The following constitute the various terms and conditions governing use of this Parkview Financial, LLC (“Parkview,” “our,” “us,” “we”) website, www.parkviewfinancial.com (the “Site”).  By using the Site, you acknowledge and agree to be bound by the following terms of use and any instructions, policies, guidelines, disclaimers, and limitations of liability referenced herein (the “Terms of Use”).

 

Please read these Terms of Use carefully, and check them periodically.  Parkview may have changed the Terms of Use since your last visit to the Site.  The effective date of these Terms of Use is October 5, 2020.

 

We reserve the right to change the Terms of Use at our discretion.  All such changes will be binding upon you as of the revised effective date.  Your continued use of the Site after any such changes will be considered as your acceptance of the most recent version of the Terms of Use, including any such changes. 

 

You may not amend or modify the Terms of Use under any circumstances.  It is your responsibility to check the Terms of Use and make sure you can agree and accept the Terms of Use.  If you do not accept the Terms of Use, please do not use this Site.

 

By using this Site, you represent and warrant that you are at least 18 years old, or visiting the Site under the supervision of a responsible parent or guardian.

 

By using our Site, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. 

 

1. General Purpose of the Site

 

Our Site is intended to be used to provide an introduction into and information about our private real estate debt fund business, in which we specialize in ground-up commercial and residential financing.

 

The Site was developed by and for Parkview, and belongs exclusively to Parkview.  We reserve the right to withdraw or amend the Site, and any service or Content (as defined herein) provided on the Site, at any time, and at our sole discretion.

 

If you use the Site, and therefore agree to these Terms of Use, on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to bind that entity or agency to the Terms of Use and agree that you are binding both you and that entity or agency to the Terms of Use.

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2. Intellectual Property Rights

 

You understand that: (a) the Site, including, but not limited to, all trademarks, trade names, brand names, logos and images, service marks, trade dress, and all other relevant intellectual property rights, and (b) all information, materials, software or HTML code, scripts, text, artwork, photography, images, video and audio, and the design, selection and arrangement thereof, and all relevant and associated intellectual property that are displayed or contained on the Site (the “Content”) are the sole property of Parkview (or, in some cases, are licensed to Parkview).  As such, the Content is protected by United States and international copyright, trademark, patent, and other intellectual property, proprietary rights, and unfair competition laws.

 

All Content is provided solely as a service to Site users.  Except per the limited license set forth below and the limited and temporary rights otherwise contained herein, nothing in these Terms of Use shall be construed as conferring to you or any user any right, title, or interest in the Site or the Content.

 

3. Limited Right License, Permitted Uses, and Use Restrictions

 

By accepting the Terms of Use and by using the Site, Parkview grants you a limited, non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable right to access and use the Site and Content.

 

You may only use the Site and its Content for non-commercial use and the limited uses described otherwise in these Terms of Use.  Your limited right to use and view the Site is subject to certain restrictions, which you agree to by using/viewing the Site, as follows:

 

1. You may not copy, publish, distribute, display, modify, create derivative works from, sell, license, sublicense, sell, reverse engineer, decompile, disassemble, or otherwise exploit any portion of the Site without the prior express and specific written permission of a Parkview principal or authorized representative;

2. You may not remove or alter any copyright, trademark, or other proprietary rights notices from the Site or any portion thereof;

3. You may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use, or any applicable laws or regulations;

4. You may not defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;

5. You may not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information;

6. You may not restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;

7. You may not express or imply that any statements you make are endorsed by Parkview without Parkview’s prior explicit written consent;

8. You may not upload to, transmit through, or display on the Site any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Parkview in a prior mutual written agreement);

9. You may not engage in spamming or flooding;

10. You may not transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature;

11. You may not “frame” or “mirror” any portion of the Site or link to any page of or material on the Site other than the Site’s official designation;

12. You may not use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine,” skim, crawl, or in any way reproduce, glean data from, or circumvent the structure or presentation of the Site;

13. You may not harvest or collect information about users of the Site without their express consent; and

14. You may not remove or amend or hide any disclaimers contained in the Site.

 

Parkview may revoke these limited rights and otherwise modify or further limit the exceptions and restrictions contained herein at any time, without notice, and for any or no reason.  Any actions not expressly prohibited here but that are within the spirit or meaning of these enumerated restrictions, are also restricted. 

