| ONLINE USER AGREEMENT AND PRIVACY
POLICY
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS
WEB SITE YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF, AND
BE LEGALLY BOUND BY, THIS ONLINE USER AGREEMENT AND PRIVACY
POLICY (THIS “AGREEMENT”) BETWEEN YOU AND Equitable Properties,
LLC. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE
DO NOT USE THE WEB SITE.
1. GENERAL INFORMATION.
1.1. Changes. The web site is
provided by Equitable Properties, LLC. Equitable Properties
LLC. reserves the right, at its discretion, to change the terms
of this Agreement and/or change, suspend, discontinue or modify
any aspect of the web site. Such modifications may include,
without limitation, changes in content, in user priorities, and
discontinuance of functional aspects of the web site.
1.2. Notices of Changes. We may
amend this Agreement at any time without specific notice to
you. The latest Agreement will be posted on our web site, and
you should review this Agreement prior to using the web site.
You agree to review the terms and conditions of this Agreement
periodically to be aware of such revisions. Additionally, your
continued use of the web site after the posting of any change
in the terms and conditions shall constitute your acceptance to
be bound by the express terms of any such changes.
1.3. Use of Information or Services.
All visitors are notified and agree that we do not assume any
responsibility for problems and losses experienced by using our
web site’s information or services. If you take action to buy,
sell, or invest after visiting our web site and it causes you
to take an action that results in a loss of money, property,
profits, opportunity costs, or any other loss on your part, you
may not sue us to recover that money (loss). We only provide a
service to independent individual investors, sellers, and
buyers that are each totally responsible for the results of
their own actions.
1.4. Revocable License. You are hereby granted a
non-exclusive, non-transferable, revocable license (a) to
access and use the web site strictly in accordance with this
Agreement; and (b) to use the web site solely for internal,
personal, non-commercial purposes. We do not represent, or
warrant that the web site will be error-free, free of viruses,
or other harmful components, or that any defects will be
corrected. We do not represent, or warrant that the information
available on, or through the web site will be correct,
accurate, timely, useful, complete, or otherwise reliable.
2. LIMITATIONS ON USE AND USER
SUBMISSIONS.
2.1. Copyright and Trademark Notice. All content of the
web site provided by Equitable Properties LLC., including, but
not limited to, all text, photos, graphics, audio, software,
presentations in any format and/or video is copyrighted by
Equitable Properties LLC.. All rights reserved. No portion of
the information or other materials may be directly or
indirectly copied, published, reproduced, modified, performed,
displayed, sold, transmitted, published, broadcast, rewritten
for broadcast or publication or redistributed in any medium,
whether now known or hereafter created. No portion of the
information or other materials may be stored in a computer or
distributed over any network, except that you may download or
print one copy of pages strictly for personal and
non-commercial use. However, any print out of any page of the
web site or portion thereof, must include Equitable Properties,
LLC.’s copyright notice. Equitable Properties, LLC., and its
associated logos, page headers, custom graphics, buttons, and
other icons are service marks, trademarks, registered service
marks, registered trademarks, or trade dress of Equitable
Properties, LLC.. All other content, product names, and company
logos are trademarks of their respective owners. Neither these
materials, nor any portion thereof, may be stored in a computer
except as reasonably necessary for personal and non-commercial
use.
2.2. Restricted Use of the Site. You agree to use the
web site for lawful purposes only. You agree not to post or
transmit any information through the web site which: (a)
infringes the rights of others or violates their privacy or
publicity rights, (b) is unlawful, threatening, abusive,
defamatory, libelous, vulgar, obscene, profane, indecent or
otherwise objectionable, or (c) is protected by patent,
copyright, trademark or other proprietary right without the
express permission of the owner of such right. You shall be
solely liable for any damages resulting from any infringement
of patent, copyright, trademark or other proprietary rights, or
any other harm resulting from your use of the web site.
2.3. Your Submission of Messages. You hereby grant to
Equitable Properties, LLC. a worldwide, royalty-free,
perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, display and use for any
purpose all messages or other materials posted by you on the
web site or any e-mail sent by you to Equitable Properties,
LLC. (in whole or in part) and to incorporate any such messages
or other materials or e-mails in any form, into other media or
technology whether now known or hereafter developed.
