Terms of Use
Last updated December 22, 2008
BY USING THIS WEB SITE (“SITE”), YOU SIGNIFY YOUR ASSENT TO THE FOLLOWING TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. WE ALSO INCLUDE OUR ONLINE PRIVACY POLICY (“PRIVACY POLICY”) TO INFORM YOU ABOUT HOW WE USE PERSONAL INFORMATION THAT YOU PROVIDE TO US VIA THIS SITE. PLEASE READ THIS TERMS OF USE STATEMENT AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. REED PROPERTY GROUP, INC. (“RPG”) MAY AT ANY TIME REVISE THESE TERMS OF USE AND/OR PRIVACY POLICY BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD, THEREFORE, PERIODICALLY VISIT THE SITE TO REVIEW THE THEN-CURRENT TERMS OF USE AND PRIVACY POLICY TO WHICH YOU ARE BOUND.
LIMITATION OF LIABILITY
While RPG uses reasonable efforts to include accurate and up to date information on this Site, errors or omissions sometimes occur. The material on this Site is provided “AS IS” and “AS AVAILABLE” and RPG makes no warranties or representations as to the accuracy of this Site. The Site may include dated or inaccurate information and may contain technical inaccuracies. RPG makes no commitment to, and specifically disclaims any duty to, update or correct any such information. Under no circumstances shall RPG nor any party involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site, even if a RPG authorized representative has been advised of the possibility of such damages. RPG’s sole liability hereunder shall never exceed $100.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Your use of this Site is at your own risk, and it is your responsibility to take precautions to ensure that the pages and other materials are free from viruses, worms, trojan horses, time bombs or other items of a destructive nature (collectively, “Viruses”). This Site may not be compatible with the web browser or other software you use. RPG also assumes no responsibility, and shall not be liable for, any damages to, or Viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from this Site.
RESTRICTIONS ON USE OF MATERIALS
The material on this Site is protected by U.S. and international copyright laws and treaties. Except as otherwise permitted by RPG, no materials from www.reed-property.com or any other web site owned, operated, licensed or controlled by RPG may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of any material displayed on this Site for non-commercial, personal use only, provided that you (a) do not modify or alter the material in any way or delete or change any copyright or trademark notice, and (b) retain all copyright and other proprietary notices contained on the materials. This is a license grant and does not constitute any transfer of ownership. This license is non-transferable and may be terminated or revoked at any time in RPG’s sole discretion. You may not distribute, modify, transmit, reuse, report or use the content of this Site for public or commercial purposes, including the text, images, audio and video, without RPG’s prior written permission. RPG reserves the right to restrict framing of this Site, and you agree to promptly cease and discontinue any framing of all or any portion of this Site upon your receipt of a written request from RPG.
Names and logos identifying RPG, its subsidiaries and/or affiliates are trademarks of RPG or its affiliates.
FORWARD-LOOKING STATEMENTS
Statements made in this Site may include forward-looking statements relating to RPG’s business and financial outlook, which are based on RPG’s current expectations, estimates, forecasts and projections. These statements are not guarantees of future performance and involve risks, uncertainties, estimates and assumptions that are difficult to predict. Therefore, actual outcomes and results may differ materially from those expressed in these forward-looking statements. Readers, therefore, should not place undue reliance on any such forward-looking statements. Further, any forward-looking statement speaks only as of the date on which such statement is made, and RPG undertakes no obligation to update any such statement to reflect new information, the occurrence of future events or circumstances or otherwise. A number of important factors could cause actual results to differ materially from those indicated by the forward-looking statements. Included among these factors are changes in general economic conditions, including changes in the economic conditions affecting industries in which our principal tenants compete, our ability to timely lease or re-lease space at current or anticipated rents, our ability to achieve economies of scale over time, the demand for tenant services beyond those traditionally provided by landlords, changes in interest rates, changes in operating costs, changes in laws and regulations, environmental contamination events, the occurrence of uninsured or underinsured events, our ability to attract and retain high-quality personnel at a reasonable cost in a competitive labor environment, future demand for our debt and equity securities and offerings, our ability to refinance our debt on reasonable terms at maturity, our ability to complete current and future development projects on time and within budget, market conditions in existence at the time we sell assets, and joint venture and partnership risks.
INVESTMENT RISK
RPG makes no representation, and it should not be assumed, that past investment performance is an indication of future results. Moreover, wherever there is the potential for profit there is also the possibility of loss. Certain of RPG’s strategies involve investments that are illiquid, are subject to a substantial risk of loss and are not suitable for many investors.
LINKS TO THIRD PARTY WEB SITES
RPG does not control and is, therefore, not responsible for the content of any non-RPG web site which you may gain access to through this Site. Links to non-RPG web sites are provided only as a convenience and do not imply that RPG endorses, verifies, monitors, or accepts any responsibility for the content of any such web site.
NOT AN OFFER OF ADVISORY SERVICES OR SECURITIES
This Site is limited to the dissemination of general information about the services provided by RPG. This Site and the information contained herein do not constitute and should not be construed as an offering of advisory services or an offer to sell or solicitation to buy any securities or related financial instruments in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Responses to any inquiry which may involve rendering of personalized investment advice for compensation or effecting or attempting to effect transactions in securities will not be made absent compliance with state broker-dealer, investment advisor, broker-dealer agent or investment advisor representative registration requirements, or applicable exemptions or exclusions from such requirements.
