Terms of Use

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY REAL ESTATE CAPITAL PARTNERS LIMITED PARTNERSHIP (“RECP”). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY RECP AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

ACCESS TO THE SITE

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete, and that you comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the web site and the Content and materials provided herein. If RECP believes the information you provide is not correct, current, or complete or that you are violating any applicable domestic or international laws, statutes, ordinances or regulations, RECP has the right to refuse you access to the site or any of its resources, and to terminate or suspend your access at any time.

RESTRICTIONS ON USE

Users have a nonexclusive, nontransferable, limited, revocable right to use this site solely to obtain information about RECP. You will not use this site for any other purpose, including any commercial purpose, without RECP’s express prior written consent. For example, without the express prior written permission of an authorized representative of RECP you will not (and will not authorize any other party to) (i) co‑brand this site or any portion thereof, or (ii) frame this site or any portion thereof, or (iii) link to this site or any portion thereof, or (iv) use devices (including software) that are designed to provide repeated automated access to this web site, or (v) collect or store personal data about other users of this web site, or (vi) create a link to this web site or any page within this web site, or (vii) remove, decompile, disassemble or reverse engineer any web site software or use any network monitoring or discovery software to determine the web site architecture; or (viii) use any automatic or manual process to harvest information from the web site; or (ix) use the web site for the purpose of gathering information 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, or (3) unsolicited telephone calls or facsimile transmissions; or (x) use the web site in a manner that violates any state or federal law regulating e‑mail, facsimile transmissions or telephone solicitations; or (xi) export or re-export the web site or any portion thereof, or any software available on or through the web site, in violation of the export control laws or regulations of the United States. For purposes of these Terms of Use, “co‑branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the site or content accessible within the site. You agree to cooperate with RECP in causing any prohibited use immediately to cease.

PROPRIETARY INFORMATION

The material and content accessible from this site and any other World Wide Web site owned, operated, licensed or controlled by RECP or any of its related, affiliated or subsidiary companies (the “Content”) is the proprietary information of RECP or the party that provided the Content to RECP, and RECP or the party that provided the Content to RECP retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of RECP, except that you may print out a copy of the Content solely for your personal use, and members of the media may use Content provided on the site solely for editorial purposes. In doing so, you may 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. Modification or use of the Content except as expressly provided in these Terms of Use violates RECP’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

HYPER-LINKS

This site may be linked to other sites which are not maintained by, or related to, RECP. Hyper-text links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or RECP. RECP has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and RECP makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this site. Further, the inclusion of any link to a third-party site does not necessarily imply endorsement by RECP of that site.

SUBMISSIONS

You hereby grant to RECP the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all remarks, suggestions, ideas, graphics or other information communicated to RECP through or in connection with this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media or technology now known or later developed. RECP will not be required to treat any Submission as confidential, unless RECP agrees to do so in writing, and may use any Submission in its business (including without limitation, for products or advertising), and will not incur any liability as a result of any similarities that may appear in future RECP materials.

NO INVESTMENT ADVICE OR RECOMMENDATIONS

This web site and its content are provided as a public service to customers and are for informational and educational purposes only. None of the information provided through this web site constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security or investment. Decisions based on information provided through this web site are your sole responsibility and are made at your own risk.

Nothing on this web site shall be considered a solicitation or offer to buy or sell any security or investment, or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through this web site are intended to be general in nature. While intended to be helpful, these overviews are no substitute for professional tax, financial or legal advice or more detailed information in prospectuses. Potential investors should seek such professional advice for their particular situation before investing.

DISCLAIMER

You understand that RECP cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checks to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. RECP does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace RECP’s written reports, statements and notices. Investors, borrowers and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RECP DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. RECP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RECP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND RECP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT RECP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. RECP MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and RECP does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is no longer accurate or complete.

LIMITATION ON LIABILITY

RECP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF RECP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF RECP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO RECP FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNITY

You will indemnify and hold RECP, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

TRADEMARKS

Trademarks, service marks and logos appearing in this site are the property of RECP or the party that provided the trademarks, service marks and logos to RECP. RECP and any party that provided trademarks, service marks and logos to RECP retain all rights with respect to any of their respective trademarks, service marks and logos appearing in this site.

INFORMATION YOU PROVIDE

You may not post, send, submit, publish, or transmit in connection with this site any material that:

you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
contains links to other sites that contain content that falls within the descriptions set forth above.

RECP reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither RECP nor any third party that provides Content to RECP will assume or have any liability for any action or inaction by RECP or such third party with respect to any submission.

SECURITY

Any passwords used for this site are for individual use only and are not to be transferred or shared. You shall be responsible for the security of your password (if any). RECP shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that RECP considers insecure, RECP will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, RECP reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. RECP reserves the right to investigate suspected violations of these Terms of Use.

RECP reserves the right to fully cooperate with any law enforcement authorities or court order/subpoena requesting or directing RECP to disclose the identity of anyone posting any e‑mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use, or otherwise violating these Terms of Use or the law. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS RECP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RECP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RECP OR LAW ENFORCEMENT AUTHORITIES.

You should be aware that the Internet, being an open network, is not secure. If you choose to send any electronic communications to us by means of this website, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.

MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and RECP arising out of these Terms of Use or pertaining to this website. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter hereof shall be in the state and federal courts in New York, New York. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions on the site shall govern the items to which they pertain. RECP can revise these Terms of Use at any time by updating this posting.

Last updated: September 2007