USE, ACCEPTANCE AND MODIFICATION
This website at www.NNN360.com (the “Website”) is made available to you by ANVERS Capital Partners, AnversNet, and any and all of its affiliates (“ANVERS”, “we”, “us”, or “our”). Please read these terms of use (the “Terms of Use”) carefully before accessing, viewing or using the Website. This Terms of Use is a legally binding agreement between you and ANVERS. By accessing, viewing or using the Website in any way, you acknowledge and agree to be bound by all terms, provisions, conditions, notices, representations, warranties, and disclaimers contained herein and in the Website Privacy Policy found on this Website (which is incorporated by reference herein). If you do not agree to all the Terms of Use, you do not have the right to, and must not, access, view or use the Website. You may be denied access to this Website, with or without prior notice to you, if you do not comply with the provisions of this Terms of Use. These Terms of Use (which may be amended as outlined below) shall be binding on you and on us at all times during and after your viewing or use of the Website in any way.
ANVERS may, in ANVERS’s sole and absolute discretion, revise, amend or modify the Terms of Use at any time and in any manner without notice (other than that which is contained within any future version of this Terms of Use). All such revisions, amendments or modifications are effective when we post them on the Website (unless otherwise expressly stated when posted). You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your viewing or use of the Website following any modifications will signify your agreement to and acceptance of such revised Terms of Use.
You are solely responsible for your use of the Website and for ensuring that such use is in full compliance with this Terms of Use. The information published on the Website is provided to visitors as a convenience and for informational purposes only. We do not represent that the information contained on the Website is the most current information available or that such information is accurate or complete. Therefore you should not rely on the information contained on the Website when making decisions. All decisions based on information published on the Website are your sole responsibility.
The Terms of Use do not alter the terms and conditions of any other agreement you may have with ANVERS or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and ANVERS, the Terms of Use are the entire agreement between you and ANVERS and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ANVERS about the use of this Website.
MEMBERSHIP
To access or to view or use some of the features, resources or information the Website offers, you may be asked to become a “Member.” For example, only Members may be able to view complete tenant profile and information for research purposes. Members must be at least eighteen (18) years of age, and are required to provide certain registration details or other information in order to become a Member. You agree that all information you provide in connection with becoming a Member and/or accessing or using this Website through any means, including but not limited to the information provided at the time you apply to become a Member or at any time thereafter, is governed by our Website Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Website Privacy Policy. Further, in providing any such information to ANVERS, you represent and warrant that the information provided is true, accurate, complete and current
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for the activity that occurs on your account.
As a Member, you authorize us to send you promotions, materials and correspondence via mail, email, telephone or any other channel. ANVERS will use its best efforts to honor any request by you to opt out of receiving any email associated with an email campaign, but under no circumstances will ANVERS have any liability to you for delivering any information or communication via any method at any time. Moreover, any such promotions, materials and/or correspondence are provided solely for general information, and do not constitute real estate, legal, tax, accounting or other professional advice. Before acting on any information we provide to you, you should consult an appropriate professional.
Notwithstanding the forgoing, we have the right to suspend, revoke or terminate the rights of any Member to use or access the Website and/or to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. In such event, you agree that any fee(s) or monies paid by you to us to become a Member or to use any service on or through the Website (including, but not limited to, Listings (as that term is defined below) and email campaigns) shall be retained by us, and you hereby waive and forfeit any and all rights to claim a right or entitlement to a refund to said fee(s) or monies. Moreover, in this event we shall have no obligation to maintain or forward any information on a Member’s account or relating in any way to any Listing.
VIEWING LISTINGS OR OTHER INFORMATION
Certain aspects or summaries of tenants, property listings, and market data may be viewed by non-Member users of or visitors to the Website. However, only Members will generally have the ability to view the complete tenant information, certain property listings, content and information.
ANVERS does not ensure the accuracy of, any tenant information, market data, financial information on or information, materials or content provided in connection with a Single Tenant or property listing, and you agree that you use or rely on such information at your own risk. You hereby release us from, and agree that we shall not be liable to you for, your reliance on, or use of, any information, materials or content provided on or through this Website.
NONINTERFERENCE
You shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third Party Content or enforce limitations on use of the Website or any such content therein.
LINKS TO THIRD PARTY WEBSITES
The Website may be linked, or contain links, to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by ANVERS. If you use these links, you may leave the Website. ANVERS has not reviewed any of these third party sites and does not control and is not responsible for any of these sites or their content. ANVERS does not endorse or warrant any information, opinion, recommendation or advice expressed therein or make any representations about third party sites, their usefulness, safety, privacy or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and ANVERS expressly disclaims (and you hereby discharge and release ANVERS from) any and all liability in connection with such third party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against ANVERS in connection therewith. You further understand and acknowledge if you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk. You should consult any terms of use and privacy policy contained on any such third party site, as those terms and policies, and not ANVERS’s Terms of Use and Privacy Policy, will govern your use of the third party site.
