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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO
NOT AGREE TO ALL OF THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT USE THIS
WEB SITE.
Overview.
Welcome to the TIC Properties Web Site. TIC Properties (“TIC Properties, LLC”)
maintains this Web Site to provide users information about its property and asset
investment services. Your use of this Web Site is subject to these Terms of Use
(the “Terms”).
These Terms constitute your agreement with TIC Properties with respect to your
use of this Web Site. By accessing, browsing, or using this Web Site, you acknowledge
that you have read, understood, and agree to be bound by the Terms. You must abide
by the Terms in order to become and remain an authorized user of this Web Site.
TIC Properties reserves the right, in its sole discretion, to modify, alter or
otherwise update these Terms at any time. The modifications will be effective
immediately upon posting. By using this Web Site after we have posted notice of
modifications, alterations or updates, you agree to be bound by those revised
Terms.
If you violate any of these Terms, your permission to use our Web Site immediately
terminates without the necessity of any notice. TIC Properties retains the right
to deny access to anyone at its discretion for any reason, including for violating
these Terms.
Certain Definitions.
“Content” means any and all content included in or available through this Web
Site, including, without limitation, information, text, data, articles, ideas,
drawings, configurations, designs, projects, programs, routines, concepts, instructions,
graphics, logos, HTML, button icons, metatags, pictures, photographs, clip art,
images, illustrations, promotional materials, downloads, software, audio, video
and any other items or expressions included in or available through this Web Site.
“Marks” means all trademarks, service marks, logos, graphics, designs, page headers,
button icons, scripts, domain names, metatags, trade dress, and trade names applicable
to the business, operations, facilities, and services of TIC Properties.
Proprietary Rights.
The Marks are owned exclusively by TIC Properties or its affiliates and may not
be copied, imitated, or used, in whole or in part, without the prior written consent
of TIC Properties. The Marks may not be used in connection with any product or
service that is not owned or provided by or affiliated with TIC Properties, in
any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits TIC Properties. Other trademarks, service marks,
logos, graphics, product names and company names not owned by TIC Properties that
may appear on this Web Site are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored by TIC Properties.
All Content on this Web Site is protected by copyrights, trademarks, service
marks, and/or other intellectual property rights, and is owned and controlled
by TIC Properties or its affiliates, or by third party content providers, merchants,
sponsors, and licensors (collectively "Providers") that have licensed their content
to TIC Properties. Content on this Web Site is solely for your personal, non-commercial
use. You may print a copy of the Content for your personal, non-commercial use
only, but you may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit the Content in any way (including by e-mail or other electronic
means) for commercial use without the prior written consent of TIC Properties
or the Providers, as applicable.
Without the prior written consent of TIC Properties or the Providers, as applicable,
your modification of the Content, use of the Content on any other web site or
networked computer environment, or use of the Content for any purpose other than
personal, non-commercial use, violates the rights of the owners of the www.ticproperties.com
and/or the Provider copyrights, trademarks or service marks, and other proprietary
rights, and is prohibited. You may not use on any other web site any trademarks,
service marks or copyrighted materials appearing on this Web 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 on this Web Site without prior written
consent of TIC Properties.
Use of Web Site.
In using this Web Site, you agree that you will comply with all applicable national,
state or local laws, statutes, regulations and ordinances; and that you will not
use any device, software, routine or other means to interfere with or attempt
to interfere with the proper working of this Web Site or otherwise restrict or
inhibit another user from using and enjoying this Web Site. As a condition of
your use of this Web Site, you warrant to TIC Properties that you will not use
this Web Site for any purpose that is unlawful or prohibited by these Terms, including
without limitation the posting or transmitting of any threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material, or any material
that violates intellectual property rights of other parties. You may not establish
a hyperlink to this Web Site or provide any links that state or imply any sponsorship
or endorsement of your web site by TIC Properties, or its affiliates or Providers.
Links to Other Web Sites.
This Web Site may contain links to other web sites ("Linked Sites"). The content
of any Linked Sites is not under the control of TIC Properties, and TIC Properties
is not responsible for, and does not endorse, that content, whether or not TIC
Properties is affiliated with the owners of the Linked Sites. The Linked Sites
are provided for your convenience and information only and, as such, you access
them at your own risk.
