TERMS OF USE

None of Assets America®, Inc. ("Assets America®") or its respective officers, directors, employees, agents, affiliates, independent contractors or licensors (collectively the "Assets America® Group") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Site content and Assets America® disclaims liability for errors or omissions in the Site content.  This Site and all of the Site content is provided "AS IS" and "AS AVAILABLE," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title.  Additionally, there are no warranties as to the results of your use of the Site content.  The Assets America® Group does not warrant that the Site is free of viruses or other harmful components.  This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.  Assets America® may discontinue or make changes in the Site content and the Site at any time without prior notice to you and without any liability to you.  Any dated information is published as of its date only, and the Assets America® Group does not undertake any obligation or responsibility to update or amend any such information.  Assets America® reserves the right to terminate any or all Site offerings or transmissions without prior notice to you.  This Site may possibly contain technical inaccuracies or typographical errors.  Use of this Site is at your own risk.

GENERAL TERMS OF USE


Please read these terms of use before using this website. The terms of use describe the conditions of use and include disclaimers and limitations of liability that affect your legal rights. Any use of this website creates a binding agreement to comply with these terms. If you do not agree to these terms, you should exit this website immediately. The terms may change from time to time so you should periodically review these terms when using this website.

USER AGREEMENT


The following are terms of a legal agreement (the "Agreement") between you and Assets America®(""we", "our", or "us") that sets forth the terms for your use of this website (the "Site").  The Site is owned and operated by Assets America®.  This Site is being provided to you expressly subject to this Agreement.  The Agreement includes and incorporates the terms of our Privacy Policy, Disclaimer, and Copyright and Trademark Notice.  By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.  The terms and conditions of this Agreement form an essential basis of our bargain.

We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site.  You should check this Agreement periodically for changes.  All changes will be effective upon posting.  Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes.  We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

AGE


Use of this Site is strictly limited to those who are 18 years of age and older.  Persons under the age of 18 are NOT eligible to participate on this Site.

LIMITATIONS OF USE


The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images, graphics and other information (collectively the "Site Content"), is held by Assets America® or by the original creator of the material and is protected by U.S. and International copyright laws and treaties.  You agree that the Site Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Assets America®.  You acknowledge that the Site Content is and shall remain the property of Assets America®.  You may not modify, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or in part.  The use of the Site Content on any other website, including by linking or framing, is prohibited without Assets America®'s prior written approval.  You also may not, without Assets America®'s express written permission, "mirror" any material contained on this Site on any other server.  Any unauthorized use of any Site Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.  You agree to use the Site Content and Site only for lawful purposes.  You are prohibited from any use of the Site Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability.  Any unauthorized use of the Site, including but not limited to unauthorized entry into Assets America®'s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited.  Assets America® makes no claims concerning whether the Site Content may be downloaded or is appropriate for use outside of the United States.  If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

LINKS TO THIRD-PARTY SITES


This Site may contain links to websites controlled, owned, and operated by third parties (the "Third-Party Sites").  Assets America® cannot control and has no responsibility for the accuracy or availability of information provided on Third-Party Sites, or the privacy and security features of those websites.  You acknowledge that use of any Third-Party Sites is governed by the terms of use for those websites, and not by this Agreement.  Links to Third-Party Sites do not constitute an endorsement or recommendation by Assets America® of such websites or the content, products, advertising or other materials presented on such websites, but are only for your convenience and you access them at your own risk.  Assets America® will have no liability of any nature whatsoever for any failure of products or services offered or advertised at such Third Party Sites or otherwise.

