Terms of Use

 
Sunbelt Development & Realty Partners and its affiliates (collectively, “Sunbelt”) created this web site (the “Site”) to provide information about Sunbelt and its affiliates and methodology utilized by Sunbelt (given without warranty). By using the Site, you agree to be bound by the following terms and conditions concerning your use of the Site (“Terms of Use”). We may revise the Terms of Use and/or our Privacy Policy at any time without prior notice to you, by posting a revised Terms of Use on the Site. You should review the Terms of Use and the Privacy Policy from time-to-time to learn of any changes.

1. Information Contained in the Site

Neither this site, nor any material contained or referenced herein, can be relied on to make business, financial or other predictions or representations and all such materials are present without warranty. Disclaimers and/or limitations of documents compiled or accessible through the Site apply to the Site’s users. Sunbelt is not liable for any action or inaction of the Site’s users based upon information found in or accessed through the Site. Sunbelt assumes no liability or responsibility for any errors or omissions in the content of the Site.

The information shown, attached or contained in the Site is believed accurate but is not warranted or guaranteed, and is subject to errors, omissions and changes without notice and should be independently verified.

2. Communication and Activities on the Site

You agree not to upload, email, post, publish or otherwise transmit through the Site any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited advertisement, solicitation, bulk e-mail, “junk mail,” “spam” or chain letters; or (g) violates any applicable laws or regulations. You will not disrupt the functioning of the Site or otherwise act in a way that interferes with other’s use of the Site.

Sunbelt is not responsible for technical, hardware or software failure of any kind; lost or unavailable network connections; incomplete or garbled computer transmissions. Under no circumstances will Sunbelt be liable for any damages or injuries that result from the use of materials on this Site.

3. User Names, Passwords & Account Access

If you use any part of the Site that requires a user name or password, you will be responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your user information, accounts and/or passwords are compromised in any manner, you should notify Sunbelt immediately. Sunbelt reserves the right, without the imposition of a duty, to take any and all action or inaction, as it deems necessary or reasonable, to ensure the security of its sites and your accessibility, including without limitation terminating your access, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, Sunbelt may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Sunbelt be held liable to you for any liabilities or damages resulting from or arising out of:

a. any action or inaction of Sunbelt under this provision;
b. any compromise of the confidentiality of your user information, accounts or password; and
c. any unauthorized access to your accounts or use of your password.

Any unauthorized use of our sites will terminate your permission to utilize the Site and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

4. Third Party Web Sites, Content, Products and Services

The Site may provide links to Web sites and access to content, products and services from third parties, including but not limited to vendors, other real estate entities, users, advertisers, affiliates and sponsors of the Site. You agree that Sunbelt is not responsible for the availability of, and content provided on, any third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Sunbelt is not responsible for third party content accessible through the Site, including but not limited to opinions, advice, projections, estimates, statements and advertisements, and understand that you bear all risks associated with the use of such content. You agree that Sunbelt is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

You are urged to independently research the accuracy of any information provided by Sunbelt or from any third party contained in or accessible through the Site. The use of materials not owned by Sunbelt displayed on the Site may infringe third party rights and it is the responsibility of the user to verify if use is allowed.

Sunbelt does not want to receive confidential or proprietary information from you through our Web site. Except for personally identifiable information as set forth in our Privacy Policy below, any information or material sent to Sunbelt will be deemed NOT to be confidential. By sending any information or material to Sunbelt, you grant Sunbelt an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Sunbelt is free to use any ideas, concepts, know-how or techniques that you send for any purpose.

5. Disclaimer

THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUNBELT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUNBELT DOES NOT MAKE ANY WARRANTY THAT: (A) THE SITE, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITE, PRODUCTS OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Any content, materials, or information downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. Sunbelt shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information, software, computer viruses, or the use of the Site, products or services in any manner. In addition, Sunbelt shall have no responsibility for any damages resulting from unauthorized access or use by anyone of any information or data put on the Site by you.

Sunbelt reserves the right to make changes or updates to the Site, products or services at any time without notice.

