This web site, and the information, content and services it makes available (which, collectively are referred to as the “Web Site”), is provided to you by Bluerock, a Maryland corporation, and its affiliates, subsidiaries and related entities (“BRG” or “we” or “us”). These Terms and Conditions of Use (“Terms”) set forth the terms and conditions governing your use of the Web Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, AS THEY GOVERN YOUR USE OF THE WEB SITE AND YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING THIS WEB SITE YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS, DO NOT USE THE WEB SITE.
MODIFICATIONS TO THESE TERMS
We may make changes to these Terms from time to time in our sole discretion, by updating and posting the revised Terms on this Web Site, and specifying the effective date of the new version of the Terms. Your use of the Web Site following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, when you visit this Web Site you should periodically check to see if a new version of these Terms has been posted.
In addition to these Terms, we may also post additional terms and conditions (“Additional Terms”) that apply to certain services or features we offer on this Web Site (such as payment services, sweepstakes, contests, message boards, chat rooms, blogs, etc.), and you will be subject to such additional guidelines when you access these services or features. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state that these Terms will control.
WEB SITE CONTENT
This Web Site contains or may contain a variety of information and content, including: (1) copyrighted material, such as information, text, graphics, photographs, illustrations, floor plans, maps, images, video and audio clips, sound clips, advertising and promotional materials, data, software, compilations, designs, graphical interface, and overall “look and feel,” (2) trademarks, logos, trade names, service marks, and trade identities, whether registered or unregistered (collectively the “Trademarks”), and (3) other forms of information and intellectual property (all of the foregoing collectively and individually are referred to as “Content”).
Ownership: All right, title, and interest in and to the Content available via the Web Site is the property of BRG or its licensors, and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws. You may not copy or otherwise use any of the Content except as expressly authorized by these Terms.
Accuracy: While we strive to keep the Content that we post on the Web Site accurate, complete, and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content on this Web Site is accurate, complete, timely or applicable to you.
SCOPE OF USE
You agree to use the Web Site solely for lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Web Site. We grant you a nonexclusive, nontransferable, revocable, limited license to view, download, copy, and print Content retrieved from the Web Site only for your personal use. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content available via the Web Site in any other manner or for any other purpose without the prior express written permission of BRG. Any unauthorized use of any Content from the Web Site may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.
REGISTRATION AND ACCURACY OF INFORMATION YOU PROVIDE
Should areas of the Web Site require registration or otherwise ask you to provide information to participate in certain features to access certain Content, or to obtain certain services, the decision to register and provide this information is purely voluntary and optional. However, if you elect not to register or provide such information, you may not be able to utilize such portions of the Web Site. If you register with the Web Site, you agree to provide true, accurate, current, and complete information about yourself, and where required, to maintain and update it promptly to keep it true, accurate, current and complete.
CONTROLLED ACCESS OBLIGATIONS
If any portion of the Web Site restricts access and requires the use of a User ID and password, your access to and use of such restricted access portion is subject to the following terms:
You agree to use such portions of the Web Site only with the User ID and password assigned to you or associated with your registration, and that you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to the Web Site.
You are responsible for maintaining the confidentiality of your User ID and password, and for restricting access to your computer, or other device you use to connect to the Web Site, so that others may not access the Web Site using your User ID and password. You agree to immediately notify us of any compromise or unauthorized use of your User ID or password or any other breach of security.
You agree to accept responsibility for all activities that occur under your User ID and associated password until such time as you notify us that your user ID and password have been compromised or otherwise request that we cancel your account. We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.
LINKS TO OTHER SITES
The Web Site may provide links to other web sites and/or resources (including advertisements) that we do not maintain or which are not under our control (“Third Party Web Sites”). Your dealings with such Third Party Web Sites are solely between you and such third parties. We are not responsible for, and we make no representations or warranties with respect to, the content, products, services, personal information practices, ownership, or legality of any such linked Third Party Web Site unless expressly stated by us. Your use of such Third Party Web Sites is subject to the terms and conditions established by such third parties, and we encourage you to review their user terms and privacy policies before you use their services. Your access to and use of such Third Party Web Sites is solely at your own risk, and you agree that we will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Web Sites.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE WEB SITE AND ALL CONTENT ON IT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRG EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT BRG IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES OR DAMAGES DUE TO LOST PROFITS), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, EVEN IF BRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL BRG BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN $10.
MODIFICATION OR SUSPENSION OF THE WEB SITE OR ACCESS
BRG reserves the right, in its sole discretion, to modify or discontinue the Web Site, or any portion of the Web Site, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to the entire Web Site or any portion of the Web Site.
Any violation of these Terms (as determined by BRG in its sole discretion) may result in restriction or termination of your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of BRG.
These Terms shall be governed by the laws of the State of New York, the United States of America and international copyright laws. You agree to submit to the jurisdiction of the federal and state courts in the State New York for any and all disputes, claims and actions arising out of or in connection with the information provided to you herein.
Any forward-looking statements contained on the Web Site are intended to be made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. The words “believes,” “expects” and “anticipates” and other similar expressions which are predictions of or indicate future events and trends and which do not relate solely to historical matters identify forward-looking statements. Such forward-looking statements are subject to risk and uncertainties, which could cause actual results, performance, or achievements of BRG to differ materially from anticipated future results, performance or achievements expressed or implied by such forward-looking statements. Users are cautioned not to place undue reliance on these forward-looking statements. Some of the risks and uncertainties which may cause the actual results to differ from those projected by such forward looking statements are discussed under the heading “Risk Factors” in our Annual Report on Form 10-K which may be accessed on the internet at www.sec.gov or through the Web Site. Many of these uncertainties and risks are difficult to predict and beyond management’s control. Forward-looking statements are not guarantees of future performance, results or events. BRG assumes no obligation to update or supplement forward-looking statements that become untrue because of subsequent events.
If you have any questions or concerns with respect to these Terms or the Web Site you may contact us.