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Terms

Terms of Use
Welcome to the TenantWise Web site (the "Site") These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with TenantWise ("TenantWise") for other products or services. TenantWise reserves the right, in its sole discretion to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time. Any changes or modification will be effective upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. By accessing, browsing, and using this Site, you agree to be bound by the terms and conditions described below and all policies and guidelines incorporated by reference. IF YOU DO NOT AGREE TO these Site Terms OR ANY SUBSEQUENT MODIFICATION, do not access, browse or otherwise use this site. All questions, inquiries or comments about the Site or its contents should be directed to webmaster@TenantWise

Your License to Access TenantWise

Subject to the terms outlined below, TenantWise grants you a limited license to make use only of the Site for your real estate leasing requirements, and for no other commercial use. Such grant does not include, without limitation (a) any resale or commercial use (other than for your real estate leasing requirements) of the Site or content therein; (b) making derivative uses of the Site or its contents; or (c) use of any data mining, robots, or similar data gathering and extraction methods. Except as expressly stated in these Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, trade secret, copyright, or other proprietary right of TenantWise or any third party. Elements of the Site, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trademark, copyright and other laws and may not be copies or imitated in whole or in part. No logo, graphic, sound, image or other element from the Site may be copied, reproduced, redistributed or retransmitted unless expressly permitted by TenantWise, in writing. You may not use, frame or utilize framing techniques to enclose any TenantWise trademark, logo or other proprietary information (including, but not limited to the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without TenantWise's express written consent. Further, you may not use any metatags or any other "hidden text" utilizing a TenantWise name, trademark, or product name without TenantWise's express written consent. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes. All violations will be prosecuted to the fullest extent of the law.

Copyright Notice

All copyrighted and copyrightable materials on this Site, including, without limitation, the TenantWise logo, design, text, video, forms, photographs, software, graphics, pictures, sound files and other files (the "Materials") and the selection and arrangement thereof are copyright 2000 TenantWise, 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 TenantWise 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 real estate leasing needs), and informational use only; provided that, you may not without the permission of TenantWise 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.

Trademark Protection

TenantWise, the TenantWise logo, all other trademarks, service marks and trade names of TenantWise and its suppliers and the products and services described in this Site are the trademarks or registered trademarks of TenantWise and/or its supplies and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TenantWise or its suppliers or licensors. Also, page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade address TenantWise, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TenantWise. All other trademarks, registered trademarks, product names mentioned herein are the property of their respective owners.

Links to Third-Party Sites

The links throughout the Site will let you leave TenantWise. These linked sites are provided as a courtesy only and are not under the control of TenantWise. TenantWise is therefore not responsible for the contents of any linked site or any link contained in any linked site, or any changes or updates to any such sites. TenantWise is providing these links to you merely as a convenience, and the inclusion of any link does not imply the endorsement of that link, or links contained therein, by TenantWise. When leaving the TenantWise site, you should be aware that TenantWise's terms and policies no longer govern (even if the TenantWise log, banner or tool bar is still visible on the screen), and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that other site.

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 TenantWise, or posting to open forums on this Site, are non-confidential and shall become the sole property of TenantWise. TenantWise 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 TenantWise, 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 chat rooms 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 message, data, information, text, graphic or other material ("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 TenantWise's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. TenantWise 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, TenantWise is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.

Monitoring the Site

TenantWise has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. TenantWise may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. TenantWise reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. TenantWise also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect TenantWise's system and customers, or to ensure the integrity and operation of TenantWise's business and systems, TenantWise may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. TenantWise's right to disclose any such non-confidential or non-privileged information in this circumstance shall govern over any terms of TenantWise's Privacy Policy.

Your Indemnification of TenantWise

You shall remain solely liable for the Content of any messages or other information you upload or transmit to TenantWise, including the discussion forums or interactive areas of this Site. You agree that any information you provided to TenantWise (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 and hold harmless TenantWise from 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 TenantWise.

S.E.C. Disclosure

This Site together with any documents issued by TenantWise 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 appear in a number of places in this Site together with any documents issued by TenantWise 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 TenantWise should not be deemed accurate or current except as of the date the release was posted. TenantWise had no intention of updating, and specifically disclaims any duty to update, the information 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. TenantWise may provide links to third-party Web sites or services that contain financial or investment information about TenantWise. Access to such sites and the information contained therein is provided as service to those interested in the information. TenantWise neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, TenantWise does not endorse or adopt these sites or any information contained therein, including, without limitation, analysts' reports and stock quotes. TenantWise 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. Those interested in investing in TenantWise should consult with the materials field with the SEC.

Disclaimer

THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TENANTWISE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TENANTWISE.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TENANTWISE.COM 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. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TENANTWISE.COM AND ITS VENDORS AND/OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DOCUMENTS AND/OR GRAPHICS DESCRIBED HEREIN AT ANY TIME. TenantWise 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 TenantWise, unless specifically so indicated.

Limitation of Liability

IN NO EVENT SHALL TENANTWISE.COM, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

Certain laws do not allow limitations or implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Privacy

TenantWise believes strongly in protecting visitor privacy. Therefore, TenantWise has adopted a Privacy Policy. You should refer to our Privacy Policy to fully understand how TenantWise uses and collects information, security features of the site, and handling of confidential information.

Data Collected and Use Thereof

TenantWise collects and stores various kinds of "personally identifying information" from users of the Site including personal information (i.e., individual and company name, address, e-mail), and may in the future collect transactional information (i.e., tours taken, leases executed, etc.), or secure information (i.e., passwords). We also collect "aggregate information" such as site traffic, page views or impressions. Such aggregate information is not correlated to you or any other user of the Site.

In addition, we may make use of "cookies." Cookies are small pieces of information or files that are stored on a user's computer by the Web server through a user's browser for record keeping purposes. The information can be retrieved by the same Web server in order to personalize, monitor, or regulate the use of the site. Cookies allow TenantWise to automate access and data entry functions of the site such as login information, store on-line ordering information for purchases a user makes while at the site, and tailor the site to a user's preferences or interest. In addition, cookies allow TenantWise to track usage of the site to determine those areas of the site which are useful or popular and those that are not, thereby enabling TenantWise to improve and update the Site effectively. Cookies may not be used to read any information from your computer other than that information which corresponds to the particular Web site contained in its cookie. You may adjust your Web browser to either alert you of the use of cookies or refuse to accept cookies entirely. However, if you elect not to accept cookies, some parts of the site may not function properly or permit access. We do not sell, trade, rent or otherwise disclose any personally identifying information to any third party. We may provide aggregate information regarding our customers, sales, site traffic, and related site information to third parties but in no event will we disclose any personally identifying information. In addition, we may send you information regarding various products or services that may be of interest to you. In any such communication, you will be able to "opt out" so as to not receive any further marketing from TenantWise by following the instructions included in the communication.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and entirely to be performed within the State of New York without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in New York, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Rights of Termination

Notwithstanding any of these terms and conditions, TenantWise reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Severability of Provisions

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Consent

By using our Site, you consent to the collection and use of this information by TenantWise. If we decide to change our privacy policy, we will post those changes on this page. By continuing to use our site after the posting of any changes, you agree to those changes.
 
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