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Terms Of Use:
Use and Acceptance
This web site (the "Site"), and any tools and/or services offered
and/or provided by (Macklowe Properties) and/or its subsidiaries,
affiliates and/or partners (collectively, "Macklowe Properties")
through or as a result of your use of this Site (collectively, the
"Services"), are offered to you conditioned upon your acceptance
without modification of the terms, conditions and notices contained
herein and in our
Privacy Policy, which is incorporated herein by
reference (collectively, the "Terms of Use").
Macklowe Properties may also require
that you agree to other specific terms and conditions at the time
you use or sign up for certain Services. Those other terms and
conditions are incorporated herein by reference. Your use of this
Site or of any Services constitutes your agreement to all such
terms, conditions and notices. Please read these Terms of Use
carefully. If you do not agree to these Terms of Use, you may not
use this Site or any Services offered or provided through this Site.
Modification
Macklowe Properties may update and change these Terms of Use from
time to time without notice to you. You must review these Terms of
Use each time you use this Site or a Service to make sure you are
still in agreement to abide by them. You agree that by using this
Site or Services or engaging in any of the activities described in
these Terms of Use after changes have been made to these Terms of
Use, you are agreeing to accept and comply with those changes.
Authority
You agree that you have the legal right and ability to agree to
these Terms of Use and that you will use this Site, the Services,
and any products or services received as a result of your use of the
Services in a manner consistent with these Terms of Use.
Authorized Use, Copyrights and Trademarks
This Site and the Services may contain copyrighted works and
trademarks and other proprietary material owned by Macklowe
Properties or its content providers. If no restrictions are
displayed, you may download, view and copy the information available
from this Site for non-commercial personal or educational purposes
only, provided that each copy includes any copyright, trademark or
service mark notice or attribution as they appear, on the pages
copied. However, except as stated above, you may not copy,
reproduce, publish, post, transmit, display, store, sublicense,
transfer or distribute material or images from this Site without the
express written permission of Macklowe Properties and/or its content
providers. You may not modify, alter, revise, paraphrase, omit, or
change any material or images on or from this Site without the
express written permission of Macklowe Properties and/or its content
providers. You may not create derivative works, whether based in
whole or in part upon the information on this Site or any portion
thereof, except as expressly authorized. You may not modify, amend,
reduce the size of or in any way obliterate any warning, notice,
liability limitation, or other license provision in material or
images on or from this and provided by Macklowe Properties for
itself or other content providers. You may not assign, sublicense,
transfer, pledge, lease, rent or share your rights under these Terms
of Use, unless otherwise agreed to in writing by Macklowe
Properties. Nothing contained on this Site and/or the Services should
be construed as granting, by implication, estoppels or otherwise,
any license or right in and to Macklowe Properties trademarks or
copyrighted material of Macklowe Properties or any third party
without the express written permission of the applicable party. You
also agree not to use the Site and/or Services for any unlawful
purpose. You agree to comply with reasonable written requests by
Macklowe Properties to protect the information providers' and
Macklowe Properties respective rights in the information contained
in this Site and/or as a part of the Services.
You may not engage in any conduct which violates these Terms of Use
or restricts or inhibits any other user from using or enjoying the
Site, and/or any conduct that may constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law, and Macklowe
Properties reserves the right to prohibit access to and/or take
legal action with respect to any individual or entity engaging in
such conduct. Please note that unauthorized entry (commonly referred
to as hacking) into any portion of the Site may constitute a crime
under state and/or federal law. Macklowe Properties will prosecute
these violations to the fullest extent permitted by law.
Limitation of Liability
By accessing this site
and/or using or receiving any services, you agree to hold harmless
and waive all claims against Macklowe Properties and all third party
content providers regarding the information provided on this site
and any information received by you as a result of using the
services, and any use by you of such information. You agree that
under no circumstances shall Macklowe Properties or any other party
involved in creating, producing, or delivering this site or its
contents or services be liable to you for any direct, indirect,
incidental, special, or consequential damages or for loss of
profits, good will, business interruption, use, data, equipment or
other intangible losses (even if we have been advised of the
possibility of such damages) that result from (1) the use of or
inability to use this site or any services (2) the consequences of
any decision made or action or non-action taken by you or by anyone
to whom you communicate such information, or for any errors by you
in communicating such information; (3) the cost of substitute goods
or services; or (4) any other matter relating to the content,
services, or distribution of services through this site. Macklowe
Properties shall not be liable for damage or injury to persons or
property arising from any use of any product, information,
procedure, or service obtained through this site.