DISCLAIMER OF WARRANTIES


None of Assets America® or its respective officers, directors, employees, agents, affiliates, independent contractors or licensors (collectively the "Assets America® Group") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Site content and Assets America® disclaims liability for errors or omissions in the Site content.  This Site and all of the Site content is provided "AS IS" and "AS AVAILABLE," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title.  additionally, there are no warranties as to the results of your use of the Site content.  The Assets America® Group does not warrant that this Site is free of viruses or other harmful components.  This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.  Assets America® may discontinue or make changes in the Site content and Site at any time without prior notice to you and without any liability to you.  any dated information is published as of its date only, and the Assets America® Group does not undertake any obligation or responsibility to update or amend any such information.  Assets America® reserves the right to terminate any or all Site offerings or transmissions without prior notice to you.  This Site may possibly contain technical inaccuracies or typographical errors.  Use of this Site is at your own risk.

LIMITATION OF LIABILITY


Under no circumstances will any of the Assets America® Group be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action, in contract or tort arising, or relating in any way to the use or inability to use by any party of the Site content, the Site or any third-party site to which this Site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Assets America® Group, or representatives thereof, are advised of the possibility of such damages, losses or expenses.  Assets America® is not liable for any defamatory, offensive or illegal conduct of any user.  Your sole remedy for dissatisfaction with this Site is to stop using the Site.  If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.  If the foregoing limitation is found to be invalid, you agree that the Assets America® Group's total liability for all damages, losses, or causes of action of any kind or nature shall be limited to a maximum of $100.

NO INVESTIGATION


Use of this Site involves the interaction of lenders, mortgage brokers, investment bankers, borrowers, and Mergers & Acquisitions clients.  Assets America® merely provides a marketplace for such users and we will not make any attempt to verify (i) the identity, creditworthiness or ethical standards of any user, or (ii) the accuracy or completeness of any information submitted by users on this Site.  By accessing a user through this Site, Assets America® does not endorse or recommend such user.  You should take independent measures to determine the appropriateness of working with any user of the Site.  If you believe that a user of the Site has provided false information, has acted illegally or unethically, or is abusing the Site or its purpose in any way, you should notify us.

INDEMNIFICATION


You agree to indemnify and hold harmless the Assets America® Group from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Assets America® Group in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law.  You further agree that you will cooperate fully in the defense of any such claims.  The Assets America® Group reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Assets America®.  You further agree to indemnify and hold harmless the Assets America® Group from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

MONITORING OF THE SITE


Assets America® has no obligation to monitor the Site; however, you acknowledge and agree that Assets America® has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect us or other users of the Site.

CONTACT BY ASSETS AMERICA®


You agree that we may contact you by phone, fax or email.  The primary purpose of contact will be to inquire about the status of a loan or M&A transaction, but contact may also be for other purposes, such as following up on correction of technical difficulties, user preference surveys and related communications.

SUBMISSIONS TO THE SITE


All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to Assets America® through this Site (collectively, "Submissions") will be deemed to be and remain the property of Assets America®, and Assets America® is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission.  Assets America® shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Assets America® or as otherwise required by applicable law.  Nothing herein contained shall be construed as limiting Assets America®'s responsibilities and obligations under its Privacy Policy.

AVAILABILITY


This Site 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 applicable law or regulation.  By offering this Site and Site Content no distribution or solicitation is made by Assets America® to any person to use the Site or Site Content in jurisdictions where the provision of the Site and/or content is prohibited by law.

TERMINATION


This Agreement is effective until terminated by Assets America®.  Assets America® may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Assets America®'s absolute discretion and without notice.  The following provisions of this Agreement will survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

WAIVER


Failure by Assets America® to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

APPLICABLE LAW


This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California or Washington at Assets America®’s sole discretion, without regard to its conflict of laws rules.

OTHER AGREEMENTS


This Agreement shall be subject to any other agreements you have entered into with us.  In the event of a conflict in terms, the terms of this Agreement shall control.

SEVERABILITY


If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

GENERAL PROVISIONS


This Agreement supersedes any previous Terms of Use Agreement to which you and Assets America® may have been bound.  This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.  Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement.  All rights not expressly granted herein are hereby reserved.

CONTACTING ASSETS AMERICA®


If you have questions regarding the Agreement or the practices of Assets America®, please contact us by e-mail at info@AssetsAmerica.com

 
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