TERMS OF USE OF

AllanteProperties.com

The terms of use upon which Allante Properties, LLC (“Allante”) offers You access to Allante’s Sites and related Services are as follows:

Introduction

Welcome to Allante!

As used herein, the terms “We”, “Our”, “Us” or “Allante” refer to, and may be used interchangeably with, Allante Properties, LLC, and its affiliated entities, members, managers, officers, directors, employees and legal counsel. The terms “You”, “Your” and “User(s)” refer to, and may be used interchangeably with, any person who accesses or uses AllanteProperties.com website and other related websites where this agreement appears (the “Sites”).

General

In connection with Your review of these Terms of Use, please read Allante’s Privacy Policy, as well. By accessing the Sites and/or using the services offered by the Sites (the “Services”), You agree and acknowledge to be bound by these Terms of Use (the “Terms”). If You do not agree to these Terms or to Our Privacy Policy, please do not access the Sites or use the Services. We reserve the right to change these Terms at any time. Any modifications to these Terms will be posted on this Web page. We recommend that You periodically check the Sites and this web page for changes.

 

Allante is located at:

 

Allante Properties, LLC

Attn: Manager of Information Technology

8400 East Prentice Avenue

Penthouse Suite 1500

Greenwood Village, Colorado 80111

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. We do not guarantee that We will take action against all breaches of these Terms.

We may amend these Terms at any time by posting the amended terms on this Site. Except as stated elsewhere, all amendments to these Terms shall automatically be effective thirty (30) days after they are initially posted. These Terms set forth the entire understanding and agreement between You and Us with respect to the subject matter hereof. The following Sections survive any termination of these Terms and Your agreement thereto: Fees and Services (with respect to fees owed for Our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

License to Use AllanteProperties.com

We grant You a limited license to access the Site and use the Services in accordance with these Terms of Use and the instructions and guidelines posted on the Sites. We reserve the rights to terminate Your license to use the Sites and Services at any time and for any reason and to charge for use of the Sites and Services both now and in the future.

Content License

When You provide Us with information and/or content, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) that You have in such information and content, in any media known now or in the future.

Using Allante

While using the Sites, You will not:

  • Post content or items in an inappropriate category or areas on the Sites;
  • Violate any laws, third party rights, or Our policies;
  • Use the Sites if You are temporarily or indefinitely suspended from Our Sites;
  • Fail to deliver payment for service purchased by You without cause;
  • Fail to deliver services purchased from You without cause;
  • Interfere with other users use of the Site or the Service;
  • Circumvent or manipulate Our fee structure, the billing process, or fees owed to Us;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Sites or for using it for purposes unrelated to Allante);
  • Transfer Your account with Allante (including feedback) and/or Your personal user identification to another party without Our consent;
  • Distribute or post illegal content (e.g. spam, chain letters, or pyramid schemes) to Allante or by use of the Sites;
  • Distribute viruses or any other technologies that may harm Allante, or the interests or property of Our Users;
  • Copy, modify, or distribute content from the Sites and Our copyrights and trademarks; or
  • Harvest or otherwise collect information about Our Users, including email addresses, without their consent.

Fees and Services

Accessing the Sites is free. We do charge fees for using other Services. When You use Services for a fee, You have an opportunity to review and accept the fees that You will be charged based on Our fees schedule, which We may change from time to time. Changes to Our fees schedule are effective after We provide at least fourteen (14) days notice by posting the changes on the Sites. We may choose to temporarily change the fees for Our services for promotional events or new services, and such changes are effective when We post the temporary promotional event or new service on the Sites.

Unless otherwise stated, all fees are quoted in U.S. dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with Us and retaining collection agencies and legal counsel.)

Representations and Warranties

As a user of the Service, you understand, represent, warrant, and agree that:

  • You are over 18 years of age;
  • You agree and acknowledge that any investments made using the Sites will be directly in and with the issuer of the Offering in which you are subscribing on a self directed basis, and that Allante will not be providing investment advice;
  • Your use of the Services, whether publishing or viewing anything thereon, as well as any communications and/or interactions you have with others, is entirely voluntary; you can stop your use of the Services at any time, and there is nothing forcing you to participate. You are solely responsible for Content you view and/or publish, and for your interactions with others;
  • You are solely responsible for setting, managing and securing your passwords, and are fully responsible for all activities that occur under your profile name;
  • If you or anyone else using the Services are in any way damaged by anything arising from your use of the Services, with such damage(s) being financial, psychological, physical, or otherwise you agree to indemnify Allante, as well as all officers, directors, employees, representatives, service providers, partners, and agents, and hold them harmless from any such damage(s);
  • By using the Site and/or the Services, you acknowledge, represent and agree that you and/or your investment entity (a) meet the suitability requirements of an Offering; (b) will keep the Offering documents confidential; and (c) will indemnify and hold harmless Allante from and against any and all damages suffered and liabilities, expenses and losses incurred by Allante arising out of or relating to any untrue statement of fact, omission or inaccuracy made by you;
  • You agree not to gain unauthorized access to the Service, other users accounts, names, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
  • You agree not to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Sites or Services or the rights or use and enjoyment of the Sites or Services by any other person, firm or enterprise;
  • You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract, capture, or download any Content from the Sites or Services. You agree not to use or launch any automated system that accesses the site in a manner that sends more request messages to Allante servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we allow the operators of public search engines, as well as certain partners and regulatory organizations, permission to use spiders and application programming interfaces (“API’s”) to copy non-password protected Content from the Service for the purposes of creating publicly available, searchable indices of the materials, including caches or archives of such materials, and for traffic metrics;
  • You will abide by standards of conduct and decency which are in line with the general online community, as well as all laws. Violation of this, in Allante’s sole and absolute discretion, may result in Allante taking appropriate action against you including, without limitation, deleting content, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content that: (a) is in any way illegal or unlawful for you to personally view or post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with; (b) you do not own the copyright to; (c) harasses or advocates harassment of another person; (d) is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (e) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; (f) provides access (either directly or via links) to an illegal or unauthorized copy of another person’s copyrighted work, such as computer programs, music, videos, photographs, art, etc; (g) providing information to circumvent manufacturer-installed copy protect devices; (h) provides instructional information about activities such as making or buying weapons, violating someone’s privacy, or creating or distributing computer viruses; (i) solicits passwords or personally identifying information from others; (j) is an adult soliciting a relationship with a minor; (k) constitutes, or could be construed as, harmful matter or indecent communications to minors; (l) constitutes, or could be construed as, child pornography or the abuse of children; (m) constitutes, or could be construed as, being abusive to animals; (n) entices or promotes hate or violence against any particular race, nationality, religion, or lifestyle; (o) incite or inflame incendiary reactions or behavior in cultures or groups of people or organizations; (p) is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, or injurious to the reputation of any person or entity; (q) is either directly or indirectly an unapproved advertisement of any form for commercial purposes; (r) constitutes an infringement, misappropriation or violation of any person’s intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights; (s) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy protect devices, or providing pirated music or links to pirated music files and, in any program, file, data stream or other material contains viruses, worms, “Trojan horses” or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person or entity; and (t) promotes or solicits for any competing business to Allante, or to any Allante linked partner.

As the provider of the Sites and Services, Allante represents and warrants that it will use commercially reasonable efforts to maintain the Sites and Services in good working order, online most of the time, and available to people in general where such content is accessible and not otherwise blocked by technology and/or laws which are out of our direct control. We make no representations or warranties with regards to data integrity, availability, archives, security or back-ups. We strongly encourage you to keep local back-ups on your own computer of all your data and information, and to not post any personally identifiable information on the Sites or Services. Allante makes absolutely no representations or warranties on data integrity or security of any Content or other information including, but not limited to, photos, text, emails, account settings, ip addresses, email addresses, ACH or credit card information. Nor do we make any representations or warranties about any member, any Content, or any online or offline interactions you have.

Private Placement Securities

The Sites and Services may include use by portals, brokers, investment advisers, attorneys, accountants, issuers, investors, media and other users active or interested in offerings of private securities issued by Allante and/or its affiliated entities which raise capital using registration exemptions pursuant to the Securities Act of 1933, including but not limited to Regulation D Rules 506(b) and 506(c) (an “Offering”). Such securities are unregistered and not subject to the same level of disclosures, regulatory filings or due diligence as public companies and, as such, are held by regulators to be much riskier for investors and other parties involved in public company offerings. Offerings may only be available to certain investor types, classes and/or groups, depending upon the type of offering, various regulatory requirements, and/or the preferences of the issuer and their advisers; including, but not limited to, limiting deal access or investment capability to accredited investors, to clients of specific brokers, and/or to members of certain organizations.

Abusing Allante

We desire to keep the Sites working properly and Our Users safe. We ask that You please report problems, offensive content, and policy violations to Us immediately. Without limiting other remedies, We may limit, suspend, or terminate Our service and User accounts, prohibit access to Our Sites, delay or remove hosted content, and take technical and legal steps to keep users off the Sites, if We think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of Our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

User Responsibility

You are solely responsible for Your use of the Sites and Services. User-posted content does not represent Our advice, views, opinions or beliefs. We make no claim of accuracy of any User-posted material. Any links from Our Sites are not Our responsibility and such linked websites’ content, business practices and privacy policies are not under Our control. We are not responsible for the content of any such linked website or any link contained in a linked website. The inclusion of a link on the Sites or Services does not imply any endorsement by or any affiliation with Us. In accessing the Sites and Services or following links to third-party websites You may be exposed to content that You consider offensive or inappropriate; in which case You agree that Your only recourse is to stop using the Sites and Services.

