TERMS OF USE

BY ACCESSING THIS WEBSITE (“WEBSITE”) AND ANY MATERIALS PRESENTED HEREIN, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS WITH RESPECT TO THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED OR AUTHORIZED TO USE OR ACCESS THIS WEBSITE.

PEM Real Estate Portfolio Manager, LLC (“WE,” “OUR,” “US”) RESERVES THE RIGHT TO LIMIT OR DENY ACCESS TO THIS WEBSITE TO ANY PERSON, GEOGRAPHIC REGION, OR JURISDICTION AT ANY TIME IN OUR SOLE DISCRETION. IN ADDITION, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, AND/OR REMOVE PORTIONS OF THE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE.

No Offer or Solicitation

The information presented in this Website is provided for general informational purposes only and this Website does not constitute an offer, solicitation, or recommendation to sell or an offer to buy any securities, investment products, or investment advisory services. The information in this Website is not intended to provide, and should not be relied upon for, accounting, legal, tax advice, or investment recommendations. Each user is encouraged to consult with his/her own tax, legal, accounting, financial, and/or other advisors regarding the information and matters contained in this Website. Decisions based on information contained on this Website are the sole responsibility of the user.

Ownership of Content

All text, images, graphics, sounds, and software code (the “Content”) on the Website are property of PEM Real Estate Portfolio Manager, LLC and/or its affiliates. They may only be used for the personal education of visitors to the Website, and they may not be placed in the public domain. You may not reproduce, redistribute, publish, or otherwise use by electronic or any other means any of the Content without our prior written consent.

Trademarks

The logo of PEM Real Estate Portfolio Manager, LLC on the Website is a service mark of PEM Real Estate Portfolio Manager, LLC. It may not be used or displayed without the prior written consent of PEM Real Estate Portfolio Manager, LLC. All other trademarks, service marks, and company names and logos appearing on the Website are the property of their respective owners.

Links

This Website may contain links to other websites, content, or services owned and operated by other persons or entities. Neither of these Terms of Use nor the Privacy Policy covers any other websites, content, or services. PEM Real Estate Portfolio Manager, LLC does not endorse, sponsor, control, or otherwise accept responsibility for any such linked websites, content, or services. Your access of any linked websites, content, or services is at your own risk.

Disclaimer of Warranties

THIS WEBSITE AND THE INFORMATION SET FORTH HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. CERTAIN OF THE INFORMATION SET FORTH IN THIS WEBSITE IS BASED UPON INFORMATION FROM VARIOUS SOURCES BELIEVED BY PEM Real Estate Portfolio Manager, LLC TO BE RELIABLE. PEM Real Estate Portfolio Manager, LLC HAS NOT INDEPENDENTLY VERIFIED ANY SUCH INFORMATION AND SHALL NOT HAVE ANY LIABILITY ASSOCIATED WITH THE INACCURACY OR INADEQUACY THEREOF. PEM Real Estate Portfolio Manager, LLC EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT), WITH RESPECT TO THE USE OF, OR THE RESULT OF THE USE OF, (A) THIS WEBSITE; OR (B) ANY INFORMATION OR MATERIALS AVAILABLE ON THIS WEBSITE OTHER THAN AS EXPRESSLY SET FORTH IN SUCH INFORMATION OR MATERIALS, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR RELIABILITY OF SUCH INFORMATION OR MATERIALS.

Limitation of Liability

PEM Real Estate Portfolio Manager, LLC AND ITS AFFILIATES, OFFICERS, AGENTS, MEMBERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, RESULTING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE AND SERVICES, OR ANY DELAY IN USING THIS WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SUCH LIMITATIONS ON LIABILITY APPLY EVEN IF PEM Real Estate Portfolio Manager, LLC OR ANY OF ITS OFFICERS, PRINCIPALS, MANAGERS, MEMBERS, AGENTS, EMPLOYEES, OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Privacy Policy and Related Issues

Please review the Privacy Policy, which is incorporated herein by reference, to learn about the information we collect from you, how we use that information, and the measures we take to preserve the privacy and security of your information. By accessing and using this Website, you hereby authorize us to make available any information you provide to us, including personally identifiable information, to the third party that hosts this Website to the extent reasonably necessary to facilitate the use and operation of this Website.

The Privacy Policy and the Terms of Use will be governed by and construed in accordance with the laws of the State of Arizona, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in the State of Arizona, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.