 

You are responsible for all the activities of all end users who access or use the Site on your device, and you agree to ensure that any such end user will comply with these Terms of Use and all other Parkview policies.

 

Nothing in this limited license is a transfer of intellectual property, and, as such, Parkview retains all right, title, and interest in and to all intellectual property rights related in and to the Site and its Content, without limitation. 

 

4. User-Submitted Content

 

You agree that any information (other than personal information) that you communicate or submit to Parkview, our agencies, designees, and affiliates (which may include suppliers, sponsors, partners, advertisers, distributors/retailers, or authorized representatives in any form) (the “Affiliates”), via our Site, including but not limited to feedback, data, questions, comments, product ideas, know-how, applications, suggestions, photos, text, graphics, sounds, and other materials, is voluntarily submitted, and shall not be deemed confidential or proprietary, even if such information is labeled confidential or proprietary.

 

You acknowledge and agree that any submission is entered and transmitted to us at your own election and risk, and that we are not responsible for any loss of such submission, any loss of confidentiality or privacy in connection therewith, or any other loss or liability relating to or arising from any submission (other than as described in our Privacy Policy).

 

Your submission of such information shall constitute your grant to Parkview and Parkview’s Affiliates of a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, and publicly display and perform such submissions. 

 

Except for the foregoing license, we do not claim ownership of any kind in your submissions.  With your submissions, you represent, warrant, and covenant that you own or otherwise possess all necessary rights with respect to such submissions, and that your submissions do not and will not violate any intellectual property or proprietary right of any third party, and are not otherwise unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or objectionable.

 

Indeed, we and our Affiliates not have any obligations with respect to any submissions, and are free to reproduce, use, disclose, and distribute such information to others without limitation or liability.

 

You agree that we may (but are not obligated to) do any or all of the following, at our sole discretion: (a) monitor, filter, alter, or delete any submissions (including blocking or replacing expletives or other language that may be considered harmful or offensive), and/or (b) disclose any submissions, and the circumstances surrounding the submission and its transmission, to any third party in order to, among other reasons, operate the Site; to protect ourselves, our Affiliates, and other users; to comply with legal obligations or governmental requests; to enforce these terms; or for any other reason or purpose.

 

5. Accounts

 

Your use of the Site may require you to register, set up an account, or may otherwise ask you to provide information – which may include personal information – to participate in certain features.  You agree that any information that you choose to share is shared voluntarily.  You represent and warrant to Parkview that all the information and data provided by you is information you are legally allowed to share, and is accurate and truthful in all respects. 

 

If you are under the age of 18, you may not register or set up an account with Parkview.

 

If you create an account, you agree to be responsible for: (i) maintaining the confidentiality of your password and other login/security information, and (ii) all activities that occur under the use of your password and other login/security information.  You also agree to notify Parkview of any loss and/or unauthorized use of your password or other login/security information.  You understand and agree that Parkview is not responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with the misuse or loss of your password and/or other login/security information.

 

If you provide Parkview with your email address during checkout, setup of any account, registration or otherwise, you consent to receive communications and notifications from Parkview electronically (which consent you may always revoke by unsubscribing from such communications).

 

6. Disclaimer & Waiver

 

NOT WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

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NEITHER PARKVIEW NOR OUR THIRD-PARTY PROVIDERS MAKE ANY REPRESENTATIVES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE SITE OR CONTENT, OR ANY FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.

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FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE CONTENT ON THE SITE OR ON ANY SITES LINKED ON THE SITE.  THE CONTENT SHOULD NOT BE USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING OTHER PRIMARY, EXPERT, OR MORE TIMELY SOURCES OF INFORMATION.  YOU EXPRESSLY AGREE THAT YOUR USE OF (OR INABILITY TO USE) THE SITE, OR WITH RESPECT TO ANY SUBMISSION OF INFORMATION, IS AT YOUR SOLE RISK.

