PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By accessing or using this website (the “Site”) of the Saban Real Estate Group and their affiliates, including without limitation Saban Real Estate LLC, Saban Real Estate II LLC (collectively, “SRE”) you hereby accept and agree to comply with these Terms and Conditions of Use. You acknowledge your understanding that these Terms and Conditions of Use constitute a binding agreement between you and SRE (sometimes referred to as “we” or “us”) that governs your access and use of the Site and all content contained herein (“Content”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS IN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. SRE RESERVES THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE THE TERMS AND CONDITIONS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. THE REVISED TERMS AND CONDITIONS OF USE WILL BECOME EFFECTIVE AT THE TIME OF POSTING, AND ANY USE OF THE SITE AFTER THE EFFECTIVE DATE CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE REVISED TERMS, DO NOT CONTINUE TO USE THE SITE. WE SUGGEST THAT YOU REVIEW THE TERMS AND CONDITIONS OF USE FROM TIME TO TIME FOR CHANGES.
YOUR BREACH OF ANY PROVISION OF THESE TERMS AND CONDITIONS OF USE OR OTHER RULES, PROCEDURES, POLICIES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE SITE WILL AUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THE SITE AND YOU WILL BE FULLY LIABLE FOR CONVERSION, MISAPPROPRIATION, TRESPASS TO CHATTELS AND ALL OTHER CLAIMS AND CAUSES, REGARDLESS OF THE IDENTITY OF CLAIMANT OR INJURED PARTY, ARISING FROM OR RELATING TO YOUR CONTINUED USE OF THE SITE AFTER SUCH BREACH.
Limited Right to Use:
No relationship shall exist or arise as a result of your access or use of the Site. Nothing contained in these Terms and Conditions of Use is intended to modify any other written agreement you may have with SRE, if any, that may be in effect. In the event of any inconsistency between these Terms and Conditions of Use and any other written agreements with SRE, the terms of the other written agreements shall control.
Disclaimer and Limitation of Liability
No Warranty; Limitation on Liability:
BY USING THE SITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER SRE NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER SRE NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT PROVIDED IN THE SITE OR THE MATERIALS OR SERVICES OFFERED IN THE SITE NOW OR IN THE FUTURE. SRE AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE SITE, INFORMATION ON THE SITE OR THE RESULTS OBTAINED FROM USE OF THE SITE OR RELATED SERVICES.
Any Content downloaded or otherwise obtained through the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of SRE has been advised of or should have knowledge of the possibility of such damages.
Nothing contained in the Site constitutes investment, legal or tax advice. Neither the information, nor any opinion contained in the Site constitutes a solicitation, offer or recommendation by SRE, any of its affiliates or any fund or other entity managed directly or indirectly by any of the foregoing, to buy or sell any partnership interest, securities, futures, options or other financial instruments. The information on the Site is provided for informational purposes only, is solely product-related and does not take into account any personal circumstances and does not qualify as general or personal investment recommendation or advice. You are solely responsible for evaluating the information provided on the Site and any decisions based on such information. As a condition of accessing the Site, to the fullest extent permissible pursuant to applicable law, you agree to hold SRE and its officers, directors, managers, partners, members, stockholders, employees, affiliates and agents harmless from and against any claims whatsoever and of any nature for damages arising from any decisions that you make based on such information.
The Site and all information and materials contained therein are provided “as is” and on an “as available” basis without warranties of any kind (either express or implied). SRE makes no warranty that the Site will be uninterrupted, reliable, error-free, virus-free, malware-free, current, accurate or complete, or will meet your expectations or requirements. You agree that temporary interruptions of the Site may occur and we have no control over any third party networks in connection with our services or any delays or disruptions of network transmissions. We are not responsible for any typographical errors or omissions. To the fullest extent permissible pursuant to applicable law, SRE disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.
SRE makes no representations that transactions, products or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Site do so at their own initiative and are responsible for compliance with local laws or regulations.
To the fullest extent permitted by applicable law, SRE will not be liable in any respect for any damages whatsoever arising from use or inability to use the Site, any Content or materials contained therein, inconvenience or delay (including without limitation, special or consequential damages, lost profits, damages arising from lost data or business interruption, or liability in relation to errors or omissions in any information or materials or the use or interpretation by others of such information or materials), whether based on warranty, contract, tort (including negligence) or any other legal theory, even if SRE and its authorized representatives have been advised of the possibility of such damages.
Site Security:
You may not violate or attempt to violate the security of the Site. Tampering with any portion of the Site, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Site, whether or not through the use of agents, are prohibited and constitute a breach of these Terms and Conditions of Use.
While accessing or using the Site, you shall not
(a) access data not intended for you or log onto a server or an account which you are not authorized to access;
(b) use, redistribute, republish or exploit any part of the Site or any Content for any commercial or promotional purposes;
(c) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;
(d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(e) attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (e) send unsolicited email, including promotions and/or advertising of products or services; (f) forge any TCP/IP packet header or any part of the header information in any email or posting; (g) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third party web browsers; (h) reverse engineering, decompiling or disassembling the underlying software; (i) remove any notices, warnings, labels, annotations or instructions from any portion of the Site or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (j) otherwise invade the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Site.
