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Site Terms and Conditions
LNR Partners, LLC. (“LNR”) and its affiliates (together
with LNR, the “Company”) maintains this Web site on the Internet (“Web site”).
These Site Terms and Conditions (this “Agreement”) sets forth the terms and
conditions of your use of the Web site. BY USING THE WEB SITE YOU ACCEPT THE
TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ACKNOWLEDGE AND AGREE THAT YOUR
USE OF THE WEB SITE IS CONDITIONED ON SUCH ACCEPTANCE INCLUDING, WITHOUT
LIMITATION, WHERE YOU ARE DISSATISFIED WITH ANY PORTION OF THE CONTENT AND/OR
SERVICES AVAILABLE ON THE WEB SITE.
In this Agreement, “you” and “your” refers to you as a user of the Web site and
services, and “Company” refers to LNR and its affiliates. If you have any
questions concerning this Agreement, please contact LNR by e-mail to
webmaster@lnrpartners.com.
Modifications
The Company may amend this Agreement at any time by
posting an amended Agreement on the Web site. You should visit this page
periodically to review this Agreement, because it is binding on you.
Notwithstanding the foregoing, the Company may also add, delete or modify some
or all of the services offered on the Web site at any time in its sole
discretion.
Scope
Certain areas of this Web site may be subject to
additional terms of use including, without limitation, completion of
appropriate registration process and acceptance of registration agreement, if
any. This Agreement is incorporated by reference into any such registration
agreement.
Transactions Between You and Third
Parties; Links to Other Web sites
This Agreement governs your use of the Web site. Other
than as the provider of the Web site, the Company is not involved in the
consummation of transactions between you and a third party whose services or
products may, from time to time, be available on or through the Web site. In
the event of any dispute between you and any third party, you hereby release
the Company, its partners, licensors, content providers, service providers and
contractors and officers, equity holders, directors, employees and agents of
the Company from any claims and damages of any nature (including, without
limitation, actual, special, incidental and consequential damages), whether
known or unknown, disclosed or undisclosed, arising out of or in any way
connected with such dispute. Links to other web sites are provided on the Web
site by the Company solely for your convenience. You acknowledge and agree that
(a) the Company cannot, will not, and does not, assume any responsibility for
the content and services provided by third parties via other Web sites, and (b)
your use of such Web sites may be subject to the terms of use and/or policies
different from the terms and conditions of this Agreement.
Access to the Web site
(a) Physical Connection To Web site. You are
responsible for providing all equipment necessary to access the Internet and
the Web site.
(b) Web site Availability. While the Company’s objective is to make the Web
site accessible 24 hours per day, seven days per week, the Company may make the
Web site unavailable from time to time for any reason including, without
limitation, routine maintenance. You understand and acknowledge that due to
circumstances both within and outside of the control of the Company, access to
the Web site may be interrupted, suspended or terminated from time to time. You
agree that: (i) the Company will not be liable for any damages arising from any
such interruption, suspension or termination of the Web site and (ii) you
assume the risk of such interruption, suspension or termination of the Web
site.
(c) Applicable Laws. You agree to comply with all applicable local, state,
federal, and international laws, statutes, rules and regulations relating to
your use of the Web site. Without limiting the foregoing, you are responsible
for observing all applicable laws.
(d) Malicious Intent. You agree not to tamper with the software or
functionality of the Web site. Without limiting the foregoing, you agree not to
put any material via the Web site which contains any viruses, time bombs,
trojan horses, worms, cancelbots or other computer programming routines that
may damage, interfere with, intercept or expropriate any system, data or
information.
Use of the Web site
You have a non-exclusive, non-transferable, limited,
revocable license to use the Web site solely for your internal business use.
User will not use the Web site for any other purpose whatsoever. Without
limiting the previous sentence, you may not reproduce, modify, distribute,
transmit, display, perform, reproduce, transfer, sell, publish any of the
contents of the Web site without the prior written consent of LNR, which may be
withheld, conditioned or delayed in its sole discretion, except that you may
print out a copy of the content solely for your internal business use. In doing
so, you will not remove or alter, or cause to be removed or altered, any
copyright, trademark, trade name, service mark, or any other proprietary notice
or legend appearing on any of the content. You are prohibited from including
links from other Web sites to the Web site without the prior written consent of
LNR which may be withheld, conditioned or delayed in its sole discretion.
Intellectual Property<
All content published on the Web site by the Company,
including, without limitation, any and all proprietary rights thereto, is owned
by the Company or the Company’s third-party licensor, and the Company or the
Company’s third-party licensor retain all right, title and interest in the
content.
Disclaimer of Warranty
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY
PROVIDES THE WEB SITE, CONTENT AVAILABLE ON THE WEB SITE AND SERVICES AVAILABLE
ON THE WEB SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY
REPRESENTATION, ENDORSEMENT, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
TITLE, ACCURACY OR AVAILABILITY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION
OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY CANNOT AND DOES NOT GUARANTEE OR
WARRANT THE FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEB SITE
WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT
MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR
IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR
REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS
EXTERNAL TO THE WEB SITE FOR THE RECONSTRUCTION OF LOST DATA. YOU ACKNOWLEDGE
AND AGREE THAT YOUR USE OF THE WEB SITE, CONTENT AVAILABLE ON THE WEB SITE AND
SERVICES AVAILABLE ON THE WEB SITE IS AT YOUR SOLE RISK.
