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.,Avanti Strategic Land Investors VIII, L.L.L.P., and Avanti Strategic Land Investors IX, L.L.L.P.
As used in these Terms of Use ("Terms of Use"), the terms "we," "us," and "our" refer collectively to Avanti and its Affiliates.
You Agree to be Bound by These Terms of Use
As used in these Terms of Use, the word "you" refers to you individually and, if you are using the Site on behalf of your company, your company.
These Terms of Use govern your use of this Site and the information, products and services provided through this Site. These Terms of Use constitute a legally binding contract between us and you and, if you are accessing this Site on behalf of a business ("your company"), between us and your company.
By accessing or using this Site, you are agreeing to be legally bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE AND MUST EXIT FROM THIS SITE. IF YOU DO NOT HAVE AUTHORITY TO LEGALLY BIND YOUR COMPANY, OR DO NOT AGREE THAT YOUR COMPANY WILL BE BOUND BY THESE TERMS OF USE, YOU MAY NOT USE THIS SITE ON BEHALF OF YOUR COMPANY.
Effective Date of These Terms of Use
These Terms of Use were last updated on November 15, 2017.
Use License
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.
Prohibited Use
Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) to interfere with any other party’s use and utility of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Avanti to be made accessible to a user, or (vi) to attempt to obtain any materials or information through any means not intentionally made available by Avanti, or (vii) for any use other than the business purpose for which it was intended, is prohibited.
Further, in connection with your use of the Site, you agree you will not:
(a) create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Avanti representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services offered on the Site if you are not expressly authorized by such party to do so;
(c) provide any information which is false, misleading, omits material facts, or is otherwise incorrect or incomplete in any material respect;
(d) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity, or that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships; or
(e) upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Age and Location of User
All content available on this Site is solely directed to individuals 18 years of age or older residing in the United States, unless expressly specified otherwise. Products or services may not be available in all states within the United States, and are subject to applicable laws and regulations. Any use of any part of this Site is prohibited where not allowed by law.
These Terms of Use May Change From Time to Time
We are continually adding features and functionality to this Site. Because of these changes, changes in the law, or changes in technology, we may need to revise these Terms of Use from time to time. Accordingly, we reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on this Site. These changes will be effective as of the date we post the revised version on this Site. Your use of this Site following any such change constitutes your agreement to be bound by the revised Terms of Use.
To alert you to changes in these Terms of Use, we will provide a notice at the top of these Terms of Use for at least 30 days after the new effective date and highlight the changes so that you can locate them easily, unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as the correction of a typographical error).
You may access the current version of these Terms of Use at any time by clicking on the link marked "Terms of Use" on the bottom menu of each page of this Site.
These Terms of Use May be Supplemented by Additional Disclosures and Notices
These Terms of Use may be supplemented or amended by specific disclosures and notices posted on the Site describing the products or services to which they relate.
These Terms of Use May be Supplemented by Click-Through Agreements
These Terms of Use may be supplemented or amended by "click-through" agreements. For example, when you register to use a password-protected area of this Site, you may be asked to agree (by clicking on a word or checking a box) to special terms governing your use of that area of this Site. In the event of a conflict between these Terms of Use and any click-through agreements, the terms and conditions of the click-through agreement shall govern, but only with respect to the subject matter of the click-through agreement.
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
You acknowledge that Confidential Information of Avanti is provided on and made available through the password protected areas of this Site and agree to protect the confidentiality of such Confidential Information as provided herein. You shall, and shall cause your agents, representatives and affiliates to, maintain the confidentiality of all Confidential Information; provided, however, that you may deliver or disclose Confidential Information to (a) your directors, officers, employees, agents, attorneys and affiliates (to the extent such disclosure reasonably relates to the administration of your investment and provided that the persons receiving such information agree to be bound by this section of these Terms of Use), (b) your financial advisors who agree to hold confidential the Confidential Information substantially in accordance with the terms of this section, (c) any other individual or entity with access to the password protected areas of the Site, (d) any transferee to which you propose to transfer your interest, who is approved by Avanti as a transferee, and who agrees to be bound by the provisions of this section of these Terms of Use, (e) any federal or state regulatory authority having jurisdiction over you and which compels such disclosure under color of law, or (f) any other individual or entity to which such delivery or disclosure may be necessary (i) to effect compliance with any law, rule, regulation or judicial or administrative order legally applicable to you (including ERISA), or (ii) in response to any subpoena or other legal process. Except as expressly set forth above or as otherwise permitted by these Terms of Use, you shall (i) refrain from disclosing any Confidential Information, (ii) refrain from downloading electronically any Confidential Information, and (iii) refrain from disclosing, copying, reproducing, summarizing and/or distributing the Confidential Information, except in furtherance of a business relationship with Avanti and as permitted hereunder.
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.
Trademarks
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.
Copyrights
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.
Third-Party Content
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.
Unsolicited Ideas
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.
Electronic Communications
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links to Other Avanti Sites
This Site may contain links to other websites operated by Avanti or its Affiliates ("Avanti Site(s)"). These other Avanti Sites are separate and distinct websites, each of which serves a different purpose. Each other Avanti Site is therefore governed by its own terms of use. You are responsible for reviewing the terms of use posted on each Avanti Site you visit.
Links to Sites Operated by Third Parties
This Site may provide links to websites operated by third parties. We are not responsible for examining or evaluating, and we do not endorse or warrant the information, programs, products, services or other offerings of any of these businesses or individuals nor the currency, accuracy, completeness, relevance or reliability of the content of their websites. We do not assume any responsibility or liability with respect to these third-party websites. If you decide to use a link on this Site to access any third-party website, you do so at your own risk. Before you use any website you should review the applicable terms of use and policies.
Interpretation
As used in these Terms of Use, the term "including" means "including, but not limited to."
Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Avanti or one of its Affiliates of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.
Governing Law, Jurisdiction and Venue
The Avanti headquarters are located in Winter Park, Florida U.S.A. These Terms of Use shall be governed under the laws of the State of Florida without regard to its conflicts of law provisions. The exclusive venue for all actions or proceedings arising out of or relating to these Terms of Use shall be the state or federal courts located in Orange County, Florida. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.
Entire Agreement
These Terms of Use, as supplemented or amended by the disclosures and notices posted on this Site and any click-through agreements, (a) contain the entire understanding and agreement between you and Avanti and its Affiliates with respect to your use of this Site, and (b) supersede all previous communications, negotiations and agreements, whether oral, written, or electronic, between you and Avanti and its Affiliates with respect to this Site and your use of this Site.
Questions regarding these Terms of Use
If you have questions regarding these Terms of Use, please e-mail us.