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By using
this site, you agree to our terms and conditions, as further described
below. Whether or not you actually read these terms and conditions, your
use of the site will be deemed an acceptance of them. We may modify our terms
and conditions for use of this site at any time and without notice.
PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE THE
SITE. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, YOU MAY NOT
USE THE SITE. BY USING THE SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE
TERMS AND CONDITIONS.
TO USE THIS SITE, YOU MUST BE A RESIDENT OF OR LOCATED IN A JURISDICTION WHERE
THE DISTRIBUTION, PUBLICATION OR PROVISION OF THE INFORMATION AND CONTENT OF
THIS SITE MAY BE LAWFULLY PROVIDED OR OFFERED AND YOU MUST BE AT LEAST 18 YEARS
OLD.
Privacy Policy
All information we collect or obtain about you is subject to our Privacy
Policy. For more information, please see our full Privacy Policy.
No Offer
Neither the information nor any opinion
contained on this site constitutes investment advice, a solicitation or an
offer to sell by Värde Partners, Inc. ("Värde") or its affiliates for
the purchase or sale of any securities, futures, options or other financial
instruments or to provide any investment advice or service. Värde is not
utilizing this site to provide investment or other advice to you or any other
party, and no information or material at this site is to be relied upon for the
purpose of making or communicating investment or other decisions. The
information provided on this site is not intended for distribution to, or use by, any
person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject Värde or any
affiliate to any registration requirement within such jurisdiction or country.
In jurisdictions where Värde is not registered or licensed to trade in
securities, commodities or other financial products, any trade will be made
only in accordance with applicable legislation which will vary from
jurisdiction to jurisdiction and may require that the trade be made in
accordance with applicable exemptions from registration or licensing
requirements.
The information on this site has been compiled from both internal and external
sources. Värde uses reasonable efforts to make sure that the information
appearing on this site is accurate and up-to-date. However, Värde does not
represent or warrant that the information contained herein is accurate or
complete.
Nondeposit Investment Products
Limited partnerships and other investment products are available through
Värde. These products are not insured by the Federal Deposit Insurance
Corporation (the "FDIC") or any other type of deposit insurance; are
not deposits or other obligations of, and are not guaranteed by, Värde or its
affiliates; and may fluctuate in value and are subject to investment risks,
including possible loss of principal invested.
Security
For certain types of communications through this Site, Värde may require
the use of encryption technologies provided for your protection and/or require
you to use user identification information ("User IDs") and
passwords. You are responsible to protect your User ID and password from
disclosure to third parties and you are not permitted to avoid the use of
required encryption technologies. While Värde may provide those technologies
and use other reasonable precautions to protect confidential information and
provide suitable security, we do not guarantee or warrant that information
transmitted through the Internet is secure, or that such transmissions will be
free from delay, interruption, interception or error.
No Warranty; Limitation of Liability
YOU UNDERSTAND AND EXPRESSLY AGREE THAT:
(a) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE INFORMATION AND
CONTENT ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. NEITHER VÄRDE NOR ANY OF ITS AFFILIATES WARRANT THE
ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS PROVIDED ON THIS SITE,
EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
(b) VÄRDE DOES NOT WARRANT OR REPRESENT THAT (i) THIS SITE WILL MEET YOUR
REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE
WILL MEET YOUR EXPECTATIONS, OR (v) THE SERVER THAT MAKES THIS SITE AVAILABLE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS
SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING, WITHOUT LIMITATION,
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATES OR ANY OF
OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM VÄRDE OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS AND CONDITIONS OF USE.
(e) IN NO EVENT WILL VÄRDE OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY LOSS
OR DAMAGE ARISING OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, WHETHER
DIRECT, INDIRECT OR CONSEQUENTIAL, FORESEEN OR UNFORESEEN, INCLUDING LOSS OF
PROFIT OR OTHER ECONOMIC LOSS, OR ANY OTHER DAMAGES OF ANY KIND EVEN IF VÄRDE
OR AN AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE
AND ITS RELATED WEB SITES.
