Terms of Use
The Terms of Use were last modified on 05/13/2009
READ BEFORE CONTINUING — YOUR ACCEPTANCE OF TERMS OF USE
PPA Real Estate Management (PPA REM) is pleased to provide you with the information on the PPA REM website. Your use of the PPA REM website is subject to the following Terms of Use (“Terms”).
These Terms are a binding contract between you and PPA REM. By using or accessing the PPA REM website, you accept and agree to be bound by these Terms. Your use of the PPA REM website is governed by the version of the Terms in effect on the date the PPA REM website is accessed by you. PPA REM may modify these Terms at any time and without prior notice. You should review the most current version of this document by visiting http://www.pparem.com and clicking on the Terms of Use hyperlink located at the bottom of the page. These Terms are in addition to any other agreements between you and PPA REM, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the PPA REM website.
USE OF THE PPA REM WEBSITE
The PPA REM website is intended only for your personal, non-commercial use, unless you and PPA REM have agreed otherwise in writing.
PPA REM consists of PPA REM LLC.
INSTITUTIONAL INVESTOR
For purposes of the PPA REM website, the term “Institutional Investor” includes but is not limited to sophisticated non-retail investors such as registered investment companies, investment advisers, plan sponsors, endowments, foundations, governmental entities, and high net worth natural persons. Certain products and investment services may only be offered to Institutional Investors which are also accredited investors and/or qualified purchasers as those terms are currently defined by the U.S. federal securities laws.
INFORMATION FOR NON-U.S. INVESTORS
The PPA REM website is intended to be made available only to current and prospective INSTITUTIONAL INVESTORS residing in the United States. Nothing on the PPA REM website shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE; NO OFFER TO BUY OR SELL ANY SECURITIES
Generally, the PPA REM website is not intended to provide tax, legal, insurance or investment advice, and nothing on the PPA REM website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by PPA REM or any third party. PPA REM does not provide legal or tax advice and we encourage you to consult your own lawyer, accountant or other advisor before making an investment.
COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS
The PPA REM website is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the PPA REM website, including any text, graphics, video, audio, software code, user interface design or logos.
Unless you and PPA REM have agreed otherwise, links from another website to the PPA REM website must resolve to the top-level homepage of a PPA REM domain (e.g., www.pparem.com).
In order to avoid confusion if you do link from another website to PPA REM top-level homepage, your website, and the link itself, may not suggest that PPA REM endorses, sponsors or is affiliated with any non- PPA REM website, entity, service or product, and may not make use of any PPA REM trademarks or service marks other than those contained within the text of the link.
All trademarks and service marks on the PPA REM website belong to PPA REM. or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PPA REM with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works; An identification of the allegedly infringing material, and a description of where that material is located on the PPA REM website; Your address, telephone number, and email address; A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner. The PPA REM Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:
11149 Research Blvd, Suite 375
Austin, Texas 78759
By phone:
512-501-3635
By email:
info@pparem.com
THIRD PARTY CONTENT AND SITES
The PPA REM website includes general news and information, commentary, research reports and data concerning the commercial real estate financial markets and other subjects. Some of that content is supplied by companies that are not affiliated with PPA REM (“Third Party Content”). Most Third Party Content is available through framed areas or through hyperlinks to third party websites, and its source is clearly and prominently identified.
Although Third Party Content may be framed-in on PPA REM website or available through a link to a third-party site, PPA REM does not prepare, edit, or endorse Third Party Content. PPA REM therefore does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. You will use Third Party Content only at your own risk.
TIMELINESS OF CONTENT
All content on the website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
PROHIBITED USES
Because all servers have limited capacity and are used by many people, do not use the PPA REM website in any manner that could damage or overburden any of PPA REM or its affiliates’ server, or any network connected to any of PPA REM or its affiliates’ server. Do not use the PPA REM website in any manner that would interfere with any other party’s use of the PPA REM website.
MEANS OF ACCESS
The PPA REM website is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the PPA REM website, be aware that the PPA REM website may not appear accurately through other access methods, and you use them only at your own risk.
You should not access the PPA REM website through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by PPA REM.
Certain parts of the PPA REM website are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the PPA REM website, or to any other protected materials or information, through any means not intentionally made available by PPA REM for your specific use.
PASSWORD SECURITY AND NOTIFICATION
If you have a Personal Identification Number (PIN) for access to non-public areas of The PPA REM website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take steps to protect the confidentiality of your PIN. Notify The PPA REM immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.
DISCLAIMER OF WARRANTIES PPA REM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PPA REM WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PPA REM WEBSITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND PPA REM DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. PPA REM DOES NOT WARRANT THAT THE PPA REM WEBSITE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. PPA REM ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE PPA REM WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PPA REM WEBSITE WILL MEET YOUR EXPECTATIONS. THIS PROVISION MAY NOT APPLY TO PARTICIPANTS IN CERTAIN EMPLOYER-SPONSORED WORKPLACE SAVINGS PLANS. LIMITATION OF LIABILITY PPA REM WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE PPA REM WEBSITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF PPA REM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. PPA REM WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH PPA REM DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE PPA REM WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
As a condition of your use of the PPA REM website, you agree to indemnify and hold PPA REM and its third party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the PPA REM website, or from your violation of these Terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
CHANGES TO THE PPA REM WEBSITE
Unless otherwise agreed, PPA REM may discontinue or modify the PPA REM website at any time without prior notice to you, and you accept those modifications if you continue to use the PPA REM website.
TERMINATION
PPA REM may terminate your access to the PPA REM website for any reason, without prior notice.
GOVERNING LAW
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the State of Texas, without regard to conflicts of law, and shall inure to the benefit of PPA REM’s successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
SEVERABILITY
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
