Please carefully read these Terms and Conditions of Use (these "Terms"). Your access to or use of this website signifies that you understand and agree to be bound by these Terms. If you do not agree to be bound by or comply with these Terms, do not access or use this website.
Modification of Terms and Conditions of Use
NOI Capital Partners and/or its subsidiaries (individually and collectively, "NOI") own and operate this website. NOI reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time. We suggest that you check these Terms periodically for changes. They can be accessed from the link at the bottom of our website pages. Any changes, modifications, or additions to, or deletions from these Terms shall be effective upon posting on this website. If you use this website after we post changes to the Terms, you accept the Terms as changed. NOI expressly reserves the right to monitor any use of this website.
Password Security
If you have a password for access to non-public areas of this website, you are responsible for all activities that occur in connection with the password. You are responsible for the confidentiality of your password, and agree not to provide it to any third party. NOI is not responsible for any breach of security caused by your failure to maintain the confidentiality of your password. You agree to notify NOI immediately in the event of loss or theft of your password, or if you believe the confidentiality of your password has been compromised in any way, or in the event of your learning about a possible or actual unauthorized use of the non-public areas of this website. NOI reserves the right to revoke your password and your ability to access non-public areas of this website at any time without prior notice.
Electronic Recording
In connection with your use of the website, you acknowledge and consent to any form of electronic recording of any communication, electronic or otherwise, between you and NOI. You acknowledge and consent to the recording, retention and use by NOI (and its employees, representatives and agents) of all information and data that you input during your use of the website, including without limitation, all selections and uses of software, calculators and other tools included therein.
Jurisdiction
Unless otherwise specified, this website has been published for residents of the United States. The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject NOI or any of its services and products to any registration requirement within such jurisdiction or country. Unless otherwise specified, the services and products described on this website are made available only to persons residing in the United States, and the information on this website is only for such persons. Nothing on this website shall be considered a solicitation to buy or an offer to sell a security or service to any person. NOI does not claim that the products or services referenced in this website are available in any particular jurisdiction or appropriate for any particular investor. If you choose to access this website from a location other than the United States, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Intellectual Property
All copyrights, trademarks, logos, service marks, trade names, or other intellectual property displayed on, or used in conjunction with, this website are proprietary to NOI, unless otherwise noted. The content of this website is protected by applicable intellectual property law. NOI reserves all rights with respect to intellectual property ownership of all material on this website, and will enforce such rights to the full extent permissible by law. The material accessible on or through this website is accessible for personal browsing and printing purposes only. Users of this website may not otherwise:
(1) copy, reproduce, modify, sell, republish, post, transmit, or distribute in any way material from this website without the express, written permission of NOI;
(2) use, copy, modify, or display any NOI name, logo, text, or graphic image without NOI's express, written permission;
(3) display any of the pages, text, images, or other content of this website using "framing" technology without NOI's express written permission;
(4) modify or use the pages, text, images, or other content from this website for any purpose other than browsing or printing for personal, non-commercial use; or
(5) take any action to create an impression of affiliation, sponsorship, or endorsement between any user and/or website and NOI.
Transmission or use of any material in violation of this Agreement, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third prty is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret or patent laws, or material that results in an invasion of privacy.
Linked Websites
NOI is in no way responsible for the content of any website, owned or operated by a third party, that may be linked to this website via hyperlink, whether such hyperlink is provided by NOI or by a third party. In addition, NOI is in no way responsible for the content of any website to which this website may link. The information to which the user links is neither prepared nor maintained by NOI, and NOI has not and will not review or update the information contained in any linked website. NOI is not responsible for, and makes no warranty with respect to the contents, accuracy, completeness, timeliness, suitability, or reliability of the linked website. Use of any website hyperlinked to or from this website shall be at your own risk.
Third-Party Content
Through this website, you may have access to market data such as news reports, third-party analyst reports, research, last sale transaction data, securities price quotations, and other information relating to real estate, securities, real estate markets, and securities markets ("Market Data"). NOI may obtain this Market Data and other information made available on this website from third parties who are independent of NOI. Even though the sources of the Market Data and other information provided on this website are believed to be reliable, NOI is not responsible for, and makes no warranty with respect to the contents, accuracy, completeness, timeliness, suitability, or reliability of the Market Data or other information accessible on or through this website. The Market Data provided is not a complete summary or statement of all available information or data. NOI MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE MARKET DATA AND OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS WEBSITE.
The Market Data and other information accessible through this website is for personal, non-commercial use. You agree not to reproduce, modify, sell, distribute, broadcast, publish, or use for any commercial or unlawful purpose any Market Data or other information you access through this website.
The Market Data and other information accessible on or through this website is provided "as is" and on an "as available" basis. NOI will not be responsible for lost profits, trading losses, or any other damages resulting from inaccurate, defective, or unavailable Market Data or other information. NOI is not obligated to update or to continue to offer Market Data or other information accessible through this website.