HYPERLINKS TO THIS SITE
You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link is to the entry or home page of this Website and does not portray ANVERS or any of its products or services in a false, misleading, negative, derogatory, or otherwise defamatory manner. This limited right may be revoked by ANVERS at any time for any reason or no reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any ANVERS trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of ANVERS in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing an ANVERS or ANVERS affiliate name, trademark, or product name without ANVERS’s express written consent in each instance.
DISCLAIMER OF WARRANTIES
Except as may be expressly set forth otherwise in a written agreement between you and ANVERS, ANVERS has no special relationship with or fiduciary duty to you. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information available on or though this Website. ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION LISTINGS, MATERIALS AND THIRD PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. ANVERS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF OR IN LISTINGS, MATERIALS AND/OR THIRD PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF ANVERS’S SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (v) ANY INFECTIONS, ADWARE, BUGS, VIRUSES, WORMS, TROJAN HORSES, MALWARE, RANSOMWARE, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
As noted herein, information on this Website should not be relied upon for accuracy, timeliness and/or completeness and content, information, pricing, projections, forecasts and estimates on the Website are not representations or guarantees of any kind by ANVERS. To the extent you wish to rely on any information on this Website, ANVERS specifically recommends that you take efforts to independently verify the accuracy of such information.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ANVERS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT APPEARING ON THE WEBSITE. IN NO EVENT WILL ANVERS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER NN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Without limiting the generality of the foregoing, neither we, nor any other party involved in creating, producing or delivering the Website shall be liable for: any loss or injury caused, in whole or in part, by our or its actions, omissions, negligence or gross negligence, or for contingencies beyond our or its control, in procuring, compiling, or delivering information presented at the Website; any software failure, system failure, Website security failure, unauthorized access to the Website or technical problem; any decision made or action taken or not taken in reliance upon information presented at the Website; any damages or injury resulting from your access to the Website, including, but not limited to, damage to or failure by your computer equipment or other property, communication line failures, computer viruses or inability to access the Site; or, any other direct, incidental, consequential, indirect, or punitive damages or losses, whether in contract, tort or otherwise, arising out of access to or use of the Website.
PROHIBITED USES; USER LIABILITY
Because all servers have a limited capacity and are used by many people, the Website may not be used in a manner that could damage or overburden any of our servers, or any network connected to any of our servers. Furthermore, the Website may not be used in a manner that would interfere with any other party’s use of the Website. We reserve the right to monitor your use of the Website and any communications by you related to such use (and this right is in addition to and supersedes to the extent in conflict with our Website Privacy Policy). We assume no liability in connection with our monitoring activities. If your use of the Website violates any of these Terms of Use or any applicable law, we reserve the right to discontinue, restrict, change, limit, or permanently revoke your right to use the Website. You hereby agree to be responsible for any and all liabilities, costs and expenses (including attorney’s fees and court costs) arising from any technical disruption of or damage to the Website (including the software and systems that transmit the Website) caused directly or indirectly by your use of the Website.
INDEMNITY
You agree to defend, indemnify and hold harmless ANVERS and its affiliates, officers, directors, owners, operators, employees, licensors and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from, related to or in connection with: (i) your use of and access to the Website, including without limitation any Materials or Third Party Content contained herein; (ii) any Listing by you; (iii) your violation of any of these Terms of Use; and/or (iv) your violation of any third party right, including without limitation any Third Party Content or any other third party copyright, property, or privacy right in connection with your use of or access to the Website
GENERAL PROVISIONS; VENUE; JURISDICTION; MEDIATION REQUIREMENT
Enforcement of the Terms of Use will be governed by Florida law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to the Terms of Use or your use of the Website will lie in the state or federal courts located in (or for) Orange County, Florida and you irrevocably agree to submit to the jurisdiction of such courts.
The failure of ANVERS to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by ANVERS in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.
WAIVER OF RIGHT TO TRIAL BY JURY
YOU AGREE THAT ANY ACTION OR SUIT ARISING OUT OF OR IN ANY WAY RELATED TO THIS TERMS OF USE OR TO YOUR USE OF OR ACCESS TO THE WEBSITE SHALL BE TRIED BY A JUDGE, SITTING WITHOUT A JURY. BY ACCESSING OR USING THIS SITE IN ANY WAY YOU ARE KNOWINGLY AND VOLUNTARILY WAIVING THE RIGHT TO A TRIAL BY JURY.
CONTACT US
If you have any questions regarding the Website or these Terms of Use, please contact ANVERS by sending an email through our info@anversnet.com