Terms and Conditions of Use
Last Modified May 1, 2021
YOU SHOULD REVIEW THIS AGREEMENT EACH TIME YOU ACCESS THE WEBSITE. MFA RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME. EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS IN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE WEBSITE. BY CONTINUING TO ACCESS THE WEBSITE, YOU ACKNOWLEDGE THAT YOU WILL BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD DISCONTINUE USING THE WEBSITE.
Who Can Use the Website
The Website is not directed to residents of the EU and is not intended for use in any country where it would violate local law or would subject MFA to any regulations in another country.
Restrictions on Your Conduct
You may not engage in the following activities on the website:
• use the website for any fraudulent, harassing or offensive or illegal purpose;
• violate, misappropriate, or infringe the rights of MFA, including intellectual property, or other proprietary rights;
• upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt the website, or harm or corrupt our or anyone else’s computer systems, or data; and
• impersonate another person or attempt to collect or gather other people’s personal information (including account information).
Materials on the Website
The Website, including but not limited to, photographs, content or designs (including any and all collateral material relating thereto) are protected by copyright laws and/or trademarks or other laws. No part of the Website or its contents may be reproduced, scraped, framed, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of MFA.
MFA owns all copyrights, trademarks, domains, logos, trade dress, trade secrets, and other intellectual property rights associated with the Website. You may not use our copyrights, trademarks, domains, logos, trade dress, and other intellectual property rights unless you have our express permission.
No Offers or Reliance
The information on this Website is provided for informational purposes only. No content or other material on the Website shall be used or considered as an offer to sell or a solicitation of any offer to purchase the securities, services or properties of MFA.
MFA makes no representations that properties or services discussed on the Website are available or appropriate for sale, rent or use in all jurisdictions or by all investors or tenants. Those who access the Website do so at their own initiative and are responsible for compliance with local laws or regulations.
While MFA uses reasonable efforts to use information from reliable sources, MFA makes no representations or warranties as to the accuracy, reliability or completeness of any information or document on the Website. Certain information on the Website may contain forward-looking statements, which reflect our views with respect to, among other things, our operations, properties and financial performance. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from this indicated in these statements. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” "believe," "expect," “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” "anticipate," "optimistic," "intend," “plan,” “estimate,” "aim," "will" or the negative version of these words or similar expressions. MFA undertakes no obligation to update publicly or revise any information on the Website, whether as a result of new information, future developments or otherwise. Opinions and any other contents at the Website are subject to change without notice.
MFA is not utilizing the Website to provide investment or other advice, and no information or material at the Website is to be deemed a recommendation to purchase the securities, services or properties of MFA or is to be relied upon for the purpose of making or communicating investment or other decisions. In addition, no information, content or other materials contained on the Website should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer to purchase the securities, services or properties of MFA. Any transactions listed on the Website are included as representative transactions and are not necessarily reflective of overall performance. MFA does not advise on the tax consequences of any investment or asset.
Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. MFA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. MFA MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PROPERTIES, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, TIMELY, OPERATIONAL, ERROR FREE, SECURE, SAFE, OR THAT THE WEBSITE WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE THE WEBSITE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL MFA (INCLUDING ANY OF ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, CONTRACTORS, SUCCESSORS, OR ASSIGNEES AND THIRD-PARTY SERVICE PROVIDERS) (“MFA RELATED ENTITIES”) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, HEIRS OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, ANY FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE, FOR ANY VIRUSES OR DAMAGE TO YOUR COMPUTER OR DATA, ANY DAMAGES ASSOCIATED WITH THE LOSS OF YOUR PERSONAL INFORMATION OR ANY OTHER DAMAGE OR ECONOMIC LOSS YOU MAY INCUR ENSUING FROM OR IN CONNECTION WITH (A) THE WEBSITE; OR (B) YOUR SUBMISSION OF PERSONAL OR OTHER INFORMATION THROUGH THE WEBSITE, EVEN IF MFA RELATED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO A MAXIMUM AMOUNT OF $100.
THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF MFA WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless MFA, including its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Website; (b) your breach of this Agreement; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim. We will provide you with timely notice of any such claim, suit or proceeding.
Third Party Content and Linked Websites
References on this Website to any names, marks, assets or services of third parties, or hypertext links to third party sites or information or content provided by third parties, are provided solely as a convenience to you. We are 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.
The Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our services at any time and events beyond our control may affect our services.
We may modify, suspend, or terminate access to or use of the Website anytime for any reason, such as if you violate our Agreement or create harm, risk, or possible legal exposure for us, our users, or others.
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 MFA (collectively, “Other Agreements”), if any, that may currently be in effect. In the event of any inconsistency between these Terms and Conditions of Use and any Other Agreement, the Other Agreement will govern. Some pages within the Website may 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, such supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
At any time and at MFA’s sole discretion, we may add, delete, or modify this Agreement or the Website. We will provide you notice of amendments to this Agreement, as appropriate by amending the “Last Modified” date at the top of this Agreement. Your continued use of MFA confirms your acceptance of our Agreement, as amended. If you do not agree to our Agreement, as amended, you must stop using the Website. Please review our Agreement from time to time. All changes to the Agreement shall be effective immediately.
Our failure or delay to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
All of our rights and obligations under our Agreement are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You will not transfer any of your rights or obligations under our Agreement to anyone else without our prior written consent.
If you have any questions about this Agreement, please contact us at:
Mitsui Fudosan America, Inc.
1251 Avenue of the Americas
New York, NY 10020
Tel (212) 403-5600
Although MFA will in most circumstances be able to receive your e-mail or other information provided, MFA does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information.