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Arbor reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.
This Website may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under the control of Arbor, and Arbor is not responsible for, and does not endorse, such content, whether or not Arbor is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Website or provide any links that state or imply any sponsorship or endorsement of your own Website by Arbor or its subsidiaries or affiliates.
All content on this Website is provided “as is” and without warranties of any kind either expressed or implied. Other than those warranties, which, under the U.S. laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, Arbor disclaims any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Arbor, nor its affiliated or related entities, nor any person involved in the creation, production and distribution of this Website warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this Website is provided solely for your convenience and information only. Arbor does not warrant or make any representations regarding the results that may be obtained from the use of this Website or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this Website.
The content that you access on this Website is provided solely for your convenience and information. All opinions, news, research, analyses, prices or other information is provided as general market commentary and not as investment advice; all information is subject to change. Arbor does not warrant or make any representations regarding the results that may be obtained from the use of this Website or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this Website. This Website may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Any such forward looking statements are inherently speculative and are based on currently available information about future events and trends. As such, they are subject to numerous risks and uncertainties.
The Website may contain sections that allow you to insert comments, participate in discussion or other access other interactive features (collectively, the “Forums”) in which you may post or upload user-generated content, comments, messages, images and other materials (collectively, the “User Content”). You are solely responsible for your use of Forums and you use them at your own risk. The Forums are available for individuals aged 18 years or older. By submitting User Content to a Forum, you represent and warrant that you are 18 years of age or older.
By submitting any User Content or participating in a Forum, you represent and warrant that you will not upload, post or otherwise transmit any User Content that: (a) violates or infringes in any way upon the rights of others; (b) you know to be false, misleading or inaccurate; (c) contains expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content or that is otherwise obscene or lewd; (e) violates any law or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right.
In addition, you agree not to: (a) represent or suggest that Arbor has endorsed your User Content; (b) upload or post any User Content or other materials which contain a virus or other harmful or disruptive component; (c) use any technology, service or automated system to post more User Content than an individual could upload in a given period of time; or (d) to direct any third party to use the Forums on your behalf. Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using the Forums will not be permitted.
We have the right, but not the obligation, to monitor User Content posted or uploaded to the Forums to determine compliance with these Terms. Although we have no obligation to monitor User Content posted or uploaded to the Forums, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Forums at any time and for any reason. You agree that you are solely responsible for creating backup copies of and replacing any User Content posted to the Forums at your sole cost and expense. Any decision by Arbor to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of the Forums.
By submitting User Content to the Forums, you grant Arbor a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense such User Content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any other party. You hereby represent and warrant to us that you have the full legal right and authority to grant to us the license provided for herein and that neither the exercise of the rights granted herein nor the User Content shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity.
You agree that, except with our express prior written permission or as permitted by applicable laws, you will not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, republish or transmit the Forums or content posted by us or other subscribers (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose. You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the content; (b) such content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such content.
This Website features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of, or are licensed to Arbor, its subsidiaries and content providers. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without the express written permission of Arbor or any such third party that may own a Mark displayed on the Website. Unless otherwise noted, the graphic images, buttons and text contained in this Website are the exclusive property of Arbor and its subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Arbor.
Arbor does not accept or consider any creative ideas, suggestions or materials from the public (“Submissions”), therefore, you should not make any Submissions to Arbor. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of Arbor. Arbor shall exclusively now and hereinafter own all rights, title and interest therein. Arbor will be free to use any Submissions for any purpose whatsoever.
You expressly agree that use of this Website is at your sole risk. You (and not Arbor) assume the entire cost of all necessary servicing, repairs or correction of your own system. You expressly agree that neither Arbor, nor its affiliated or related entities, nor any of their respective employees or agents, nor any person or entity involved in the creation, production and distribution of this Website is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this Website or any other Linked Site. By way of example, and without limiting the generality of the foregoing, Arbor and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal information or personal records, or that of any third party, or the reliance upon or use of data, information, opinions or other materials appearing on this Website. You expressly acknowledge and agree that Arbor is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, the liability of Arbor is limited to the greatest extent permitted by law.
The information contained herein is confidential and may not be shared by any user to any party that is not a secured party to this Website without the prior written consent of Arbor.
You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any other agreements you may have with Arbor or any of its affiliates and (ii) you will establish commercially reasonable security procedures and controls to limit access to the Website, your password and other identifying information only to individuals or other third parties that are expressly authorized by you to have such access.
You agree to indemnify, defend and hold harmless Arbor, its officers, directors, employees, affiliates, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from the misuse of the Website and from any violation by you of these Terms, including, without limitation, any theft or unauthorized use of your use of your personal information or personal records.
These Terms are for the benefit of Arbor, its officers, directors, employees, affiliates, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Arbor collects several types of information from and about users of our Website, including personal information that is about you but individually does not identify you, such as about your internet connection, the equipment you use to access our Website and usage details. Arbor collects this information directly from you when you provide it to us and automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies. As you navigate through and interact with our Website, Arbor may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website. Information about your computer and internet connection, including your IP address, operating system and browser type.
The information Arbor collects may include personal information and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps Arbor to improve our Website and to deliver a better and more personalized service, including enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Website according to your individual interests, speed up your searches, and recognize you when you return to our Website. The technologies Arbor uses for this automatic data collection may include Cookies, Flash Cookies and Web Beacons. Arbor does not collect personal information automatically, but Arbor may tie this information to personal information about you that Arbor collects from other sources or you provide to us.
Arbor uses information that we collect about you to, among other reasons, present our Website and its contents to you and to provide you with information. We may disclose aggregated information about our users and information that does not identify any individual, without restriction.
Arbor may disclose personal information that we collect to our subsidiaries and affiliates, contractors, service providers and third parties, comply with a court order, law or legal process, enforce or apply our Terms, and if we believe disclosure is necessary to protect the rights, property, or safety of Arbor Realty Trust, Inc.
NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Section 512(c) (“Act”), written notice of any claimed copyright infringement relating to the activities of service providers under section 512 of the Act must be submitted to the Designated Agent named below. ANY NOTICE SENT TO THE DESIGNATED AGENT MUST MEET THE REQUIREMENTS OF SECTION 512(C)(3) OF THE ACT.
Service Provider(s): Arbor Realty Trust, Inc.
Designated to Receive Notification of Claimed Infringement:
Name: General Counsel
Address: 333 Earle Ovington Boulevard, Suite 900
This contact information is provided only for the purposes stated above.
When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim in accordance with the Act.
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire agreement between Arbor, its affiliated or related entities and you with respect to the use of the Website and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published Terms or understanding, the last
published Terms or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Arbor.