IMT CAPITAL, LLC
WEBSITE Terms & Conditions
Welcome to www.imtcapital.com. The information offered by IMT Capital, LLC and its affiliated entities (together, “IMT”) on this website (the “Site”) is subject to the terms and conditions set forth herein (these “Terms and Conditions”). These Terms and Conditions apply to all users. By entering the Site or by reviewing any information from, or transmitting any information to, the Site you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use the Site. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. IMT reserves the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of the Site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the Site to review the Terms and Conditions.
The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with IMT. If you do not meet all of these requirements, you must not access or use the Site.
PURPOSE OF THE SITE; NO INVESTMENT ADVICE; NO RECOMMENDATIONS
The information presented on or through the Site is made available solely for informational purposes in relation to IMT and its actual or prospective real estate investments. IMT does not warrant the accuracy, completeness or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. IMT disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the content provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to make, any investment. You understand that none of the content of the Site constitutes a recommendation that you or any other person purchase, sell or hold any real estate investment or similar investment, or that you should pursue any investment strategy, and the content of the Site is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all content provided in connection with the Site is published without consideration of your individual circumstances, financial or otherwise. IMT makes no representation that any transactions, real estate investments, or services disclose on the Site are available or appropriate or suitable in any jurisdictions by you or any investor. You have accessed the Site at your own initiative, are responsible for compliance with local laws or regulations, agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any content provided in connection with the Site.
IMT does not solicit or make its services available to the public. The content provided on or through the Site may include information regarding past and/or present real estate investments managed by IMT, its affiliates and/or its personnel. It should not be assumed that any real estate investments made in the future will be comparable in quality or performance to the real estate investments described herein. Further, references to past and present real estate investments should not be construed as a recommendation of any particular investment. Current and previous real estate investments listed on the Site are not to be considered a complete list of all real estate investments historically made by IMT. The real estate investments listed should not be assumed to have been profitable. Past performance is not indicative of future results; no representation is being made that any real estate investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
FORWARD LOOKING STATEMENTS
Certain information contained on the Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of IMT as of the date such statements were made. None of IMT or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements.
The Site has not been filed with or reviewed by the U.S. Securities and Exchange Commission or any U.S. or non-U.S. governmental or self-regulatory authority. Investments in real estate involve numerous risks, including but not limited to market, economic, regulatory, tax, political, business and other risks. There can be no guarantee that an investment in real estate will be profitable, or that investors in real estate will not lose some or all of their investment.
COPYRIGHTS AND TRADEMARKS
No portion of the Site, including, without limitation, the text or images presented, may be used in any manner, or for any purpose, without the prior express written approval of IMT, except as provided herein. The compilation of all content on the Site is the exclusive property of IMT and is protected by U.S. and international copyright and other laws. All software used on the Site is the property of IMT or its software suppliers and is protected by U.S. and international copyright and other laws.
By entering the Site you acknowledge and agree that each name, logo, trademark, service mark, tradename, graphic and other materials contained on the Site is owned or licensed by IMT (or otherwise used by IMT with permission) and may not be used by you without the prior express written approval of IMT. Information or images of places or people are either the property of IMT or used on the Site by IMT with permission. IMT reserves all of its intellectual property rights in the Site and in the content included on the Site and will enforce its intellectual property rights to the full extent of the law. You agree not to sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of any such intellectual property from the Site without express written permission from IMT. Your use of any such intellectual property is prohibited unless specifically permitted by IMT. Any unauthorized use of such intellectual property may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy, and publicity rights.
NOTICE OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Site infringes your copyright, please send us a notice containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
- Contact information for the notifying party, including name, address, telephone number, and email address.
- A statement that you have 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit this notice to IMT Capital, LLC at 15303 Ventura Blvd, No. 200, Sherman Oaks, CA 91403, Attn. Andrew Wizenberg, or via the following email address: firstname.lastname@example.org.
