By using this website, you signify your assent to the following terms and conditions of use without limitation or qualification. If you do not agree to these terms, do not use this website. Please read these conditions carefully before using this website. Digital Colony may at any time revise these terms and conditions by updating this posting. The most current version of the terms and conditions is always the version published on this website. You are bound by any such revisions and should therefore visit this page each time you use this website to review the then current terms and conditions to which you are bound.
The information on this website is provided for informational purposes only. Nothing contained in this website constitutes or is to be relied upon as tax, accounting, legal, investment or other professional advice. Neither the information nor any opinion contained in this website constitutes a solicitation or offer by Digital Colony or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction pursuant to this website or in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this website are the sole responsibility of the visitor, and in exchange for using this website, the visitor agrees to hold Digital Colony and its affiliates harmless against any claims for damages arising from any decisions that the visitor makes based on such information.
The information provided on this website is provided "AS IS" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Digital Colony disclaims all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Digital Colony does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this website and Digital Colony expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on this website.
Certain materials contained on this website may contain forward-looking statements. Forward-looking statements are typically identified by words or phrases such as likely, believe, expect, anticipate, intend, estimate, position and variations of such words and similar expressions, or future or conditional verbs such as will, would, should, could, may or similar expressions. Digital Colony cautions that these forward-looking statements are subject to numerous assumptions, risks and uncertainties, all of which change over time, and Digital Colony assumes no duty to update forward-looking statements. Actual results could differ materially from those anticipated in these forward-looking statements and future results could differ materially from historical performance.
You agree not to restrict or inhibit other users from using this website by any means including by overburdening, damaging, or disabling any Digital Colony server on which this website resides. You agree that you will not attempt to post or transmit any unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise inappropriate materials, post or transmit any information or software that contains a virus or other harmful or disruptive component or malware or post or transmit materials in violation of the intellectual or proprietary rights of Digital Colony or any third party.
You agree not to use this website or any materials included in or extracted from this website in any way which is unlawful. You agree that, if applicable, you will not access or attempt to access password protected, secure or non-public areas of this website and understand that you may be subject to prosecution if you attempt to access such prohibited areas of this website. As requested by Digital Colony you agree to provide true and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity.
You agree that you will not re-publish, re-transmit or otherwise incorporate materials from this website in any document in any medium of publication or provide any such materials to a third party without Digital Colony’s permission. If you download any information from this website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
Trademarks and Copyrights
All trademarks, service marks, trade names, and logos displayed on this website are proprietary to Digital Colony and others. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Digital Colony or such other third party that may own the trademark displayed on this website. Your use of the trademarks displayed on this website, except as provided herein, is strictly prohibited.
The use of the images displayed on this website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The content contained in this website is protected by copyright laws. Accordingly, you may not copy, distribute, modify, post or frame this website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this website provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video, without Digital Colony's written permission. Modification or use of the materials for any other purpose violates Digital Colony's intellectual property rights.
Links to Other Websites
Digital Colony may establish links between this website and one or more websites operated by third parties. Digital Colony has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement, representation or warranty by Digital Colony of such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Digital Colony disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our website.
Links to Digital Colony from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by Digital Colony. If you desire to display on your website a hyperlink to a Digital Colony website, you must enter into a written agreement with Digital Colony governing such display. Access to any Digital Colony website does not authorize you to use any of Digital Colony's names, logos, trademarks or copyrighted material, and you agree not to do so without Digital Colony's express written consent.
Transmissions to and from this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this website may not be secure. Communications to Digital Colony, particularly those containing confidential information, may be sent by mail to: Digital Colony Management, LLC; 750 Park of Commerce Drive, Suite 200, Boca Raton, FL, 33487 attn: General Counsel. Digital Colony shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to Digital Colony through this website.
Jurisdiction and Governing Law
The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Digital Colony or its affiliates to any registration requirement within such jurisdiction or country.
The laws of the State of New York govern these terms and conditions of use. If you take legal action relating to these terms and conditions of use, you agree to file such action only in the New York State Supreme Court located in New York, NY, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with Digital Colony.
Limitation of Liability
Digital Colony and its affiliates WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE, INCLUDING DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM). THIS IS TRUE EVEN IF DIGITAL COLONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
No waiver by Digital Colony of any right under or term or provision of these terms and conditions of use will be deemed a waiver of any other right, term, or provision of these terms and conditions of use at that time or a waiver of that or any other right, term, or provision of these terms and conditions of use at any other time.
Integration and Severability
If any provision of these terms and conditions of use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.
The preceding terms and conditions of use represent the entire agreement between Digital Colony and the user relating to the subject matter herein.