Terms and Conditions of Use

General
Welcome to the Von Alyn Real Estate Trust (“Von Alyn”) Web Site. Please carefully review these terms and conditions (“Terms of Use”), the Privacy Policy set forth below (the “Privacy Policy”), and the terms and conditions on the Von Alyn Web Site that govern particular offers or features (“Additional Terms and Conditions,” together with these Terms of Use and the Privacy Policy, form the “Agreement”) all of which collectively govern your use of and access to all of the Von Alyn Web Site and any and all content, data and information contained therein. YOUR USE OF THE VON ALYN WEB SITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY VON ALYN, IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS VON ALYN WEB SITE.

Modifications of This Agreement
Von Alyn reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this Von Alyn Web Site following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any Von Alyn’s Web Site.

Links
Von Alyn is not affiliated or associated with the sponsors, owners or producers of any third-party Web Sites linked to or from this Von Alyn Web Site. These linked Sites are not under Von Alyn’ control and Von Alyn explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third-party Sites. Von Alyn does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third-party Sites. Von Alyn does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third-party Site.

Solely Intended for United States Users
Unless otherwise explicitly specified on the Von Alyn Web Site, the information on all of the Von Alyn Web Site is intended solely for use and access by persons residing in the United States, its territories and possessions. Von Alyn controls and operates its Web Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Von Alyn Web Site is appropriate for use or access in other locations. Anyone using or accessing any of the Von Alyn Web Site from other locations do so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.

Use
The Von Alyn Web Site and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Von Alyn Web Site are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Von Alyn or by third parties who have licensed their materials to Von Alyn and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this Von Alyn Web Site is the exclusive property of Von Alyn or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from the Von Alyn Web Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of Von Alyn’ products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (i) use or access this Von Alyn Web Site for any purpose that is unlawful or prohibited by this Agreement; (ii) use or access this Von Alyn Web Site in a manner that could damage, disable, overburden, or impair any Von Alyn’ server or the networks connected to any Von Alyn’ server; (iii) interfere with any third-party’s use and enjoyment of this Von Alyn Web Site; or (iv) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Von Alyn’ server through hacking, password mining or any other means.

User IDs/Passwords
Use of certain features on the Von Alyn Web Site might be limited and/or require registration. Von Alyn will review and determine, in its sole discretion, whether to accept your registration. Von Alyn shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Von Alyn Web Site at any time for any reason. Upon acceptance of your registration by Von Alyn, you will be given your user ID and password (collectively “Password”) for access to and use of the applicable portion of the Von Alyn Web Site.

Von Alyn reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Von Alyn immediately about any unauthorized use of your Password or any breach of security. You further agree that Von Alyn shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Von Alyn.

Disclaimer
THIS VON ALYN WEB SITE IS PROVIDED BY VON ALYN ON AN “AS IS” AND “AS AVAILABLE” BASIS. VON ALYN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS VON ALYN WEB SITE OR THE INFORMATION INCLUDED ON SUCH VON ALYN’ WEB SITE. VON ALYN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. VON ALYN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS VON ALYN WEB SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE VON ALYN WEB SITE OR THE SERVER THAT MAKES THE VON ALYN WEB SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. VON ALYN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS VON ALYN WEB SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS VON ALYN WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK.

Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL VON ALYN OR ANY OF ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS VON ALYN WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VON ALYN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT VON ALYN, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL VON ALYN BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.

User Submissions, Postings and Email Communications
All remarks, suggestions, ideas, graphics, or other information communicated by you to Von Alyn through the Von Alyn Web Site (collectively, the “Submission”) will forever be the property of Von Alyn and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. Von Alyn will not be required to treat any Submissions as confidential (unless required by law or if Von Alyn has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Von Alyn’ operations. Without limitation, Von Alyn will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Von Alyn retains the right to review, edit or delete from the Von Alyn Web Site any Submission which Von Alyn in its sole discretion considers illegal, offensive, in violation of a third-party right or otherwise inappropriate.

Email and Other Communications
In connection with your use of the Von Alyn Web Site, you consent to Von Alyn recording any communication, electronic or otherwise, between you and Von Alyn and retaining any information and data you submit while using the Von Alyn Web Site.