NO TAX, INVESTMENT OR LEGAL ADVICE
All content presented on this Site is solely for informational and promotional purposes. RPG does not intend to offer tax, investment or legal advice of any kind. All users of the Site are expressly advised to consult with their own tax, investment and/or legal professionals prior to making any investment or purchase decision. YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT THAT YOU SHALL NOT RELY ON ANY CONTENT PRESENTED ON THIS SITE TO MAKE ANY INVESTMENT OR PURCHASE DECISION. RPG does not advise on the tax consequences of any investment.
LOGIN I.D. AND PASSWORDS
Access to specific areas of this Site requires the usage of a login identification (“Login I.D.”) and associated password and the content of such areas are subject to confidentiality. By entering those specific areas of the Site you are agreeing to be bound by the confidentiality provisions of the respective documents contained therein. If you have a Login I.D. and password, you are responsible for the activities which occur in connection with their usage and as such should take steps to protect them from misuse. If you become aware of any unauthorized use of, loss or theft of your Login I.D. and password, immediately inform a representative of RPG. Without limiting the generality of any other disclaimers in these terms and conditions, RPG is not responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions regarding maintaining the security and confidentiality of your Login I.D. and password.
NON-PROPRIETARY TREATMENT OF INFORMATION PROVIDED
Any communication you make with RPG via this Site will be treated as non-proprietary. RPG is free to use any idea, concept, or invention created by you and transmitted to RPG via this Site notwithstanding any limiting language you may use when transmitting such information. If you do not want RPG to use your idea unless it pays you a fee, or agrees to other terms, do not transmit it to RPG via this Site.
PRIVACY
RPG takes your privacy seriously. Your use of this Site constitutes the acceptance of RPG’s Privacy Policy, which is incorporated by reference into these Terms of Use. Please read our Privacy Policy, which explains how we handle personal data that you send to this Site, if any. Note that any third party web sites linked to this Site have their own privacy policies, which may or may not differ from our Privacy Policy. You are responsible for reviewing the privacy policies of these web sites to determine if these privacy policies are acceptable to you.
RPG reserves the right to change its Privacy Policy without prior notice. You are responsible for periodically reviewing our Privacy Policy. Your continued use of this Site will be deemed an acceptance of the Privacy Policy then in effect.
WAIVER
If RPG, in its sole discretion, determines that a violation of the Terms of Use has occurred, RPG may pursue any of its legal remedies. However, the failure of RPG to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Additionally, no delay by RPG to enforce any of these Terms of Use or Privacy Policy provisions shall constitute a waiver of any of our rights hereunder. Neither the receipt of any funds by RPG nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use or Privacy Policy. Only a specific, written waiver signed by an authorized representative of RPG shall have any legal effect. Additionally, no waiver by RPG of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term or provision of these Terms of Use at that time or a waiver of any other right, term or provision of these Terms of Use at any other time.
VOID WHERE PROHIBITED BY LAW
This Site may contain advertising not intended for residents of any jurisdiction where such advertising is not permitted by law. Any content of this Site that might constitute a violation of law is void.
GOVERNING LAW AND CONSENT TO JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the state of California applicable to agreements made and to be performed wholly within such state. You agree that any dispute or action at law or inequity arising out of or relating to these Terms of Use or your use of the Site shall be commenced only in the state or federal courts located in Orange County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.
INTEGRATION AND SEVERABILITY
If any provision of these Terms of Use is found to be invalid, unlawful, void or for any reason unenforceable then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use represent and constitute the entire agreement between RPG and you relating the subject matter discussed herein.
STATUTE OF LIMITATIONS
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, these Terms of Use or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
TERMINATION
These Terms of Use are effective until terminated by RPG. However, you may terminate the Terms of Use at any time by destroying all information and materials obtained by you or on your behalf from the Site and all associated documentation, copies, and installations whether made under these Terms of Use or otherwise; provided, however, such termination by you will not be effective until RPG, in its sole discretion, determines that you complied with the terms or conditions stated herein. Upon termination of these Terms of Use you must destroy all information and materials obtained by you or on your behalf from the Site and all associated documentation, copies, and installation whether made under these Terms of Use or otherwise.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless RPG, its subsidiaries, agents, and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your use of the Site in a manner that violates or is alleged to violate these Terms of Use, any applicable law, or any warranty you provide herein, or otherwise arising in any way out of your use of the Site. RPG reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with RPG in asserting any available defenses.
MISCELLANEOUS
These Terms of Use contain the entire agreement between us relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject.
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
RPG is committed to providing the best possible experience for users of our Site. If you observe material or behavior that may violate one of the RPG’s Terms of Use, including without limitation material that you believe may be infringing another's rights, please contact: Web Master, Reed Property Group, Inc., 305 N. Harbor Boulevard, Suite 215, Fullerton, California 92832.
Use of this Site signifies your agreement to these Terms of Use.