USE OF SITE
You acknowledge and agree that the information, data, text, software, music, sound, photographs, images, graphics, video, messages, floor plans, maps, tenant data, space availability listings, comparable sale and space listing data, layout, design, and other content contained on this Site (collectively, the "Content") are proprietary to Concrete Stories and its licensors. You further acknowledge and agree that certain elements of the Site, including the Content, are protected by copyright, unfair competition, trademark and other laws and may not be displayed, reformatted, reproduced, transmitted, distributed, disseminated, sold, published, or broadcast in whole or in part, without the prior written permission of Concrete Stories and its licensors.
The Content may contain other proprietary notices or describe products, services, processes or technologies owned by Concrete Stories or other third parties. Nothing contained herein shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Concrete Stories or any third party. All right, title and interest in and to the Content and other information accessible on or through this Site, including any copyrights therein, are and shall continue to be the exclusive property of the owners thereof.
LIMITATIONS ON USE OF SITE
RESTRICTIONS ON USE OF WEBSITE
Furthermore, you shall not:
- Upload, post or otherwise transmit any portion of the Site on, or provide access to any portion of the Site through, the Internet, any bulletin board system, any other electronic network, any data library, any listing service or any other data sharing arrangement;
- Use any portion of the Site to create, directly or indirectly, any database or other product directly or indirectly competitive with Concrete Stories or the Site or any portion thereof;
- Provide, disclose or transmit any portion of the Site to any direct or indirect competitor of Concrete Stories or integrate or incorporate any portion of the Site into any database;
- Use any portion of the Site, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify any portion of the Site; (b) act in a way that affects or reflects negatively on Concrete Stories or the Site, (c) upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content that (i) is unlawful, threatening, abusive, harmful, libelous, tortuous, defamatory, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (ii) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (iii) you know or, with the exercise of reasonable effort, should know to be false, misleading or otherwise unreliable; or (iv) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
- Encourage or engage in illegal activity;
- Intentionally disguise the origin of any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content posted on or transmitted through the Site;
- Upload, post, e-mail or otherwise transmit any (a) unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (b) material that contains software viruses or any other computer code, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- Use any data mining, gathering or extraction tool, or any robot, spider, or other automatic device or manual process, to copy the Site or Content contained therein without our prior expressed written permission.
All copyrighted and copyrightable materials on this Site, including, without limitation, the Concrete Stories logo, design, text, video, forms, photographs, software, graphics, pictures, sound files and other files (the "Materials") and the selection and arrangement thereof are copyright © 2001 Concrete Stories, and/or its suppliers. ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, broadcast, rented, sold, edited, manipulated, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Concrete Stories or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial (other than for your personal real estate leasing needs), and informational use only; provided that, you may not without the prior written permission of Concrete Stories or the respective copyright owner, alter the Materials nor display the Materials without the copyright notice, any proprietary notice, and this notice to so display the Materials.
Concrete Stories, the Concrete Stories logo, all other trademarks, service marks, design marks and trade names of Concrete Stories and its suppliers and the products and services described in this Site are the trademarks or registered trademarks of Concrete Stories and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Concrete Stories or its suppliers or licensors. Also, page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade address Concrete Stories, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Concrete Stories. All other trademarks, registered trademarks, product names mentioned herein are the property of their respective owners.
This Site also employs other trademarks and service marks that are the property of third parties, or are licensed to, or owned by Concrete Stories. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Links to Third-Party Sites
Materials You Submit
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submission to Concrete Stories, or posting to open forums on this Site, are non-confidential and shall become the sole property of Concrete Stories. Concrete Stories shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Concrete Stories, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Conduct in Interactive Areas
This Site may include discussion forums or other interactive areas, including live agent chats or bulletin boards. Forums and interactive areas shall be used only for non-commercial purposes. By using any forum or interactive areas, you agree not to do any of the following: 1) upload to, distribute or otherwise publish through this Site any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; 2) upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ; 3) upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, and by posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; 4) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and 5) without Concrete Stories' written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. Concrete Stories takes no responsibility and assumes no liability for any Content posted or unposted by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Concrete Stories is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.
Monitoring the Site
You shall remain solely liable for the Content of any messages or other information you upload or transmit to Concrete Stories, including the discussion forums or interactive areas of this Site. You agree that any information you provide to Concrete Stories (including but not limited to the existence or identity of other brokers you have used) shall be true and correct in all material respects and you agree to indemnify, defend and hold harmless Concrete Stories and its affiliates and their respective officers, agents, partners, directors and employees, from and against any claim, action, demand, loss, or damages (including attorney's fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, your violation of any rights of a third party, or any inaccuracy or misrepresentation made in information provided to Concrete Stories.