Macklowe Properties entire liability and your exclusive remedy with
respect to any dispute or claim related to these terms of use, any
services, or the
Privacy Policy is your cessation of the use of this
site and/or any and all services. Because some states do not allow
the exclusion or limitation of liability for consequential or
incidental damages, in such states liability is limited to the
fullest extent permitted by law.
Macklowe Properties cannot and will not assume any liability for
unauthorized or fraudulent use of this site and any services.
Indemnification
You agree to indemnify and hold Macklowe Properties and all third
party content providers which provide content for this site and/or
the services (either through links or otherwise), harmless from any
claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of content you submit, post to or
transmit through this site your use of the site or the services,
your connection to the site, your violation of the terms of use, or
your violation of any rights of another user.
Disclaimers
Some of the content on this site and/or the services may be provided
by third party content providers and users. Macklowe Properties is a
distributor and not a publisher of such content and has no editorial
control over it. Any opinions, advice, statements, services, offers
or other information given or provided by third parties (including
merchants and licensors) are those of the respective authors or
distributors of such content and not of Macklowe Properties.
Although Macklowe Properties uses reasonable efforts to provide
accurate and up-to-date information through this site, Macklowe
Properties and such content providers make no warranties or
representations as to the accuracy, reliability, or
comprehensiveness of content on this site and any service. The
information contained on this site and any service is provided on an
"as is" "as available" basis. To the fullest extent permitted by
law, Macklowe Properties disclaims all warranties of any kind,
whether express or implied, with regard to information contained on
this site and any service, including all implied warranties of
merchantability, fitness for a particular purpose and
non-infringement. Macklowe Properties does not guarantee
uninterrupted or secure access to this site and/or the services.
Macklowe Properties and its content providers cannot and do not
guarantee or warrant that the files available for downloading from
this site and any service will be free from infections or viruses,
worms, Trojan horses, or other code that manifests contaminating or
destructive properties. You hereby agree to release and hold
harmless Macklowe Properties from any and all claims, losses,
expenses or damages relating to any disclaimed warranty described in
this paragraph.
Some jurisdictions do not allow limitations on how long implied
warranties last or the exclusion of certain implied warranties, so
that these disclaimers and limitations may not apply to you. In such
event, such disclaimers shall apply to the fullest extent permitted
by law.
Securities information
The information provided in any service or in this site does not
constitute investment, tax, financial, legal, or other advice.
Macklowe Properties makes no representation regarding the accuracy
or importance of any services. Information received via this site or
the services should not be relied upon for personal, investment,
tax, legal or financial decisions, and prior to the execution of any
transaction by you related to any information you obtained from this
site or the services, you should consult with your financial tax and
investment advisors and an attorney, or otherwise seek appropriate
professional advice tailored to your situation. This site and the
services are published solely for informational purposes and are not
a solicitation, recommendation, endorsement or offer by Macklowe
Properties or a third party to buy or sell any stock, mutual fund,
security, or other financial instrument. The investment information
provided on the site do not attempt or claim to be a complete
description of the securities, markets, or developments referred to
in the materials. All expressions of opinion are subject to change
without notice. Macklowe Properties does not undertake to advise
anyone via this site. Macklowe Properties, its affiliates, and their
respective directors, employees or agents may have clients with
positions in securities or companies mentioned on this site, and
Macklowe Properties may have business relationships with such
companies.
Severability
If a court determines that any portion of these terms of use is
illegal or unenforceable, then such portion will be eliminated and
the remaining terms of use will remain in force and effect.
Entire agreement; jurisdiction and choice of law and forum;
arbitration
These terms of use and the
Privacy Policy constitute your entire
agreement with Macklowe Properties regarding this site and any
services, and supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written between the user
and Macklowe Properties with respect to the site or the services.
