January 31, 2013
Avanti Properties Group III, L.L.L.P. ("Avanti") owns and operates this Site.
This website (this "Site") is owned and operated by Avanti Properties Group III, L.L.L.P. ("Avanti"). Avanti is one of the United States' largest investment firms exclusively dedicated to land investment, development and finance. Avanti operates this Site for its own benefit and for the benefit of its affiliates (collectively, the "Affiliates"), including Avanti Investment Advisors, Inc., Avanti Strategic Land Investors, L.P., Avanti Strategic Land Investors II (Passive), L.L.L.P., Avanti Strategic Land Investors II (Active), L.L.L.P., Avanti Strategic Land Investors III (Passive), L.L.L.P., Avanti Strategic Land Investors III (Active), L.L.L.P., Avanti Strategic Land Investors IV (Passive), L.L.L.P., Avanti Strategic Land Investors IV (Active), L.L.L.P., Avanti Strategic Land Investors V, L.L.L.P., Avanti Strategic Land Investors VI, L.L.L.P., and Avanti Strategic Land Investors VII, L.L.L.P.
Permission is granted to view this Site and to print individual pages from this Site for your own personal, non-commercial use. This is a grant of a license, not a transfer of title, and under this license you may not: (1) modify or copy the materials (except as set forth in the preceding sentence); (2) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (3) attempt to decompile or reverse engineer any software contained on this Site; (4) remove any copyright or other proprietary notations from the materials; (5) transfer the materials to another person or "mirror" the materials on any other server; or (6) otherwise distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any information, material, software, products or services on this Site. This license shall automatically terminate if you violate any of these restrictions, and may be terminated by Avanti at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
Password Protected Areas of This Site
Certain areas of this Site may be password protected. You are responsible for maintaining the confidentiality of your password. We have the right to assume that anyone accessing the password protected areas of this Site using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing this Site using a password assigned to you, even if the individual is not, in fact, authorized by you. You agree that you will immediately notify us of any known or suspected unauthorized use of your password or any other breach of security and will change your password if you believe your password may have been compromised or used without authorization. You shall defend, indemnify and hold Avanti and its Affiliates from and against any and all losses, injuries, claims, liabilities, damages, fines, penalties, costs and expenses (collectively, "Claims") arising out of any use or misuse of this Site, including its Content (defined below), through your password; provided that (a) we notify you promptly in writing of any such Claims (provided that our failure to do so will not relieve you of your obligations hereunder if the defense of the Claim is not prejudiced by the delay); and (b) we provide such assistance as you may reasonably request at your sole cost and expense.
Confidentiality for Password Protected Areas
The term "Confidential Information" means (a) all financial and other reports and information, and all other information of any kind, provided on and made available through the password protected areas of this Site, and (b) any other information delivered to or obtained by an individual or entity with access to the password protected areas of the Site, by, from or on behalf of Avanti or its Affiliates that is proprietary in nature and that was clearly marked or labeled or otherwise adequately identified when received by you as being confidential information; provided, however, that "Confidential Information" does not include information that (i) was publicly known or otherwise known to you prior to the time of such disclosure, (ii) subsequently becomes publicly known through no act or omission by you or any person acting on your behalf, (iii) otherwise becomes known to you without restriction, other than through disclosure by or on behalf of Avanti or its Affiliates, or (iv) is otherwise publicly available.
