This Site is provided free of charge, “as is” without express or implied warranties of any kind, and subject to all applicable laws and regulations and the following terms of use.
This Agreement was last revised on May 2, 2007
1. Terms of Use Agreement
Welcome to the Fremont Realty Capital website (the “Site”). This Site is owned and operated by Fremont Realty Capital, L.P. (“Fremont Realty Capital”, “we” or “us”). By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. The term “you” refers to the user or viewer of our Site.
2. Acceptance
of Agreement
You agree to the terms and conditions set forth in this Terms of Use Agreement
(“Agreement”) with respect to our Site. By your use of the
Site, you affirm that you are either at least 18 years of age or possess legal
parental or guardian consent, and are fully able and competent to enter into
the terms, conditions, and obligations set forth in this Agreement. This
Agreement constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site and the subject matter of this
Agreement. This Agreement may be amended at any time by us from time
to time without specific notice to you. The latest version of the Agreement
will be posted on the Site, and you should review this Agreement prior to
using the Site. By using this Site after we post a revised Agreement,
you agree to the terms of the revised Agreement.
3. Copyright
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights, to which we or our licensors retain
all right, title and interest. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
specifically allowed by Section 4 below, is strictly prohibited. Use
of any trademark, or service mark displayed without the express written
consent of Fremont Realty Capital is strictly prohibited. You do not acquire
ownership rights to any article, document or other materials viewed through
the Site. The posting of information or materials on the Site does
not constitute a waiver or any right in such information and materials. Some
of the content on the Site may be the copyrighted work of third parties. Fremont
Realty Capital reserves all rights with respect to the ownership of all
articles, documents or other materials provided on this Site.
4. Limited
License; Permitted Uses
Subject to the terms and conditions of this Agreement, you are granted
a non-exclusive, non-transferable, revocable limited license (a) to access
and use the Site solely in accordance with this Agreement; (b) to use the
Site solely for internal, personal, non-commercial purposes; and (c) to print
out discrete information from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain and observe all copyright and other
rights contained therein. No print out or electronic version of any
part of the Site or its contents may be used by you in any way other than
for your personal, non-commercial use; provided, however, that if you are
required by a court of law or other judicial process to disclose any Contents
and Materials (as defined below), you agree to notify us of the disclosure
request as soon as possible with respect to the disclosure required.
5. Restrictions
and Prohibitions on Use
Your limited license for access and use of the Site and any information,
materials or documents therein (collectively defined as “Content and
Materials”) is subject to the following restrictions and prohibitions
on use: you may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), publish or republish, display, post, download,
upload, distribute, transmit, sell, rent, lease, loan or otherwise make available
in any form or by any means all or any portion of the Site or any Content
and Materials retrieved therefrom; (b) use the Site or any materials obtained
from the Site to develop, of as a component of, any information, storage and
retrieval system, database, information base, or similar resources (in any
media now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism; (c) create compilations
or derivative works of any Content and Materials from the Site; (d) use any
Content and Materials from the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property right of us or
any third parties; (e) remove, change or obscure any copyright notice or other
proprietary notice or terms of use contained in the Site; (f) make any portion
of the Site available through any timesharing system, service bureau, the
internet or any other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any Site software or
use any network monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from the Site;
(i) use the Site for the purpose of gathering information from the Site for
or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use
of headers, invalid or nonexistent domain names, or other means of deceptive
addressing; and (3 ) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal law, including
without limitation laws regulating e-mail, facsimile transmission or telephone
solicitations; and (k) export or re-export the Site or any portion thereof,
or any software available on or through the Site, in violation of the export
control laws or regulations of the United States. We reserve the right
to terminate this Agreement with or without notice for any or no reason, or
for your violation of any provision of the Agreement, and to modify or discontinue,
temporarily or permanently, all or any portion of the Site or services at
any time without liability to us.
6. No Links
You may not provide links or link to the Site under any circumstances without
our prior written permission.
7. No Offers
Under no circumstances should any Content and Materials be used or considered
as an offer or a solicitation of an offer to buy, sell, or issue any interest,
securities or instruments of Fremont Realty Capital or its funds or any
other issuer. Offers can be made only where lawful under applicable
law and in compliance with all securities and other laws.
8. Errors, Corrections
and Changes
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected. We
do not represent or warrant that the information available on or through the
Site will be correct, accurate, timely or otherwise reliable. We may
make changes to the features, functionality or content of the Site at any
time. We reserve the right in our sole discretion to edit or delete
any of the Content and Materials appearing on the Site.
9. Third Party Content
Third party content may appear on the Site or may be accessible via links
from the Site. We are not responsible for and assume no liability
for any third party content. You understand that the information and
opinions in the third party content represent solely the thoughts of others
and is neither endorsed by nor does it necessarily reflect our belief.
10. Unlawful
Activity
We reserve the right to investigate complaints or reported violations of
this Agreement and to take any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary
or appropriate to such persons or entities relating to your profile, e-mail
addresses, usage history, IP addresses and traffic information.