Sunbelt and any of its affiliated entities shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the sites or any features thereof, (3) your use of the Site, or (4) the content contained on the Site.

Sunbelt also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from this Site.

All materials and information of every nature on the Site is subject to change or cancellation (in whole or in part) without notice. Nothing contained in the Site, nor any communication made in connection with the Site, constitutes any form of a guarantee, representation or warranty that the information is accurate or reliable.

6. Not an Offer or Solicitation.

The contents of the Site constitute neither an offer to sell nor a solicitation of an offer to invest in any investment entity or securities. Affiliates of Sunbelt only conduct private placements to qualified investors and in such instances relies on an exemption from registration with federal and state securities commissions. No state or federal agency approves or in any way endorses such private placements.

7. Limitation of Liability

In no event shall Sunbelt be liable for any indirect, incidental, special, punitive or consequential damages, or damages for loss of profits, revenue, data or use, or unauthorized access or use by anyone of any information or data put on the Site by you, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Site, products or services.

You are responsible for complying with all local, state and federal laws and regulations, whether general or specific to your use of the Site.

8. Privacy Policy and Confidentiality

Sunbelt is concerned about your privacy and has developed this policy to address privacy concerns. Sunbelt will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

If you send Sunbelt personal correspondence, such as e-mails or letters, we may keep a record of that correspondence. We may also periodically ask users for feedback that we use to improve our service and products. If you respond to these requests, we may keep a record of your response. If you provide Sunbelt with your contact information, you hereby consent to Sunbelt or its affiliates contacting you.

Sunbelt may share, on a confidential basis, any or all information gathered from you with potential acquisition (of the company or its assets) or merger partners, strategic partners, equity investors, lenders, partners, agents, affiliates and contractors, third parties providing services to Sunbelt and/or other companies with whom Sunbelt may integrate its business operations. Should Sunbelt enter into a merger or be acquired, or enter into a strategic partnership or other such third party relationship, the third party will have access to and the ability to use all information gathered from you under the same limitations and protections set forth in the Terms of Use.

You may be able to access or connect with third parties on the Site. We are not responsible for your relationship with any third party accessed through the Site, nor how that third party collects or uses your information.

9. Note About Children

Do not allow minors to submit any personal information to Sunbelt, through this Site or otherwise.

10. Copyright/Trademark Information

Copyright 2009 Sunbelt Development & Realty Partners, LLC. All rights reserved. Unless otherwise noted, everything contained or accessed through the Site, including but not limited to all of the products, services and all documentation, electronic or printed, is copyrighted and may not be used without Sunbelt’s written permission. All rights to all intellectual property contained in the Site, including all company names and design logos, are reserved.

11. Contact Information

If you have any questions regarding these Terms of Use, our Privacy Policy or any other issue, please contact us through the contact page.

12. General Terms and Applicable Laws

Sunbelt’s failure to enforce any right under the Terms of Use will not waive that right. If any provision of the Terms of Use is invalid, the Terms of Use should be interpreted such that the remaining provisions will stay in effect and to as closely approximate the provision as permitted by law. You must file any claim or suit related to the Site or your use of any product or service, within one year after the claim arises. All matters relating to your use of the Site and any product or service shall be governed by Nevada law, or if superseded, by U.S. federal law, without regard to the conflict of law rules. Any legal action relating to your use of the Site or any product or service shall be instituted in a state or federal court in Clark County, Nevada, with the prevailing party entitled to reasonable attorneys’ fees and costs. You and Sunbelt agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action. By agreeing to these Terms of Use, you are representing to us that you as an individual have the authority to bind the business by which you are employed to these Terms of Use.

13. Equitable Relief

You acknowledge that any violation of this Terms of Use shall cause irreparable injury to Sunbelt, which damage may be difficult to calculate, and shall entitle Sunbelt to extraordinary and equitable relief, including but not limited to temporary restraining orders and preliminary and permanent injunctions, waiving (where you are permitted to do so) any requirement for the posting of a bond or security.

Modified November 27, 2009