Superior Asset Management TM
 
 
TERMS OF USE

Terms & Conditions, February, 2011

AS USED HEREIN, THE TERMS "YOU" AND "USER" SHALL MEAN ANY VISITOR TO THE WEBSITE.

Please read these Terms of Use carefully. By accessing this Website you agree to be bound by these Terms of Use. Arima Capital reserves the right to change these Terms of Use, from time to time, without prior notice. If you do not agree with these terms and conditions, please do not access this Website. You are responsible for regular review of the Terms of Use, and you are responsible for being familiar with the current version of these Terms of Use during each session.

For users of non-public areas of our Website, you acknowledge that Arima Capital may disclose and transfer to commercial lenders any information that you provide through this Website.

For users of public or non-public areas of this Website, Arima Capital will monitor your use of this Website. The findings of that information will remain confidential within Arima Capital and will not be disclosed to third parties.

NO UNAUTHORIZED USE

You may not gain unauthorized access to the Arima Capital Website, networks, computer systems or servers. You agree that (i) you will not engage in any activities related to this Website that are contrary to applicable laws and regulations and (ii) in circumstances where locations of this Website require identification for access, you will use reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

RESERVED RIGHTS

Arima Capital reserves the right without any prior notice requirement, to alter, add, modify or remove any information in this Website. Arima Capital may discontinue or alter service offerings, Website offerings or Website information from time to time and at any time. Any dated information is published as of its date only. If no date is stated, the date is the date of the first posting.

NO RESPONSIBILITY TO UPDATE

Arima Capital does not undertake any obligation or responsibility to supply any corrections, updates, releases or amendments regarding data and content made available on this Website.

NO LIABILITY FOR SERVICE INTERRUPTION

From time to time you may experience difficulty accessing the Website or communicating with Arima Capital via the Internet due to high internet traffic, hardware failures, software failures, systems capacity limitations, natural disasters, government or judicial restrictions or other causes beyond our control. Arima Capital shall have no liability, contingent or otherwise, to you or third parties for Website service interruptions, connection failures, and Website access that is unavailable, delayed, slowed or limited, regardless of whether the service connection is provided by Arima Capital or by a third party service provider. Arima Capital will not be liable for any loss arising from service interruptions, connection failures, or Website access malfunctions.

NO WARRANTIES AS TO CONTENT

THE INFORMATION, PRODUCTS, AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARIMA CAPITAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE SERVICE. ARIMA CAPITAL, ITS MEMBERS, OFFICERS, OR EMPLOYEES, AS WELL AS ANY THIRD PARTY DATA PROVIDERS:

  • ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE;
  • DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;
  • ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE;
  • DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND
  • WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.
NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES WILL ARIMA CAPITAL BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER ARIMA CAPITAL HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

COPYRIGHT

All rights, title, design, text and images, are owned by Arima Capital. You are not permitted to license, transmit (via Internet, facsimile, telephone lines, or U.S. or foreign mail), download, print, copy, or redistribute this information to a third party for any purposes whatsoever without Arima Capital's prior written consent. Except for any third party exchange data, materials and information posted on the Website may be printed or downloaded for your personal use, so long as you do not remove any actual or pending copyright or other notice as may be contained in information, as downloaded.

TRADEMARK

The word "Arima," the tag line used in the company logo ("Your gateway to real estate finance") and the stylized words "Arima Capital" are actual or pending trademarks of Arima Capital. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

SUITABILITY AND APPROPRIATENESS

You should not construe the material in this Website as investment, legal, regulatory, accounting or tax advice.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the District of Columbia and applicable U.S. federal laws. The adjudication of any action against Arima Capital and all claims by Arima Capital against you arising from or relating to your access to and use of the Website, and the terms and conditions of this agreement shall be in an appropriate state or federal court located in the District of Columbia. Parties unconditionally waive their rights to a jury trial.

If a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, the remaining terms and provisions shall continue in full force and effect and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use constitute an agreement between Arima Capital and you with respect to this Website, and the agreement supersedes all prior or contemporaneous communications and understandings between Arima Capital and you. This agreement, however, does not supersede any other agreements you have entered into with Arima Capital. The section headings used herein are for convenience only and shall not be given any legal import.




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