11. Indemnification
You agree to indemnify, defend and hold us and our officers, directors,
brokers, agents, partners, representatives, attorneys, employees, subcontractors,
successors, assigns, and affiliates (collectively, “Affiliated Parties”)
harmless from any liability, loss, claim and expense related to your violation
of this Agreement or use of the Site.
12. Disclaimer
The information AND content from or through the site are provideD “as-is”, “as
available”, with “all faults”, and all warranties, express
or implied, are disclaimed (including but not limited to the disclaimer of
any implied warranties of NONINFRINGEMENT, merchantability and fitness for
a particular purpose). The CONTENTS AND MATERIALS and site may contain
bugs, errors, problems or other limitations, INCLUDING COMPUTER VIRUSES. WE
and our affiliated parties have no liability whatsoever WITH RESPECT TO YOUR
USE OF THE SITE. in particular, but not as a limitation thereof, we
and our affiliated parties are not liable for any indirect, special, incidental
or consequential damages (including damages for loss of business, LOSS OF
DATA, loss of profits, litigation, or the like), whether based on breach of
contract, breach of warranty, tort (including negligence), product liability
or otherwise, even if advised of the possibility of such damages. The
negation and limitation of damages set forth above are fundamental elements
of the basis of the bargain between us and you. This site and the information
presented would not be provided without such limitation. No advice or
information, whether oral or written, obtained by you from us through the
site or otherwise shall create any warranty, representation or guarantee not
expressly sTated in this agreement. All responsibility or liability
for any damages caused by viruses IS disclaimed.
13. Limitation
of Liability
(a) We and any Affiliated Parties shall not be
liable for any loss, cost, injury, claim, liability, or damage of any
kind resulting in any way from (i) any errors in or omissions from the
Site or information obtained, (ii) the unavailability or interruption
of the Site or any features thereof, (iii) your use of the Site, (iv)
the content contained on the Site, (v) any delay or failure in performance
beyond the control of an Affiliated Party, and/or (vi) any viruses or
other harmful components that may infect or cause services, repairs or
corrections required on your server, computer or other property on account
of the access or use of this site.
(b) the aggregate liability of us and ANY affiliated
parties in connection with any claim arising out of or relating to the
site shall not exceed $100 and that amount shall be in lieu of all other
remedies which you may have against us and any affiliated partIES.
14. Links to other Web Sites
The Site may contain links to other websites. We are not responsible
for the content, accuracy or opinions express in such websites, and such websites
are not investigated, monitored or checked for accuracy or completeness by
us. Inclusion of any linked website on our Site does not imply approval
or endorsement of the linked website by us. If you decide to leave our
Site and access these third-party sites, you do so at your own risk.
15. Copyrights
and Copyright Agents
We respect the intellectual property of others, and we ask you to do the
same. If you are a copyright owner or an agent thereof and believe that
your work has been copied in any way that constitutes copyright infringement,
please contact us with the following information:
a. An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest that is
allegedly infringed;
b. A description of the copyrighted work that you claim
has been infringed;
c. A description of where the material that you claim
is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent,
or the law; and
f. A statement by you, made under penalty of perjury,
that the above information is accurate and that you are the copyright owner
or authorized to act on the copyright owner’s behalf.
16. Legal Compliance
You agree to comply with all applicable domestic and international laws,
statues, ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
17. Miscellaneous
This Agreement shall be treated as though it were executed and performed
in San Francisco, California, and shall be governed by and construed in
accordance with the laws of the Sate of California (without regard to conflict
of law principles). Any cause of action by you with respect to the
Site must be instituted within one (1) year after the cause of action arose
or be forever waived and barred. All actions shall be subject to the
limitations set forth in Section 17 and Section 18. The language in
this Agreement shall be interpreted as to its fair meaning and not strictly
for or against any party. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply
in interpreting this Agreement. This Agreement and any rights granted
hereunder may not be transferred or assigned by you, but may be assigned
by us without restriction. The headings in this Agreement are included
for convenience only and shall neither affect the construction or interpretation
of any provision of this Agreement nor affect any of the rights or obligations
of the parties to this Agreement. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed as much
as possibly consistent with applicable law and remaining portions shall
remain in full force and effect. To the extent that anything
in or associated with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. No waiver of any provision
of this Agreement shall be deemed a further or continuing waiver of such
provision or any other provision, and our failure to assert any right under
this Agreement shall not constitute a waiver of such right. Our rights
under this Agreement shall survive any termination of this Agreement.
18. Arbitration
Any legal controversy or legal claim arising out of or relating to this
Agreement or the Site (excluding legal action taken by us or you to collect
or recover damages for, or obtain any injunction relating to, intellectual
property ownership or infringement), shall be settled solely by confidential
binding arbitration in accordance with the commercial arbitration rules
of JAMS. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted
in San Francisco, California. Each party shall bear one-half of the
arbitration fees and costs incurred through JAMS, and each party shall bear
its own attorneys’ fees.