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Terms Of Agreement

Offering Planet is owned and operated by OPR, Inc. (“OPR”) and is made available to you for informational purposes only. Certain portions of Offering Planet may be accessed only by those individuals and entities who register with this website. You will be required to fill out a registration form on www.offeringplanet.com in order to gain access to the information contained therein. You represent and warrant that all information submitted by you during the registration process (“Registration Data”) is complete and accurate in all respects. You further agree to update your Registration Data in the event that such data changes in the future in order to maintain the completeness and accuracy of your Registration Data in all respects. OPR retains the right to accept or reject any such registration in its sole discretion.

By accessing or using Offering Planet, you agree to these Terms of Agreement and to our Privacy Statement. You will be required to check an appropriate box as part of the registration process in order to indicate your assent to these Terms of Agreement and our Privacy Statement prior to using or accessing the information contained on www.offeringplanet.com. If you do not agree to the Terms of Agreement and Privacy Statement, you may not access the information contained on Offering Planet.

Use of Offering Planet
You may access the information on this website only through use of an authorized User ID and password. You are solely responsible for maintaining the confidentiality of your User ID and password, and you shall be deemed responsible for all use of the website through your User ID and password. Under no circumstances may you transfer your User ID and password to any other person or organization or otherwise permit any third party to use your User ID and password to access the information contained on www.offeringplanet.com.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website. You may display and print hard copy portions of the material contained on the website for your own non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notices.

Any other use of materials on the website, including, but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this website, without the prior written permission of OPR, is strictly prohibited.Any material you download, including but not limited to software, files, graphics, data or any other content, is owned by OPR or its third party providers. When you download these materials, they are provided to you by OPR under a license that is revocable at any time, with or without cause.

Legal Disclaimer
The copies of the offering plans and all other content on www.offeringplanet.com is for general informational purposes only. Absolutely no representation is made about the completeness and veracity of the content contained herein, including any documents, posts or links associated with this website. As Philip J. Lavender is an attorney and Marcus Attorneys is a law firm he is a member of, some of the information on this site and the www.lavenderlawblog relates to legal topics, an attorney client relationship is not created with you when you use this site.

By using the site, you agree that the information on the Offering Planet (www.offeringplanet.com) does not constitute legal or other professional advice and no attorney-client or other relationship is created between you, Philip J. Lavender or Marcus Attorneys. Do not consider Offering Planet or www.lavenderlawblog to be a substitute for obtaining legal advice from a qualified attorney licensed in your state. The information on this website, www.lavenderlawblog or any other attached or affiliated webisite may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While attempts will be made to revise this site on a regular basis, it may not reflect the most current legal developments or updates on any particular offering plan.

The opinions expressed at or through this website or www.lavenderlawblog.com are the opinions of the individual author and may not reflect the opinions of the firm of Marcus Attorneys or any individual attorney. The posting of an offering plan on this site shall not be construed as a representation of the Sponsor of a condominium or cooperative building or any other future, current or prior client of Philip J. Lavender or Marcus Attorneys.

The information contained on this site is not to be construed to be an endorsement, offer or advertisement by Offering Planet, OPR, Inc., Philip J. Lavender or Marcus Attorneys to sell any condominium unit, cooperative apartment or other piece of real estate in New York State, any other state, province of the United States of America or any other nation. OPR makes no representations or warranties about the continued availability of any content on Offering Planet supplied by OPR, you or any third party.

Offering Planet and the materials, information, services and products on this website, including (without limitation) text, graphics and links are provided “as-is”, without warranties of any kind whether express or implied to the fullest extent pursuant to applicable law. OPR disclaims all warranties, express or implied, including (but not limited to) implied warranties, non-infringement, freedom from computer virus and warranties from course of dealings or course of performance.

OPR does not represent or warrant that the functions contained in this website will be uninterrupted or error-free, that defects will be corrected or that this website or the attending server that hosts this website are free of viruses or other harmful components. OPR does not make any representations or warranties regarding the use of the materials on www.offeringplanet.com in terms of their completeness, correctness, availability, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. In addition to the above, you (and not OPR) assume the entire cost of all necessary servicing, repair and correction.

