Terms Of Use

These Terms of Use (this “Agreement”)states the terms and conditions that govern your access to and use of thefollowing websites: rockco.com (collectively, the “Website”).  As usedherein, “Arrow Real Estate” means Arrow Real Estate and its affiliates.

PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE YOU USE THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS THIS WEBSITE, OR ANY OF ITS PAGES. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THIS AGREEMENT. CERTAIN SECTIONS OF OR PAGES ON THIS WEBSITE MAY CONTAIN SEPARATE TERMS AND CONDITIONS, WHICH ARE IN ADDITION TO THIS AGREEMENT. YOU SHOULD READ THOSE ADDITIONAL TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THOSE SECTIONS OR PAGES, YOU AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS.

The Website is available to, and may only be used by, individuals who are 18 years and older and can form legally binding contracts under applicable law. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements and are fully able and competent to enter into the terms, conditions, representations and warranties set forth herein. If you do not meet all such eligibility requirements, you must cease all use of the Website, and you may not in any way access or use the Website.

Changes

Arrow Real Estate may change or modify this Agreement from time-to-time without notice other than posting the amended terms on the Website. The amended Agreement will be effective on the later of the date on which it is posted or the date of the amendment. Your continued use of the Portal after any changes in the terms shall constitute your consent to such changes.

License to Use the Website

for any other purposes.  The terms of this Agreement do not alter in any way the Subject to your compliance with all terms and conditions of this Agreement, Arrow Real Estate grants to you a non-transferable, non-exclusive, worldwide, non-sublicensable license, to access and use the Website solely for your personal or internal business use.  You may not access or use the Website terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with Arrow Real Estate. You acquire only the right to use the Website and do not acquire any rights of ownership in the Website. Arrow Real Estate reserves all rights to the Website not expressly granted to you.  The Website may be accessed and used only by or for you.

You may not, and will not allow or cause any third party to: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify any portion of the Website, or use the Website to develop similar functionality; (b) copy any portion of the Website, except as expressly permitted by this Agreement; (c) sublicense, distribute, export or resell any portion of the Website or otherwise transfer any rights; (d) remove any proprietary or intellectual property rights notices or labels on the Website; (e) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; or (f) otherwise exercise any other right to the Website not expressly granted in this Agreement. Arrow Real Estate, or its licensors, own all right, title and interest in and to the Website. No license or other right in or to the Website is granted to you except for the rights specifically set forth in this Agreement.

Account Terms

In connection with your access to the Website, you may be asked to choose a password and a username.  You are solely responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Arrow Real Estate of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which Arrow Real Estate may otherwise have, Arrow Real Estate reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.

Notwithstanding the above, Arrow Real Estate may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Arrow Real Estate be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Arrow Real Estate under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.  Arrow Real Estate may, at its option, change the parameters for the password used to access the Website without prior notice to you, and if it does so, you will be required to change your password the next time you access the Website.

Website Security and Restrictions on Use

As a condition to your use of this Website, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other user of this Website; (iii) probe, scan or test the vulnerability of this Website or Arrow Real Estate’s network or breach security or authentication measures; (iv) attempt to interfere with service to any user, host, or network or otherwise attempt to disrupt Arrow Real Estate’s business; or (v) send unsolicited mail, including promotions and/or advertising of products and services. Unauthorized use of the Website, including but not limited to unauthorized entry into Arrow Real Estates systems, misuse of passwords, or misuse of any information posted to this Website, is strictly prohibited. Portions of this Website are designated for password access only. In these instances, if you do not have an authorized password, no access is permitted.

