1. Binding Agreement
Use of this Site is available only to those users who are in compliance and agreement with these terms and conditions of use as well as the other terms and conditions referenced elsewhere on this Site. Please note that by accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.
2. License and Site Access
Subject to these terms and conditions and all applicable laws and regulations, Peregrine Realty Partners grants you a non-exclusive, non-transferable, personal, limited license to download, access, view, use and display this Site and the Uniform Resource Locators (URLs), text, graphics, content, information, audio, video and other services (the “Materials”), which Peregrine Realty Partners makes available to you from time to time on the terms and conditions set forth in this Agreement. This authorization is not a transfer of title to the Site or the Materials contained herein, or any part, and any downloading, modification, reproduction, copying, publication or redistribution for commercial purposes of any information or Materials or design elements of the Site is strictly prohibited without the prior written consent of Peregrine Realty Partners. Requests for permission to reproduce any information contained on this Site should be addressed to Peregrine Realty Partners.
Notwithstanding the above, Peregrine Realty Partners authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, Site marks, and other proprietary notices and legends contained on the Site.
This license does not include the right to modify this Site, or any portion of it, except with the express written consent of Peregrine Realty Partners. Any resale or commercial use of this Site or the Materials; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; any sending of unsolicited e-mail, including promotions and/or advertising of products or services; any submission of a virus to the Site, overloading, flooding, mail bombing or crashing; any use of data mining, robots, or similar data gathering and extraction rules; or any other form of hacking, interference, spamming, sabotage or manipulation is prohibited.
You agree to all additional restrictions displayed on the Site as it may be updated from time to time. You agree to use this Site for lawful purposes only, and shall not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable.
Peregrine Realty Partners reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to prosecution of users in violation of these terms and conditions.
You have no ownership rights in the Site or in the Materials. Rather, you have a license to download, access, view, use and display this Site and the Materials as long as this Agreement remains in full force and effect. Unless otherwise noted, ownership of the Site and the Materials and all intellectual property rights therein shall remain at all times with Peregrine Realty Partners or their respective owners.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES OR OTHER TERMS, MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES AND, IN SUCH INSTANCES, Peregrine Realty Partners’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. Peregrine Realty Partners DOES NOT WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OR OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
Peregrine Realty Partners DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS. Peregrine Realty Partners DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE (INCLUDING ANY BULLETIN BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. Peregrine Realty Partners RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. Peregrine Realty Partners MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
5. Links to Affiliate or Third-Party Sites
Peregrine Realty Partners may provide on this Site, solely as a convenience to its users, links to web sites operated by our affiliates or other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Peregrine Realty Partners does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Peregrine Realty Partners is affiliated or associated with the linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is affiliated or associated with Peregrine Realty Partners or is authorized to use any trademark, trade name, logo or copyright symbol of Peregrine Realty Partners.
6. Third-Party Content
Any information, statements, opinions, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not Peregrine Realty Partners. Such information and the like may be updated from time to time directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.
7. Deep Linking and Framing
To the extent allowed by applicable law, you are prohibited from reproducing or “framing” the Site, Materials, or any part thereof, pages or content provided by Peregrine Realty Partners or its affiliates, without express approval in writing from Peregrine Realty Partners, which may be obtained by contacting us at the address provided under [“contact us”] on this Site . All links from any third-party site (“External Site”) to this Site also require express approval in writing from Peregrine Realty Partners, which may be obtained by contacting us at the address provided under [“contact us”] on this Site. Peregrine Realty Partners approves only the following links without further written approval: (a) text-only links which contain only the name of Peregrine Realty Partners and (b) links to only the Home Page on this Site and not to any other page which links open a fully operational, navigable browser window. In no case does Peregrine Realty Partners approve any frames or links which, by their appearance, content, position or otherwise, create the false impression that Peregrine Realty Partners sponsors, endorses or is associated with the entity operating the External Site or the products or services offered by the External Site operator. In no case does Peregrine Realty Partners approve any frames or links which Peregrine Realty Partners believes damage or impair the goodwill associated with the name, logos, trademarks, service marks, copyrights or tradenames of Peregrine Realty Partners or its affiliates. Peregrine Realty Partners reserves the right to revoke its approval to frame or link or change the terms or conditions of its approval to frame or link at any time in its sole discretion.
8. Information Provided by You
Peregrine Realty Partners does not want you to, and you should not, send any confidential, personal or proprietary information to Peregrine Realty Partners through this Site unless specifically requested by Peregrine Realty Partners. Please note that any unsolicited information or material sent to Peregrine Realty Partners will be deemed not to be confidential or proprietary. By submitting information and material to this Site, you grant to Peregrine Realty Partners (or warrant that the owner of such information and material has expressly granted to Peregrine Realty Partners) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Peregrine Realty Partners is free to use any ideas, concepts, know-how or techniques that you send to either of them for any purpose.
Peregrine Realty Partners does not want to receive, and you are deemed to agree through the use of this Site not to provide, any information or materials to Peregrine Realty Partners that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. If you provide any such information, it is agreed that you are solely responsible and liable for any damages or other harm resulting from such submission.
