Terms and Conditions of Use for Rebuild-Stronger.com
Effective Date: [Date]
By accessing or using this website, rebuild-stronger.com (the “Site”), which is operated by Hillstone Real Estate
and its affiliates (collectively, “Rebuild Stronger”, “we”, or “us”), you hereby accept and agree to comply with these Terms and Conditions of Use. You acknowledge your understanding that these Terms and Conditions of Use constitute a binding agreement between you and Rebuild Stronger that governs your access and use of the Site. This includes any images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services, and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of the Content available on or through the Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS IN THEIR CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE AND ALL OTHER AGREEMENTS IS A CONDITION TO YOUR RIGHT TO ACCESS THE SITE. YOUR BREACH OF ANY PROVISION OF THESE TERMS AND CONDITIONS OF USE OR OTHER AGREEMENTS WILL AUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THE SITE AND YOU WILL BE FULLY LIABLE FOR ALL CLAIMS AND CAUSES OF ACTION ARISING FROM OR RELATING TO YOUR CONTINUED USE OF THE SITE AFTER SUCH BREACH.
Limited Right to Use
Rebuild Stronger grants you a limited, non-exclusive, non-transferable right to use the Site for your personal, non-commercial use. Your right to use the Site is subject to your agreement to abide by these Terms and Conditions of Use in their entirety, as well as any other rules, procedures, policies, terms, or conditions that govern all or any portion of the Site. At any time and for any reason, Rebuild Stronger may revoke your right to use all or any portion of the Site.
Updates to the Site and Terms
Rebuild Stronger reserves the right to make changes to the Site and these Terms and Conditions of Use at any time without prior notice to you. For this reason, each time you use the Site, you should visit and review the then-current Terms and Conditions of Use that apply to your use.
Site Security
You may not violate or attempt to violate the security of the Site. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, or “crashing;” (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) reverse engineering, decompiling or disassembling the underlying software. Any violations of system or network security may result in civil and criminal liability.
Ownership of Materials on Site
You may download or copy Content only to the extent such download is expressly permitted in writing on the Site. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software. Nothing on the Site shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo, or service mark on the Site. Rebuild Stronger reserves all rights with respect to copyright and trademark ownership of all material on the Site and will enforce such rights to the full extent of the law.
No Investment or Professional Advice
The Content on this website is provided for informational and educational purposes only. No Content or other material on the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of Rebuild Stronger or any other issuer.
Rebuild Stronger is not utilizing the Site to provide investment, financial, legal, tax, or other professional advice. No information or material at the Site is to be deemed a recommendation to buy or sell any property or security, or is to be relied upon for the purpose of making or communicating investment or other decisions. You should consult your own legal, tax, and financial advisors for advice on your specific situation. Rebuild Stronger does not advise on the tax consequences of any investment.
Investment Risk and Past Performance
Real estate investment is highly speculative and involves substantial risk of loss. Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Any transactions, case studies, or examples listed on the Site are included as representative examples and are not necessarily reflective of overall performance or the results you may achieve.
No Warranty; Limitation on Liability
BY USING THE SITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE SITE, ITS CONTENT, AND RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER REBUILD STRONGER NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. REBUILD STRONGER AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES WILL REBUILD STRONGER OR ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, INVESTMENT LOSSES, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF REBUILD STRONGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Third-Party Content and Linked Sites
References on this Site to any names, marks, products, or services of third parties, or hypertext links to third-party sites, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement or recommendation of the third party. We are not responsible for the Content of any third-party sites and do not make any representations regarding third-party materials or services. If you decide to link to any such third-party sites, you do so entirely at your own risk.
Termination of Use
These Terms and Conditions of Use are effective unless and until terminated by either you or Rebuild Stronger. You may terminate these Terms and Conditions at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms and Conditions, in our sole discretion, at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Indemnification
As a condition of your use of the Site, you agree to indemnify and hold Rebuild Stronger and its Associates harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorney’s fees), as incurred, arising from your use of the Site or related services or from your violation of these Terms and Conditions of Use.
Effect on Other Agreements
Nothing contained in these Terms and Conditions of Use is intended to modify or amend any other written agreement you may have with Rebuild Stronger (including without limitation any customer agreement, program agreement or account agreement) (“Other Agreements”). In the event of any inconsistency between these Terms and Conditions of Use and any Other Agreements, the Other Agreements will govern.
Governing Law
These Terms and Conditions of Use are governed by the laws of the State of California, without regard to its conflict of law provisions. Any claim related to any dispute arising as a result of the Site or under these Terms and Conditions of Use will be made before a court of competent jurisdiction located in Los Angeles, California. If any provision of these Terms and Conditions of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.
Arbitration
By using the Site, you agree that Rebuild Stronger, at its sole discretion, may require you to submit any disputes arising from the use of the Site, related services or these Terms and Conditions of Use concerning or, including disputes arising from or concerning their interpretation, violation, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of California as set forth in the previous section, and the arbitration shall take place in Los Angeles, California.