2.4. Public Messages. All electronic forums made
available to users of the web site are the sole property
ofEquitable Properties, LLC. and are not public forums. You
understand and acknowledge that all information, data, files,
software, music, sound, photographs, graphics, video, messages
or other materials posted by any person or entity other than
Equitable Properties, LLC. (“Third-Party Content”), whether
publicly posted or privately transmitted, are the sole
responsibility of the person from which such Third-Party
Content originated. You assume total liability for all
Third-Party Content that you upload, post, email or otherwise
transmit via the web site. Equitable Properties, LLC. assumes
no liability for any such Third-Party Content. You agree not to
use the web site to:
A. upload, post, e-mail or otherwise transmit any Third-Party
Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, or hateful, or is racially,
ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including, but not limited
to, an official or representative of Equitable Properties,
LLC., or falsely state or otherwise misrepresent your
affiliation with a person or entity;
D. forge headers or otherwise manipulate identifiers to
disguise the origin of any content transmitted through the web
site;
E. upload, post, e-mail or otherwise transmit any Third-Party
Content that you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned
or disclosed as part of employment relationships or under
nondisclosure agreements);
F. upload, post, e-mail or otherwise transmit any Third-Party
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
G. upload, post, e-mail or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, “junk
mail,” “spam,” “chain letters,” “pyramid schemes,” or any other
form of solicitation;
H. upload, post, e-mail or otherwise transmit any material that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment or network;
I. interfere with or disrupt the web site or servers or
networks connected to the web site, or disobey any
requirements, procedures, policies or regulations of networks
connected to the web site;
J. intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
K. “stalk” or otherwise harass another; or
L. collect or store personal data about other users.
You acknowledge that Equitable Properties, LLC. does not
pre-screen Third-Party Content, but that Equitable Properties,
LLC. and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any
Third-Party Content that is available via the web site. Without
limiting the foregoing, Equitable Properties, LLC. and its
designees shall have the right to remove any Third-Party
Content that violates this Agreement or is otherwise
objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Third-Party Content,
including any reliance on the accuracy, completeness, or
usefulness of such Third-Party Content. You acknowledge and
agree that Equitable Properties, LLC. may preserve Third-Party
Content and may also disclose Third-Party Content if required
to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce this Agreement; (c)
respond to claims that any Third-Party Content violates the
rights of other third-parties; or (d) protect the rights,
property, or personal safety of Equitable Properties, LLC., its
users, or the public.
2.5. Linking. Without the prior written consent of
Equitable Properties, LLC., you may not use any of Equitable
Properties, LLC.’s proprietary logos, marks, or other
distinctive graphics, video, or audio material in your links.
You may not link to the web site or to any page thereof or
engage in the practice of “deep linking” in any manner
reasonably likely to: (a) imply affiliation with or endorsement
or sponsorship of or by Equitable Properties, LLC.; (b) cause
confusion, mistake, or deception; (c) dilute Equitable
Properties, LLC.’s trademarks or service marks; (d) otherwise
violate state or federal law; or (e) constitute improper
disparagement or disclosure concerning Equitable Properties,
LLC. or any of its respective affiliates, or their respective
officers, directors, agents, franchises, or Vendors. You may
not frame or otherwise incorporate into another web site any of
the information or other materials on this web site without the
prior written consent of Equitable Properties, LLC..
3. ACCESS AND DELAYS IN
SERVICES.
Equitable Properties, LLC., its affiliates, subsidiaries, and
Vendors shall have no responsibility to provide you access to
the web site. Further, Equitable Properties, LLC., its
affiliates, subsidiaries, and Vendors shall not be liable to
you for any loss or liability resulting, directly or
indirectly, from delays, inaccuracies, errors, omissions or
interruptions of the web site for any reason, including,
without limitation, due to electronic or mechanical equipment
failures, telephone interconnect problems, defects, weather,
strikes, walkouts, fire, acts of God, riots, armed conflicts,
acts of war, acts of terrorism, or to other like causes.
4. MONITORING OF SITE.
You acknowledge that Equitable Properties, LLC. reserves the
right to, and may from time to time, monitor for all lawful
purposes any and all Third-Party Content transmitted or
received through the web site. During monitoring, information
may be examined, recorded, copied, and used for authorized
purposes. All Third-Party Content, including personal
information, placed on or sent over the web site may be
monitored. Use of the web site, authorized or unauthorized,
constitutes consent to such monitoring and to the other terms
of this Agreement.
5. REPRESENTATIONS, WARRANTIES AND LIMITATION OF
LIABILITY.
5.1. General Disclaimer and Limited Warranty.You
acknowledge that certain aspects of the information on the web
site and links provided through the web site are compiled from
sources which may be beyond the control of Equitable
Properties, LLC.. Though such information and links are
recognized by the parties to be generally reliable, the parties
acknowledge that inaccuracies may occur. Equitable Properties,
LLC., its licensees or affiliates do not warrant the accuracy
or suitability of any such information. Neither Equitable
Properties, LLC. nor its licensees or affiliates represent or
endorse the accuracy or reliability of the information
distributed through the Service. FOR THIS REASON, YOU
ACKNOWLEDGE THAT THE WEB SITE IS PROVIDED TO YOU ON AN “AS IS
WITH ALL FAULTS” BASIS. Equitable Properties, LLC. AND ITS
LICENSEES AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR
ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE
OF DEALING. FURTHER, Equitable Properties, LLC. AND ITS
LICENSEES AND AFFILIATES NEITHER REPRESENT NOR WARRANT THAT THE
WEB SITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR
NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.