In using the Von Alyn Web Site, you may be permitted to communicate electronically with Von Alyn by sending electronic mail to Von Alyn; however, you acknowledge and agree that only general information or inquiries may be submitted to Von Alyn via electronic mail and any other submissions or communications on or through the Von Alyn Web Site (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Von Alyn Web Site for such submissions or communications. Please do not send any time-sensitive communications to Von Alyn via e-mail as Von Alyn cannot be responsible for responding to any such communications.

Investigations
Von Alyn may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. Von Alyn may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Von Alyn believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Von Alyn will fully cooperate with any law enforcement authorities or court order requesting or directing Von Alyn to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate this Agreement. YOU WAIVE AND HOLD HARMLESS VON ALYN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VON ALYN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VON ALYN OR LAW ENFORCEMENT AUTHORITIES.

Online Copyright Infringement Notification Policy
If you believe that this Von Alyn Web Site contains materials that constitute copyright infringement, please notify Von Alyn in accordance with its Online Copyright Infringement Notification Policy, below.

Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD VON ALYN AND ITS SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS VON ALYN WEB SITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

Terms and Termination
IVon Alyn shall have the right to terminate your access to, and use of, the Von Alyn Web Site immediately, if, in its sole discretion, Von Alyn believes that your conduct fails to conform with this Agreement. Von Alyn also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or emails you make or send to the Von Alyn Web Site. Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Von Alyn Web Site; and (b) as applicable, pay any amounts owed to Von Alyn in full within thirty (30) days from the date of such termination.

Applicable Laws
This Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS VON ALYN WEB SITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS.

Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS VON ALYN WEB SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Miscellaneous
The failure of Von Alyn to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Von Alyn’ rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Von Alyn may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without Von Alyn’ prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Online Copyright Infringement Notification Policy

Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:

· Your address, telephone number and e-mail address;

· Identification of the copyrighted work (or works) that you claim has been infringed;

· A description of the material that you claim is infringing the copyrighted work;

· A clear description of where the infringing material is located on the Von Alyn Web Site, including its URL, so that Von Alyn can locate the material;

· A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

· An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Privacy Policy

Please read these privacy terms and conditions carefully. Von Alyn provides this Web Site subject to the terms and conditions to which you agree to be bound by accessing this Web Site. Von Alyn may make changes at any time to its Web Site and to any terms and conditions pertaining to the use of this Web Site without notice.

Von Alyn tries to provide accurate and timely information, but please be aware that the content of this Web Site may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In addition, from time to time changes may be made to the content of this site without notice. Von Alyn may change the products, services and any other information described on this Web Site at any time. The information published on this Web Site is provided as a convenience to visitors and is provided for informational purposes only. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in our Web Site are your sole responsibility.

All of the information on this Web Site, including text, images, graphics and software, is the property of Von Alyn, except as otherwise indicated, and is protected by copyright and other intellectual property laws. In addition, the collection, arrangement and assembly of content on this Web Site are the exclusive property of Von Alyn and are likewise protected by copyright and other intellectual property laws. You may view, download and reprint information and materials contained on this Web Site (i) solely for informational purposes and for no other purpose, and (ii) provided that neither the materials, nor any proprietary notices therein are modified or altered in any way.

Links to this Web Site are not permitted without Von Alyn’ written prior consent.

This Web Site features trade names, logos and other trademarks and service marks that are the property of, or are licensed to, Von Alyn. The Web Site may also include trademarks or service marks of third parties. All of these trademarks are the property of their owners and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner. You also agree not to use, copy, modify or display any of these marks in any manner likely to cause confusion or in any manner that disparages or discredits Von Alyn or the holder of the marks.

This Web Site may contain links to other sites on the Internet. These links are provided for your convenience. Please note that links to another site do not constitute Von Alyn’ approval or endorsement of that site or its products or advertisements. In no event shall Von Alyn be liable, directly or indirectly, to anyone for any damages or losses arising from or relating to the use of or reliance on any linked third-party site or any link contained on any such site.

Von Alyn makes no warranties or representations as to the accuracy or completeness of the information contained on this Web Site. This information and the products and services are provided “as is” and “as available” without any warranty of any kind, either expressed or implied. To the full extent permissible by applicable law, Von Alyn hereby disclaims all warranties of any kind, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Neither Von Alyn nor any of its agents, employees or officers, directors or stockholders shall be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including lost profits (even if advised of the possibility) arising in any way from the information contained in this Web Site or any information transmitted via this Web Site. Nor is Von Alyn nor any of its agents, employees or officers, directors or stockholders liable for any damages or losses that may be caused to any equipment or other software due to any viruses, defects or malfunctions in connection with access or use of this Web Site.