Proprietary Rights to Content
You acknowledge and agree that this site contains information, data,
software, photographs, graphics, text, images, logos, icons, typefaces, audio
and video material, and/or other material (collectively "Content")
protected by copyrights, trademarks, or other proprietary rights, and that
these rights are valid and protected in all forms, media, and technologies
existing now or hereinafter developed. The Content is our property or
that of our suppliers or licensors. The compilation (meaning the collection,
arrangement, and assembly) of all content on this site is our exclusive
property and is protected by U.S.
and international copyright laws. You may not copy, modify, remove,
delete, augment, add to, publish, transmit, participate in the transfer,
license or sale of, create derivative works from, or in any way exploit any of
the Content, in whole or in part, except as specifically permitted
herein. If no specific restrictions are displayed, you may make one copy
of select portions of the Content, provided that the copy is made only for your
personal, information, and non-commercial use and that you do not alter or
modify the Content in any way, and maintain any notices contained in the
Content, such as all copyright notices, trademark legends, or other proprietary
rights notices. Except as provided in the preceding sentence or as
permitted by the fair use privilege under the U.S. copyright laws, you may not
upload, post, reproduce, perform, or distribute in any way any Content without
obtaining permission of the owner of the copyright, trademark or other
proprietary right.
Trademarks
Värde, our logos and all related marks are service marks or trademarks of Värde
Partners, Inc. They may not be used or displayed without our prior
written consent. All other trademarks, product names and company names
and logos appearing on this site are the property of their respective owners,
and may be used only with the permission of the particular owner.
Use of Links
You use any third-party links contained on this site at your own risk. The
content to which you link has not been developed, checked for accuracy or
otherwise reviewed by Värde. Värde makes no guarantees or representations
as to, and shall have no liability for, any third-party site, including without
limitation, the accuracy, subject matter, quality or timeliness of any
electronic content. You hereby waive any claim you might have against us
with respect to such other sites.
Waiver of Jury Trial
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY
LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
TRANSACTIONS CONTEMPLATED HEREBY.
Indemnification
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim
or demand, including reasonable attorney's fees, made by any third party due to
or arising out of Content you submit, post to or transmit through this site,
your use of this site, your connection to this site, your violation of the
terms of service, or your violation of any rights of another.
Applicable Law
These terms will be governed by and construed in accordance with the laws of
the State of New York,
without regard to any principles of conflicts of law. You agree that any
action at law or in equity that arises out of or relates to these terms will be
filed only in the state or federal courts located in New York, and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes of litigating any
such action.
Termination
We may terminate your access, or suspend any user's access to all or part of
this site, without notice, for any conduct that we, in our sole discretion,
believe is in violation of any applicable law or is harmful to the interests of
another user, a third-party provider, a service provider, or us. This
includes without limitation, any deliberate misuse of any element of this site,
including, without limitation, hacking, introduction of viruses or similar
code, disruption or excessive use or any use in contravention of applicable
law, and Värde reserves the right at its sole discretion, to pass information
to legal authorities.
Modification of Agreement and Notice
All changes to these terms and conditions of use will be posted on this
site. If you do not agree with the changes, your sole remedy is to
discontinue the use of this site. BY USING THIS SITE AFTER WE POST ANY
CHANGES TO THIS POLICY, YOU THEREBY AGREE TO ACCEPT THOSE CHANGES.
General Information
These Terms and Conditions of Use constitute the entire agreement and
understanding between you and us, superseding any prior agreements and
understandings, and govern your use of the Site. You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. Our failure to
exercise or enforce any right or provision of the Terms and Conditions of Use
shall not constitute a waiver of such right or provision. If any
provision of the Terms and Conditions of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms and Conditions of Use remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Site or the Terms of Use must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in these terms and conditions for convenience only and have
no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these Terms and
Conditions of Use.
Any rights not expressly granted herein are reserved by and for Värde Partners,
Inc.
Copyright © 2001 Värde Partners, Inc. All rights reserved.
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