D4PropertiesLLC.com (the “Website”) is a website operated by D4 Properties, LLC (also referred to as "D4", "we" or "us"). By accessing the Website, the pages contained on it, and the information and material contained or described herein (together the “Information”), you acknowledge your agreement to be bound by, and understanding and acceptance of, these Terms and Conditions of Use. You acknowledge your understanding that these Terms and Conditions of Use constitute a binding agreement between you and D4 that governs your access and use of the Website, which includes any images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems , written materials, services and other content (together, ”Content”). D4 grants you a limited right to use the Website. The individual user shall not use the Website in any way that is fraudulent or unlawful. Your right to use the Website is subject to your agreement to abide by the Terms and Conditions of Use in their entirety. At any time, for any reason, D4 may revoke your right to use the Website. D4 reserves the right to make changes to the Website and the Terms and Conditions of Use at any time without prior notice to you. For this reason, each time you use the Website, you should visit and review the then-current Terms and Conditions. The Website and the Content 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. As a condition of your use of the Website, you agree to indemnify and hold D4 and its associates (defined below) harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees), as incurred, arising from your use of the Website or related services or from your violation of the Terms and Conditions of Use. Each time you use the website, your use indicates your full acceptance of and agreement to abide these terms and conditions in current form. If you do not agree to these terms and conditions of use,  you agree that your sole and exclusive  remedy is to discontinue using the website. Your compliance with these terms and conditions of use is a condition to your right to access the website. 

 

Website Security. You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these Terms and Conditions of Use. When accessing the Website, users should be aware that the internet is generally not regarded as a secure environment, and that data sent via the internet can be accessed by unauthorized third parties, potentially leading to disclosures, changes in content or technical failures. D4 does not accept any responsibility or liability for the security of data while in transit via the internet.

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Ownership of Materials on Website. The Website, including all Information, is owned by or licensed to D4 and is subject to and protected by various intellectual property rights, including but not limited to copyright, trade secrets, trademarks, service marks, brand names and other proprietary rights whether under contract, statute or any similar provisions (“IP Rights”). All IP Rights are and shall remain the exclusive property of D4, its respective third party licensors or third parties to whom it is attributed and in using the Website individual users shall not obtain any rights, title or other interest in or to any information on the Website or related IP Rights. Subject to the above, individual users are entitled to view the Information on the Website and to copy and print such information for personal use. Individual users are not permitted to sell or distribute or otherwise deal with the Information on the Website or any deviations of such information without the prior written consent of D4.

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No Offers or Reliance. The Information has been prepared solely for purposes of information. The Information is in summary form for convenience of presentation and under no circumstances should the Information be used or considered as an offer to sell or the invitation or solicitation of an offer to buy any product or service offered by D4. Before making an investment decision with respect to any investment, potential investors are advised to carefully read the related final documentation and offering memorandum documents (the “Documents”). Further, D4 does not give or offer any business advice, investment advice, tax or legal advice to anyone using this Website, accordingly, potential investors are advised to consult with their tax, legal and financial advisors with respect to any investment.

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Third Party Content and Linked Websites. References on this Website to any names, marks, products or services of third parties, or hypertext links to third party websites or information or Content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. D4 is not responsible for the practices or policies of such third parties, nor the Content of any third party sites, and do not make any representations regarding third party materials or services, or the Content or accuracy of any material on such third party sites.

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Effect on Other Agreements. Nothing contained in these Terms and Conditions of Use is intended to modify or amend any other written agreement you may have with D4 (including without limitation any customer agreement, participation agreement, operating agreement, investment agreement or account agreement) (“Other Agreements”) if any, that may currently be in effect. Some pages within the Website contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms and Conditions of Use. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages. Nothing contained in these Terms and Conditions of Use is intended to modify or amend any other written agreement you may have with D4 (including without limitation any customer agreement, participation agreement, operating agreement, investment agreement or account agreement) (“Other Agreements”) if any, that may currently be in effect.

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No Warranty; Limitation on Liability. By using the website, you expressly agree that such use is at your sole risk. The website and related services are provided on an "as is", as "available" and "with all faults" basis.  and Neither D4 nor any of its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors,  or the like (collectively "associates") warrant that use of the website or related services will be uninterrupted or error-free. Neither D4 nor its associates warrant the accuracy, integrity, completeness, availability, or timeliness of the content provided in the website or the materials or services offered in the website now or in the future. D4 and its associates specifically disclaim all warranties, whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose or non-infringement of the website, information on the website or the results obtained from use of the website or related services. D4 and its associates accept no responsibility for updating any party on the website or the content therein. Under no circumstances will D4 or its associates be liable to you or anyone else for any direct, consequential, incidental, special, exemplary, punitive or other indirect damages, including but not limited to lost profits, trading losses, unauthorized access, systems failure, communications line failure, internet failure or damages that result from use or loss of use of the website, content, inconvenience or delay. This is true even if D4 has been advised of the possibility of such damages or losses.

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Any Content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of D4 has been advised of or should have knowledge of the possibility of such damages.

 

The information and opinions are subject to change without notice and does not purport to be complete.