THE CONTENT AVAILABLE ON THE WEB SITE IS NOT NECESSARILY COMPLETE AND YOU
(WHETHER YOU ARE AN INVESTOR, BORROWER AND OTHER USER) SHOULD USE THE CONTENT
IN THE SAME MANNER AS ANY OTHER EDUCATIONAL MEDIUM AND SHOULD NOT RELY ON THE
CONTENT AVAILABLE ON THE WEB SITE TO THE EXCLUSION OF YOUR PROFESSIONAL
JUDGMENT. INFORMATION OBTAINED BY USING THE WEB SITE IS NOT EXHAUSTIVE AND DOES
NOT COVER ALL ISSUES, TOPICS, OR FACTS THAT MAY BE RELEVANT TO THE PARTICIPANTS
IN ANY PARTICULAR TRANSACTION.
FURTHER, THE COMPANY HAS NO OBLIGATION TO MONITOR THE CONTENT AVAILABLE ON THE
WEB SITE OR THE LINKS TO OTHER WEB SITES AND EXPRESSLY DISCLAIMS ANY
RESPONSIBILITY OF THE COMPANY TO FILTER ANY SUCH CONTENT AND LINKS TO OTHER WEB
SITES. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY CONTENT, SERVICES,
PRODUCTS OR ACTIONS TAKEN BY THIRD PARTIES LINKED FROM THE WEB SITE. WITHOUT
LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, THE QUALITY, IDENTITY OR RELIABILITY OF
ANY THIRD PARTY WITH WHOM YOU MAY ELECT TO CONDUCT BUSINESS AFTER AN
INTRODUCTION TO SUCH THIRD PARTY BY THE COMPANY ON THE WEB SITE, AND WHETHER
YOU SHOULD CONDUCT BUSINESS WITH SUCH THIRD PARTY.
Limitation of Liability
YOU AGREE THAT NEITHER THE COMPANY, ITS PARTNERS,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, CONTRACTORS NOR ANY OFFICER,
DIRECTOR, EQUITY HOLDER, AGENT OR EMPLOYEE OF THE COMPANY WILL BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST
PROFITS, PAIN OR SUFFERING, EMOTIONAL DISTRESS OR ANY OTHER SIMILAR DAMAGES,
WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN
CONNECTION WITH ANYONE’S USE OF THE WEB SITE OR IN CONNECTION WITH ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE
RELATED TO THE WEB SITE OR ANY OTHER WEB SITE OPERATED BY ANY THIRD PARTY OR
ANY CONTENTS AVAILABLE ON THE WEB SITE OR ANY OTHER WEB SITE OPERATED BY ANY
THIRD PARTY, EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless the
Company, its partners, licensors, service providers, content providers and
contractors and officers, directors, equity holders, agents and employees of
the Company from any claim, demand or cause of action and the resulting loss,
liability, damages, judgments, debt, awards, costs, expenses and attorney’s
fees in connection therewith, to the extent that such claim, demand or cause of
action is based upon a claim that: (a) arises out of or in relation to your use
of the Web site and is not caused by the gross negligence or conduct of the
Company; (b) if true, would constitute a breach of any of your representations,
warranties, obligations or other agreements hereunder; or (c) arises out of
your negligence, willful misconduct, or abandonment. The Company may, at its
discretion and at its own expense, assist in the defense of any indemnified
claim through counsel selected by the Company. In no event will you have
authority to bind the Company to any settlement of any claim or with respect to
any other matter.
Termination
The Company may terminate your access to the Web site
at any time, for any reason or no reason, and you will have no recourse, and
the Company will have no liability, with respect to any such termination. This
Agreement will automatically terminate upon your breach of any of the terms of
this Agreement, or upon the termination by the Company of your access to the
Web site. All provisions of this Agreement relating to warranties,
confidentiality obligations of you, proprietary rights, limitation of
liability, indemnification obligations and payment obligations will survive the
termination of this Agreement.
Relationship of the Parties
You and the Company are independent contractors, and no
agency, partnership, joint venture, employer-employee or other similar
relationship is intended or created by your use of the Web site.
Availability of Web site and Services
The content and services offered by the Company on the
Web site are only available in the United States and other countries where
permitted by law.
Governing Law; Submission to Jurisdiction
This Agreement will be governed by and construed in
accordance with the laws of the State of Florida without regard to its
conflicts of laws provisions and the laws of the United States. You
specifically consent to personal jurisdiction in the State of Florida in
connection with any dispute arising out of this Agreement or pertaining to the
subject matter hereof.
Other General Provisions
This Agreement constitutes the entire agreement and
understanding between the parties with respect to the subject matter of this
Agreement and supersedes and replaces any and all prior written or verbal
agreements. Headings are for reference only. A party’s failure to insist upon
or enforce strict performance of any provision of this Agreement will not be
construed as a waiver of any provision or right. Neither the course of conduct
between you and the Company nor trade practice will act to modify any provision
of this Agreement. If any provision of this Agreement is held to be invalid or
unenforceable, such determination will not affect such provision in any other
respect or any other provision of this Agreement, which will remain in full
force and effect. To the extent that the Company’s approval, consent or waiver
is required under any provision of this Agreement, such approval, consent or
waiver may be withheld, conditioned or delayed in the Company’s sole and
absolute discretion. You may not assign or transfer to third parties any of
your rights or obligations under this Agreement without prior written
permission from LNR.
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