YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PROMPTLY CEASE ACCESSING OR OTHERWISE USING THE WEBSITE.
Ackman-Ziff may change these Terms at any time. You are responsible for checking these Terms from time to time. Your continued use of the Website signifies your acceptance of the then in effect Terms.
By accessing or otherwise using the Website, you certify that you are at eighteen (18) years of age, and that, if you are acting on the behalf of any other party, you are authorized to act on behalf of such party.
2. INTELLECTUAL PROPERTY
The Website is owned and operated by Ackman-Ziff. All materials on or incorporated in the Website, including without limitation, all software, source code, data, text, graphics, photographs and sounds are protected by copyright, patent, trade secret or other intellectual property laws under U.S. and international laws and treaties. The compilation and arrangement of all content, data and other information found within the Website, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are proprietary to Ackman-Ziff and protected under U.S. and international intellectual property laws and treaties. The trademarks, trade names, characters, logos or other images on the Website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Ackman-Ziff.
Subject to the terms and conditions set forth herein and any third party restrictions, Ackman-Ziff grants you a revocable, non-transferable, non-exclusive and non-sub-licensable limited right and license to view, use and access the Website on a computer, tablet device or mobile phone that you own or control to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by Ackman-Ziff for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use.
4. PROHIBITED CONDUCT
You agree not to:
(i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Website, or any part thereof, in a manner other than as provided by Ackman-Ziff;
(ii) copy, distribute, display, transmit or reproduce the Website, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons and wallpaper;
(iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Website;
(iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder;
(v) use the Website in any manner that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Ackman-Ziff, its affiliates, or any other third party; or
(vi) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks.
5. DISCLAIMER OF WARRANTIES
YOU ACCESS AND USE THE WEBSITE AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACKMAN-ZIFF AND ITS PARENTS, SUBSIDIARIES, AFFILLIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS (COLLECTIVELY, THE “ACKMAN-ZIFF PARTIES”) DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, ACKMAN-ZIFF AND THE ACKMAN-ZIFF PARTIES DO NOT REPRESENT OR WARRANT THAT (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THE DEFECTS IN THE WEBSITE WILL BE CORRECTED, (C) THE WEBSITE OR THE SERVERS THAT OPERATE THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THE CONTENT, DATA, RESULTS AND INFORMATION WITHIN THE WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, RELIABLE OR OTHERWISE; OR (E) THE WEBSITE WILL MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL ACKMAN-ZIFF OR THE ACKMAN-ZIFF PARTIES BE LIABLE TO ANY PARTY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE, THE CONTENT OR ANY OTHER MATERIAL OR INFORMATION ON THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ACKMAN-ZIFF OR THE ACKMAN-ZIFF PARTIES IS TO DISCONTINUE YOUR USE OF THE SERVICES AND THE WEBSITE. IN NO EVENT WILL ACKMAN-ZIFF OR THE ACKMAN-ZIFF PARTIES AGGREGATE LIABILITY WITH RESPECT TO THE USE OF THE WEBSITE EXCEED THE AMOUNT OF $25.00 U.S. DOLLARS. THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ACKMAN-ZIFF. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
As a condition of use of this website, you agree to indemnify Ackman-Ziff from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that if were true would constitute a breach by you.
9. GOVERNING LAW
These Terms shall be governed by and construed under the laws of the State of New York applicable to agreements made and fully performed therein. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the County and State of New York for any action arising out of or relating to these Terms. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.
Any provision of these Terms which is invalid, illegal, or unenforceable in any jurisdiction shall, solely as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provisions of these Terms invalid, illegal or unenforceable in any other jurisdiction. Nothing in these Terms shall be construed as a waiver or relinquishment of any right, remedy, or defense possessed by Ackman-Ziff or any of the Ackman-Ziff Parties, all of which are expressly reserved. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ackman-Ziff.
If you have any questions regarding these Terms or the Website, please contact us at Ackman-Ziff Real Estate Group LLC, 711 Third Avenue, 11th Floor, New York, NY 10017 or email at: email@example.com.