Terms of Use

The information that you obtain or view on this site is not, nor is it intended to be, legal advice or advice on any property ownership or property management issues or problems. You are advised to consult an attorney or a knowledgeable real estate professional or advisor for individual advice regarding your own particular situation, problem, or issue.

 

Mascia Development, LLC (“Mascia Development,” “we,” or “us”) makes this web site, www.MasciaDev.com, and investor information portals (“Portals”), available to you conditioned upon your acceptance, without modification, of the following terms of use and conditions. By checking the box labeled “I agree” and clicking the “Submit” button, you accept, without modification, these terms and conditions. PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY, AS THEY GOVERN YOUR USE OF THE PORTALS AND YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS, DO NOT CHECK THE BOX LABELED “I AGREE,” CLICK THE “SUBMIT” BUTTON, OR USE THE PORTALS.

 

Modifications to these Terms

We may make changes to these Terms from time to time in our sole discretion, by updating and posting the revised Terms on the Portals, and specifying the effective date of the new version of the Terms. Your use of the Portals following the posting of a new version of the Terms constitutes your acceptance of any such changes.  Accordingly, when you visit these Portals you should periodically check to see if a new version of these Terms has been posted.

 

Portals Content

This Portals contains a variety of information and content, including: (1) copyrighted material, such as information, text, directories, graphics, photographs, illustrations, images, video and audio clips, sound clips, advertising and promotional materials, data, software, compilations, designs, graphical interface, and overall “look and feel,” (2) trademarks, logos, trade names, service marks, and trade identities, whether registered or unregistered (collectively the “Trademarks”), and (3) other forms of information and intellectual property (all of the foregoing collectively and individually are referred to as “Content”).

 

Ownership

All right, title, and interest in and to the Content available via the Portals is the property of Mascia Development or its licensors, and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws.  You may not copy or otherwise use any of the Content except as expressly authorized by these Terms.

 

Accuracy

While we strive to keep the Content that we post on the Portals accurate, complete, and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content on the Portals is accurate, complete, timely or applicable to you.

 

Scope of Use

You agree to use the Portals solely for personal and lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Portals.  We grant you a nonexclusive, nontransferable, revocable, limited license to view, download, copy, and print Content retrieved from the Portals only for your personal, non-commercial use.  Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content available via the Portals in any other manner or for any other purpose without the prior express written permission of Mascia Development.  Any unauthorized use of any Content from the Portals may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.

 

Accuracy of Information You Provide

You will use the Portals only with your User ID and password and you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to the Portals.  You agree to provide true, accurate, current, and complete information about yourself, and, as permitted, to maintain and update it continuously and promptly to keep it true, accurate, current and complete.

 

Password Obligations

You agree to accept responsibility for all activities that occur under your User ID and Password.  You are responsible for maintaining the confidentiality of your Password, and for restricting access to your computer so that others may not access the Portals in your name and under your User ID and Password.  You agree to immediately notify us of any unauthorized use of your User ID or Password or any other breach of security.  We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.

 

Links to Other Sites

The Portals may provide links to other web sites and/or resources (including advertisements) that we do not maintain or are not under our control (“Third Party Web Sites”).   Your dealings with such Third Party Web Sites are solely between you and such third parties.  We are not responsible for, and we make no representations or warranties with respect to, the content, products, services, personal information practices, ownership, or legality of any such linked Third Party Web Site unless expressly stated by us.  Your use of such Third Party Web Sites is subject to the terms and conditions established by such third parties, and we encourage you to review their user terms and privacy policies before you use their services.  Your access to and use of such Third Party Web Sites is solely at your own risk, and you agree that we will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Web Sites.

 

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE PORTALS AND ALL CONTENT ON IT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EQUITY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT MASCIA DEVELOPMENT IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS PORTALS OR WITH THE DELAY OR INABILITY TO USE THIS PORTALS, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS PORTALS, OR OTHERWISE ARISING OUT OF THE USE OF THIS PORTALS, EVEN IF MASCIA DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL MASCIA DEVELOPMENT BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN $10.

 

BY AGREEING TO THE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

Modification or Suspension of the Portals or Access

Mascia Development reserves the right, in its sole discretion, to modify or discontinue the Portals, or any portion of the Portals, without notice to you or any third party.  We also may, in our sole discretion, refuse or restrict anyone from access to the entire Portals or any portion of the Portals.

 

Violations

Any violation of these Terms (as determined by Mascia Development in its sole discretion) may result in restriction or termination of your access to all or part of the Portals and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Mascia Development.

 

Governing Law

These Terms shall be governed by the laws of the State of New York, the United States of America and international copyright laws. You agree to submit to the jurisdiction of the State of New York for any and all disputes, claims and actions arising out of or in connection with the information provided to you herein.

 

Entire Agreement

These Terms and the Portals Privacy Policy constitute the entire agreement between Mascia Development and you pertaining to the use of the Portals and any information contained herein and supersedes any and all prior written or oral communications and/or agreements previously existing between us. We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms.  We will post any changes to these Terms on the Portals.  Your continued use of the Portals after the posting of any change in the Terms will constitute your acceptance to be bound by any such changes.

 

Contact Information

If you have any questions or concerns with respect to these Terms or the Portals, you may contact us by e-mail or call us at (212) 982-8799.

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