2. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any pages, information, software, lists of users, databases or other lists, content, material, products or services provided through or obtained from the Company Web Site, or any portion thereof. You agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of properties, users or other information. You agree that you will not use the Company Web Site in any manner, which could damage, disable, overburden, or impair the Company Web Site or interfere with any other party’s use and enjoyment of the Company Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Company Web Site.
3. Except with the written permission of the Company, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Company Web Site. Unauthorized individuals attempting to access prohibited areas of the Company Web Site may be subject to prosecution.
4. Except with the advanced, written permission of the Company, you agree that you will not create links from any Web site or Web page to any page within the Company Web Site with the exception, subject to the conditions of this section, of the Company Web Site homepage located at http://dev.vhcreative.co/empirestores (the “Company Web Site homepage”). The origin of any such link to the Company Web Site homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the Company Web Site. For example, prominently positioning the “Midtown Equities LLC” name such that there is clear association between the name and the destination of the link is acceptable. However, you agree that you will not juxtapose the “Midtown Equities LLC” name or link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between the Company, on the one hand, and you or any other person or entity, on the other hand. You agree that if the Company, in its sole and unfettered discretion, requests in writing that you remove any links to the Company Web Site, including without limitation the Company Web Site homepage, you will promptly do so. You agree that you will not employ any technology that results in the placement of content from the Company Web Site in a frame and/or a reduced browser window or pop-up window and/or any other display mechanism that changes the Company Web Site from how they would appear if a user accessed the Company Web Site by typing its URL into the location bar of a typical Web browser program.
5. You agree that the Company may in its sole discretion and at any time terminate your access to and use of the Company Web Site, or any part thereof, with or without notice.
6. The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
7. You agree to indemnify, defend and hold harmless the Company, its employees, directors, partners, members, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your use of the Company Web Site or your violation of this Agreement.
8. All materials provided on the Company Web Site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the “Materials”), and the selection, arrangement and display thereof, are the copyrighted works of the Company and/or its vendors, suppliers or licensors. All Materials are proprietary to the Company or its licensors and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Company.
9. This Web Site may contain typographical errors or inaccuracies. All information furnished is submitted subject to errors and omissions.
10. The Company has no fiduciary duties to you.
11. The Company makes no representations or endorsements regarding Materials contained in the Web Site. All of the Materials provided through this Web Site are provided “as is,” “as available,” without warranty of any kind. The Company and/or its suppliers specifically disclaim any and all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
The Company is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Web Site.
13. ALL DIMENSIONS ARE APPROXIMATE AND SUBJECT TO CONSTRUCTION VARIANCES. PLANS AND DIMENSIONS MAY CONTAIN VARIATIONS FROM FLOOR TO FLOOR. SQUARE FOOTAGE MAY EXCEED THE USABLE FLOOR AREA AND INCLUDE COLUMNS, MECHANICAL PIPES, SHAFTS, SHAFTWAYS, CHASEWAYS AND CONDUITS AND OTHER BUILDING ELEMENTS. FURNITURE DEPICTED HEREIN IS FOR DEMONSTRATION PURPOSES ONLY. RENDERINGS ARE FOR ILLUSTRATION PURPOSES ONLY. PROSPECTIVE TENANTS SHOULD NOT RELY UPON THESE DEPICTIONS AND ARE ADVISED TO INDEPENDENTLY REVIEW THE TYPE, QUALITY AND QUANTITY OF MATERIALS, APPLIANCES, EQUIPMENT AND FIXTURES TO BE INCLUDED IN THE BUILDING, AMENITY AREAS AND COMMON AREAS OF THE PROPERTY.