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American Capital Investments LLC
is not a registered broker-dealer and may not sell, offer to sell,
or offer to buy any security. No information on our site or provided
by us should be construed as an offer to sell or an offer to buy
securities, nor a solicitation of an offer to buy or an offer to
sell securities to residents of states in which registration would
be required or where such offer or solicitation would not be permitted
by law. All information on our site or provided by us is intended
to be strictly for informational purposes.
American Capital Investments LLC Terms and Use
Terms of Use
The submission of information to, and use of, the project
listing/posting service available through this website
is subject to the following terms and conditions. BY SUBMITTING
INFORMATION to, or accessing information from, the Service, you
and the end user customer AGREE TO THE FOLLOWING
TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement
between you and ACI LLC. If you do not agree to these Terms and
Conditions, do not submit information to, or access information
from, the Service.
Warranty
There is no warranty. ACI does not warrant or make any specific
or particular representations regarding the operation of the website,
the use, validity, or the results of the use of the materials on
this website, the products or services obtained through this website
or any other websites linked to this website. ACI does not
ensure the accuracy of, endorse or recommend any Content or Listing/Posting
provided by persons not under the control of ACI, and User
uses such listings/postings at its own risk. Certain of the materials
listed/posted on this website by those outside of ACI may be
out of date, and ACI makes no commitment to update such materials.
While it takes reasonable steps to prevent such problems, ACI
does not and cannot guarantee or warrant that the files or information
available on or for downloading from this website will be free from
infection, viruses, worms, or other codes that manifest contaminating
or destructive properties. Likewise, while it endeavors to make
sure its services are always available to its Users, ACI does
not warrant that the website, software, materials, products or service
will be uninterrupted or error-free or that any defects in the website,
software, materials, products or service will be corrected.
Use of Information
User shall use this website solely for User's own use. User may
access the ACI View Projects to obtain information from which
further evaluation and investigation by the User may commence. ACI
does not ensure the accuracy of, endorse or recommend any listings/postings
and User uses such listings/postings at its own risk.
User shall not use the ACI website, or any information from
the ACI website, to send unsolicited communications or Investments
to other Users of the ACI website or to any broker, agent,
or prospective client.
Submission and Administration of Content
to the Website
User shall not submit any Content to the ACI website unless:
(i) User has received all necessary rights and authorizations, including
rights from the photographer and/or copyright owner of any photographs,
as applicable, to publish and advertise the Content as part of the
ACI website and to allow the Content to be accessed, downloaded
and copied by ACI and Users of the ACI website; (ii) the
Content is accurate and User agrees to administer the Content and
maintain its accuracy at all times. User represents, warrants and
covenants that the foregoing is correct at the time of submission
and will remain correct as long as the listing/posting is used in
connection with the Service.
Right to Reject Content
ACI assumes no responsibility or obligation to review any Content.
ACI reserves the right, in its sole discretion, to reject or
remove any Content for any reason or purpose whatsoever. No User
shall submit or post any Content which: is inconsistent with the
purpose or use of the ACI website; violates any applicable
law, regulation or third party right; contains offensive, inaccurate,
defamatory, libelous or slanderous statements, pornographic material
or links to websites containing pornographic materials; encourages
illegal activity or racism; provides instructions or discussions
about illegal activities; promotes or utilizes software or services
designed to deliver unsolicited e-mail; relates to products or advertisements
that are offensive or inappropriate; involves the potential infringement
of any third party's copyright, trademark or other intellectual
property rights; or for which ACI believes has resulted or
could result in legal liability or adverse publicity to ACI
as a result of such Content.
Copyrights
ACI acknowledges User's copyright rights in its subjective
and/or promotional remarks contained within any submitted Content.
User acknowledges ACI's copyright rights in the website, including
the selection, arrangement and display of facts within Content,
and in subjective or discretionary information (if any) added by
ACI to a Content, or any third party, ACI
may (but will have no obligation to) enforce User's copyrights in
any Content submitted by User, and User may (but will have no obligation
to) enforce ACI's copyrights in any Content submitted by User.
User will also indemnify ACI for any and all costs and expenses
(including attorneys' fees) associated with any legal action brought
by User.
Other Rights of ACI
User agrees that ACI shall have the right to use any Content,
or any portion thereof, and other information submitted to it for
any purpose, including without limitation for publication of all
or part of such Content on the World Wide Web for unrestricted use
by others. ACI shall have sole authority to choose the manner
in which any Content will be received, accessed, displayed, downloaded
and used by the services, and reserves the right to remove all or
any part of a Content or refuse services to anyone at any time in
its sole discretion. ACI shall have no obligation to (i) resolve
disputes among Users of the ACI website; or (ii) monitor or
verify the accuracy or proper use of the Content. If user defaults
with respect to any provision of this Agreement, ACI may automatically
terminate User's right to post Content on the ACI website immediately
and User's currently posted Content may be removed from the ACI
website in ACI's sole discretion.
Restrictions on Content and Graphical Images
You may not copy, post or upload any of ACI's Content, including
property photographs, to an Internet website, any public or private
bulletin board system, or any other electronic network or Internet
service.
Linking and Framing Prohibited
User will not establish a hyperlink between any other website and
this website, or permit anyone else to establish such a link, either
to the home page or to any other page herein. User will not frame
any page or portion of this website. The creation and/or the facilitation
of the creation of hyperlinks and/or frames to this website are
expressly prohibited.
Release and Waiver and Covenant Not to Sue
User hereby releases and discharges ACI, and each of its officers,
directors, employees, shareholders, business partners, customers
and any other authorized agent or representative of ACI, from
any and all liability associated with User's use of the ACI
website. This release shall apply to any and all claims, known or
unknown, held by User.
With respect to the releases contained herein, the parties agree
that this release fully and finally releases and forever resolves
the actions and liabilities released herein, as well as under any
other statutes or common law principles of similar effect.
User hereby also agrees and covenants not to sue ACI for any
claim that is released hereunder or for an amount in excess of the
limitation of liability provided in this Agreement.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed under
the laws of the State of Texas. All disputes arising out of or
related to these Terms and Conditions, the Content or the ACI
website shall be subject to the exclusive jurisdiction of the State
of Texas, and the parties agree and submit to the personal and
exclusive jurisdiction and venue of these courts.
Entire Agreement
This is the entire agreement between the parties relating to the
subject matter hereof and no waiver or modification of these Terms
and Conditions shall be valid unless in writing and accepted by
each party. The waiver of a breach of any term hereof shall in no
way be construed as a waiver of any other term or breach hereof.
If any provision of this Agreement shall be held by a court of competent
jurisdiction to be contrary to law, the remaining provisions of
this Agreement shall remain in full force and effect.
Indemnity
User will indemnify and hold harmless ACI against any claim,
action, legal proceeding, damages, liability, settlements, expenses
(including attorneys' fees) and other costs arising out of or relating
to (i) breach of these terms and conditions, (ii) negligence or
misconduct by equity seeker, (iii) a claim that any Content or other
information provided by User infringes the copyright, trademark,
trade secret, patent or other proprietary right of a third party
or (iv) the use of any information or Content provided by ACI.
User will also indemnify ACI for any and all costs and expenses
(including attorneys' fees) associated with any legal action brought
by User.
The submission of information to, and use of the use of the ACI
website, is subject to the applicable terms and conditions. By submitting
information to, or accessing information from, the ACI website,
you agree to the then current terms and conditions. The terms and
conditions are a legal agreement between you and ACI. If you
do not agree to the terms and conditions, do not submitt information
to, or access information from, the ACI website.

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