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WHILE PARKVIEW TAKES ALL REASONABLE AND APPROPRIATE MEASURES TO PROTECT YOU, WE DO NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY THERETO.

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WE RESERVE ALL RIGHT TO SEEK ANY AND ALL LEGAL AND EQUITABLE REMEDIES AVAILABLE TO ENFORCE THESE TERMS OF USE AND/OR TO ADDRESS ACTIONS FOR DAMAGES ARISING FROM THESE TERMS OF USE.

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YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR ANY DISPUTE WITH US RELATED TO ANY USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE.  IN THE EVENT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE IS DEEMED PERMISSIBLE NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREIN, YOU AGREE THAT SUCH CAUSE OF ACTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

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CERTAIN STATE LAWS AND JURISDICTIONS LIMIT THESE LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS/EXCLUSIONS OF DAMAGES.  TO THE EXTENT THESE LAWS APPLY TO YOU, YOU MAY HAVE ADDITIONAL RIGHTS THAN AS LIMITED HEREIN.  REGARDLESS OF WHETHER YOUR STATE OR JURISDICTION LIMITS ANY PORTION OF THIS SECTION OF THE TERMS OF USE, THIS SECTION AND THE REST OF THE TERMS OF USE SHALL REMAIN FULLY APPLICABLE TO THE FULLEST EXTENT POSSIBLE IN LIGHT OF SUCH STATE OR JURISDICTIONAL LIMITS.

 

7. Indemnification

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YOU WILL, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INDEMNIFY AND HOLD HARMLESS PARKVIEW AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AND THIRD-PARTY PROVIDERS AND PARKVIEW’S AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AND THIRD PARTY PROVIDERS (TOGETHER, THE “PARKVIEW INDEMNITEES”), ON DEMAND, FROM AND AGAINST ANY AND ALL CLAIMS, FINES, LIABILITIES, LOSSES, AND OTHER DAMAGES (INCLUDING REASONABLE COSTS AND ATTORNEYS’ AND EXPERTS’ FEES) INCURRED BY ANY OF THE PARKVIEW INDEMNITEES, AND SHALL DEFEND THE PARKVIEW INDEMNITEES AGAINST (I) ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, INCLUDING THAT ANY SUBMISSIONS OR INFORMATION YOU PROVIDE IN CONNECTION WITH YOUR USE OF THE SITE THAT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHT OR PROPRIETARY RIGHT OF A THIRD PARTY; (II) ALL CLAIMS ARISING OUT OF OR RELATING TO FRAUD, INTENTIONAL MISCONDUCT, OR GROSS NEGLIGENCE, COMMITTED BY YOU AND RELATED TO YOUR USE OF THIS SITE; AND (III) ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR FAILURE TO COMPLY WITH, OR ANY BREACH COMMITTED BY YOU, OF ANY PROVISION OF THE TERMS OF USE.

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THIS INDEMNIFICATION PROVISION DOES NOT APPLY TO INTENTIONAL OR RECKLESS ACTS OR GROSS NEGLIGENCE ON THE PART OF THE PARKVIEW INDEMNITEES.

 

8. Limitations of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARKVIEW OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, ASSIGNS, AFFILIATES, SERVICE-PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS PF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR LOSS OF LIFE, LIMB, OR LOSSES DUE TO BODILY HARM OR PROPERTY, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE AND THE SERVICE, EVEN IF SHALL PARKVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

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BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
 

9. Release

 

IN ADDITION, BY USING THE SITE, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE TO WAIVE ANY CLAIM AGAINST THE PARKVIEW INDEMNITEES, AND RELEASE THE PARKVIEW INDEMNITEES FROM ANY LIABILITY FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM: (A) USE OF THE SITE; (B) ANY CONTENT OR FUNCTIONALITY INCLUDED OR MADE AVAILABLE THROUGH THE SITE; (C) ANY ACTIONS PARKVIEW TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; OR (D) ANY DELAY OR INABILITY TO USE THE SITE.  YOUR WAIVER WAIVES CLAIMS FOR ANY AND ALL DAMAGES UNDER ANY APPLICABLE, RELEVANT, OR ALLEGED LEGAL THEORY (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT LAW), EVEN IF WE HAVE BEEN PRE-ADVISED OF THE POSSIBILITY OF DAMAGES (INCLUDING ACTUAL, PUNITIVE, OR CONSEQUENTIAL).

