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Welcome to the TenantWise Web site (the "Site") These terms and
conditions of use ("Site Terms") apply exclusively to your access to, and
use of, the Site so please read them carefully. They do not alter in any way
the terms or conditions of any other agreement you may have with TenantWise
("TenantWise") for other products or services. TenantWise reserves the
right, in its sole discretion to change or modify any of the terms and
conditions contained in the Site Terms or any policy or guideline of the
Site, at any time. Any changes or modification will be effective upon
posting of the revisions on the Site. Your continued use of this Site
following the posting of its changes or modifications will constitute your
acceptance of such changes or modifications. By accessing, browsing, and
using this Site, you agree to be bound by the terms and conditions described
below and all policies and guidelines incorporated by reference. IF YOU DO
NOT AGREE TO these Site Terms OR ANY SUBSEQUENT MODIFICATION, do not access,
browse or otherwise use this site. All questions, inquiries or comments
about the Site or its contents should be directed to webmaster@TenantWise
Your License to Access TenantWise
Subject to the terms outlined below, TenantWise grants you a limited license
to make use only of the Site for your real estate leasing requirements, and
for no other commercial use. Such grant does not include, without limitation
(a) any resale or commercial use (other than for your real estate leasing
requirements) of the Site or content therein; (b) making derivative uses of
the Site or its contents; or (c) use of any data mining, robots, or similar
data gathering and extraction methods. Except as expressly stated in these
Site Terms, you are not conveyed any right or license by implication,
estoppel, or otherwise in or under any patent, trademark, trade secret,
copyright, or other proprietary right of TenantWise or any third party.
Elements of the Site, including page headers, custom graphics, logos,
sounds, images and button icons, are protected by trademark, copyright and
other laws and may not be copies or imitated in whole or in part. No logo,
graphic, sound, image or other element from the Site may be copied,
reproduced, redistributed or retransmitted unless expressly permitted by
TenantWise, in writing. You may not use, frame or utilize framing techniques
to enclose any TenantWise trademark, logo or other proprietary information
(including, but not limited to the images found at this Site, the content of
any text or the layout/design of any page or form contained on a page)
without TenantWise's express written consent. Further, you may not use any
metatags or any other "hidden text" utilizing a TenantWise name, trademark,
or product name without TenantWise's express written consent. Any
unauthorized use of this Site will terminate the permission or license
granted by these Site Terms and may violate applicable law including
copyright laws, trademark laws, and communications regulations and statutes.
All violations will be prosecuted to the fullest extent of the law.
Copyright Notice
All copyrighted and copyrightable materials on this Site, including, without
limitation, the TenantWise logo, design, text, video, forms, photographs,
software, graphics, pictures, sound files and other files (the "Materials")
and the selection and arrangement thereof are copyright © 2000 TenantWise,
and/or its suppliers. ALL RIGHTS RESERVED. Except as stated herein, none of
the Materials may be copied, reproduced, broadcast, rented, sold, edited,
manipulated, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of TenantWise or the respective copyright owner.
Permission is granted to display, copy, distribute and download the
Materials on this Site for personal, non-commercial (other than for your
real estate leasing needs), and informational use only; provided that, you
may not without the permission of TenantWise or the respective copyright
owner, alter the Materials nor display the Materials without the copyright
notice, any proprietary notice, and this Notice to so display the Materials.
Trademark Protection
TenantWise, the TenantWise logo, all other trademarks, service marks and
trade names of TenantWise and its suppliers and the products and services
described in this Site are the trademarks or registered trademarks of
TenantWise and/or its supplies and licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written permission
of TenantWise or its suppliers or licensors. Also, page headers, custom
graphics, button icons, and scripts are service marks, trademarks, and/or
trade address TenantWise, and may not be copied, imitated, or used, in whole
or in part, without the prior written permission of TenantWise. All other
trademarks, registered trademarks, product names mentioned herein are the
property of their respective owners.
Links to Third-Party Sites
The links throughout the Site will let you leave TenantWise. These linked
sites are provided as a courtesy only and are not under the control of
TenantWise. TenantWise is therefore not responsible for the contents of any
linked site or any link contained in any linked site, or any changes or
updates to any such sites. TenantWise is providing these links to you merely
as a convenience, and the inclusion of any link does not imply the
endorsement of that link, or links contained therein, by TenantWise. When
leaving the TenantWise site, you should be aware that TenantWise's terms and
policies no longer govern (even if the TenantWise log, banner or tool bar is
still visible on the screen), and, therefore, you should review the
applicable terms and policies, including privacy and data gathering
practices, of that other site.
