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This Terms of Use (this "Agreement") is an agreement
between you and Antares Investment Partners and its affiliated companies
(collectively, "Antares," "we," "us"
or "our") providing the terms and conditions for your
use of our web site accessible at http://www.antaresrealestate.com
(the "Site"). If you shall not agree to, or are unable
to comply with, this Agreement, you should not use the Site. By
using the Site, you accept and agree to the terms and conditions
of this Agreement without any reservations, modifications, additions
or deletions.
1. Authorized Users
1.1 Age requirement; authority. In order to use the Site, you must
be at least 18 years of age. You represent to us (i) that you have
read and understood, and that you agree to be bound by, this Agreement
and (ii) that you are at least 18 years old.
1.2 Registration. We reserve the right to restrict certain areas
of information on the Site to our approved registered users. In
the event that any area of the Site requires you to register with
us prior to our granting you access to such areas of the Site, you
agree to provide truthful information, including, but not limited
to, a member name and password as well as your name, address, telephone
number and a valid e-mail address (the "account information").
You agree to notify us immediately of any unauthorized use of your
member name, password or account. Antares will not be responsible
for any losses arising out of the unauthorized use of your account,
and you agree to indemnify and hold harmless Antares, its partners,
parents, subsidiaries, agents, affiliates and/or licensors, as applicable,
for any improper, unauthorized or illegal uses of your account.
2. License to Use the Site
2.1 Grant of license. Antares grants to you a limited, nonexclusive,
nontransferable license to access and use the Site in accordance
with the terms and conditions set forth in this Agreement. Any use
of the Site not specifically permitted under this Agreement is strictly
prohibited.
2.2 Restrictions. You agree that you will not use the Site in any
way that violates the terms of this Agreement. The Site is owned
by Antares and is protected by United States copyright laws and
international treaty provisions. You agree that you will not (i)
impersonate any person or entity or misrepresent your affiliation
with any other person or entity; (ii) engage in spamming, flooding,
harvesting of e-mail addresses or other personal information, spidering,
screen scraping, database scraping, or any other activity with the
purpose of obtaining lists of users or any other information, including
specifically, property listings available through the Site; (iii)
send chain letters or pyramid schemes via the Site; or (iv) attempt
to gain unauthorized access to other computer systems through the
Site.
3. Intellectual Property. The name "Antares Investment
Partners," the names of its affiliated companies and its design
logo are trademarks of Antares. You are not granted any right or
license with respect to any such trademarks. All information set
forth on the Site is proprietary and the exclusive property of Antares.
If you know of or suspect copyright infringement, please send a
notice to General Counsel, c/o Antares Investment Partners, 333
Ludlow Street, Stamford, Connecticut 06902.
4. Privacy Policy. Unless otherwise addressed in this Agreement,
your use of this Site is subject to Antares' privacy policy, which
is incorporated by reference and made a part of this Agreement.
5. Submissions or Other Information. If you submit to us
or post on the Site any testimonial, comment, review, suggestion
or any work of authorship (collectively, a "submission"),
such submission shall not be deemed confidential and may be used
by us in any manner. Please do not submit or send any submission
to us that you consider contains confidential or proprietary information.
By submitting or sending a submission to us, (i) you represent and
warrant that the submission is original to you, that no other party
has any rights thereto and that any "moral rights" in
such submission have been waived and (ii) you grant us a royalty-free,
unrestricted, worldwide, perpetual, irrevocable, nonexclusive and
fully transferable, assignable and sublicensable right and license
to use, reproduce, publish, distribute, display, translate, summarize,
modify and adapt such submission (in whole or in part) and/or to
incorporate it in other works in any form, media, or technology
now known or later developed, in our sole discretion, with or without
your name.
6. Term. This Agreement will remain effective until terminated
by you or terminated by us.
7. Disclaimers
7.1 The Site is provided to you "as is" and your use
of the Site is at your own risk. To the maximum extent permitted
by applicable law, Antares disclaims all warranties, either expressed
or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title and noninfringement.
Antares makes no representations, warranties or guarantees that
this Site will be free from loss, destruction, damage, corruption,
attack, viruses, interference, hacking or other security intrusion,
and Antares disclaims any liability relating thereto.
7.2 Antares makes no representations, warranties or guarantees
that the content of this Site is or will be accurate, reliable,
current, uninterrupted or without errors. Without prior notice,
Antares may modify, suspend or discontinue any aspect or feature
of this Site or your use of this Site. If Antares elects to modify,
suspend or discontinue the Site, it will not be liable to you or
any third party.
7.3 All property listing information contained within the Site
is subject to the possibility of errors, omissions, change of price,
rental or other conditions, prior sale, lease or financing, or withdrawal
without notice. Any projections, opinions, assumptions or estimates
contained within this Site are for example only, and such projections,
opinions, assumptions or estimates may not represent current or
future performance of a listed property. You and your tax and legal
advisors should conduct your own investigation of any property listed
on the Site and any contemplated transaction concerning any such
property.
8. Limitation of Liability. In no event will Antares be
liable to you for indirect, general, special, incidental, consequential,
exemplary or other damages (including, without limitation, damages
for loss of profits, business interruption, corruption of files,
loss of business information or any other pecuniary loss). No oral
or written information or advice given by Antares or others will
create a warranty, and neither you nor any third party may rely
on any such information or advice.
9. Advisory Services and Securities. The Site is limited
to the dissemination of general information about the services provided
by Antares. The Site does not constitute, and should not be construed
as, an offering of advisory services or an offer to sell or solicitation
to buy any securities or related financial instruments in any jurisdiction
in which such offer or solicitation, purchase or sale would be unlawful
under the securities, insurance or other laws of such jurisdiction.
Responses to any inquiry that may involve rendering of personalized
investment advice for compensation effecting or attempting to effect
transactions in securities will not be made absent compliance with
state broker-dealer, investment advisor, broker-dealer agent or
investment advisor representative registration requirements, or
applicable exemptions or exclusions from such requirements.
10. Indemnity. You will indemnify and hold Antares, its
directors, officers, employees, affiliates, agents, contractors
and licensors harmless with respect to any suits or claims arising
out of your breach of this Agreement or your use or misuse of the
Site.
11. General.
11.1 This Agreement will be governed by the laws of the State of
Connecticut. The exclusive jurisdiction for any claim, action or
dispute with Antares or relating in any way to your use of the Site
will be in the state and federal courts of the State of Connecticut,
and the venue for the adjudication or disposition of any such claim,
action or dispute will be in the County of Fairfield, State of Connecticut.
11.2 Antares may send notices to you with respect to your use of
the Site by sending an e-mail message to the e-mail address listed
in your account information, by sending a letter via U.S. mail to
the contact address listed in your account information or by posting
a note on the Site when you access your account. You agree that
we may provide notice to you through such means and that such notices
will become effective immediately.
11.3 For questions regarding this Site, please e-mail us at info@antaresrealestate.com
or call 203.653.6000.
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