that information employed similar pricing. And where a forum or opportunity to publish prices in that way is provided by a trade association, it might be plausibly alleged that the association is also liable for facilitating the unlawful agreement.