Any violations of system or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). SRE may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Site if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.
Ownership of Materials on Site:
You may download or copy Content only to the extent such download is expressly permitted in writing on the Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software.
The Saban®, Saban Real Estate®, Saban Capital Group® and Saban Management®, are trademarks of SRE. Nothing on the Site shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on the Site. Anything transmitted to the Site by you becomes SRE’s property and may be used by us for any lawful purpose. SRE reserves all rights with respect to copyright and trademark ownership of all material on the Site, and will enforce such rights to the full extent of the law.
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by SRE or by third parties who have licensed their materials to SRE and are protected by U.S. and international copyright laws or otherwise available for use. The compilation of all Contents on the Site is the exclusive property of SRE and is also protected by U.S. and international copyright laws.
Cookies:
We may collect certain aggregate and non-personal information when you visit the Site. We may collect this information through “cookie” technology. Cookies are bits of text that can be placed on your computer’s hard drive when you visit certain web sites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. The “help” portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Remember, though, without cookies, you may not be able to take full advantage of all of the Site features.
No Reliance:
While SRE uses reasonable efforts to obtain information from reliable sources, SRE makes no representations or warranties as to the accuracy, reliability or completeness of any information or document at the Site obtained outside of SRE. Certain information on the Site may contain forward-looking statements, which reflect our views with respect to, among other things, our operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from this indicated in these statements. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “target”, “estimate,” “aim,” “will” or the negative version of these words or similar expressions. SRE undertakes no obligation to update publicly or revise any information on the Site, whether as a result of new information, future developments or otherwise. Opinions and any other Contents at the Site are subject to change without notice.
SRE is not utilizing the Site to provide investment or other advice, and no information or material at the Site is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. In addition, no information, Content or other materials contained on the Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. Any transactions listed on the Site are included as representative transactions and are not necessarily reflective of overall performance. SRE does not advise on the tax consequences of any investment.
Past Performance:
Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Third Party Content and Linked Sites:
References on this Site to any names, marks, products or services of third parties who may or may not be affiliated with SRE, or hypertext links to third party sites or information or Content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties, nor the Content of any third party sites, and do not make any representations regarding third party materials or services, or the Content or accuracy of any material on such third party sites. Nor have we independently verified the content of any such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. You are advised to review the terms of use and privacy policies of any website that you visit.
Warning Regarding Third Party Fraud:
Our name, brands and reputation may be misused by imposters and frauds publishing fake web sites and engaging in “phishing” scams seeking personal or confidential information.
When communicating with SRE through digital media, please:
- Confirm you are visiting a SRE authorized web site.
- Do not communicate or deal with personnel who are not affiliated with an authorized office.
- Any communications to SRE should be sent to the contact information provided in the “Contact Us” section of the Site. You are responsible for any content that you post on the Site or submit to us via contact forms on the Site, email or otherwise, including your feedback, comments, questions, ideas, suggestions, survey responses or other information or materials (“User Materials”). By submitting any User Materials, you hereby grant to SRE an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, display, reproduce, publish, transmit, store, modify and create derivative works of your User Material. You agree that you will not submit to SRE any information considered to be confidential or proprietary. You hereby represent and warrant that any User Materials and Feedback you submit to us is either your original content or that you have obtained all necessary rights to your User Materials, including the right to authorize us to use your User Materials as set forth in these Terms and Conditions of Use.
- Do not send e-mails to anyone with an address other than authorized SRE e-mail addresses.
Representations and Warranties:
You represent and warrant that: (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms and Conditions of Use; (ii) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms and Conditions of Use; and (iii) you will not delete any Content.
Other
If any provision of these Terms and Conditions of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with the Privacy Policy and other posted policies on the Sites, together represent the entire agreement between SRE, on the one hand, and you, on the other, relating to the subject matter hereof. We may assign the Sites and our rights and duties under these Terms, the Privacy Policy and other posted policies in connection with any reorganization, change of control or asset sale in our sole discretion. No course of conduct or trade practice will be deemed to modify these Terms and Conditions of Use in any respect. No waiver by SRE of any right under or term or provision of these Terms and Conditions of Use will be deemed a waiver of any other right, term or provision of these Terms and Conditions of Use at that time or a waiver of that or any other right, term or provision of these Terms and Conditions of Use at any other time.
Indemnification
You agree to defend, indemnify and hold SRE and their affiliated directors, officers, members, partners, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from (i) your use of the Site and Content, (ii) your User Materials, or (iii) your breach or violation of law or these Terms and Conditions of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.
Applicable Law
SRE operates the Site from its facilities in California in the United States of America. Use of Site Sites and Content of the Site, all interactions arising from use of the Site, and these Terms and Conditions of Use, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the state of California in the United States of America, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. All disputes will be resolved by a state or federal court situated within the county of Los Angeles in the state of California, and each user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The prevailing party in any such court proceeding shall be awarded its costs and expenses as part of the judgment against the non-prevailing party. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.