5.2. Errors and Omissions. You assume all risk of errors
and omissions in the web site, including the transmission or
translation of data. You assume full responsibility for
implementing sufficient procedures and checks to satisfy your
requirements for the accuracy and suitability of the web site,
including the information, and for maintaining any means which
you may require for the reconstruction of lost data or
subsequent manipulations or analyses of the Information
provided under this Agreement.
5.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT Equitable
Properties, LLC. USES REASONABLE EFFORTS TO ASSURE THAT NO
VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE
PASSED THROUGH, THE WEB SITE OR THE INFORMATION ON THE WEBSITE.
HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD
Equitable Properties, LLC. HARMLESS), BY WHATEVER MEANS YOU
DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND
ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
5.4. LIMITATION OF LIABILITY. YOU AGREE THAT Equitable
Properties, LLC. AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS
SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE WEB SITE FOR ANY PURPOSE WHATSOEVER. THE PROVISIONS
CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT.
5.5. FTC NOTICE. SOME STATES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
6. INDEMNIFICATION.
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND,
INDEMNIFY, AND HOLD HARMLESS Equitable Properties, LLC. AND ITS
AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR
MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER
(COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS,
CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR
CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS’ FEES
AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY
ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH,
OR RELATING TO, YOUR ACCESS AND USE OF THE WEB SITE, INCLUDING
YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEB SITE. THE
OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN
THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART,
BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT
LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER
FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY,
INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR
SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED
IN THE DEFENSE OF ANY SUCH CLAIM.
7. PRIVACY.
7.1. Privacy. Records of your use of the web site is the
sole property of Equitable Properties, LLC. and is protected by
and subject to the U.S. Electronic Communications Privacy Act
(18 U.S.C.S. § 2701 et seq.), as amended, or any successor
statute. Equitable Properties, LLC. reserves the right to use
such information for its marketing, licensing and membership
endeavors. Your personally identifying information will not be
shared with any third party, with the following exceptions:
A. Information that Equitable Properties, LLC. in good faith
determines is legally required to be revealed by any relevant
statute, regulation, ordinance, rule, administrative or court
order, decree, or subpoena;
B. Information revealed during the course of Equitable
Properties, LLC.’s enforcement of the policies and procedures
of the web site, the terms of this Agreement, or during the
course of any disciplinary actions;
C. Information in a manner expressly permitted by the
provisions of this Section;
D. Information that Equitable Properties, LLC. in good faith
determines must be disclosed to correct what it believes to be
false or misleading information or to address activities that
Equitable Properties, LLC. believes to be manipulative,
deceptive or otherwise a violation of law; or
E. Unless you are otherwise notified at the time we collect the
data. Note also, your electronic mail address may become public
when you participate in web site electronic forums. We may also
conform to the standard practice of using “cookies” which, when
you sign on to our site, automatically copies a small record
file (“cookie”) to your hard disk.
7.2. Privacy of Minors. Protecting the privacy of
children is especially important. Equitable Properties, LLC.
does not knowingly collect information about children and will
delete any such information that it discovers or of which it is
made aware.
7.3. Nonpublic Personal Information.“Nonpublic Personal
Information” is the nonpublic information about you that is
obtained from you in connection with providing you a financial
product or service such as a loan or mortgage. Equitable
Properties, LLC. and its advertisers may collect nonpublic
personal information from the online forms you complete in
order to obtain the financial product or service, from
information collected as a result of your transactions with
Equitable Properties, LLC., our advertisers or others, and from
consumer reporting agencies. Equitable Properties, LLC. will
not disclose any nonpublic personal information about our
current or former customers and consumers to anyone, except as
permitted or required by law, or as described below. We may
disclose all of the information we collect about you to our
affiliates who offer related goods and services, and to
nonaffiliated third parties that perform services on our
behalf, including marketing services, or other financial
institutions with whom we have joint marketing agreements. If
we collect nonpublic personal information from you to provide
third-party financial products and services requested by you,
such third-party’s use of your personal information will be
subject to their privacy policy as disclosed to you by them. We
have procedures in place that limit access to nonpublic
personal information to those employees and other individuals
who need to know such information to provide products and
services to you. We will maintain physical, electronic, and
procedural safeguards to protect the confidentiality of your
nonpublic personal information as required by law.
7.4. Other Sites and Their Policies. Other sites that
may be accessed through our web site will have their own
privacy policies and rules. You must ensure that you agree to
these terms when entering their web sites. We cannot be held
liable for any information, or exchange of data while on any
other web site.