Materials You Submit
You agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or creative
materials or other information, provided by you in the form of e-mail or
submission to TenantWise, or posting to open forums on this Site, are
non-confidential and shall become the sole property of TenantWise.
TenantWise shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use of these materials for
any purpose, commercial or otherwise, without acknowledgment or compensation
to you. The submission of any materials to TenantWise, including the posting
of materials to any forum or interactive area, irrevocably waives any and
all "moral rights" in such materials, including the rights of paternity and
integrity.
Conduct in Interactive Areas
This Site may include discussion forums or other interactive areas,
including chat rooms or bulletin boards. Forums and interactive areas shall
be used only for non-commercial purposes. By using any forum or interactive
areas, you agree not to do any of the following: 1) Upload to, distribute or
otherwise publish through this Site any message, data, information, text,
graphic or other material ("Content") that is unlawful, libelous,
defamatory, obscene, pornographic, indecent, lewd, harassing, threatening,
harmful, invasive of privacy or publicity rights, abusive, inflammatory or
otherwise objectionable; 2) Upload or transmit any Content that would
constitute or encourage a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local, state,
national, or international law, including without limitation, the
regulations of the U.S. Securities and Exchange Commission, any rules of any
securities exchange such as the New York Stock Exchange, the American Stock
Exchange, or the NASDAQ; 3) Upload or transmit any Content that may infringe
any patent, trademark, trade secret, copyright or other intellectual or
proprietary right of any party, and by posting any Content, you represent
and warrant that you have the lawful right to distribute and reproduce such
Content; 4) Impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity; and 5) Without TenantWise's written
permission, distribute or publish unsolicited promotions, advertising or
solicitations for funds, goods or services, including junk mail and spam.
TenantWise takes no responsibility and assumes no liability for any Content
posted or unposted by you or any third-party, or for any mistakes,
defamation, slander, libel, omissions, falsehood, obscenity, pornography or
profanity you may encounter. As a provider of interactive services,
TenantWise is not liable for any statements, representations, or Content
provided by its users in any public forum or personal home page.
Monitoring the Site
TenantWise has the right, but not the obligation, to monitor any activity
and Content associated with its forums and interactive areas. TenantWise may
investigate any reported violation of its policies or complaints and take
any action that it deems appropriate. Such action may include,
but is not limited to, issuing warnings, suspension or termination of
service, and/or removal of posted Content. TenantWise reserves the right and
has absolute discretion, to remove, screen or edit any Content that violates
these provisions or is otherwise objectionable. TenantWise also reserves the
right to report any activity that it suspects violates any law or regulation
to appropriate law enforcement officials, regulators, or other third
parties. In order to cooperate with governmental requests, to protect TenantWise's system and customers, or to ensure the integrity and operation
of TenantWise's business and systems, TenantWise may access and disclose any
information it considers necessary or appropriate, including, without
limitation, user profile information (i.e. name, e-mail address, etc.), IP
addressing and traffic information, usage history, and posted Content.
TenantWise's right to disclose any such non-confidential or non-privileged
information in this circumstance shall govern over any terms of TenantWise's
Privacy Policy.
Your Indemnification of TenantWise
You shall remain solely liable for the Content of any messages or other
information you upload or transmit to TenantWise, including the discussion
forums or interactive areas of this Site. You agree that any information you
provided to TenantWise (including but not limited to the existence or
identity of other brokers you have used) shall be true and correct in all
material respects and you agree to indemnify and hold harmless TenantWise
from any claim, action, demand, loss, or damages (including attorney's fees)
made or incurred by any third party arising out of or relating to your
conduct, your violation of these terms and conditions, your violation of any
rights of a third party, or any inaccuracy or misrepresentation made in
information provided to TenantWise.
S.E.C. Disclosure
This Site together with any documents issued by TenantWise and available
through this Site may contain statements which constitute forward-looking
statements within the meaning of the U.S. Private Securities Litigation
Reform Act of 1995. Those statements appear in a number of places in this
Site together with any documents issued by TenantWise and available through
this Site and can be identified by the use of forward-looking terminology
such as "believe," "expect," "plans," "may," "will," "should," "anticipates"
or similar statements or the negative thereof or other variations thereof.
Such forward-looking statements include, without limitation, statements made
as to future operation costs, capital expenditures, cash flow, improvements
in infrastructure, distribution and replenishment systems and operating
efficiencies, sales and earnings estimates or trends and expansion plans and
projections. Such forward-looking statements are based on current
expectations and by their nature involve speculative estimates and
projections. The information contained within any press releases,
commercials and/or other advertisements issued by TenantWise should not be
deemed accurate or current except as of the date the release was posted.
TenantWise had no intention of updating, and specifically disclaims any duty
to update, the information in the press releases. To the extent any
information therein is forward-looking, it is intended to fit within the
safe harbor for forward-looking statements, and is subject to material risk.
