(Effective as of May 2014)
Please read the following Terms of Use carefully:
You have reached the website for American Assets Capital Advisers (“AACA”). By accessing and using our website (including, but not limited to, the home page, other pages and links) (“Website”), you agree to be bound to the following terms and conditions (“Terms of Use”).
AACA Investments
AACA is not providing investment advice, legal advice, business advice or tax advice through this Website. The material on this Website is for informational purposes only and its content should not be relied upon in making any investment decisions. The material on this Website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities. The material on this Website reflects past performance and historical information only and such performance and information is not necessarily an indication of future performance of any specific investment or investment strategy (including those undertaken or recommended by AACA), or product made reference to directly or indirectly on our Website, or indirectly via link to any unaffiliated third-party website. The material on this Website is presented for Accredited Investor/Investment Professional use only, is intended solely for general informational purposes, and its content should not be relied upon in making any investment decisions. As used in this Website, the phrases “Class-A” real estate, assets, markets, companies and people refer to the opinions and views of AACA based on its proprietary evaluation methods, and are not based on any nationally recognized rating entity or real estate valuation standards.
Intellectual Property
This Website is owned and operated by AACA. Unless otherwise specified, all materials appearing on this Website are the property of AACA, our content providers or our business partners. Except as otherwise expressly permitted on this Website, you may only view, download, print and retain a copy of pages of this Website provided that (1) your use of such information from this Website is for your informational, personal and non-commercial use only, (2) such information will not be copied, transferred or transmitted to another person or entity, posted on any network computer or broadcast in any media, (3) any copy of this information which you make shall retain all legal notices, disclaimers, copyright and trademark notices contained therein, and (4) no modifications of such information shall be made. Except as otherwise expressly permitted on this Website, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, modify, transmit or distribute any information from this Website in whole or in part without our prior written permission. All rights not expressly granted herein are reserved.
Forward Looking Statements
AACA cautions you that statements included in this Website that are not a description of historical facts may be forward-looking statements based on our current expectations and projections about future events. This inclusion of forward-looking statements should not be regarded as a representation by AACA that any of its plans will be achieved. Actual results may differ materially from those set forth on this Website due to the risks and uncertainties inherent in any investment. The following factors could cause actual results to differ from those implied by the forward-looking statements in this presentation: changes in general economic conditions; changes in specific real estate markets; legislative/regulatory changes (including changes to laws governing the taxation of real estate); and changes in generally accepted accounting principles, including policies and guidelines applicable to real estate funds. Other factors could cause actual results to differ from those implied by the forward-looking statements contained in this presentation. While any forward looking statements in the Website reflect AACA’s good faith beliefs, assumptions and expectations, they are not guarantees of future performance. AACA undertakes no obligation to revise or update this Website to reflect events or circumstances after information is posted on this Website, or to reflect changes in the underlying assumptions or factors, or new information, data or methods.
Disclaimers of Warranty
While we endeavor to provide accurate and up to date information, the information contained in this website may, at times, contain inaccuracies or typographical errors, and may be changed or updated without notice. We do not guarantee that the information provided through this website will be accurate or up-to-date. We do not warrant that this website will be uninterrupted, secure or error-free, that errors or defects will be corrected or that this website or the server making it available are free of viruses or other harmful components. You assume all responsibility for protecting yourself by using anti-virus programs and backing up important applications and data.
This website and the content on this website are provided by us on an “as-is” basis. To the fullest extent permissible by applicable law, we disclaim all representations and warranties of any kind, express or implied, including, but not limited to, implied warranties of non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Because some jurisdictions do not permit the exclusion of certain warranties as set forth above, such exclusions and limitations may not apply to you.
Limitation of Liability
The use of this Website is at your own risk. To the fullest extent permissible under applicable law, AACA, its affiliates and their officers, directors, employees and agents shall not be liable to you or any other person under any contract, tort, strict liability or other legal theory, in law or in equity, for any damages of any kind arising out of or in any way connected with the contents of this website, your access to or use of this website, or your reliance on information contained in this website, including, but not limited to, special, indirect, consequential or punitive damages, even if we have been advised of the possibility of such damages. Because some jurisdictions do not permit the limitation of liability as set forth above, such exclusions and limitations may not apply to you.
You hereby agree to indemnify, defend and hold harmless AACA and its affiliates, and their directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with the contents of this Website, your access to or use of this Website, or your reliance on information contained in this Website.
Links
This Website may contain links to other sites on the Internet that are owned and operated by our business partners, third party vendors or other third parties. Clicking on such a link to a third party site will cause you to leave this Website. The third party sites are not controlled by us and we are not responsible for the content of any third party site or any link contained in any third party site. We do not represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. We are not responsible for any Webcasting or any other form of transmission received from any third party linked site. All third party links are provided to you as a convenience and the inclusion of any third party link does not imply endorsement by us of the third party site. By using this Website to link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of this Website to link to a third party site. We do not represent or warrant that the links to third party sites provided on this Website will be uninterrupted, secure or error-free, that errors or defects will be corrected, or that we will not change or remove the links to third party sites provided on this Website.
Third Party Content
Certain content from third parties may be made available as part of this Website. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of such content.
User Responsibilities, Communications, Feedback, and Submissions
You agree not to use this Website or any content contained in it for any illegal or inappropriate activities. We welcome your comments and feedback regarding this Website, but under no circumstances should you send us any financial or sensitive personal information. In addition, we do not want and cannot accept any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using this Website or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, now known or created in the future, without compensation or any other obligation to the provider of the Submission.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend your access to this Website and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use could subject you to criminal or civil penalties.
Termination of Usage
We may terminate or suspend your access to all or part of this Website, without notice, for any conduct that we, in our sole discretion, believe is disruptive to this Website or is in violation of any applicable law or these Terms of Use.
Applicable Law
The laws applicable to the interpretation of these Terms of Use shall be the Federal Law of the United States of America and the laws of the State of California, without regard to any conflict of law provisions. We make no representation that the content in this Website is appropriate for access outside of the United States of America. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts of San Diego County, California, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has occurred. No waiver by AACA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Please feel free to Contact Us regarding this Website or to resolve a complaint regarding any aspect of content or service relating to this Website as set forth below.
Privacy Policy
If you would like a copy of or have any questions about our privacy policy, please see our Contact Us page for our email, location and general contact information.
Third Party Privacy Policies
Please note that our privacy policy does not apply to any third party web sites that may be reached through links provided on this Website for your convenience, and visitors are encouraged to contact such third party sites directly for information regarding their privacy policies.
Modifications to Terms of Use
At any time, we reserve the right to add to, modify or remove portions of these Terms of Use. Please check back to this page from time to time to determine if any revisions have been made. Your continued use of this Website after any revisions have been made will constitute acceptance of the new Terms of Use.
How to Contact Us About These Terms of Use
If you have any questions regarding these Terms of Use, would like to obtain a copy of or make changes to the personal identifiable information provided by you, would like to have your personal identifiable information removed from our database, or for additional correspondence, please see our Contact Us page for our email, location and general contact information.