TERMS AND CONDITIONS FOR YOUR USE OF THE FLAGSHIP HEALTHCARE TRUST, INC. AND FLAGSHIP HEALTHCARE PROPERTIES, LLC WEBSITE
This Site is owned and operated by Flagship, and we may change, discontinue, or restrict the use and availability of any portion of this Site at any time, without notice or liability. By using this Site, you consent to having Flagship and its affiliates monitor your use for our own internal business purposes, without liability.
This Site is not an offer to sell securities or the advertisement for or solicitation of an offer to purchase securities in jurisdictions where not lawful or prohibited.
Restrictions on Use and Limited License to Use
You are not authorized to do any of the things with respect to this Site or the information on this Site described below (unless Flagship or its affiliates has a separate written agreement with you permitting you to take any of the following actions).
With respect to any information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by or obtained from this Site, whether through links or otherwise (referred to collectively as “Materials”), you may not distribute, forward, transmit, post, display, reproduce, redeliver in any manner, modify, copy, screen capture, perform, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, and software without our express written consent.
You may not take any actions, individually or together with others, that could or is intended to block, slow, overwhelm, damage, or disable: (i) this Site or any of its functionality, (ii) any Materials or services provided through this Site, or (iii) any systems, networks, servers, or accounts related to this Site.
You may not take any action to test or observe any vulnerability of the Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site through any means, including, without limitation, by circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Site.
Without our permission by separate written agreement, you may not copy, remove, hide or display Flagship’s or its affiliates’ name, logo, trademarks, text, notices, or images.
You may not use the name “Flagship” or any variation thereof, or any trademark of Flagship or its affiliates, or use the names of any of our officers, employees or directors, or any variation of any of such names in any way that creates an impression of affiliation, sponsorship, or endorsement by Flagship or its affiliates.
Limitations on Linking to this Site
You may not post, embed or otherwise link to this Site in any medium without our prior written consent.
User Content and License Grant
You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available via the Site (“User Content”). By submitting, uploading, posting, e-mailing, or transmitting User Content to the Site, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express written permission from the owner to copy and use such User Content for all purposes related to the Site, and you agree not to create, post, upload or otherwise provide any illegal or harmful material to the Site. We are not responsible for the User Content uploaded via the Site and we may take down or delete any information User Content for any reason or no reason. We do not guarantee the accuracy, quality, or appropriateness of any User Content.
You grant Flagship and its members, affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully paid up, royalty- free, sublicensable, and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in our sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. Flagship shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of use that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.
Materials and Other Content
The Materials and other content on this Site are for information, education, and noncommercial purposes only. From time to time, we may provide information on investment alternatives and background information on types of investment, and opportunities to buy securities of our affiliated funds, this information or other content available through this Site is not legal or tax advice. You are solely responsible for evaluating, or engaging legal, financial, tax or other advisors to assist you in evaluating, the merits and risks associated with the use of any Materials on this Site before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold Flagship, its members, affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors or any third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this Site, except as otherwise provided by non-waivable provisions of law. By providing any Materials, including access to websites of third parties, none of Flagship, its members, affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors are recommending the purchase or sale of the products or services of, or securities issued by, any company, nor are any of such persons endorsing services provided by any website’s sponsoring organization.
Products and services provided to you through this Site may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.
Copyright Policy, Notice, and Claim Information
All Materials on this Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Flagship or its affiliates and its third-party information providers, and are protected by United States and international intellectual property laws.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Flagship designates an agent as described below to receive notifications of claimed copyright infringement by mail: Paul A. Steffens, Troutman Sanders LLP, 301 S. College St, F34, Charlotte, NC 28202.
If you have any other customer service questions or would like an alternative method of reaching us, please click Contact.
All trademarks, service marks, and logos appearing on this Site are the exclusive property of their respective owners.
We may, from time to time, include Materials on this Site that are provided by third parties who we believe are reliable sources. We do not guarantee, and we have no liability to you with respect to, their accuracy, timeliness, completeness, or suitability for use. We do not endorse the content, advertising, or recommend the products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that we have provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by us with respect to such website, its owners, providers, or services. You agree to use any such third-party content at your own risk and that we are not liable for any loss or damage that you may suffer by using third-party websites or any content, advertising, products, or other materials in connection therewith.
Timeliness of Content
Materials on this Site are presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
No Warranty; Disclaimer of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, FLAGSHIP AND ITS MEMBERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD- PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES.
FURTHER, FLAGSHIP AND ITS MEMBERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS, EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS SITE.
EXCEPT AS PROVIDED BY LAW, NONE OF FLAGSHIP, ITS MEMBERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND VENDORS NOR ANY OF OUR THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
Liability and Indemnity
YOU ASSUME ALL RISKS, INCLUDING RISK OF DAMAGE TO ANY COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA, FROM ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE.
NONE OF FLAGSHIP, ITS MEMBERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES, INCLUDING THOSE CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTALOR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF FLAGSHIP AND ITS MEMBERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
Integration and Severability
Applicable Law and Venue