READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT [www.PennSquare.com] (“WEBSITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE.
PENN SQUARE REAL ESTATE GROUP, LLC (“PENN SQUARE”) RESERVES THE RIGHT TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED.
Nothing contained on this Website constitutes tax, legal, insurance, or investment advice. Neither the information nor any opinion contained on this Website constitutes a solicitation or offer by Penn Square 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 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.
The information and services provided on this Website are provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Penn Square disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. Penn Square 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 it does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components.
Penn Square expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.
Trademarks, Copyrights, and other Intellectual Property Rights
The content contained on this Website is owned or licensed by Penn Square and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame, or deep link this Website, including any text, graphics, video, audio, software code, user interface design, or logos. You may download material displayed on this Website for your personal use 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 all text, images, audio, and video, without Penn Square’s written permission. Modification and/or use of the materials for any other purpose violates Penn Square’s intellectual property rights.
All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to Penn Square and/or their respective owners. Nothing contained on this 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 Penn Square 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 by or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy, publicity, and communications, as well as other regulations and statutes. If you download any information from this Website, you agree that you will not copy it, remove, or obscure any copyright, notices, or legends contained in any such information.
Limitation of Liability
PENN SQUARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS (“COVERED PERSONS”) WILL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR 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), EVEN IF PENN SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.
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.
U.S. Users Only
This Site is directed to and intended for use by citizens or residents of the United States only. Users outside the United States access and use this Site at their own risk and are responsible for compliance with applicable laws and regulations.
You agree to indemnify and hold us and the Covered Persons harmless from any claim, demand, loss, liability, cost, or expense (including reasonable attorney’s fees) made by any person due to or arising out of use of the Site or any related services by you or any of the following: your (1) violation of this Agreement; (2) violation of any securities laws or regulations; or (3) violation of any third-party rights, including (without limitation) infringement of any copyright or violation of any proprietary or privacy right.
Links to [PennSquare.com] from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by Penn Square. If you desire to display on your website a hyperlink to a Penn Square website, you must enter into a written agreement with Penn Square governing such display. Access to any Penn Square website does not authorize you to use any of Penn Square’s names, logos, trademarks, or copyrighted material, and you agree not to do so without Penn Square’s express written consent. Requests to display hyperlinks on your websites to Penn Square websites should be e-mailed to info@Penn Square.com.
This website may contain links to other sites on the Internet. Please remember that when you click on one of these links, you are leaving the Penn Square website and are entering another website. We are not responsible for the privacy practices or the content of these other websites and encourage that you read their privacy statements (which may differ from ours).
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 Penn Square, particularly those containing confidential information, may be sent by mail to: Penn Square Real Estate Group, LLC, P.O. Box 772947, Steamboat Springs, CO 80477 – Attn: [Webmaster].
Penn Square shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to Penn Square through this Website. You acknowledge and agree that Penn Square has granted you limited access to the specific files pertaining to the Penn Square Funds (“Approved Files”) and you agree not to attempt to access computer files other than the Approved Files.
E-mail and Marketing
Financial professionals who complete the registration process to access the Penn Square Financial Professional website are at the same time granting Penn Square permission to send them e-mail messages for marketing and general communication purposes at the e-mail address they have provided. This service may be discontinued at any time by responding to the e-mail with “Unsubscribe” in the subject line.
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 Penn Square or its affiliates to any registration requirement within such jurisdiction or country. Each investment product and service referred to on this Website is intended to be made available to U.S. residents only. This Website will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
The laws of the State of Colorado govern these Terms without regard to conflict of law provisions. If you take legal action relating to these Terms, you consent to the exclusive jurisdiction in the courts of the Commonwealth of Colorado and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with Penn Square, its affiliates, or with any funds referenced in this site.
Timeliness of Content
All content on this Website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data.
Except as otherwise stated in these Terms or as expressly authorized by Penn Square in writing, you may not: Use this Website in any manner that could damage or overburden any Penn Square server or any network connected to any Penn Square server, as all servers have limited capacity and are used by many people; Use this Website in any manner that would interfere with another party’s use of the Website; Include the term “Penn Square,” any Penn Square trademark, executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element; Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor, or copy this Website or the reports, data, information, content, software, products services, or other materials on, generated by, or obtained from this Website, whether through links or otherwise (collectively, “Materials”), without Penn Square’s permission, provided that generally-available third-party web browsers may be used without such permission; or Use this Website or the Materials in any manner that could create impression of affiliation, sponsorship, or endorsement by Penn Square.
Password Security and Notification
Certain parts of the Website are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by Penn Square for your specific use. If you have a Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take all reasonable steps to protect the confidentiality of your PIN. Notify Penn Square immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your PIN.
Data Collection and Use
In general, you may visit the Website without telling us who you are or revealing any personally-identifiable information about yourself. Our servers do, however, collect a variety of technical data, which we store in aggregate form. This data includes (but is not limited to) your IP address (a unique number that identifies your access account on the Internet), domain, and Web browser information. We may track the page you visited before coming to Penn Square, the page you link to when you leave Penn Square, which of our pages you access, and how long you spend on each page. We use this information to assess Website usage and to help us make improvements to its design and content.
You may, of course, choose to contact Penn Square and register to receive more information from us by providing personally-identifiable information such as your name, address, business, and e-mail address. We may use this information to respond to your inquiries, send you notices and solicitations regarding the products and transactions available through this Website, and in general, to promote and market to you our and our affiliates’ various businesses and products. These solicitations may take the form of mailings via U.S. mail or other couriers, telephone calls, e-mail solicitations, and other methods of contact.
At times, we may conduct online surveys to better understand the needs and profile of our visitors. When we conduct a survey, we will let you know how we will use the information at the time of its collection.
Penn Square may terminate your access to the Website for any reason, without prior notice.
No waiver by Penn Square of any right under, term, or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.
Integration and Severability
If any provision of these Terms is deemed unlawful, void, or for any reason, unenforceable, that provision will then be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.