Terms of use

SacksRealtyOnlineTerms of use

TERMS OF USE

Effective as of September 05, 2017

Please read these Terms of Use and, if you agree with them, click the “I Accept” button below. By clicking the “I Accept” button, you acknowledge and confirm that you have read, understood and agree to abide by these Terms of Use. If you do not accept all of these Terms of Use, you will not be permitted to access the Site (as defined below). These Terms of Use constitute a legal agreement between you and Sacks Realty Co. and its affiliates with respect to the subject matter set forth herein. The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to persons under age 18. By clicking the “I Accept” button below, you represent and warrant that you have the authority to bind the User (as defined below) to these Terms of Use.

THE SITE

Sacks Realty Co. provide, through use of the website www.sacksrealtyonline.com (the “Site”), information regarding Sacks Realty services. This Site is owned and operated by Sacks Realty Co. or one of its affiliates and is being provided to you under the following terms and conditions and any rules, policies and procedures that may be published from time to time on the Site by Sacks Realty Co. (and shall be incorporated into these Terms of Use by reference).

These Terms of Use govern access to and use of the Site by investors and other visitors to the Site. Only investors and other users for whom Sacks Realty Co. provides login credentials (each, a “Registered User”) may access the restricted areas of the Site (the “Restricted Areas”). For the purposes of these Terms of Use, “you” or “your” shall refer to you as a visitor to or Registered User of the Site.

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.

As a condition to your use of the Site, you represent and warrant to, and agree with, Sacks Realty Co. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

USE LIMITATIONS

Sacks Realty Co. hereby grants you a non-exclusive, non-transferable personal license to access and use the Site solely for your personal or internal business purposes in connection with your or your organization’s current or potential investment activities with Sacks Realty Co., and in accordance with these Terms of Use. You may print pages from the Site solely for such permitted use, provided that (i) all copyright, trademark and other proprietary rights notices must appear on all copies, (ii) the content on the Site may not be modified or altered in any way, and (iii) no graphics may be used separate from accompanying text. Other than as expressly provided in this paragraph, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site. Except for the limited right to access and use the Site in accordance with these Terms of Use, nothing contained herein transfers any right, title or interest in or to the Site or its content to you. Any rights not expressly granted herein are reserved by Sacks Realty Co.

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.

Unauthorized access to and/or use of the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of these Terms of Use and is a violation of law.

REGISTRATION INFORMATION

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 materials, content and information available on the Site are for information purposes only and do not constitute any investment advice or advertisement or an offer to sell or a solicitation of an offer to purchase any share/interest in any investment vehicle. Except for these Terms of Use, access to or use of the Site will not create any legal relationship between you and Sacks Realty Co..

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.

PERFORMANCE DATA

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

The Site and all of its content are the property of Sacks Realty Co. or its affiliates and are protected by U.S. and international copyright and other intellectual property and related laws, rules and regulations, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Site (each, a “Mark”), whether registered or unregistered, are proprietary to Sacks Realty Co. or its affiliates or third parties who have licensed such marks to any of them. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without the prior written permission of Sacks Realty Co. or such applicable affiliate or third party licensor. Your use of any content on the Site, whether owned by Sacks Realty Co. or any of its affiliates or any third party, without Sacks Realty Co.  express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any copyrighted material available on the Site or the Marks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of Sacks Realty Co..

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.

CONFIDENTIALITY

All information in the Restricted Areas of the Site is confidential and private and you may not disclose or distribute such information to any other person for any purpose without the prior consent of Sacks Realty Co., which may be granted or withheld in its sole and absolute discretion. You may only use such confidential information in connection with your use of the Site or the services provided by Sacks Realty Co. through the Site or in connection therewith, in accordance with these Terms of Use. You shall take reasonable measures to protect such confidential information from disclosure to third parties. You are responsible for all unauthorized uses or disclosures of such confidential information by any third party to whom you disclose such confidential information. You agree that any actual or threatened breach of these confidentiality and non-use obligations by you would cause irreparable harm to Sacks Realty Co., and that money damages will not provide an adequate remedy. In such case, you agree that Sacks Realty Co. or any of its affiliates is entitled to seek (without limiting any other rights or remedies) an injunction or other equitable relief, and you waive the posting of any bond or surety in connection therewith.

COPYRIGHT INFRINGEMENT

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.

PRIVACY

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.

CYBERSECURITY WARNING

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

We may, at our discretion, change, modify, add or remove portions of these Terms of Use at any time without notice to you. We suggest that you check these Terms of Use periodically for changes. These Terms of Use can be accessed from the link at the top of the Site. If you use the Site after we post changes to these Terms of Use, you accept the changed Terms of Use.

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.

INDEMNITY

You agree, at your own expense, to indemnify, defend and hold harmless Sacks Realty Co. Realty Partners, LP, its affiliates and their respective directors, officers, partners, managers, members, employees, agents, contractors and licensees, from and against any and all judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, actions, proceedings and expenses (including, without limitation, reasonable attorneys’ fees and court costs) incurred in, arising out of or in any way related to your breach of these Terms of Use, your use of the Site or any product or service related thereto, or any of your other acts or omissions.

APPLICABLE LAW AND JURISDICTION

These Terms of Use are governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of the State and Federal courts located in Boston, Massachusetts, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Site or any product or service related thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.

GENERAL

You agree that no joint venture, partnership, employment or agency relationship exists between you and Sacks Realty Co. as a result of these Terms of Use or your access or use of the Site. Sacks Realty Co. performance of these Terms of Use is subject to its compliance with applicable laws and regulations, and nothing in these Terms of Use is in derogation of Sacks Realty Co. right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sacks Realty Co. with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision shall be deemed severed and the remainder of these Terms of Use shall continue in effect. These Terms of Use and Sacks Realty Co. Privacy Notice (as each may be updated from time to time) constitute the entire agreement between you and Sacks Realty Co. with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between us with respect to the Site. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth. You shall not assign or otherwise transfer these Terms of Use, in whole or in part, or delegate or subcontract any of your rights or obligations hereunder, without Sacks Realty Co. prior written consent. Any attempted transfer or delegation by you without such consent will be void. These Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns.

You may contact Sacks Realty Co. at the address provided below with any questions about these Terms of Use:

Sacks Realty Co.

225 St. Pauls Ave.  –  Suite 1D  –  Jersey City  –  NJ  –  07306

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