You shall not upload, post or otherwise make available on this Site any information and material protected by copyright, database right, patent, trademark, trade secret or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of such proprietary rights, or any other harm resulting from such a submission.
9. Notice of Copyright Infringement
We respect the intellectual property of others, and we ask our users to do the same. To the extent that you have provided any work and if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that Peregrine Realty Partners may contact you if necessary;
(d) a statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
If Peregrine Realty Partners is notified of any claims of copyright infringement on the Site, it may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the work or material. Peregrine Realty Partners has no liability or responsibility to users for performance or nonperformance of such activities.
10. Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL Peregrine Realty Partners OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Peregrine Realty Partners WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE EXTENT TO WHICH ANY LIABILITY INCLUDING, WITHOUT LIMITATION, COSTS, DAMAGES OR EXPENSES, MAY BE DISCLAIMED, EXCLUDED OR LIMITED SO THE ABOVE EXCLUSION AND LIMITATION OF LIABILITY MAY NOT BE APPLICABLE IN CERTAIN CIRCUMSTANCES AND IN SUCH INSTANCES Peregrine Realty Partners’S LIABILITY IS DISCLAIMED OR LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Peregrine Realty Partners SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
11. Purchase or License of Products or Services
If the purchase or licensing of products or services is available on this Site and you seek to make a purchase or establish a license through this Site, the obligations and responsibilities of Peregrine Realty Partners regarding its products and services, if any, are governed solely by the terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available directly from Peregrine Realty Partners or, as the case may be, from the supplier of such license, products or services.
The Site and the Materials are subject to change without notice, but Peregrine Realty Partners has no responsibility to update any Materials or information on this Site. Peregrine Realty Partners reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site. Any use of the Site after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. Because they will be binding on you, you should revisit these terms from time to time. Peregrine Realty Partners may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Peregrine Realty Partners may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability.
This Agreement and the licenses granted herein will terminate automatically and without notice if you fail to comply with any term or condition of this Agreement; provided, however, that all provisions relating to disclaimers, limitation of liability, copyright, database right, patent, trademarks, trade secrets and other proprietary rights of Peregrine Realty Partners shall survive the termination of this Agreement.
14. International Users and Export Restrictions
This Site is administered by Peregrine Realty Partners from its offices within the United States. Peregrine Realty Partners does not make any representation that all products, services or programs, if any, are available in your country or that materials published at this Site are appropriate or legally available for use at locations outside of the United States. Access to such materials from territories where their contents are illegal is prohibited. You may not use the Site or transfer, download, publish, export or use any information or materials in violation of U.S. laws and regulations, including those relating to export controls. These terms and conditions are expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of the Materials or information about the Materials that may be imposed from time to time by the government of the United States. The United States Export Control Laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported into (or to a national or resident of) any country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Peregrine Realty Partners does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws. You shall not export the Materials or information about the Materials without the consent of Peregrine Realty Partners and compliance with such laws, regulations, orders or other restrictions. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws. By your use of this Site, you represent and warrant to Peregrine Realty Partners that you are in compliance with all laws applicable to your use of this Site.
15. Choice of Law and Forum
These terms and conditions of use and any dispute between you and Peregrine Realty Partners arising out of or related to this Agreement or your use of this Site (the “Disputes”) shall be construed, interpreted and governed by the laws of [Delaware], without giving effect to its conflict of laws provisions. The state and federal courts located in [Delaware], U.S.A., shall have exclusive jurisdiction and be the exclusive venue for the Disputes and you consent to the personal and exclusive jurisdiction and venue of these courts in connection with the Disputes. [You must commence any claim or cause of action that you may have with respect to the Disputes by filing only in these courts within two (2) years after the claim or cause of action arises.]
16. Entire Agreement
These terms and conditions shall constitute the entire agreement between Peregrine Realty Partners and you and supersedes any previous oral, written or electronic communications or documents with respect to the subject matter herein. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Site, including all information and Materials contained in it, are copyrighted and protected by worldwide copyright, database right, trademark and other laws and treaty provisions. You agree to comply with all copyright, database right, trademark and other laws worldwide in your use of this Site and to prevent any copying, reproduction, modification, distribution, displaying, publications, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, Peregrine Realty Partners does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of Peregrine Realty Partners or of any third party.
18. Copyright Notice
All Site design, text, graphics, Materials and the selection and arrangement thereof, are the property of Peregrine Realty Partners.
19. Trademark and Site Mark Rights
All rights in the product names, company names, trademarks, trade names, Site marks, logos, domain names, product packaging and designs of Peregrine Realty Partners or third party products or web sites (“Company Marks”), whether or not appearing in large print or with the trademark symbol, belong exclusively to Peregrine Realty Partners or their respective owners and are protected under national and international trademark and copyright laws. Users are not permitted to use Peregrine Realty Partners Marks without the prior express written consent of the owner of such mark.
20. Transfer Restrictions
You shall not sublicense, transfer or assign this Agreement or any of the rights or licenses granted under this Agreement. Any attempted transfer in violation of the foregoing is void.