TERMS AND CONDITIONS OF USE

AGREEMENT REGARDING TERMS AND CONDITIONS OF USE:

Please read these Terms and Conditions of Use ("Terms") carefully before accessing or using this Web Site ("Site"). By accessing or using this Site, you agree to, and shall be, bound by the Terms. The Terms are meant to protect all of our Site visitors and your use of this Site signifies your agreement and acceptance of the Terms. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THIS SITE.

Saxe Real Estate Management Services, Inc., ("Saxe") and/or its suppliers, in its and/or their sole discretion, may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. Saxe, in its sole discretion, reserves the right to, and may modify, alter or otherwise update the Terms, or any of them, at any time, and such modification(s), alteration(s) or update(s) shall be effective immediately upon posting. By using the Site after we have posted such modification(s), alteration(s) or update(s), you agree to, and shall, be bound by the same.

GENERAL TERMS AND CONDITIONS:

Content contained on this Site has been prepared by Saxe for informational purposes only and is not intended as legal, financial, or investment advice. You should not act upon this information without seeking professional counsel or advice from applicable experts who are properly informed as to your particular needs and circumstances. All information on this Site is obtained from sources we believe to be accurate and reliable, but is not guaranteed. Saxe and its suppliers make no representations or warranties with respect to the accuracy or applicability of any information contained herein and shall not be responsible for any damage or loss of any kind or nature related to the accuracy, reliability, currency, completeness or timeliness of the information. Saxe and its suppliers assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site.

In consideration of use of the Site, you agree to and shall, if you choose to provide us with any information, provide true, accurate, current and complete information about yourself.

LIABILITY DISCLAIMER:

BY USING THIS SITE, INCLUDING ANY APPLETS, SOFTWARE AND CONTENT CONTAINED THEREIN, YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. YOU (AND NOT SAXE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM, OR ANY PART THEREOF. YOU EXPRESSLY AGREE THAT SAXE, ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS SUPPLIERS), ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, SUCCESSORS OR ASSIGNS, AND ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS SITE IS NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS SITE OR ANY OTHER LINKED SITE. TO ILLUSTRATE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAXE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARIING ON THIS SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SAXE IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

ALL CONTENT OF THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH AND/OR IN CONNECTION WITH THE SITE. SPECIFICALLY, SAXE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF THE INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY, WITHOUT LIMITATION, APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, EVEN IF SAXE AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SAXE, ITS EMPLOYEES, AGENTS, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS AND/OR SERVICE AND CONTENT SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, SAXE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

PERSONAL AND NON-COMMERCIAL USE LIMITATION:

You may access, download, and print materials published by Saxe on the public portions of this Site for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. Furthermore, you may not use the materials found on this Site on any other web sites or in a networked environment.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS:

Saxe is the owner and/or authorized user of any trademark and/or service mark appearing at this Site and is the copyright owner or licensee of the content and/or information on this Site, including, but not limited to, any screens appearing at the Site. If you make use of the Site, except as provided above, you may violate copyright and/or other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Saxe does not grant any license or authorization to any user of its trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Site or otherwise.

USER CONDUCT ON THE SITE:

As a condition to your use of this Site, you warrant to Saxe that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, including without limitation, the posting or transmitting of any threatening, libelous, defamatory, pornographic, or profane material. If you violate any of the Terms, your permission to use the Site immediately terminates without the necessity of any notice. Saxe, in its sole discretion, retains the right to deny access to anyone at anytime for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Site, including, but not limited to, any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Site without the prior written consent of Saxe.

Saxe has no obligation to monitor the Site. Notwithstanding the foregoing, you acknowledge and agree that Saxe has the right to monitor the Site electronically, from time to time, and to disclose any information as necessary or appropriate to comply with any law, regulation or other governmental request, to operate the Site properly or to protect itself or its users. Saxe will not intentionally monitor or disclose any private electronic-mail messages unless required by law. Saxe reserves the right to refuse to post or to remove any information or materials, in whole or in part, in its sole discretion, which it deems are unacceptable, undesirable, inappropriate or in violation of these Terms.

LINKS:

This Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only. Saxe does not control such Linked Sites and is not responsible for their contents. Saxe's inclusion of Linked Sites does not imply any endorsement, nor shall be construed as an endorsement, of the Linked Sites, or any of them, or the content, products, advertising or other material presented on such Linked Sites or any association with their operators, and
your use and access and use of any Linked Sites, including information, material, products and services therein, is solely at your own risk.

You acknowledge and agree that you bear full responsibility for your own investment research and investment decisions, and that Saxe shall not be liable for any decision made, action taken or inaction by you or others based upon reliance on information or materials obtained through use of the Site.

You further acknowledge and agree that Saxe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on Linked Sites.

INDEMNIFICATION:

You agree to and shall defend, indemnify and hold Saxe and its affiliates, employees, agents, officers, directors, shareholders, successors and assigns harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising from, and/or relating in any way, to your use of the Site and/or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or to any violation of the Terms by you or users of your account.

GOVERNING LAW AND JURISDICTION:

The Terms, your relationship with Saxe hereunder, and your access to and/or use of the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or other proceeding between you and Saxe shall be instituted exclusively in a federal or state court of competent jurisdiction in San Francisco County, California, and you expressly consent to the jurisdiction of said courts.

MISCELLANEOUS:

The failure of Saxe to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, void or for any reason unenforceable, such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

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 and/or the Terms must be filed within one (l) year after such claim or cause of action arose or forever be barred.