Terms of Use -

Acceptance

El Towne LLC (“Company”) extends this website (this “Site”) for your convenience. Please carefully review the subsequent terms and conditions governing the utilization of the Site (these “Terms of Use”). Company reserves the right to modify these Terms of Use at any time without providing specific notification to you. The most current iteration of these Terms of Use will be consistently accessible on the Site, and it is incumbent upon you to examine these Terms of Use each time you access or utilize the Site. By entering or using the Site, you affirmatively signify your acceptance to adhere to and be legally bound by these Terms of Use, as amended from time to time. Furthermore, please be advised that other sections of the Site may contain supplementary and/or divergent terms and conditions of use.

The Site and any embedded website links do not constitute an offer to sell or a solicitation of offers to purchase real property. Offers for the sale of real property may only be made and accepted at the designated sales center for individual communities of Company and Company’s affiliates (collectively, the “Company Family”).

Privacy

Company’s Privacy Policy is hereby incorporated by reference into, and shall constitute an integral part of, these Terms of Use.

Conduct

Responsibility. The Site may feature message boards, personal web pages or profiles, forums, and other interactive functionalities that enable users to post, submit, publish, display, or transmit content or materials to other users or third parties on or through the Site. You bear sole responsibility for all information, images, graphics, data, text, files, links, software, messages, communications, and other materials (collectively, “End User Content”) that you (or any individual using your account) publicly or privately publish, post, distribute, display, disseminate, or otherwise transmit via the Site. All End User Content must conform to the terms and conditions stipulated within these Terms of Use. Company does not undertake to control or necessarily screen or monitor the End User Content posted on the Site and, as such, Company provides no guarantee as to the accuracy, integrity, or quality of such End User Content. Company reserves the unequivocal right, in its sole and absolute discretion, to edit, delete, or record any End User Content appearing on the Site.

By providing any End User Content on the Site, you hereby grant to the Company and the Company Family a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such End User Content, in all media now known or hereafter devised, in accordance with your account settings. You irrevocably waive all rights to assert any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, intellectual property rights, moral rights, and rights of attribution in connection with such End User Content.

Company shall not be responsible or liable to any third party for the content or accuracy of any End User Content posted by you or any other user of the Site. You acknowledge and understand that accessing or using the Site may expose you to End User Content that you may find offensive, indecent, or objectionable.

Prohibited Acts. In connection with your access to and utilization of the Site, you explicitly agree not to:

(a) Upload, post, email, or otherwise transmit any material, including, without limitation, “trojan horses,” “worms,” software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) Employ any device, software, or routine that interferes with the proper operation of the Site.

(c) Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws pertaining to the export of data or software to and from the US or other countries);

(d) Utilize any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;¹

1. www.foodbanknyc.org

www.foodbanknyc.org

(e) Sell or otherwise disseminate any data obtained from any Company database; and

(f) Incorporate data from any Company database into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side applications, or web-based, without Company’s prior, express, and written consent.

User Representations. You hereby represent and warrant that (i) you are at least 18 years of age, (ii) your use of the Site is lawful in, and does not contravene any laws or rules of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Site, (iii) all information (if any) provided by you to Company is accurate, (iv) you possess the legal right and capacity to enter into these Terms of Use and to use the Site in accordance with these Terms of Use, (v) your use of the Site shall be in strict accordance with these Terms of Use, and (vi) your use of the Site shall be in compliance with all applicable laws and regulations.

Termination of Access

Company reserves the unqualified right to terminate your access to the Site at any time (for any reason or without cause). Specifically, and without limitation, Company may terminate your access upon your non-compliance with these Terms of Use or if you infringe upon Company’s rights or the rights of any other party.

Intellectual Property Rights

Ownership. The Site and all information, images, graphics, data, text, files, links, software, messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, and other matters related to the Site (the “Company Content”) are the exclusive property of Company and Company’s licensors and are protected under applicable copyright, trademark, and other proprietary rights laws. Except as expressly permitted in these Terms of Use, the copying, redistribution, use, or publication by you of the Company Content is strictly proscribed. You do not acquire any ownership rights to any Company Content through your access to or utilization of the Site.

Limited Right to Use. Company grants you a limited, nonexclusive, non-transferable license to view, print, and download the Company Content solely for your personal, non-commercial use. You are expressly prohibited from reproducing, republishing, distributing, assigning, sublicensing, selling, or creating derivative works of the Company Content. All rights in and to the Company Content not explicitly granted in this paragraph are expressly reserved by Company and Company’s licensors.

Linking to the Site and Social Media Features

You may establish a link to the Site, provided that such link is presented in a fair and legal manner that does not damage Company’s reputation or exploit it, but you are expressly prohibited from establishing a link in such a way as to suggest any form of association, approval, or endorsement on Company’s part without Company’s explicit prior written consent.

This Site may incorporate certain social media features that enable you to:

Link from your own or specified third-party websites to particular content on this Site.
Transmit emails or other communications containing specific content, or links to specific content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or designated third-party websites.

