PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using the Site, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Site immediately. Imperium Group, LLC, “Imperium" or "us," "we" or "our" as the context requires, reserve the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.
OWNERSHIP OF SITE AND TRADEMARKS/LAWFUL USE
Unless otherwise expressly noted, all information and materials, including, without limitation, any text, graphics, video, audio, software code, user interface design, logos and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Imperium Group and/or Imperium Group and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, reproduce, republish, upload, transmit, modify, post, frame, deep link or distribute in any way the material from the Site, including any text, graphics, video, audio, software code, user interface design or logos. You may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost or use any content of the Site for public or commercial purposes, including all text, graphics, video, audio, software code, user interface design and logos, without Imperium Group's written permission. Modification or use of the information or materials for any other purpose violates the copyright and/or intellectual property rights of Imperium Group. Neither Imperium Group nor any of its affiliates will treat users of this Site as its clients by virtue of their accessing this Site.
All trademarks, service marks, trade names and logos displayed on the Site are proprietary to Imperium Group, its affiliates and/or their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of Imperium Group or such other third party that may own the trademark displayed on the Site. Your use of the trademarks displayed on the Site, except as provided herein, is strictly prohibited.
The use of the graphics and images displayed on the Site by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws and the laws of privacy, publicity and communications, as well as other regulations and statutes. If you download any information from the Site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
NO OFFER OF SECURITIES
Nothing contained in the Site constitutes investment, legal or tax advice. Neither the information nor any opinion contained in this Site constitutes a solicitation or offer by Imperium Group, any of its affiliates or any fund or other entity managed directly or indirectly by any of the foregoing to buy or sell any securities, futures, options or other financial instruments. Decisions based on information contained in the Site are the sole responsibility of the visitor, and as consideration for access to the sire, you agree to hold Imperium Group and its affiliates harmless from and against any claims whatsoever and of any nature for damages arising from any decisions that you make based on such information.
While Imperium Group uses reasonable efforts to update the information on the Site, Imperium Group makes no representations or warranties as to the accuracy, reliability or completeness of any information on the Site. Opinions, advice and any other content on the Site, including the terms and conditions of your use of this service, are subject to change without notice or liability.
MATERIAL TO BE CONSULTED IN ITS ENTIRETY
All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
The materials in this Site are provided "as is" without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Imperium Group and its affiliates disclaim any and all warranties, express of implied, including but not limited to warranties of non-infringement of third-party rights, implied warranties of merchantability and fitness for a particular purpose. Imperium Group does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contain on the Site and Imperium Group further assumes no responsibility for, and makes no warranties that, functions contained at the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. Imperium Group shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of the Site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Imperium Group and its affiliates expressly disclaim any and all liability whatsoever for error and omission in any information or materials, and for any use or interpretation by others of any information or materials, contained in or accessible through the Site.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IMPERIUM GROUP OR ANY OF ITS AFFILIATES BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF IMPERIUM GROUP OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IMPERIUM GROUP'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE.
Certain laws do not allow limitations or implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
GLOBAL DEALING RESTRICTIONS
Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions and protectorates. The Site is controlled and operated by Imperium Group from its offices within the State of Michigan, United States of America. Neither Imperium Group nor any of its affiliates makes any representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials provided in or accessible through the Site in violation of U.S. export laws and regulations. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Imperium Group and/or its affiliates to any registration or other requirement within such jurisdiction or country.
Certain information provided through this Site may have been filed with the Securities and Exchange Commission ("SEC") (such materials being referred to as "SEC Materials"). The SEC Materials and other public disclosures contained in or accessible through this Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements are typically identified by words or phrases such as likely, believe, expect, anticipate, intend, estimate, position and variations of such words and similar expressions, or future or conditional verbs such as will, would, should, could, may or similar expressions. These forward-looking statements are subject to numerous assumptions, risks and uncertainties, all of which will or may change over time or may be incorrect, and neither Imperium Group nor any of its affiliates assumes any duty to update or correct any forward-looking statements contained in or accessible through the Site. Actual results could differ materially from those anticipated in these forward-looking statements, and future results could differ materially from historic performance.
The following factors, among others, could cause actual results to differ materially from any forward-looking statements or historic performance: fluctuations in U.S. and non-U.S. real estate markets; the impact of increased competition; our ability to attract and retain key personnel; the performance of the funds we manage; our ability to sustain and manage growth; the impact of legal or regulatory proceedings; our ability to manage conflicts of interest; employee misconduct; fluctuations in our revenue and profitability; the introduction, withdrawal, success and timing of business initiatives and strategies; economic conditions; changes in interest rates and financial and capital markets; competitive conditions; subjectivity in valuation methodologies; non-U.S. exchange, political, social and economic uncertainties and risks; terrorist activities and international hostilities; adverse tax treatment; and the impact, extent and timing of technological changes and legislative and regulatory actions and reforms.
LINKS TO AND FROM OTHER WEBSITES AND SERVICES
Imperium Group and its affiliates do not review or monitor any websites linked to or from the Site and none of them is or will be responsible for the content of any such linked websites. Following links to or from such websites is at your sole risk. Accordingly, neither Imperium Group nor any of its affiliates can be held responsible for the information, materials, products or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such websites. Any links to or from other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Imperium Group or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your websites or any third-party website to the Site without the express prior written consent of Imperium Group. Imperium Group reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website to or from the Site.
TRANSMISSIONS TO AND FROM THE SITE
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.imperiumcommercial.com or www.impcre.com domain names or made via the Site may not be secure. Communications to Imperium Group, particularly those containing confidential information, should be sent by mail to: Imperium Group, 50 West Big Beaver Road, Suite 255, Troy, Michigan 48084. Imperium Group and its affiliates will be free to use, for any purpose, without any compensation due or payable to you, any ideas, concepts, know-how or techniques provided by a Site user to Imperium Group through the Site.
PASSWORD SECURITY AND NOTIFICATION
Certain parts of the Site are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by Imperium Group for your specific use. If you have a Personal Identification Number (PIN) for access to non-public areas of the Site, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take all reasonable steps to protect the confidentiality of your PIN. Notify Imperium Group immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.
No waiver by Imperium Group or any of its affiliates of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.
Imperium Group may terminate your access to the Site for any reason and without prior notice. These terms are effective until terminated by Imperium Group, provided that you may terminate these terms at any time only by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Such termination by you will not be effective if Imperium Group, in its sole discretion and without notice to you or otherwise, determines that you have failed to comply with any term or provision of these terms. Upon any termination of these terms, you must destroy all information and materials obtained by you or on your behalf from the Site and all copies and installations thereof, whether made under the terms of these terms or otherwise.
In the event any of the terms or provisions of these terms and conditions shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The preceding terms and conditions represent the entire agreement between Imperium Group and its affiliates, on the one hand, and you, on the other, relating to the subject matter hereof.
DISPUTES, GOVERNING LAW AND CONSENT TO JURISDICTION