This Site together with any documents issued by Concrete Stories and available through this Site may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements may appear in various places in this Site together with any documents issued by Concrete Stories and available through this Site and can be identified by the use of forward-looking terminology such as "believe," "expect," "plans," "may," "will," "should," "anticipates" or similar statements or the negative thereof or other variations thereof. Such forward-looking statements include, without limitation, statements made as to future operation costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. Such forward-looking statements are based on current expectations and by their nature involve speculative estimates and projections. The information contained within any press releases, commercials and/or other advertisements issued by Concrete Stories should not be deemed accurate or current except as of the date the release was posted. Concrete Stories has no intention of updating, and specifically disclaims any duty to update the information contained in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk. Concrete Stories may provide links to third-party Web sites or services that may contain financial or investment information about Concrete Stories. Access to such sites and the information contained therein is provided as a service to those interested in the information. Concrete Stories neither regularly monitors nor has control over the content of third parties' statements or web sites. Accordingly, Concrete Stories does not endorse or adopt these sites or any information contained therein, including, without limitation, analysts' reports and stock quotes. Concrete Stories makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party web sites or other third party information that is identified on the Site. Users visit these sites and use the information contained therein at their own risk.
THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONCRETE STORIES EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES (A) AS TO TITLE, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, (B) AS TO THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE DATA AND OTHER CONTENT AND (C) AGAINST INFRINGEMENT. CONCRETE STORIES DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE TIMELY, ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE WILL BE SECURE. CONCRETE STORIES DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONCRETE STORIES OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
Concrete Stories reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Concrete Stories, unless specifically so indicated.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT (A) CONCRETE STORIES AND ITS AFFILIATES AND THEIR RESPECTIVE, OFFICERS, AGENTS, VENDORS, SUPPLIERS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC OR OTHER MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCE WILL CONCRETE STORIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, DIRECTORS, PARTNERS, AND EMPLOYEES OF CONCRETE STORIES BE LIABLE IN ANY WAY FOR ANY INFORMATION, DATA, TEXT, SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES OR OTHER CONTENT POSTED, E-MAILED OR OTHERWISE TRANSMITTED BY A USER OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY SUCH SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUCH CONTENT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." CONCRETE STORIES SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND CONCRETE STORIES' CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES OF WHATEVER NATURE, ACTS OF GOD, PUBLIC ENEMY, WAR, ACTS OF GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE SITE.
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS FEES) ARISING FROM THAT DISRUPTION.
Rights of Termination
Severability of Provisions
This Site may include opportunities for users to submit information, data, text, software, music, sound, photographs, images, graphics, video, messages and other content to the Site. You understand that all such content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Concrete Stories, are entirely responsible for all such content that you upload, post, e-mail or otherwise transmit to or via the Site. Concrete Stories is under no obligation to post or use any such content you may provide and may remove any such content at any time in Concrete Stories' sole discretion. It is the policy of Concrete Stories to permanently terminate use of the Site by individuals or entities that infringe copyrights.
Concrete Stories and its employees do not accept or consider unsolicited ideas, including but not limited to those for new advertising campaigns, new promotions, or new products or technologies.
License to User Content
With respect to all information, data, text, software, music, sound, photographs, images, graphics, video, messages and other content you elect to upload, post, e-mail or otherwise transmit to or via the Site, you grant Concrete Stories, its affiliates, and licensees the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, distribute, sell, and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that Concrete Stories may preserve any such content and may also disclose such content in its discretion.
Portions of this Site may require you to register certain information about yourself to use that portion of the Site. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Concrete Stories has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Concrete Stories has the right to terminate or restrict your current and future use of the Site (or any portion thereof).
Accuracy, Completeness and Timeliness of Information on the Site
The Site is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting designated agents of Concrete Stories. Any reliance upon the Site shall be at your own risk. We are not responsible if the Site is not accurate, complete or current. We have no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Site. We reserve the right to modify the Site at any time, but we have no obligation to update the content. You agree that it is your responsibility to monitor changes to the Site and content.
Linking to this Site; Framing
Except as set forth below, links to and the framing of this Site or any of its Content is prohibited. Under no circumstances shall Concrete Stories be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site or any products or services that may be offered through such web site. Concrete Stories has not necessarily reviewed any or all of the content of web sites that link to this Site, and we disclaim responsibility for the content and products and services available therein. Different terms and conditions may apply to your use of any linked sites.
Modifications to Site
Concrete Stories is continuously updating and changing the Site, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Concrete Stories shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
Relief in Case of Breach
Thank you for visiting our Site!
Copyright 2001 Concrete Stories LLC All rights reserved.
Reproduction of any Concrete Stories LLC material is strictly prohibited.