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10. Links

 

We have not reviewed all of the sites linked to our Site and are not responsible for the contents of any such linked site.  The inclusion of any link does not imply endorsement by Parkview of the site.  Use of any such linked website is at the user's own risk.

 

11. Modifications

 

We may revise these Terms of Use at any time without notice.  By using our Site, you are agreeing to be bound by the most current version of these Terms of Use.

 

12. Privacy Policy

 

Use of our Site also subjects you to our Privacy Policy.  Our Privacy Policy is incorporated into these Terms of Use by reference. 

 

13. Copyright Protection

 

If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you or your agent may send us a written notice, via our “Contact Us” page, requesting that the material be removed or access to it blocked.  The notice must include the following:

 

• A physical/electronic signature of the owner of the allegedly infringed exclusive right or his/her authorized representative;

• Clear identification of the original/an authorized copy of the copyrighted work’s location;

• Clear identification of the material that is claimed to be infringing;

• Sufficient and current contact information of the alleged copyright owner or owner’s agent;

• A statement of your good faith belief (and the basis for such belief) that our use of the material is not authorized by the copyright owner, his/her agent, or the law; and

• A statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the allegedly infringed exclusive right.

 

14. Governing Law, Venue, and Jurisdiction

 

These Terms of Use shall be governed by and construed in accordance with the laws, rules, and regulations of the State of California without giving effect to any choice-of-law provision or rule otherwise.  By using this Site, you irrevocably submit to the exclusive jurisdiction of the courts in California.

 

If the Site or your use of it is in any way contrary to the laws of the place from which you are accessing the Site, you agree that Parkview has no responsibility for such use.  You are solely responsible for understanding the legal limitations of your use of the Site in any jurisdiction outside of the United States, and you are responsible for discontinuing your use of the Site in such jurisdiction if your use contradicts that jurisdictions laws and regulations.

 

15. Arbitration

 

Notwithstanding the above, all disputes shall be resolved through arbitration.  Any claim or dispute arising from these Terms of Use or your use of Parkview and our Site must be noticed for arbitration within one year of when such claim or dispute could have first been filed, or be permanently barred.  The American Arbitration Association (“AAA”) will conduct the arbitration under its Commercial Arbitration Rules.  The venue for any such arbitration shall be Los Angeles County, California. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

16. General

 

The Terms of Use govern your use of the Site, including the submission of all data, information, and other materials (whether tangible or intangible, and including personal information) through the Site. 

 

The Terms of Use constitute the entire agreement between you and Parkview with respect to your use of the Site and all matters addressed in the Terms of Use.  These Terms of Use supersede any other agreement that may exist between you and Parkview, with the exception of, where applicable, our Privacy Policy and other subject-specific policies.

 

Any failure by Parkview to enforce any provision in these Terms of Use will not be construed as a waiver of such provision or any other provision herein.

 

No waiver from these Terms of Use will be binding upon Parkview unless in writing and signed by an authorized representative of Parkview.  Any such waiver will only be valid as to the particular instance referred to in the waiver.

 

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, the remainder of the Terms of Use will continue in full force and effect, and such invalid provision, to the maximum extent permitted by law, and to the maximum extent possible, will be construed in accordance with the original intent of the parties, and to the extent not possible, will be deemed severable from the Terms of Use.

 

Headings used in the Terms of Use are for reference and organizational purposes only, and do not otherwise have any significance or limitations with respect to interpreting these Terms of Use.

 

Throughout these Terms of Use, words such as “including” and “for example” mean “without limitation.”

 

If you have any questions or complaints regarding the Terms of Use, please get in touch by contacting us at:

 

Parkview Financial

310-996-8999

support@parkviewfinancial.com

11440 San Vicente Blvd, 2nd Floor

Los Angeles, CA 90049