RESTRICTED USE OF SITE MATERIALS
IMT grants you a limited license to access and use the Site for your personal use only. Also, for your personal use only, you may print copies of the information from the Site and you may store information from the Site on your own computer. You may not modify the Site, or any portion thereof, for any reason. Any unauthorized use terminates the approval or limited license granted by IMT. IMT reserves all other rights.
LINKING, POSTING, AND TRANSMITTING
Although IMT provides the information accessible on the Site for your personal, non-commercial use, IMT retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written approval of IMT, you must not: (A) hyperlink to the Site or any of its pages; (B) include information from the Site on another site, on a server computer, or in documents; (C) modify or re-use the information from the Site; or (D) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site. IMT reserves all other rights.
No user is permitted to transmit to the Site or to any IMT personnel, (A) any obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications or (B) any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that IMT, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to IMT personnel, IMT and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, profanity, or misrepresentation.
THIRD PARTY DATA
While IMT uses reasonable efforts to obtain content and information from reliable sources, IMT makes no representations or warranties as to the accuracy, reliability or completeness of any content, information or documents on the Site obtained from outside sources. Much of this content is produced by users, publishers, and other third parties and is not controlled by IMT. You acknowledge that such content is the sole responsibility of the third party person or organization that created it and that IMT assumes no responsibility for any such content, information or documents. You further acknowledge and agree that when you follow links to pages not maintained on the Site, you do so at your own risk.
Although the Site may be linked to other sites upon permission, IMT is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Site, you acknowledge and agree that IMT has not reviewed all the sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other site linked to the Site. Access and use of third party content made available through the Site is solely at your own risk and IMT makes no warranties, express, statutory, or implied, with respect to such third party content or information. This Agreement does not govern your use of any website or service other than the Site. You should review applicable terms and policies of any linked third party content, information or websites. To the maximum extent permitted by applicable law, IMT will not be liable for any content submitted, posted, linked to, shared or otherwise made available via the Site, including, but not limited to, any inaccuracies, errors or omissions in any content, any intellectual property infringement with relation to the linked content, or any loss or damage of any kind incurred as a result of the use of any content linked in or otherwise made available via 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, including, without limitation, any password and login functionality used to authenticate users; (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, “flooding,” “spamming,” “mail bombing” or “crashing;” (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or posting; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third party web browsers; (h) reverse engineering, decompiling or disassembling the underlying software; (i) removing any notices, warnings, labels, annotations or instructions from any portion of the Site or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; (j) providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Site, whether or not through the use of agents; or (k) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Site.
Any violations of system or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). IMT may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. IMT may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Site if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread of a virus, security breach or system malfunction.
FRAUD AND PHISHING
IMT’s name, brands and reputation may be misused by imposters and frauds publishing fake web sites and engaging in “phishing” scams seeking personal or confidential information. When communicating with IMT through digital media, please: (i) confirm you are visiting IMT’s authorized web site; and (ii) do not share any password and login ID with anyone, including anyone from IMT.
Certain IMT web sites may be private, available only to clients through secure log-in procedures. Apart from allowing you to use your password and log-in to enter an authorized web site, IMT will never ask you for your password or log in information. (If you forget your password or login, we will issue you new ones.)
- Do not communicate or deal with personnel who are not affiliated with an authorized IMT office.
- Do not send e-mails to anyone with an address other than authorized IMT e-mail addresses.
IMT only uses “@imtcapital.com” for e-mail addresses. IMT does not permit our employees and authorized representatives to send or receive work related e-mails from personal accounts or any other address.
If you have any questions about the above, please contact IMT at email@example.com.
While IMT makes all reasonable efforts to help ensure that all material on the Site is correct, accuracy cannot be guaranteed and IMT makes no warranties or representations as to the accuracy of the Site. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. IMT FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENTS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
LIMITATION ON LIABILITY
To the fullest extent permitted by law, IMT is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or its contents, including any decision made or action taken in reliance on the content or any feature of the Site or (2) your breach of any provision of these terms and conditions. By entering the Site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, exemplary or punitive damages, or any other liabilities, losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the Site, use or browsing of the Site, or through your downloading of any text or images, from the Site, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen. IMT does not assume any liability for the site or its contents.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree that you will be solely responsible for, and that you will defend, indemnify and hold harmless IMT, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives, as well as IMT’s licensors and other third-parties with which IMT contracts, harmless from and against any and all claims, demands, actions, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms and Conditions or otherwise resulting from your use of the Site. IMT reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify IMT for all liabilities, losses or damages. You agree to provide IMT with whatever cooperation it reasonably requests.