No Offer or Advice
This website is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security that may be referenced on or through this website. Nor does this website constitute an offering or recommendation by NOI of any security, investment management service, or advisory service. NOI does not provide investment advice, tax advice, or legal advice through this website, and you agree that this website will not be used by you for such purposes. NOI does not represent that the securities, products, or services discussed on, or accessible through, this website are suitable for any particular investor. You acknowledge that your requests for information are unsolicited, and the provision of any information through this website shall not constitute or be considered investment advice, or an offer to sell, or a solicitation of an offer to buy any security.
Use of E-Mail
The security of electronic mail sent through the Internet is not guaranteed. Do not send sensitive or confidential information to us via electronic mail. Delivery, and timely delivery, of electronic mail is also not guaranteed. NOI therefore recommends that you do not send time-sensitive or action-oriented messages to us via electronic mail. Such requests, orders, or instructions will not be processed until NOI can confirm your instructions or obtain appropriate written documentation where necessary.
Confidentiality
NOI shall use reasonable precautions to maintain the confidentiality of the information you may provide to NOI and information you have created, input or developed in connection with your use of the website, but because such information can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that the information or any information provided to you through the website will remain secure. In addition, NOI may disclose such information to its employees, representatives, officers, agents, and affiliates, as well as a governmental entity or any other third party agent or service provider (a) for any purpose related to the conduct of NOI business or to the offering, providing or maintaining of this website, (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any government agency or official requesting such information, or (c) for any other legitimate business purpose.
NO WARRANTIES; LIMITATION OF LIABILITY
THE ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF THE MARKET DATA AND OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS WEBSITE CANNOT BE GUARANTEED. NOI DOES NOT WARRANT THIS WEBSITE (INCLUDING THE MARKET DATA OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS WEBSITE) FOR ANY PARTICULAR PURPOSE. IT IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. NOI DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER RELATING TO THIS WEBSITE (INCLUDING MARKET DATA OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS WEBSITE), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THIS WEBSITE IS AT YOUR OWN RISK.
NOI AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS WILL NOT BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES) THAT YOU INCUR ARISING FROM OR IN CONNECTION WITH:
(1) ANY DELAY, TERMINATION, FAILURE, DEFECT, OR INTERRUPTION IN THE TRANSMISSION OF THIS WEBSITE OR ANY MARKET DATA OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS WEBSITE;
(2) ANY INACCURACY, ERROR, UNAVAILABILITY, OR INCOMPLETENESS IN THE TRANSMISSION OF THIS WEBSITE OR ANY MARKET DATA OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS WEBSITE;
(3) ANY TERMINATION OR INTERRUPTION OF YOUR ACCESS TO THIS WEBSITE;
(4) YOUR RELIANCE ON OR USE OF THIS WEBSITE OR ANY MARKET DATA OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS WEBSITE;
(5) ANY E-MAIL REQUESTS, ORDERS, OR INSTRUCTIONS YOU SEND, OR THE INTERCEPTION BY THIRD PARTIES OF ANY REQUESTS, ORDERS, OR INSTRUCTIONS YOU SEND VIA E-MAIL;
(6) ANY ACT OR OMISSION OF NOI IN MAKING THIS WEBSITE OR MARKET DATA OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS WEBSITE AVAILABLE TO YOU; OR
(7) ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR USE OF THIS WEBSITE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF NOI OR WITHIN THE CONTROL OF ANY OTHER PARTY PROVIDING SOFTWARE OR SERVICES SUPPORT FOR THIS WEBSITE.
NOI DOES NOT WARRANT THAT THIS WEBSITE, OR THE FUNCTIONS CONTAINED IN THIS WEBSITE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIRING, OR CORRECTING OF YOUR PROPERTY OR OPERATIONS AS A RESULT OF USING THIS WEBSITE. YOU ACCEPT AT YOUR OWN RISK THAT THE INTERNET OR OTHER ONLINE COMMUNICATIONS MEDIUM MAY NOT PERFORM AS INTENDED AS A RESULT OF HUMAN, MECHANICAL, OR OTHER ERROR, DESPITE THE EFFORTS OF NOI, YOU, OR ANY THIRD PARTY.
IN NO EVENT WILL NOI OR ITS DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE, EVEN IF: (A) SUCH DAMAGES ARE REASONABLY FORESEEABLE; OR (B) NOI OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Miscellaneous
(1) This Agreement represents the complete and exclusive statement of the agreement and understanding between you and NOI regarding your rights to access and use this website, and supersedes all prior and contemporaneous agreements and representations regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision to this Agreement shall be effective against NOI unless the same is in writing and signed by an authorized official of NOI.
(2) NOI’s failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on NOI’s part to exercise any power or right given to NOI in this Agreement, or a continued course of such conduct on NOI’s part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to NOI in this Agreement are cumulative and not exclusive of any other rights or remedies which NOI otherwise has at law or equity.
Additional Terms
Certain sections or pages on this website may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Governing Law and Severability
These Terms will be governed and construed under the laws of the state of Texas without regard to its conflict of law principles, regardless of whether you reside in Texas or transact business with NOI in Texas or elsewhere. Nothing in these Terms creates any rights or protections that you are not already entitled to by law. If any part of these Terms is held invalid or unenforceable, that part will be deemed modified as necessary to make it effective, and the remaining provisions of these Terms will remain in effect.
Termination
NOI may terminate your access to this Website and any information or services contained herein at any time.
|