Proprietary Rights

You acknowledge and agree that the Website contains content (including information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and other material) (“Content”) that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or later developed. You further acknowledge and agree that title to (a) the Website, the Content and each component, copy and modification thereof and thereto, including but not limited to all derivative works, improvements or upgrades (collectively, “Derivative Works”) whether made by Arrow Real Estate, you or on Arrow Real Estate’s or on your behalf, including those made at your suggestion, and (b) all content and/or information provided to you through the Website, and all associated intellectual property rights in each case, are and shall remain the sole and exclusive property of Arrow Real Estate, its affiliates and/or its licensors. You agree to assign, and hereby irrevocably and unconditionally assign to Arrow Real Estate, in perpetuity and without further consideration, all right, title and interest in and to all Derivative Works created by or on behalf of you, and all intellectual property rights therein or relative thereto. To the extent such intellectual property rights cannot (as a matter of law) be assigned by you to Arrow Real Estate, you hereby unconditionally and irrevocably grant to Arrow Real Estate a perpetual, non-terminable, exclusive (without reservation), royalty-free, fully-paid, right and license, with the right to sublicense through multiple tiers of sublicensees, under any and all such rights: (i) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit and otherwise use the Derivative Works in any medium or format, whether now known or hereafter discovered; (ii) to use, make, have made, sell, offer to sell, import, and otherwise exploit any product or service based on, embodying, incorporating or derived from the Derivative Work(s); and (iii) to exercise any and all other present or future rights in the same. You also confirm that any relevant moral rights in the Derivative Works have been waived, or if such rights are unwaivable, you agree to not enforce such rights, and for the avoidance of doubt this waiver and agreement shall extend to Arrow Real Estates licensees and successor(s) in title. At Arrow Real Estate’s request and expense, you shall execute and deliver such instruments and take such other action as may be reasonably requested by Arrow Real Estate to perfect or protect Arrow Real Estate’s rights in the Derivative Works.

You may from time to time provide suggestions, comments and feedback to Arrow Real Estate concerning the Website, including, without limitation, identifying potential errors and improvements (collectively “Feedback”).  Feedback which is provided by you to Arrow Real Estate in connection with this Agreement may be freely used by Arrow Real Estate to improve or enhance its products and services and, accordingly, you hereby assign to Arrow Real Estate all right, title and interest in and to such Feedback without restriction.

You acknowledge and agree that there may be no adequate remedy at law for your breach of the terms of this section, that such a breach may irreparably harm Arrow Real Estate, its affiliates and/or licensors, and that Arrow Real Estate is entitled to equitable relief (including, without limitation, injunctions, and without the posting of a bond) with respect to any such breach or potential breach in addition to any other remedies.

Third Party Products, Services and Content

Your use of the Website, or certain features or functionality of the Website, may require the use of products, services or other materials which are owned or provided by third parties and provided under terms and conditions outside the scope of this Agreement (collectively, “Third Party Services”).  All Third Party Services are provided to you under the applicable terms and conditions thereof between you and the third party provider of such Third Party Services, and your use of any Third Party Services, including in connection with the Website, shall be subject to such terms and conditions. The license granted to you under this Agreement pertains solely to your use of the Website and nothing in this Agreement is intended to alter your rights or obligations under, or grant you rights that supersede, the terms applicable to any Third Party Services.  You are solely responsible for ensuring that your use of the Website does not breach or conflict with the terms applicable to any Third Party Services.

In addition, the Website may display or provide access to information, including data regarding financial markets, which is not supplied by Arrow Real Estate (“Third-Party Content”).  Arrow Real Estate has not been involved in the preparation of, and has no control over, any such Third-Party Content and explicitly disclaims any warranties in connection therewith.  All Third-Party Content is provided on an “as is” basis.

No Investment, Legal or Tax Advice; No Solicitation or Offer

Neither the information nor any opinion contained on this Website constitutes legal, tax or investment advice, or a solicitation or an offer to sell any securities or other financial instruments, or to provide any investment advice or service. Arrow Real Estate is not using this Website to provide legal, tax, investment or other advice, and no information or material on this Website may be relied upon for the purpose of making or communicating investment or other decisions.

Indemnity

You use of the Website, including your use of any Third Party Services in connection with the Website, and any decisions based on information contained in this Website are the sole responsibility of you, and you agree to defend, indemnity and hold Arrow Real Estate and its affiliates harmless from and against any liability that Arrow Real Estate may incur, including liability resulting from third party claims, arising from any decisions that you may make based on such information or from your use of the Website.

