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Terms of Service Agreement

Welcome to the Westslope Properties Web Site (the "Web Site"). This Web Site is provided by Forest Capital Partners, LLC and its related entities, collectively and sometimes doing business as Westslope Properties ("Westslope Properties").

 

This Web Site is made available subject to the terms and conditions of this agreement (the "Terms"). Please read this agreement carefully. We recommend that you print a copy of the agreement for your records. To print a copy of this agreement, select Print from the File menu and select OK from the Print Setup box. The Terms govern use of this Web Site and apply to all users visiting the Web Site. By accessing this Web Site you agree to be bound by the Terms and any subsequently posted changes to the Terms. If you do not want to use this Web Site on the Terms below, you cannot use the site.

 

1. PROPERTY INFORMATION

 

The information appearing on this Web Site is deemed reliable but not guaranteed. Information provided has been prepared from sources and data we believe to be accurate but we make no representation as to its accuracy or completeness. Land sizes are approximate. Westslope Properties does not warrant or make any representations as to the reliability, accuracy, or currency of any information on this Web Site or the condition of any real property. Some real properties that appear for sale on this Web Site may not be available because they are under contract, have sold, or are no longer being offered for sale. Accordingly, all information provided on this Web Site is provided to you on an "as is" basis without warranties of any kind, and all information should be independently verified through personal inspection.

 

2. SERVICES NOT GUARANTEED

 

We will attempt to maintain the availability of this Web Site as much as feasible. However, we do not guarantee that this Web Site will function without interruption. Neither Westslope Properties nor any person involved in the creation, production, and distribution of this Web Site warrants that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. Because some of the information provided on this Web Site is obtained from other sources and because there are inherent hazards in distributing information electronically, there may be delays, omissions, or inaccuracies in the contents. Information has been prepared as of the date(s) indicated and may become unreliable because of subsequent market or economic circumstances.

 

3. RESTRICTIONS ON USE

 

We grant you a limited, revocable, nonexclusive license to view, temporarily store, and print the pages within this Web Site solely for your personal, informational, and noncommercial use. You are not authorized to resell access to any such materials or to make copies of any such materials for sale to others. You will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials. You are responsible for obtaining and maintaining all equipment and software you may need to access this Web Site. We reserve all rights not expressly granted in these Terms. Except as otherwise stated in these Terms, or as expressly authorized by us in writing, you may not:

 

(a) Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any content, software, products, services or any other Materials on, generated by or obtained from this Web Site, whether through links or otherwise (collectively "Materials");

 

(b) Republish or display any page, text, image or Materials from this Web Site using "framing" or any other technology;

 

(c) Engage in any conduct that could damage, disable, or overburden (i) this Web Site, (ii) any Materials or services provided through this Web Site, or (iii) any systems, networks, servers, or accounts related to this Web Site, including without limitation, using devices or software that provide repeated automated access to this Web Site, other than those made generally available by us;

 

(d) Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Web Site or attempt to gain unauthorized access to Materials, servers, systems, networks, servers, or accounts connected or associates with this Web Site through any means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Web Site; or

 

(e) Obtain or attempt to obtain unauthorized access to such parts of the Web Site that are protected by passwords or require a login, or to any other protected Materials or information, through any means not intentionally made available by us for your specific use.

 

4. LINKS TO OTHER SITES

 

This Web Site contains links to third party sites, resources, and informational content. In the event you use the links included on the Web Site to gain access to a World Wide Web Site or Internet location or source of information of any company, organization or person other than Westslope Properties, you acknowledge that such other sites or locations are not under the control of Westslope Properties and you agree that Westslope Properties shall not be responsible for any information or other links found at any such World Wide Web Site or Internet location or source of information, or for your use of such information.

 

We provide such links only as a convenience to you and have not tested any software or verified any information found at such sites. The fact that we have provided a link to another site does not signify an endorsement of the site or its contents. There are risks in using any content, software, products or services found on the Internet; and you should be sure that you have reviewed and completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You should be aware that linked sites might contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Web Site. We are not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.

 

5. LINKS TO THIS WEB SITE

 

Except with the express written permission of Westslope Properties, you may not post a hyperlink to this Web Site or post any links that state or imply any sponsorship or endorsement of your site by Westslope Properties.

 

6. COOKIES

 

To provide you better service, this Web Site may use "cookies." A cookie is a small file that contains information given to your Internet browser by a web site, which can later be retrieved. A cookie is a way for a web site to recognize whether or not you have visited the site before. Westslope Properties may use cookies for administrative purposes, such as customizing the information you see when visiting the Web Site and storing a password for use at the Web Site. Our use of cookies makes your use of the Web Site easier and faster. Westslope Properties' cookies do not read your hard drive or contain any information that you have not already provided to Westslope Properties. Westslope Properties's cookies will not contain information that will enable anyone to contact you via telephone or email. If you prefer, your Internet browser can be set to inform you when cookies are set or to prevent cookies from being used. You are welcome to browse the Web Site anonymously by altering your Internet browser's settings.