8. UNSOLICITED E-MAIL AND DIRECT
MARKETING.
8.1. Unsolicited E-mail. Equitable Properties, LLC.
supports responsible e-commerce. Equitable Properties, LLC.
does not authorize anyone to use the web site to broadcast,
distribute, transmit or retransmit unsolicited commercial,
non-commercial, bulk, or junk electronic mail (“SPAM”).
8.2. Electronic Direct Marketing Programs.Equitable
Properties, LLC. may develop and participate in electronic
direct marketing to users of the web site who elect to receive
electronic mail of specific interest to them. In keeping with
this Agreement, Equitable Properties, LLC. does not forward the
names and addresses (electronic or otherwise) to third parties.
Advertisers who participate in Equitable Properties, LLC.’s
electronic direct marketing programs identify the category of
users who would most likely be interested in their goods and
services. Equitable Properties, LLC. then forwards the
advertisements to users who have elected to receive that
category of electronic mail. Users may elect to not receive
similar electronic mail by requesting that their e-mail address
be removed from the mailing list by selecting the appropriate
option included with each e-mail advertisement sent by
Equitable Properties, LLC.. In addition, users may elect to be
removed from such lists at any time by sending a message to the
System administrator at webmaster@1800buyerhr.com.
8.3. Reporting SPAM. Users who receive SPAM or any
threatening or offensive e-mail as a result of use of the web
site, may report it to Equitable Properties, LLC. by forwarding
the unedited message with the full message header to
webmaster@1800buyerhr.com
8.4. Reservation of Rights. Equitable Properties, LLC.
reserves the right to take all legal or technical steps that it
deems necessary to prevent the broadcast, distribution,
transmission, or retransmission over the web site of SPAM, junk
e-mail, threatening or offensive e-mail, or e-mail otherwise
determined by Equitable Properties, LLC., in its sole
discretion, to be objectionable. Equitable Properties, LLC.
reserves the right to suspend or terminate any person or
entity’s use of or access to the web site if it determines, in
its sole and absolute discretion, that such person or entity
has used or intends to use the web site in violation of this
policy. A failure of Equitable Properties, LLC. to exercise any
right provided for herein shall not be deemed to be a waiver of
such right.
9. MISCELLANEOUS
9.1. Governing Law; Limitations; Venue. The laws of the
State of Virginia, excluding any rule or principle that would
refer to and apply the substantive law of another state or
jurisdiction, shall govern this Agreement. To the extent
allowed by applicable law, any claims or causes of action
arising from or relating to your access and use of the web site
as contemplated by this Agreement must be instituted within two
(2) years from the date upon which such claim or cause arose.
Further, any such claim or cause of action shall be brought
EXCLUSIVELY in the state or federal courts located in Norfolk,
Virginia and you agree to submit to the exclusive personal
jurisdiction of such courts and hereby appoint the Secretary of
State of Virginia as your agent for service of process. You
agree to waive any objection that the state or federal courts
of Norfolk, Virginia are an inconvenient forum.
9.2. Assignments. You may not assign any of your rights,
obligations, privileges, or performance hereunder without the
prior written consent of Equitable Properties, LLC.. Any
assignment other than as provided for in this Section shall be
null and void.
9.3. Severability. If any provision of this Agreement is
found to be unlawful or unenforceable in any respect, the court
shall reform such provision so as to render it enforceable (or,
if it is not possible to reform such provision so as to make it
enforceable, then delete such provision); and, as so reformed
or modified, fully enforce this Agreement.
9.4. U.S. Government Restricted Rights; Export. The
materials on the web site are provided with “RESTRICTED
RIGHTS.” Use, duplication or disclosure by the Government is
subject to restrictions as set forth in applicable laws and
regulations. Use of the materials by the Government constitutes
acknowledgement of Equitable Properties, LLC.’s proprietary
rights in them. You may not use or export the information or
any other materials in this web site in violation of U.S.
export laws and regulations.
9.5. Termination. Equitable Properties, LLC. may
terminate or suspend your use of the web site for any reason.
Termination or cancellation of your use of the web site shall
not affect any right or relief to which Equitable Properties,
LLC. may be entitled, at law or in equity. Upon termination or
cancellation, all rights granted to you will terminate and
revert to Equitable Properties, LLC..
9.6. Notice. Official correspondence must be sent via
postal mail to:
Equitable Properties, LLC.
P.O. Box 12192
Norfolk, VA 23502
9.7. Entire Agreement. This Agreement is complete and
effective at the time you begin use of the web site. This
Agreement constitutes the entire agreement between the parties,
and no other agreement, written or oral, exists between you and
Equitable Properties, LLC.. In the event that any
inconsistencies exist between this Agreement and any future
published terms or understanding, the last published Agreement
or terms of use shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY
Equitable Properties, LLC.
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