Disclaimer of Warranties
THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AVANTI, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS AND AGENTS, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES AND OPPORTUNITIES MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SITE; (D) THAT THE CONTENT OR OTHER INFORMATION ON THIS SITE IS TIMELY, CURRENT, ACCURATE, COMPLETE, RELEVANT OR RELIABLE; (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; AND (F) REGARDING THE RESULTS TO BE OBTAINED FROM USING THIS SITE, INCLUDING ITS CONTENT, OR PRODUCTS, SERVICES AND OPPORTUNITIES MADE AVAILABLE THROUGH THIS SITE. YOU USE THIS SITE, INCLUDING ITS CONTENT, AND THE PRODUCTS, SERVICES AND OPPORTUNITIES AVAILABLE THROUGH THIS SITE AT YOUR OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES SET FORTH ABOVE, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL AVANTI, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR AGENTS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS, HAVE ANY RESPONSIBILITY OF ANY KIND OR BE LIABLE TO YOU, YOUR COMPANY, OR TO ANY THIRD PARTY FOR ANY LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, INCLUDING (A) THE USE OF OR INABILITY TO USE THIS SITE (INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, WORM OR OTHER MALICIOUS COMPUTER CODE, OR LINE OR SYSTEM FAILURE), (B) ANY CONTENT PROVIDED THROUGH THIS SITE, OR (C) ANY PRODUCTS, SERVICES AND OPPORTUNITIES PROVIDED THROUGH THIS SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES, INJURIES, CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES OF ANY KIND WHATSOEVER (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, SAVINGS OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY OR BASED ON ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AVANTI, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS OR AGENTS, HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Right to Modify, Shut Down, or Deny Access to This Site
AVANTI RESERVES THE RIGHT TO MODIFY THE CONTENT, FEATURES AND FUNCTIONALITY OF THIS SITE, TO SHUT DOWN THIS SITE, AND TO LIMIT OR DENY ACCESS TO THIS SITE AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTICE, AND WILL NOT BE LIABLE IN ANY WAY TO YOU, YOUR COMPANY OR ANY THIRD PARTY FOR ANY POSSIBLE LOSS, LIABILITY OR CONSEQUENCE OF SUCH ACTIONS.
Not an Offer to Buy or Sell any Financial Instruments or Provide any Investment Advice or Services
None of the information, opinions or any other Content on this Site constitutes a solicitation or offer by Avanti or its Affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or services.
All of the trademarks and service marks used or displayed on this Site, including the "look and feel" of this Site (collectively, the "Marks"), are registered or unregistered trademarks of Avanti, its Affiliates or other third parties, all of whom reserve all rights in their Marks. Nothing on this Site may be construed as granting any license or right to use any of the Marks displayed on this Site without the prior express written permission of Avanti or the owner of the Mark. You may not use any Mark displayed on this Site without the prior written approval of Avanti or the owner of the Mark.
This Site, including the software and code that comprise and operate this Site and all of the content of this Site, including all of the text, images, photographs, illustrations, graphics, audio clips, and video clips and other materials posted on this Site, all pages and screens, and all related metadata (collectively, the "Content") are protected under U.S. and international copyright and other intellectual property laws and treaties. All rights in the Site, including the content of this Site, including all worldwide copyrights, are owned by Avanti, its Affiliates, their licensors, and other third parties, each of whom reserves all of its rights. The entire Content of this Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Avanti owns and reserves all rights in the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.
You may download selected Content displayed on this Site for your own personal use or for your company's internal business use, provided (a) you do not remove or modify any copyright, trademark, or other proprietary notices or any disclosures; (b) you agree to any terms, conditions, and notices accompanying the Content; and (c) you comply with all copyright and other intellectual property laws. This limited, revocable, non-transferable privilege to use the Content in no way constitutes a transfer of any right, title or interest in the Content you download. You may not under any circumstances (a) modify the Content or use or exploit it for any commercial purpose (except for your company's internal business use); (b) decompile, reverse engineer, or disassemble any part of this Site, including its Content; or (c) upload, post or use any Content on any other website or use it in a time-sharing or service bureau environment.
No part of this Site, including the Content, may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, displayed or performed publicly, modified or used to create derivative works, or exploited or used in any manner or form except as expressly provided above (or as expressly specified on this Site) without first obtaining written permission from Avanti or the rights holder.
Some of the information, research reports and other materials available through this Site are provided to Avanti or its Affiliates by third parties, including third-party financial reporting services. These third-party materials are provided for your interest and convenience only. Avanti and its Affiliates do not endorse these materials or the vendors who supply them, nor do we warrant or represent that these materials are current, accurate, complete, relevant or reliable. It is your responsibility to evaluate the currency, accuracy, completeness, relevance and reliability of all information obtained or provided through this Site. You use these third-party materials at your own risk.
We welcome your comments and feedback regarding this Site and our products, services and opportunities, including your ideas for new products, services and opportunities (your "Comments"). All such Comments will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. By submitting Comments, you assign to Avanti, free of charge, all of your right, title and interest in all copyrights and other intellectual property rights in your Comments and all related know-how. We will be entitled to use, make, reproduce, disclose, distribute, perform publicly, display publicly, create derivative works of, and reduce to practice any Comments submitted to us, for any purposes whatsoever, without restriction and without compensating you in any way.
Links to Other Avanti Sites
Links to Sites Operated by Third Parties
Governing Law, Jurisdiction and Venue