WHAT YOU SHOULD KNOW |
|
Welcome to the Web Site (the "Web Site") for US National 1031 Exchange ("We", "Us", or "Our"). The goal of this Web Site is
to provide you with access to the most comprehensive network of products/services and
related links to meet your needs. Please read our Terms of Use (the "Terms")
carefully before continuing on with your use of this Web Site. These Terms shall govern
the use of the Web Site and apply to all Internet traffic visiting the Web Site. By
accessing or using this Web Site, you agree to the Terms. The Terms are meant to protect
all of our Web Site visitors and your use of this Web Site signifies your agreement with
these Terms.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE
. We reserve the right, in its sole discretion, to modify, alter or otherwise update these
Terms at any time. Such modifications shall be effective immediately upon posting. By using
this Web Site after We have posted notice of such modifications, alterations or updates you
agree to be bound by such revised Terms.
|
PRIVACY POLICY |
|
Registration data and certain other information about you and your customers is subject to
our Privacy Policy. For more information, please review our full
Privacy Policy.
|
| TRADEMARKS, COPYRIGHTS AND RESTRICTIONS |
|
This Web Site is controlled and operated by Us. All content on this Web Site, including,
but not limited to text, images, illustrations, audio clips, and video clips, is protected
by copyrights, trademarks, service marks, and/or other intellectual property rights (which
are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and
publicity laws, and communication regulations and statutes), and are owned and controlled
by Us or Our affiliates, or by Our third party content providers, merchants, sponsors and
licensors (collectively Providers) that have licensed their content or the right to market
their products and/or services to Us. Content on this Web Site or any web site owned,
operated, licensed or controlled by the Providers is solely for your personal,
non-commercial use. You may print a copy of the content and/or information contained herein
for your personal, non-commercial use only, but you may not copy, reproduce, republish,
upload, post, transmit, distribute, and/or exploit the content or information in any
way (including by e-mail or other electronic means) for commercial use without the prior
written consent of Us or the Providers. You may request consent by faxing a request to
Us at
US National 1031 Exchange
856-914-8969
. Without the prior written consent of Us or the Providers, your modification of the
content, use of the content on any other web site or networked computer environment,
or use of the content for any purpose other than personal, non-commercial use, violates
the rights of the owners of the Website and/or the Provider copyrights, trademarks or
service marks and other proprietary rights, and is prohibited. As a condition to your use
of this Web Site, you warrant to Us that you will not use our Web Site for any purpose that
is unlawful or prohibited by these Terms, including without limitation the posting or
transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material. If you violate any of these Terms, your permission to
use our Web Site immediately terminates without the necessity of any notice. We retain
the right to deny access to anyone at our discretion for any reason, including for
violation of these Terms. You may not use on your web site any trademarks, service marks
or copyrighted materials appearing on this Web Site, including but not limited to any logos
or characters, without the express written consent of the owner of the mark or copyright. You
may not frame or otherwise incorporate into another web site any of the content or other
materials on this Web Site without Our prior written consent.
|
| LINKS |
|
This Web Site may contain links that permit you to link to other web sites, that may or may
not be affiliated with this Web Site and/or Us, and that may have terms of use that differ
from, or contain terms in addition to, the terms specified here ("Linked Sites").
The Linked Sites are provided for your convenience and information only and, as such, you
access them at your own risk. The content of any Linked Sites is not under Our control, and
We are not responsible for, and do not endorse, such content, whether or not We are
affiliated with the owners of such Linked Sites. Accordingly, the terms of use and policies
of those Linked Sites, not this Web Site, govern your access to such Linked Sites. You may
not establish a hyperlink to this Web Site or provide any links that state or imply any
sponsorship or endorsement of your web site by Us or Our affiliates or Providers.
|
| DISCLAIMER OF WARRANTIES AND LIABILITY |
|
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS
APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, NOR OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON
INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE
FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY
FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE
RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE
ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
|
|
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT WE) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU
EXPRESSLY AGREE THAT NEITHER WE, NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING ITS
PROVIDERS), NOR ANY OF OUR OR THEIR EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED
IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO
ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL,
PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER
WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY
OTHER LINKED SITE.
|
|
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12
MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. IN SUCH JURISDICTIONS, OUR
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
|
|
BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND RELATED
PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING
FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF
PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER
MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT
LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS
OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
|
|
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE
LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY
SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS
OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF US AND THE PROVIDERS, AND TO
ALL RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
|
| INDEMNIFICATION |
|
You agree to indemnify, defend, and hold harmless Us and the Providers, Our and their
officers, directors, employees, affiliates, agents, licensors, and suppliers from and
against all losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation by you of these Terms.
|
| THIRD PARTY RIGHTS |
|
These Terms are for the benefit of Us and its the Providers, and Our and their officers,
directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals
or entities shall have the right to assert and enforce these Terms directly against you on Our
or their own behalf.
|
| JURISDICTIONAL ISSUES |
|
Unless otherwise specified, the content contained in this Web Site is presented solely for your
convenience and/or information. This Web Site is controlled and operated by Us from Our offices
within New Jersey. We make no representation that content in this Web Site is appropriate or
available for use in other locations. Those who choose to access this Web Site from other
locations do so on their own initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable. You may not use or export the materials in this
Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by,
construed and enforced in accordance with the laws of the State of New Jersey as they are
applied to agreements entered into and to be performed entirely within such State. Any action
you, any third party or We bring to enforce these Terms, or in connection with any matters
related to this Web Site, shall be brought only in either the state or Federal courts located
in New Jersey and you expressly consent to the jurisdiction of said courts. If any provision
of these Terms shall be 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.
|
| ENTIRE AGREEMENT |
|
The provisions and conditions of these Terms, and each obligation referenced herein, represent
the entire Agreement between US National 1031 Exchange, its affiliated or related
entities, and you, and supersede any prior agreements or understandings not incorporated
herein. In the event that any inconsistencies exist between these Terms and any future
published terms of use or understanding, the last published Terms or terms of use or
understanding shall prevail.
|
|
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY US National 1031 Exchange
Effective Date: This policy was last updated in May, 2006 |