TERMS OF USE
The ‘Terms of Use’ were last modified on 3/28/2017.
PLEASE READ BEFORE CONTINUING: DO NOT PROCEED FURTHER OR ENGAGE WITH US UNLESS TERMS OF USE ARE ACCEPTABLE TO YOU.
Avichi is pleased to provide you with the information on Avichi website. Your use of Avichi website is subject to the following Terms of Access and Usage (“Terms of Use”).
These Terms are a binding contract between you and Avichi Holdings LLC (Avichi). By using or accessing Avichi website, you accept and agree to be bound by these Terms. Your use of Avichi website is governed by the version of the Terms in effect on the date Avichi website is accessed by you. Avichi may modify these Terms at any time and without prior notice. You should review the most current version of this document by visiting http://www.avichiholdings.com and clicking on the ‘Terms of Use’ hyperlink located at the bottom of the page. These Terms are in addition to any other agreements between you and Avichi, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on Avichi website.
USE OF AVICHI WEBSITE
Avichi website is intended only for your personal, non-commercial use, unless you and Avichi has agreed otherwise in writing.
INSTITUTIONAL INVESTOR
For purposes of Avichi website, the term “Institutional Investor” includes but is not limited to sophisticated non-retail investors such as registered investment companies, investment advisers, plan sponsors, endowments, foundations, governmental entities, and high net worth natural persons. Certain products and investment services may only be offered to Institutional Investors which are also accredited investors and/or qualified purchasers as those terms are currently defined by the U.S. federal securities laws.
INFORMATION FOR NON-U.S. INVESTORS
Avichi website is intended to be made available only to current and prospective INSTITUTIONAL INVESTORS residing in the United States. Nothing on Avichi website shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE; NO OFFER TO BUY OR SELL ANY SECURITIES.
Generally, Avichi website is not intended to provide tax, legal, insurance or investment advice, and nothing on Avichi website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Avichi or any third party. Avichi does not provide legal or tax advice and we encourage you to consult your own lawyer, accountant or other advisor before making an investment.
COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS
Avichi website is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in Avichi website, including any text, graphics, video, audio, software code, user interface design or logos.
Unless you and Avichi has agreed otherwise, links from another website to Avichi website must resolve to the top-level homepage of Avichi domain (e.g., www.avichiholdings.com).
In order to avoid confusion if you do link from another website to Avichi top-level homepage, your website, and the link itself, may not suggest that Avichi endorses, sponsors or is affiliated with any non- Avichi website, entity, service or product, and may not make use of any Avichi trademarks or service marks other than those contained within the text of the link.
All trademarks and service marks on Avichi website belong to Avichi Holdings LLC., except third-party trademarks and service marks, which are the property of their respective owners.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Avichi with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works; An identification of the allegedly infringing material, and a description of where that material is located on Avichi website; Your address, telephone number, and email address; A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner. Avichi Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Avichi Holdings LLC., 2121 Lohmans Crossing Road, Ste. 504-209, Austin, Texas 78734
By phone: 248-470-3670
By email: info@avichihodings.com
THIRD PARTY CONTENT AND SITES
Avichi website includes general news and information, commentary, research reports and data concerning the commercial real estate financial markets and other subjects. Some of that content is supplied by companies that are not affiliated with Avichi (“Third Party Content”). Most Third Party Content is available through framed areas or through hyperlinks to third party websites, and its source is clearly and prominently identified.
Although Third Party Content may be framed-in on Avichi website or available through a link to a third-party site, Avichi does not prepare, edit, or endorse Third Party Content. Avichi therefore does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. You will use Third Party Content only at your own risk.
TIMELINESS OF CONTENT
All content on the website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
PROHIBITED USES
Because all servers have limited capacity and are used by many people, do not use Avichi website in any manner that could damage or overburden any of Avichi or its affiliates’ server, or any network connected to any of Avichi or its affiliates’ server. Do not use Avichi website in any manner that would interfere with any other party’s use of Avichi website.
MEANS OF ACCESS
Avichi website is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access Avichi website, be aware that Avichi website may not appear accurately through other access methods, and you use them only at your own risk.
You should not access Avichi website through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Avichi.
Certain parts of Avichi website are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of Avichi website, or to any other protected materials or information, through any means not intentionally made available by Avichi for your specific use.
PASSWORD SECURITY AND NOTIFICATION
If you have a Personal Identification Number (PIN) for access to non-public areas of Avichi website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take steps to protect the confidentiality of your PIN. Notify Avichi immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.
DISCLAIMER OF WARRANTIES AVICHI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT AVICHI WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AVICHI WEBSITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND AVICHI DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. AVICHI DOES NOT WARRANT THAT AVICHI WEBSITE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. AVICHI ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF AVICHI WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH AVICHI WEBSITE WILL MEET YOUR EXPECTATIONS. THIS PROVISION MAY NOT APPLY TO PARTICIPANTS IN CERTAIN EMPLOYER-SPONSORED WORKPLACE SAVINGS PLANS. LIMITATION OF LIABILITY AVICHI WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF AVICHI WEBSITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF AVICHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. AVICHI WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH AVICHI DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS AVICHIWEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
As a condition of your use of Avichi website, you agree to indemnify and hold Avichi and its third party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of Avichi website, or from your violation of these Terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
CHANGES TO AVICHI WEBSITE
Unless otherwise agreed, Avichi may discontinue or modify Avichi website at any time without prior notice to you, and you accept those modifications if you continue to use Avichi website.
TERMINATION
Avichi may terminate your access to Avichi website for any reason, without prior notice.
GOVERNING LAW
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the State of Texas, without regard to conflicts of law, and shall inure to the benefit of Avichi’s successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
SEVERABILITY
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.