Effective as of September 05, 2017
The Site is controlled and offered by Sacks Realty Co. from the United States of America. The Site is intended for use by United States residents only, and should not be used by any person in any jurisdiction where such use is contrary to local law or regulation. Sacks Realty Co. makes no representation that the Site or any content contained on the Site is appropriate or available for use in other jurisdictions. If you are a non-U.S. resident and you access the Site, you do so at your own risk and are responsible for compliance with local laws and regulations.
Software from the Site and any data included on the Site is further subject to United States export controls. Software and data from the Site may not be downloaded or otherwise exported or re-exported outside the United States in violation of any applicable U.S. export laws and regulations.
You agree that you are responsible for your actions in connection with your access to or use of the Site or its content, including, without limitation, any content transmitted or posted by you through the Site; Sacks Realty Co. shall not be liable for the content of your communications, postings or data transmitted through the Site or for any unlawful use by you of the Site or its content. You are prohibited from using the Site to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures that we may use to prevent or restrict access to the Site. You shall not, directly or indirectly, reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site. You further agree: (i) to abide by all applicable laws and regulations in your access to or use of the Site or its content; (ii) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) not to use the Site to unlawfully collect or harvest personal or financial information about Sacks Realty Co. or third parties, including, without limitation, other users of the Site; (iv) not to post, promote or transmit through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful or otherwise objectionable material of any kind or nature; (v) not to interfere with a third party’s use or enjoyment of the Site; and (vi) not to upload or distribute in any way files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Site or another’s computer or operating system.
Any and all investors currently holding interests in investment vehicles managed by Sacks Realty Co. will be provided login credentials by Sacks Realty Co. to access the Restricted Areas of the Site. In some instances, Sacks Realty Co. may provide prospective investors with login credentials for limited access to certain areas of the Site. If you are a current investor and have not received any login credentials, please contact Sacks Realty Co. to obtain access to the Restricted Areas of the Site.
In order to use the Restricted Area, a Registrant must: (i) provide certain current, complete, and accurate information about the Registrant as requested by Sacks Realty Co.; and (ii) maintain and update such Registrant information as required to keep information current, complete, and accurate. (iii) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; (iv) provide for the Registrant’s own access to the Web; and (v) pay any telephone, data, hosting or other service fees associated with such access. Sacks Realty Co. reserves the right to decline to provide you with access, or to terminate your access, to any Restricted Areas if Sacks Realty Co. learns that you have provided it with false, misleading or inaccurate registration information.
REGISTRANT LOGIN CREDENTIALS
You are responsible for maintaining the confidentiality of your login credentials. You are entirely responsible for any and all activities which occur under your login credentials whether or not authorized by you. Although Sacks Realty Co. will not be liable for losses caused by any unauthorized use of Registrant’s account, Registrants may be liable for the losses of Sacks Realty Co. or others due to such unauthorized use.
You may not allow others to use your login credentials to access or use any part of the Site. You agree to (i) take reasonable steps to prevent the unauthorized use or disclosure of your login credentials, (ii) notify Sacks Realty Co. immediately of any actual or suspected loss, theft or unauthorized use of your login credentials and (iii) take any reasonable steps to prevent any further unauthorized use or disclosure. If you provide your login credentials to any third party, you will be solely responsible for any actions taken by such third party using your login credentials.
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The information on the Site is provided on a confidential basis. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The information in the Site should not be construed as Sacks Realty Co.’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Site, and Sacks Realty Co. urges you to make sure that you understand these risks before relying on, using or retrieving any information on the Site. You should evaluate the information made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information. Any investment in any privately offered investment product involves a high degree of risk and is suitable only for sophisticated investors. Registered Users of the Site must rely entirely on their own advisors as to legal, tax, financial or other matters relevant to the suitability of any investment. Sacks Realty Co. does not guarantee the suitability or potential value of any particular investment or information source.
You acknowledge that any of your requests for information are unsolicited and any information provided or made available by Sacks Realty Co. shall neither constitute nor be construed as investment advice from Sacks Realty Co. to you or to form an investment advisory relationship, or any other client relationship between you and Sacks Realty Co. or any of employees.
ANY PERFORMANCE DATA EXPRESSED ON THE SITE IS AN INDICATION OF PAST PERFORMANCE AND DOES NOT INDICATE OR GUARANTEE FUTURE RESULTS. THERE IS A POSSIBILITY OF LOSS ON ALL INVESTMENTS AND INVESTOR PRINCIPAL IS NOT GUARANTEED. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE, WHICH MAY BE SIGNIFICANTLY AFFECTED BY CHANGES IN ECONOMIC AND OTHER CONDITIONS.