User-Posted Content

By providing content, You are granting permission to Us to access and use it in connection with the Services, the Sites and otherwise in connection with Our business. We are explicitly not responsible for the manner or circumstances by which unauthorized third parties access or use content. Although We may remove Your posted content and Your personal information to/from the Sites, You acknowledge that this ability does not extend to copies that others may have made or to copies that We may have made for backup purposes.

Feeds and API

We may provide You with access to portions of the Sites and Services via RSS feeds and an API. For the purposes of these Terms, such access constitutes use of the Sites and Services. You may not use these or any other features or the Sites itself to allow the display of a substantial portion of Our database or reproduce, duplicate or copy the Our Sites.  We reserve the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.

Intellectual Property (Including Trademarks & Copyrights)

Allante, Our logos, and Our Sites’ designs are Our trademarks or trade dress, and may not be used without Our express written permission, other than for proper attribution. All other trademarks not owned by Us that appear on Our Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by US.

Our originated content included on the Sites, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Sites, constitutes the property of Allante and its licensors and, as such is protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any of Our originated content is permitted without prior written permission from Us.

User-posted content is copyrighted, and any use or reproduction of User-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.

No Warranty and Limitation of Liability

We provide the Sites and Services “as is” and without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.

You understand and agree that You use the Sites and Services at Your own discretion and risk and that You will be solely responsible for any damages that arise from such use. Under no circumstances shall We be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the Sites or Services, damages incurred through any links provided on the Site and the nonperformance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not We have been advised of such possibility. Your only right with respect to any dissatisfaction with the Site or Services or with Us shall be to terminate use of the Site and Services. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to You.

You will not hold Us responsible for other Users’ actions or inactions, including things they post. Further, We cannot guarantee continuous or secure access to Our services, and operation of the Sites may be interfered with by numerous factors outside of Our control. Accordingly, to the extent legally permitted, We exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of Your use of Our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You.

Regardless of the paragraphs in this section, if We are found to be liable, Our liability to You or to any third party is limited to the greater of (a) the total fees You paid to Us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If You have a dispute with one or more Users, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Access and Interference

Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Us by Our Users or by third parties. You agree that You will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without Our express written permission.

Additionally, You agree that You will not:

  • take any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately large load on Our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your information) from the Sites without prior expressed written permission from Us and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
  • bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Sites.

Privacy

We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent. We use Your information only as described in Allante’s Privacy Policy. We consider protection of Users’ privacy as a very important principle. We store and process Your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information You provide Us and choose not to receive certain communications by signing-in to Your account. We use third parties to verify and certify Our privacy principles. For a complete description of how We use and protect Your personal information, see Allante Privacy Policy. If You object to Your information being transferred or used in this way please do not use Our Sites or Services.

Indemnity

You will indemnify and hold Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of any of these Terms, or Your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Notices

Except as explicitly stated otherwise, legal notices shall be served on Our national registered agent (in the case of Us) or to the email address You provide to Us during the registration process (in Your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

Resolution of Disputes

If a dispute arises between You and Us, Our goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and We agree that We will resolve any claim or controversy at law or equity that arises out of these Terms or Our Services (a “Claim”) in accordance with one of the subsections below or as You and We otherwise agree in writing. Before resorting to these alternatives, We strongly encourage You to first contact Us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes – These Terms shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions. You agree that any Claim or dispute You may have against Us must be resolved by a court located in the City and County of Denver, Colorado, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the City and County of Denver, Colorado for the purpose of litigating all such claims or disputes.
  • Arbitration Option - For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims - All Claims You bring against Us must be resolved in accordance with this Resolution of Disputes section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should You file a Claim contrary to the Resolution of Disputes Section, We may recover attorneys’ fees and costs up to $5,000, provided that We have notified You in writing of the improperly filed Claim, and You have failed to promptly withdraw the Claim.

Contacting Us

If you have any questions or comments about any aspect of these Terms of Use, please contact:

Allante Properties, LLC

Attn: Manager of Information Technology

8400 East Prentice Avenue

Penthouse Suite 1500

Greenwood Village, Colorado 80111

brandon@mydezi.com

If you have any questions or comments about Allante’s Privacy Policy, please click here.

Effective Date

These Terms of Use was last updated on March 1, 2016.

 

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