By entering the Site you acknowledge and agree that any communication or material you transmit to the Site or IMT, in any manner and for any reason, will not be treated as confidential or proprietary. Subject to the Privacy Policies, you acknowledge and agree that any materials you transmit to IMT may be accessed, viewed, displayed, reproduced, adapted, published, translated, stored, hosted, cached, maintained, modified, distributed, and otherwise used and exploited by IMT, anywhere, anytime, and for any reason whatsoever. You also grant IMT the right to sub-license these rights through multiple tiers, and the right to bring an action for infringement of these rights.
Legal requirements in various countries and jurisdictions may restrict the types of information that can be accessed on the Internet or how it may be used. Persons who view or obtain information from the Site should inform themselves of and observe any such restrictions in the jurisdiction in which they access the Site.
NO DISCRIMINATION; FAIR HOUSING
IMT will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable laws. IMT is committed to compliance with all federal, state, and local fair housing laws. IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS (“FAMILIAL STATUS” MEANS ONE OR MORE INDIVIDUALS UNDER 18 LIVING WITH EITHER A PARENT OR OTHER PERSON HAVING CUSTODY, AND ALSO APPLIES TO ANY PERSON WHO IS PREGNANT OR IN THE PROCESS OF SECURING CUSTODY), OR NATIONAL ORIGIN, TO ADVERTISE ANY PREFERENCE, LIMITATION, OR DISCRIMINATION BASED ON ANY OF THE FOREGOING, OR TO ADVERTISE ANY INTENTION TO MAKE ANY SUCH PREFERENCE, LIMITATION, OR DISCRIMINATION.
APPLICABLE LAW AND JURISDICTION
By visiting the Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and IMT. IMT may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such court.
You agree that by using the Site, you and IMT are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES IMT OR YOU HAVE RELATING IN ANY WAY TO THE SITE OR YOUR RELATIONSHIP WITH IMT WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN LOS ANGELES, CALIFORNIA, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY IMT INTELLECTUAL PROPERTY RIGHT. POTENTIAL DISPUTES INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST IMT IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY AND ALL DISPUTES. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND IMT.
Should any of the Terms and Conditions be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.
IMT strives to provide individuals with disabilities with equal access to its programs and activities, including through an accessible website. If you have questions, comments, or encounter any difficulty in using this site, please contact IMT Capital, LLC at 15303 Ventura Blvd, No. 200, Sherman Oaks, CA 91403, Attn. Andrew Wizenberg, or via the following email address: firstname.lastname@example.org. If you would like to contact us by telephone without incurring telephone charges, please submit your request and telephone number by email to email@example.com and we will call you between 9 a.m. and 5 p.m. Pacific Time.
You acknowledge and agree that IMT may terminate your access to the Site should you fail to comply with the Terms and Conditions or any other guidelines and rules published by IMT. Any such termination shall be in IMT’s sole discretion and may occur without prior notice, or any notice. IMT further reserves the right to terminate any user’s access to the Site for any conduct that IMT, in its sole discretion, believes (A) is or may be directly or indirectly harmful to other users, to IMT or its affiliates or business contractors, or to other third parties or (B) violates any local, state, federal, or foreign laws or regulations. The Terms and Conditions shall survive any termination of your access to the Site. CONTACT US. Thank you for visiting the Site. If you have any questions about the Site, the Terms and Conditions, or our Privacy Policies, please contact us at IMT Capital, LLC at 15303 Ventura Blvd, No. 200, Sherman Oaks, CA 91403, or via the following email address: firstname.lastname@example.org.