 

7. DISCLAIMER OF WARRANTY

 

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED SOLELY AS A CONVENIENCE TO THE WEB SITE'S VISITORS AND USERS, ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ENTIRE RISK OF USING THIS SITE IS WITH YOU. TO THE MAXIMUM EXTENT ALLOWABLE AT LAW, WESTSLOPE PROPERTIES EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SECURITY.

 

8. LIMITATIONS OF LIABILITY

 

You acknowledge and agree that this Web Site is provided solely for your convenience and without liability of any kind on the part of Westslope Properties, including without limitation, for any direct, indirect, special, consequential, incidental, punitive or exemplary damages (including for lost profits, loss of business, business interruption, loss of data, or other similar damages) arising out of or related to this agreement or this Web Site, even if advised of the possibility of any such damages. By way of example, and without limiting the generality of the foregoing, Westslope Properties shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this Web Site. You agree that the limitations in this section shall be deemed to apply to all causes of action and all legal theories, without regard to whether the damages arise from breach of contract, breach of warranty, negligence or other torts. You agree to indemnify, defend, and hold harmless Westslope Properties from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or related to your access to or use of this Web Site, or any violation by you of these Terms.

 

9. TRADEMARKS

 

All product names, trademarks, service marks or other images in this Web Site are either the property of, or used with permission by, Forest Capital Partners, LLC, and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product or service names appearing on this Web Site may be trademarks or service marks of other persons.

 

10. COPYRIGHTS

 

Copyright notice for all pages on this Web Site: "© 2007 Forest Capital Partners, LLC. All Rights Reserved." Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of Forest Capital Partners, LLC's copyrighted works without first obtaining express written consent from Forest Capital Partners, LLC. Any reproduction must include the copyright notice set forth above.

 

11. LIMITATIONS APPLICABLE TO NON-U.S. PERSONS

 

You understand and agree that we are not required to make available or to continue to make available this Web Site to residents of any non-U.S. jurisdiction where we determine, in our sole discretion, that furnishing the Web Site might be unlawful under the laws of such non-U.S. jurisdiction or the laws of the U.S., or compliance with either of such laws is impracticable or commercially unreasonable. You agree to comply with all local rules with respect to your use of the Web Site, including all laws, rules, codes, and regulations of the country in which you reside and the country from you which you access this Web Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

 

12. UPDATES TO THIS AGREEMENT; TERMINATION OF SERVICE

 

Westslope Properties reserves the right, in its sole discretion, to modify the Terms at any time. Any modifications will become effective immediately upon posting to this Web Site. By your continued access or use of this Web Site, you agree to be bound by the Terms as modified. The most current version of this agreement may be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the Web Site's pages. Westslope Properties reserves the right, at any time and for any reason, to change, terminate, limit, suspend or discontinue this Web Site (in whole or in part) or your (or anyone else's) access to or use of this Web Site. You agree that Westslope Properties shall not be liable for doing so. Westslope Properties may, in its sole discretion, refuse or restrict its services to anyone at any time, for any lawful reason.

 

13. ADDITIONAL TERMS

 

Certain areas or aspects of this Web Site may be subject to additional rules, policies procedures, and/or terms (collectively, the "Additional Terms"). You agree to comply with the Additional Terms, and you understand that your use of those areas or aspects of this Web Site is conditioned on your compliance with the Additional Terms. If and to the extent there is a conflict between this agreement and such Additional Terms, the Additional Terms shall control with respect to their subject matter.

 

14. GOVERNING LAW

 

By accessing this Web Site, you agree that the laws of the Commonwealth of Massachusetts, without regard to the conflict of laws and principles thereof, will apply to all matters relating to use of this Web Site. You also submit to the personal jurisdiction of Massachusetts and the venue of the state and federal courts of Massachusetts for all matters relating to this Web Site.

 

15. SEPARABILITY

 

If any provision or condition of the Terms shall be held to be invalid or unenforceable by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining Terms shall not be affected thereby and the Terms shall be carried out as if any such invalid or unenforceable provision or conditions were not contained herein.

 

16. HEADINGS ARE DESCRIPTIVE

 

The heading of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.

 

17. TERMINATION OF SERVICE

 

We may block access to the use of this Web Site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that you breach this agreement. We also reserve the right to block access to this Web Site if we have reason to believe that the general security and/or integrity of the system is being compromised.

 

18. MISCELLANEOUS

 

These Terms do not create, and you and Westslope Properties expressly disclaim, any third-party beneficiary relationships. All provisions of these Terms that by their nature or understanding reasonably should survive the termination of these Terms shall survive.

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