TenantWise may provide links to third-party Web sites or services that
contain financial or investment information about TenantWise. Access to such
sites and the information contained therein is provided as service to those
interested in the information. TenantWise neither regularly monitors nor has
control over the content of third parties' statements or Web sites.
Accordingly, TenantWise does not endorse or adopt these sites or any
information contained therein, including, without limitation, analysts'
reports and stock quotes. TenantWise makes no representations or warranties
whatsoever regarding the accuracy or completeness of the content,
information, or opinions of third-party Web sites or other third party
information that is identified on the site. Users visit these sites and use
the information contained therein at their own risk. Those interested in
investing in TenantWise should consult with the materials field with the
SEC.
Disclaimer
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN AS IS BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TENANTWISE.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. TENANTWISE.COM DOES NOT REPRESENT OR WARRANT
THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE. TENANTWISE.COM DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR
ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. TENANTWISE.COM AND ITS VENDORS AND/OR SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE DOCUMENTS AND/OR GRAPHICS DESCRIBED
HEREIN AT ANY TIME. TenantWise reserves the right to change any and all
content contained on this Site at any time without notice. Reference to any
products, services, processes, or other information, by trade name,
trademark, manufacturer, supplier, or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof by TenantWise, unless
specifically so indicated.
Limitation of Liability
IN NO EVENT SHALL TENANTWISE.COM, ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
SUBSIDIARIES, PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY
DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS
OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED
TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THIS SITE OR THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THIS
SITE.
Certain laws do not allow limitations or implied warranties, or the
exclusion or limitation of certain damages. If these laws apply, some or all
of the above disclaimers, exclusions, or limitations, may not apply to you,
and you may have additional rights to those contained herein.
Privacy
TenantWise believes strongly in protecting visitor privacy. Therefore,
TenantWise has adopted a Privacy Policy. You should refer to our Privacy
Policy to fully understand how TenantWise uses and collects information,
security features of the site, and handling of confidential information.
Data Collected and Use Thereof
TenantWise collects and stores various kinds of "personally identifying
information" from users of the Site including personal information (i.e.,
individual and company name, address, e-mail), and may in the future collect
transactional information (i.e., tours taken, leases executed, etc.), or
secure information (i.e., passwords). We also collect "aggregate
information" such as site traffic, page views or impressions. Such aggregate
information is not correlated to you or any other user of the Site.
In addition, we may make use of "cookies." Cookies are small pieces of
information or files that are stored on a user's computer by the Web server
through a user's browser for record keeping purposes. The information can be
retrieved by the same Web server in order to personalize, monitor, or
regulate the use of the site. Cookies allow TenantWise to automate access
and data entry functions of the site such as login information, store
on-line ordering information for purchases a user makes while at the site,
and tailor the site to a user's preferences or interest. In addition,
cookies allow TenantWise to track usage of the site to determine those areas
of the site which are useful or popular and those that are not, thereby
enabling TenantWise to improve and update the Site effectively. Cookies may
not be used to read any information from your computer other than that
information which corresponds to the particular Web site contained in its
cookie. You may adjust your Web browser to either alert you of the use of
cookies or refuse to accept cookies entirely. However, if you elect not to
accept cookies, some parts of the site may not function properly or permit
access. We do not sell, trade, rent or otherwise disclose any personally
identifying information to any third party. We may provide aggregate
information regarding our customers, sales, site traffic, and related site
information to third parties but in no event will we disclose any personally
identifying information. In addition, we may send you information regarding
various products or services that may be of interest to you. In any such
communication, you will be able to "opt out" so as to not receive any
further marketing from TenantWise by following the instructions included in
the communication.
Governing Law
These terms and conditions shall be governed by and construed in accordance
with the laws of the State of New York, applicable to agreements made and
entirely to be performed within the State of New York without resort to its
conflict of law provisions. You agree that any action at law or in equity
arising out of or relating to these terms and conditions shall be filed only
in state or federal court located in New York, New York, and you hereby
irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or proceeding arising out
of these terms and conditions.
Rights of Termination
Notwithstanding any of these terms and conditions, TenantWise reserves the
right, without notice and in its sole discretion, to terminate your license
to use the Site, and to block or prevent future access to and use of the
Site.
Severability of Provisions
If any provision of these Site Terms shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from
these terms and conditions and shall not affect the validity and
enforceability of any remaining provisions.
Consent
By using our Site, you consent to the collection and use of this information
by TenantWise. If we decide to change our privacy policy, we will post those
changes on this page. By continuing to use our site after the posting of any
changes, you agree to those changes.
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