By using this Site, you signify your agreement with the Terms without limitation or qualification and agree that the Terms constitute a binding agreement with Sunstone Properties Trust, LLC, its subsidiaries and affiliates (collectively referred to herein as “Sunstone”). IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THE SITE. IF YOU DO NOT AGR EE TO THE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Sunstone may at any time revise these conditions by updating this posting. If Sunstone makes significant changes, Sunstone will endeavor to provide notice on the homepage of our website or through other means prior to the effectiveness of such changes. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions of use to which you are bound.
Not an offer of securities
This Site is limited to the dissemination of general information about the services provided by Sunstone and is for informational purposes only. This Site and the information contained herein do not constitute and should not be construed as an offering of any services or an offer to sell or solicitation to buy any securities or related financial instruments in any jurisdiction. Responses to any inquiry that may involve the rendering of services or effecting or attempting to effect transactions in securities will not be made absent compliance with applicable laws or regulations, or applicable exemptions or exclusions therefrom. Offerings are made only to persons who are “accredited investors” as defined in Rule 501(a) under the Securities Act of 1933, as amended.
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 Sunstone from its offices within the State of California, United States of America.
Sunstone makes no representation that material in or accessible through the Site is 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 material 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 Sunstone to any registration or other requirement within such jurisdiction or country.
Sunstone makes no representation, and it should not be assumed, that past investment performance is an indication of future results. Moreover, wherever there is the potential for profit there is also the possibility of loss. Certain of Sunstone’s strategies involve investments that are illiquid, are subject to a substantial risk of loss and are not suitable for many investors.
Certain information on the Site may contain “forward-looking statements.” These statements are often, but not always, made through the use of words or phrases such as “aim”, “anticipate”, “believe”, “estimate”, “expect”, “forecast”, “goal”, “next”, “possible”, “potential”, “project”, “plan”, “intend”, “seek”, “may”, “can”, “can have”, “will”, “should”, “could”, “likely”, as well as the inverse thereof and similar words, phrases or expressions. Actual events or results may differ materially from those reflected or contemplated in such forward-looking statements. Sunstone makes no representation regarding any forward-looking statements.
Restrictions on use of materials
Except as otherwise permitted by Sunstone, no materials from www.Sunstonept.com or any website owned, operated, licensed or controlled by Sunstone may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this website for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content of this Site for public or commercial purposes, including the text, images, audio and video, without Sunstone’s prior written permission.
Site use restrictions
You shall not (a) use any network monitoring or discovery software to determine the Site architecture, or extract information about usage, individual identities, or users or probe, scan or test for vulnerabilities or breach security or authentication measures, (b) use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site, (c) attempt to violate the security or the Site or tamper with any portion of the Site, (d) access any portion of the Site or any data not intended for you, or (e) attempt to interfere with the operation of the Site.
Trademarks and copyrights
This Site and all its content including, all trademarks, service marks, trade names, logos, and icons are proprietary to Sunstone. 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 this Site without the prior written permission of Sunstone or such third party that may own the trademarks displayed on this Site. Your use of the trademarks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited.
Inquiries concerning use of Sunstone’s trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to Sunstone Properties Trust, LLC, 2820 Townsgate Road, Suite 207, Westlake Village, CA 91361.
Images displayed on this Site are either the property of, or used with permission by, Sunstone. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Login I.D. and passwords; Creation of account
Access to specific areas of this Site may require the usage of a Login I.D. and associated password. If you have a Login I.D. and password, you are responsible for the activities which occur in connection with their usage and as such should take steps to protect them from misuse. If you become aware of any unauthorized use of, loss or theft of your Login I.D. and password, immediately inform a representative of Sunstone. You agree to not share your Login I.D. or password with others. In creating or registering for an account and password on this Site, you represent that you are 18 years of age or older. If you are not 18 years old, please do not use the site.
If you are required to provide information about yourself or your company in connection with registration or otherwise, you agree to provide true, accurate, current and complete information and maintain and promptly update the information to keep it true, accurate, current and complete.
Sunstone may terminate your access to certain restricted portions of the Site and the associated Login I.D. and password for any reason or no reason at any time with or without notice.
Links to other websites
This Site may contain links to other websites. Sunstone does not review or monitor any websites linked from or to the Site and will not be responsible for the content of any such linked website. If you decide to access the linked website, you do so at your own risk. Sunstone is not responsible for the information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. Any such links are provided merely for the convenience of the users of the Site and the inclusion of the links does not imply any endorsement, representation or warranty by Sunstone with respect to any such website or the content or services contained through such websites. Furthermore, you agree not to link any websites to this Site without the express prior written consent of Sunstone.
Sunstone makes no warranties or representations as to the accuracy of this Site. Under no circumstances shall Sunstone or any party involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site, even if a Sunstone authorized
representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Sunstone also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.
WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH HEREIN, THE SITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE BY SUNSTONE “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. SUNSTONE MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF SUNSTONE. SUNSTONE DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of liability
SUNSTONE ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS. IN NO EVENT WILL SUNSTONE BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENTS, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF SUNSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SUNSTONE UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENTS SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).
You agree to defend, indemnify and hold Sunstone and its directors, officers, members, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from (i) your use of the Site, in whole or in part, or (ii) your breach or violation of law or any provisions contained herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.
Governing law and consent to jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state of California applicable to agreements made and to be performed wholly within such state. You agree that any dispute or action at law or inequity arising out of or relating to these Terms or your use of the Site shall be commenced only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.
No waiver by Sunstone of any right under or term or provision of these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time or a waiver of that or any other right, term or provision of these Terms at any other time.
Integration and severability
The Terms are effective until terminated by Sunstone for any reason or no reason with or without notice, provided that you may terminate the Terms at any time by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation, copies, and installations whether made under these Terms or otherwise. Such termination by you will not be effective if Sunstone, in its sole discretion and without notice to you, determines that you failed to comply with any term or condition stated herein. Upon termination of these Terms you must destroy all information and materials obtained by you or on your behalf from the Site and all associated documentation, copies, and installation whether made under these Terms or otherwise. Notwithstanding any termination of the Terms, the provisions under the headings “”Disclaimers”, Limitation of liability”, “Indemnification”, “Governing law and consent to jurisdiction” and any other terms that by their nature should survive shall survive any such termination.