These terms of use, the site, the services, and any and all claims
relating thereto are governed by and construed in accordance with
the laws of the state of New York, without giving effect to any
principles of conflicts of law. You expressly and irrevocably agree
that exclusive jurisdiction and venue for any claim or dispute with
Macklowe Properties, its employees, contractors, officers,
directors, and content providers or relating in any way to your use
of this site and/or the services resides in an appropriate federal
or state court located in the county of New York, state of New York,
and you further irrevocably agree and expressly and irrevocably
consent to the exercise of personal jurisdiction in those courts
over any action brought relating to these terms of use, the site, or
the services.
You agree that Macklowe Properties, at its sole discretion, may
require you to submit any disputes arising from the use of this
site, the services, and/or these terms of use concerning or
including any disputes arising from or concerning their
interpretation, violation, nullity, invalidity, non-performance or
termination, as well as disputes about filling gaps in this contract
or its adaptability to newly arisen circumstances to final and
binding arbitration under the international rules of arbitration of
the American arbitration association, by one or more arbitrators
appointed in accordance with the said rules. Notwithstanding these
rules, however, such proceeding shall be governed by the laws of the
state as set forth herein. Any award in an arbitration initiated
under this clause shall be limited to monetary damages and shall
include no injunction or direction to any party other than the
direction to pay a monetary amount. Further, the arbitrator shall
have no authority to award punitive, consequential or other damages
not measured by the prevailing party's actual damages in any
arbitration initiated under this section, except as may be required
by statute.
E-mail communications.
Macklowe Properties may contact you by email to:
-
respond to any
questions or submissions you may send us,
-
send you e-mail
communications about information we think you will find useful –
including announcements about new products and services, or
-
communicate other
information as necessary to administer the site and its
services.
Submissions
You agree to provide true, accurate, current and complete
information about yourself if and when you elect to provide personal
information to us. You also agree to maintain and promptly update
any such information to keep it accurate. Other than personally
identifiable information, which is addressed under our
Privacy Policy, any and all comments, suggestions, ideas, graphics, or other
information that you transmit or post to the site becomes and will
remain the property of Macklowe Properties and may be used by
Macklowe Properties anywhere, anytime and for any reason whatsoever.
Except as may be provided in the
Privacy Policy, any information or
materials submitted to Macklowe Properties will be treated as
non-confidential and non-proprietary, and Macklowe Properties will
not have any obligation to use or evaluate any information we
receive from you. Macklowe Properties will not have to pay you or
anyone else for using any ideas or other materials that you may
transmit to or post on the site.
Links to other web sites
This site provides links to other web sites that we think might be
of interest to our users ("linked sites"). Please note that when you
click on one of these links and go to a linked site, you may be
moving to another provider's web site. Such linked sites are not
under the control of Macklowe Properties, and Macklowe Properties is
not responsible for the contents or the proper operation of any
linked site, including without limitation any link contained in a
linked site, or any changes or updates to a linked site. The
inclusion of any link does not imply endorsement by Macklowe
Properties or any association with its operators. Macklowe
Properties cannot control the activities of any such provider once a
user leaves this site. We encourage you to read the terms of use and
privacy statements of these linked sites as their policies may
differ from ours.
Security
Macklowe Properties is not responsible for the security of your
internet access services provider; you should review the security
and privacy policies of your internet services provider carefully.
Moreover, information that you retrieve via this site may be cached
or stored during your session for your convenience, therefore if
others have access to your computer or your user id and password,
they may be able to access this information. In any area of the site
requiring a password, you should log off when you are done viewing
information or anytime you leave your computer. Macklowe Properties
is not responsible for the security or privacy of information
communicated to or from such a computer. Finally, you should keep
any correspondence you receive relating to this site or the services
(including, but not limited to, your user id, passwords, other
registration information, emails, order information, or any other
information) confidential and in a safe place.
Use outside of the united states; limited availability
This site was created in the united states and complies with local
united states laws. This site and/or the services may not comply
with legal requirements of foreign countries. This site, the
services, and any and all information obtained there from are not
provided to and may not be used by any person or entity in any
jurisdiction in violation of applicable laws, rules or regulations.
Therefore, not all products or services described on this site may
be available to all persons or entities or in all jurisdictions. |
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