You are permitted to utilize these features solely as they are provided by the Company and solely with respect to the content with which they are displayed. Subject to the foregoing stipulations, you are strictly prohibited from:

Establishing a link from any website that is not directly owned and controlled by you.
Causing the Site or portions thereof to be displayed on, or appear to be displayed by, any other site, including, by way of example, framing, deep linking, or in-line linking.
Otherwise taking any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must, in all respects, comply with the End User Content standards articulated within these Terms of Use. Company shall not be responsible or liable to you or any third party for the content or accuracy of any information contained on third-party sites or social media platforms.

You hereby agree to cooperate fully with Company in causing any unauthorized framing or linking to cease immediately upon notification. Company reserves the right to withdraw linking permission at any time without prior notice. Company retains the discretion to disable any or all social media features and any links at any time without notice.

Indemnification

You hereby agree to indemnify, defend, and hold harmless the Company Family and the Company Family’s shareholders, members, partners, directors, managers, officers, employees, agents, information providers, suppliers, and attorneys (collectively, the “Company Affiliated Parties”) from and against any and all liabilities, losses, claims, and expenses, including, without limitation, reasonable attorney’s fees, arising out of or relating to your (i) failure to comply with any provision of these Terms of Use or (ii) use of the Site. Company assumes no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Site.

Disclaimers

THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE ARE INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

ALL INFORMATION PROVIDED THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, PRICES, FLOOR PLANS, SQUARE FOOTAGES, DESIGNS, AND MATERIALS) IS SUBJECT TO MODIFICATION AT ANY TIME WITHOUT PRIOR NOTICE AND DOES NOT CONSTITUTE ANY COMMITMENT ON COMPANY’S PART TO MAINTAIN SUCH INFORMATION OR TO PROVIDE THE SITE IN THE FUTURE.

WHILE THE COMPANY CONTENT MAY BE PERIODICALLY UPDATED, IT MAY BECOME OUT-OF-DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS, OR APPROPRIATENESS OF ANY INFORMATION OR SERVICE PROVIDED BY THE COMPANY OR WITH RESPECT TO ANY HOME OR COMMUNITY.

COMPANY SHALL NOT BE RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE SITE OR OTHERWISE UTILIZE OR RECEIVE INFORMATION FROM OR REGARDING THE SITE.

Limitation of Liability

THE COMPANY FAMILY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF ANY INFORMATION OR SERVICE PERTAINING TO THE SITE. THE COMPANY FAMILY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links

The Site may contain hyperlinks to other websites, including, without limitation, investor relations sites, job applicant information gathering, assessment, and testing sites, and preferred lender sites. These Terms of Use (and the related Privacy Policy) do not govern your use of these third-party sites. Company assumes no responsibility for the content, accuracy, or opinions expressed on such websites, and Company does not undertake to investigate, monitor, or verify such websites for accuracy or completeness. The inclusion of any linked website on the Site does not imply any endorsement or approval of the linked website by Company. Should you choose to leave the Site and access these third-party sites, you do so entirely at your own risk. You are only permitted to make available links on other websites to the Site if such links directly connect to Company’s home page located at [Insert El Towne LLC Website Home Page Here]. You may engage in deep-linking (or linking to other pages within the Site) only with Company’s prior, express, and written consent.

Forward-Looking Statements

Certain statements and information contained within the Site and in the Company Family’s press releases, filings with the Securities and Exchange Commission (the “SEC”), and other reports may constitute “forward-looking statements” within the purview of the Private Securities Litigation Reform Act of 1995. Such statements that are not of a historical nature are forward-looking statements predicated on various factors and assumptions that involve significant known and unknown risks and uncertainties. These factors, as identified periodically in documents filed by the Company with the SEC, may cause actual results to differ materially from the expectations expressed in such statements and information. The Company undertakes no commitment, and expressly disclaims any duty, to update any forward-looking statements to reflect future events or changes in these expectations.

Miscellaneous

You acknowledge that transmissions to and from the Company Site are not confidential and that your Communications may be read or intercepted by others. You further acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied, or other relationship is created between you and Company other than as explicitly set forth in this Agreement.

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of ARIZONA, without regard to Arizona’s conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Company supports and encourages affirmative advertising and marketing programs wherein there are no impediments to obtaining housing based on race, color, religion, gender, disability, familial status, or national origin.

Any cause of action initiated by you with respect to the Site (including, without limitation, these Terms of Use) must be commenced within one year after the cause of action accrues or shall be permanently waived and barred. All legal proceedings arising out of or in connection with these Terms of Use shall be exclusively brought in a federal or state court of competent jurisdiction situated in Maricopa County, Arizona. The provisions of these Terms of Use are severable, and in the event that any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect the validity or enforceability of the remaining provisions. Company’s failure to enforce a breach of any provision of these Terms of Use by you shall not be construed as a waiver by Company of any subsequent breach by you.

If you become aware of any violations of these Terms of Use or if you have any inquiries or comments regarding these Terms of Use, please contact us at [email address removed].

Any Company marks displayed on the Site are registered trademarks of El Towne LLC. All other trademarks utilized on the Site are the property of their respective owners.

El Towne LLC Mobile Terms and Conditions

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