Information Provided by Third Parties.
Certain information on this Web Site may be provided by third parties, and TIC
Properties Management assumes no responsibility or liability for such information.
Disclaimer of Warranties.
THIS WEB SITE AND ITS CONTENT ARE PROVIDED ONLY ON AN “AS IS” AND “AS AVAILABLE”
BASIS. TIC PROPERTIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB
SITE; AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION ACQUIRED
PURSUANT TO YOUR USE OF THIS WEB SITE; THAT THIS WEB SITE OR ITS CONTENT WILL
BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; THAT
DEFECTS WILL BE CORRECTED; THAT THIS WEB SITE OR ITS CONTENT ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS; OR THAT THIS WEB SITE OR ITS CONTENT WILL MEET YOUR
REQUIREMENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TIC PROPERTIES DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability.
ANY SITE CONTENT YOU ACCESS OR DOWNLOAD IS AT YOUR OWN DISCRETION AND RISK. YOU
AGREE THAT TIC PROPERTIES AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE NOR IN ANY
WAY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGE
THAT OCCURS DUE TO SUCH ACCESS OR DOWNLOADS. YOU EXPRESSLY AGREE THAT NEITHER
TIC PROPERTIES NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION OR OPERATION
OF THIS WEB SITE IS 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 ANY KIND OR CHARACTER WHATSOEVER BASED UPON
OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED
SITE, WHETHER BASED ON BREACH OF WARRANTY (EXPRESS OR IMPLIED), BREACH OF CONTRACT,
NEGLIGENCE, STRICT TORT LIABILITY, OR OTHERWISE, EVEN IF TIC PROPERTIES HAS BEEN
ADVISED OF THE POSSIBILITY OR LIKELIHOOD THEREOF.
BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TIC
PROPERTIES AND RELATED PERSONS AND ENTITIES WILL 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 APPEARING ON THIS WEB
SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TIC PROPERTIES MANAGEMENT IS NOT
LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
SUBSCRIBERS OR THIRD PARTIES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THOSE JURISDICTIONS, TIC PROPERTIES LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification.
You agree to indemnify, defend, and hold harmless TIC Properties, the Providers,
and their respective officers, directors, employees, affiliates, agents, licensors,
and suppliers, from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation by you of these Terms,
or from the infringement by you (or any other user of this Web Site through the
use of your computer or other device) of any rights (including, without limitation,
copyright, patent, trademark, service mark, trade dress, trade secret, privacy,
and publicity rights) of others.
General Provisions.
Benefited Parties: These Terms are for the benefit of TIC Properties, the Providers, and their
respective officers, directors, employees, affiliates, agents, licensors, and
suppliers. Each of these individuals or entities will have the right to assert
and enforce these Terms directly against you on its or their own behalf.
Severability: If any provision of these Terms is held invalid, void, or unenforceable by
a court of competent jurisdiction, the remaining provisions will nevertheless
continue in full force and effect without being impaired or invalidated in any
way.
Waiver: Any waiver of any of the terms and conditions set forth herein will be effective
only if in writing and signed by TIC Properties and the failure of TIC Properties
to exercise or enforce any of such terms and conditions will not constitute a
waiver of such right or provision.
Web Site Changes: TIC Properties retains title and ownership of this Web Site. TIC Properties
may, at any time and from time to time, change, suspend or discontinue any aspect
of this Web Site, including the availability of any feature, database, or Content.
TIC Properties may, at any time and from time to time, impose limits on certain
features and services or restrict user access to all or any parts of this Web
Site.
Governing Law: The Terms will be governed by and construed in accordance with the laws of
the State of South Carolina, without reference to its conflicts of law rules.
You hereby submit to the exclusive jurisdiction of the federal and state courts
located in Greenville County, South Carolina with respect to any claim or suit
arising out of or connected in any way with this Web Site or these Terms, and
you hereby waive any right to assert jurisdiction or venue in any other court.
Entire Agreement: These Terms, and any applicable written agreement between you and TIC Properties
constitute the entire agreement and understanding between you and TIC Properties
with respect to the subject matter hereof and supersede all prior oral or written
agreements or understandings between you and TIC Properties relating thereto.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TIC PROPERTIES.
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