DISCLAIMERS AND LIMITATION OF LIABILITY
WHILE SACKS REALTY CO. USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE, ERRORS OR OMISSIONS SOMETIMES OCCUR. THE INFORMATION, SOFTWARE AND/OR SERVICES MADE AVAILABLE ON OR THROUGH THE USE OF THE SITE MAY INCLUDE INACCURACIES OR ERRORS. THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY SACKS REALTY CO. AND NO REPRESENTATION IS MADE BY SACKS REALTY CO. WITH RESPECT THERETO.
THE USE OF THE SITE IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SACKS REALTY CO. AND/OR ITS THIRD PARTY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS. SACKS REALTY CO. AND/OR ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE USE OF THE SITE FOR ANY PURPOSE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. SACKS REALTY CO. AND/OR ITS RESPECTIVE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, INFECTION BY VIRUS OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE YOUR USE OF, ACCESS TO OR DOWNLOAD OF ANY CONTENT FROM THE SITE. IN NO EVENT SHALL SACKS REALTY CO. AND/OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SACKS REALTY CO. OR ANY OF ITS PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OWNERSHIP OF CONTENT
Anything that you transmit to the Site becomes the property of Sacks Realty Co., may be used by Sacks Realty Co. for any lawful purpose, and is further subject to disclosure as deemed appropriate by Sacks Realty Co., including to any legal or regulatory authority to which Sacks Realty Co. is subject.
Sacks Realty Co. does not permit infringing copyright activities and other infringement of intellectual property rights on its Site, and Sacks Realty Co. will remove any content on its Site if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content made available on the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you or the complaining party, such as an address, telephone number, and an electronic mail address; (v) a statement that you have or the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you or the complaining party are authorized to act on behalf of the owner of the right that is allegedly infringed. Please contact Sacks Realty Co. designated Copyright Agent to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Sacks Realty Co. investor relations team. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
If any content is believed in good faith by Sacks Realty Co. to infringe a copyright or otherwise violate any intellectual property right, Sacks Realty Co. will use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a counter-notification in response to a claim of copyright infringement with Sacks Realty Co. ‘s Copyright Agent.
To the extent that Sacks Realty Co. collects any information from Registered Users of the Site, the collection and use of such information is governed by Sacks Realty Co.’s Privacy Notice, which is available on the Site and which you should read before providing any such information to Sacks Realty Co.
Sacks Realty Co. has taken reasonable steps to prevent unauthorized access to the Site and the content thereon. However, Sacks Realty Co. cannot guarantee, and you should not expect, that your information on the Site will remain private under all circumstances. Sacks Realty Co. does not assume any responsibility or liability for any information you submit, or for your or a third party’s use or misuse of information transmitted or received, during use of the Site.
Please be aware of the following policies that can serve to protect your information: (i) we do not actively solicit or market to prospective investors; (ii) only the http://sacksrealtyonline.com website domain is authentic; (iii) under no circumstances will any of our employees ask you to provide your login credentials; and (iv) all e-mails from our employees use the @sacksrealtyonline.com domain. Generally, only members of Sacks Realty Co. investment relations team from Sacks Realty Co. will contact our investors. Please call us at the phone number below if you have any questions regarding any communication that you receive from Sacks Realty Co.. When in doubt, please call us.
LINKS TO THIRD PARTY WEBSITES
The Site may contain hyperlinks to websites operated by parties other than Sacks Realty Co., which Sacks Realty Co. may not have screened or reviewed and which may contain inaccurate, inappropriate or offensive material, products or services. Sacks Realty Co. does not control such websites, and Sacks Realty Co. assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. Sacks Realty Co. inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
MODIFICATION AND MONITORING OF SITE
Sacks Realty Co. has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason. Sacks Realty Co. may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate
TERMINATION AND CANCELLATION
Sacks Realty Co. may terminate the Site and terminate your access to the Site or any part thereof, without notice to you at any time and for any reason. Nothing set forth herein shall obligate Sacks Realty Co. to support or update the Site. Sacks Realty Co. shall not be liable to you or any third party in the event that Sacks Realty Co. exercises its right to modify or discontinue the Site or any portion thereof.
APPLICABLE LAW AND JURISDICTION
Sacks Realty Co.
225 St. Pauls Ave. – Suite 1D – Jersey City – NJ – 07306