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.
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.
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
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.
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.
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
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.
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.
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.
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.
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.
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.
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.