By transmitting information through this Web Site, you accept the risk that such information, as well as any information that Von Alyn transmits to you, may be intercepted by third parties. In addition, messages that you send to Von Alyn by email may not be secure. Von Alyn recommends that you do not send any confidential information to Von Alyn by email. If you choose to send any confidential information to us via email, you accept the risk that this information may be intercepted by a third-party.

If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any or all liabilities, costs and expenses (including attorney’s fees and costs) arising from that disruption. In addition, you agree to indemnify and hold harmless Von Alyn, its subsidiaries, officers, agents and representatives, and its and their officers and employees, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorney’s fees and court costs) arising from or incurred in connection with your use of this Web Site.

The laws of the State of Illinois govern these terms and conditions and your use of the Web Site, and you irrevocably consent to the jurisdiction of the courts located in Illinois for any action to enforce these terms and conditions or in connection with your use of this Web Site. Von Alyn recognizes that it is possible for you to obtain access to this Web Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Web Site has been designed to comply with the laws of the State of Illinois and the United States. If any material on this Web Site, or your use of this Web Site, is contrary to the laws of the place where you are when you access it, this Web Site is not intended for you, and Von Alyn asks you to not use the site. You are responsible for informing yourself of the laws of your jurisdiction and for complying with them.

It is the policy of Von Alyn to adhere to all federal, state and local laws that apply to it and its business activities.

Gathering, Modifying and Removing Information

Von Alyn may request and/or collect personal information on the Von Alyn’ Web Site that you might elect to provide to Von Alyn (“Personal Information”) when, via the Von Alyn Web Site, you: (a) contact Von Alyn; (b) use Von Alyn’ services; and/or (c) send requests for information, questions, inquiries, or comments to Von Alyn. You are not required to provide Personal Information to access the Von Alyn Web Site. Personal Information may include: (a) contact information (e.g., name, address, phone number and email address); (b) information regarding certain of your preferences related to Von Alyn or the Von Alyn Web Site; and/or (c) information regarding how you became aware of the Von Alyn Web Site.

If you would like to review, correct or remove your Personal Information, please contact Von Alyn at the address listed below under “Contact Von Alyn.” Von Alyn will then make all reasonable efforts to correct or remove your Personal Information from the Von Alyn active database.

Gathering Anonymous Information

Von Alyn might collect non-personal and aggregate information about your and other users’ use of the Von Alyn Web Site, such as page hits, number of visits, web pages viewed and the length of visits to the Von Alyn Web Site (collectively, “Non-Personal Information”). Von Alyn does not tie this Non-Personal Information to your Personal Information.

Use and Disclosure of Information

The Personal Information that you provide will be available to Von Alyn, our agents, representatives and service providers and contractors, as appropriate, to be used to respond to your inquiries or questions about Von Alyn and for the purposes indicated or which may reasonably be inferred by your voluntary provision of such Personal Information and otherwise in connection with the conduct of the Von Alyn business and operations. This use may include periodic telephone calls and postal and email mailings from Von Alyn about new products, services or upcoming events offered by Von Alyn. Von Alyn does not, however, sell or furnish Personal Information to unaffiliated third parties to use in advertising or promoting their products or services, without your permission.

Von Alyn may also use your Personal Information, alone or in combination with the information submitted by other users, to improve Von Alyn’ Web Site’s navigation or infrastructure. Also, Von Alyn may use Non-Personal Information to improve your experience on the Von Alyn Web Site and to enhance the Von Alyn Web Site.

Third-party contractors or providers of services to Von Alyn that have access to your Personal Information are also expected to protect such Personal Information in a manner consistent with this Privacy Policy and to use such Personal Information only to carry out the activities or services they are performing for you or for Von Alyn.

Von Alyn might disclose Personal Information and Non-Personal Information, if in our opinion such disclosure is required: (a) by law; (b) to protect and/or defend Von Alyn’ rights; and/or (c) to protect the personal safety of any individual. In addition, in the event that all or substantially all of Von Alyn’ ownership and/or assets are transferred or sold to, or Von Alyn is merged with, another entity, or there is a change of control of Von Alyn, Von Alyn may transfer Personal Information and Non-Personal Information to the successor entity.