Circular 230 Disclosure Notice: To ensure compliance with Treasury Department rules governing tax practice, you are informed that any information contained in any post on this website, www.lavenderlawblog or in any attachment was not written and is not intended to be used, and cannot be used, for the purpose of avoiding any federal tax penalty that may be imposed on the taxpayer.

Again, absolutely no representation is made regarding the content contained on the Offering Planet or www.lavenderlawblog.com, including the completeness and/or veracity (truthfulness) of the matters contained herein.

Proprietary Rights
You acknowledge that this website, any software used in connection with the products and services provided on this website (if any), and all content contained on this website, are owned by OPR and contain or consist of proprietary and confidential information that is protected by applicable intellectual property and other laws. OPR retains full and complete title to the foregoing software, materials and information and to all of the associated intellectual property rights contained on the website. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.

Any logos, trade names, and product and service names contained on this website are the trademarks and service marks of OPR or its third party providers. You agree not to display or use in any manner such logos, trade names, product names, or service names without the prior written permission of OPR. OPR also retains ownership of the “look and feel” of this website, including color combinations, buttons, layout, and other graphical elements.

Indemnification
You agree to indemnify, defend, and hold harmless OPR, its officers, directors, employees, agents, licensors and third party suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to your account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the website using your User ID and password.

Links To Other Websites
This website may provide access to other World Wide websites. OPR does not control these websites, and you access them solely at your own risk. OPR also does not endorse or approve any products or information offered at websites you reach through this website. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in this OPR website or have moved to another website.

Jurisdiction
Any claim relating to the website or your use of it shall be governed by the internal substantive laws of the State of New York, without regard to its conflict of laws provisions and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this website shall be in the state or federal courts located in New York, New York.

Not withstanding the foregoing, in the event a dispute of any kind or nature arises under or related to these Terms of Agreement, OPR may, at its option, commence an arbitration proceeding in lieu of instituting an action in a court of competent jurisdiction, by providing to you a demand for arbitration. The parties shall, within thirty (30) days of such demand for arbitration, select a mutually agreeable arbitrator and submit the dispute to such arbitrator for binding arbitration, through the New York County American Arbitration Association Regional Office, under the Commercial Arbitration Rules of the American Arbitration Association.

If the parties are unable to agree upon an arbitrator, the arbitrator shall be appointed in accordance with the rules and procedures of the American Arbitration Association. The arbitration fee shall be paid or reimbursed by the non-prevailing party, as determined by the arbitrator, who shall also award appropriate attorneys’ fees and costs to the prevailing party.

Modification of the Website and These Terms of Agreement
OPR does not promise that any materials or information provided by you on www.offeringplanet.com will remain available to you. OPR is entitled to terminate all or any portion of this website at any time, without notice to you. OPR also reserves the right to change the terms, conditions, and notices under which this website is offered, and your use of the website following any such changes shall be deemed to constitute your consent to such modified Terms of Agreement. You agree to regularly review these Terms of Agreement to verify whether they have been changed.

Termination
OPR may terminate your access to this website at any time with or without cause and without prior notice. In the event of termination of such access, you acknowledge that any material, data and information you have submitted to OPR on this website may be lost or may otherwise no longer be available to you.

Miscellaneous
You acknowledge and agree that, in the event of any breach of these Terms of Agreement by you, OPR would be irreparably and immediately harmed and could not be made whole by monetary damages alone. Without prejudice to any rights and remedies otherwise available, OPR shall be entitled to equitable relief by way of injunction in the event of a breach of any provision of these Terms of Agreement.

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and OPR regarding all aspects of your use of this website.

The provisions of these Terms of Agreement that, by their nature and content, must survive the completion, rescission, termination or expiration of these Terms of Agreement in order to achieve the fundamental purposes of these Terms of Agreement (including but not limited to the provisions entitled “Proprietary Rights,” “Material You Submit,” “Disclaimer,” “Limitation of Liability,” “Indemnification,” “Jurisdiction,” and “Termination”) shall so survive and continue to bind the parties.