Product and Service Information

Arrow Real Estate does not warrant that any information, including any product or service descriptions, or other content of this Website, is accurate, complete, reliable, updated, current, or error-free.  In the event Arrow Real Estate determines that any such information is inaccurate or incomplete, Arrow Real Estate reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error unless prohibited by law. Arrow Real Estate may make improvements or changes to any content, information products, services, or programs described on this Website at any time without notice.

No Warranty

The information and materials contained on this Website are provided “AS IS” and Arrow Real Estate does not warrant the accuracy, adequacy, or completeness of any such information or materials, and expressly disclaims liability for errors or omissions in such information and materials. The information and materials on this Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Arrow Real Estate does not undertake any obligation or responsibility to update or amend any such information. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

Arrow Real Estate does not warrant that use of this Website will be uninterrupted or error-free. You are responsible for taking all precautions necessary to ensure that any information and materials they may obtain from or through this Website is free of viruses and other disabling contamination. Information submitted to this Website should be considered neither secure nor confidential. Arrow Real Estate makes no representation whatsoever concerning the security or confidentiality of such information and specifically makes no representation that any information submitted through this Website will be received by Arrow Real Estate.

Limitation of Liability

IN NO EVENT WILL ARROW REAL ESTATE NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR THEIR USE, OR THE INABILITY TO USE, BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF ARROW REAL ESTATE OR ITS AFFILIATES AND REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Termination

Arrow Real Estate may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to the Website, in whole or part, at any time for any reason without prior notice, including but not limited to for reasons involving your use of the Website which Arrow Real Estate may deem to be illegal or potentially brand damaging. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Upon termination, you shall immediately discontinue use of the Website.

Privacy

Your privacy and the security of your information are important to Arrow Real Estate. Arrow Real Estate’s Privacy Policy, as amended from time to time, applies to your use of the Website. You agree that Arrow Real Estate may collect, use and share your personal information in accordance with the Privacy Policy and to provide and maintain products and services you have requested by or through the Website.

Use of Links

Use of any links contained on this Website is at your own risk. The content to any independent third party website to may not have not been developed, checked for accuracy or otherwise reviewed by Arrow Real Estate, which makes no warranties, either express or implied, or representations as to, and shall have no liability for, any third-party website or content, including without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. Links to unaffiliated websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and Arrow Real Estate expressly disclaims any such endorsement or representation. In addition, third party websites may have a privacy policy or security practices different from this Website so it is important to read the policies of those sites before sharing your personal information. You hereby waive any claim you might have against Arrow Real Estate and its affiliates with respect to such other websites.

Other Agreements

In addition to this Agreement, you agree to be bound by and comply with such other written requirements as Arrow Real Estate may furnish to you in connection with products and services provided through the Website, including, but not limited to, all account agreements, end user license agreements, and with all applicable State and Federal laws and regulations. To the extent there is a conflict between the terms of this Agreement and your applicable account agreements with us, or any end user license agreements (“EULA“) provided in conjunction with your use of such products or services, the terms of your account agreement, or EULA, as the case may be, will control except as may be otherwise stated herein.

Use of this Website is Limited to Residents of the United States

The information provided on this Website is not intended for distribution to or use by any person or entity not resident in the United States, or in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Arrow Real Estate or any affiliate to any registration requirement within such jurisdiction or country. This Website is operated by Arrow Real Estate from its offices in the United States, and the information on this Website may not be appropriate or available for use in or from jurisdictions outside the United States. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Arrow Real Estate makes no warranties that materials on this Website are appropriate for use in countries other than the United States. You may not use or export the materials on this Website in violation of U.S. export laws and regulations.

Governing Law

This Agreement, and any issues relating to the Website, are to be governed exclusively by the laws of the State of California excluding the application of its conflicts of law rules, and the federal laws of the United States, to the extent applicable.

Dispute Resolution

This Agreement contains a pre-dispute arbitration clause.  Under this clause, you and Arrow Real Estate agree as follows:

  • All parties to this Agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
  • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
  • The ability of the parties to obtain documents, witness statements, and other discovery is generally more limited in arbitration than in court proceedings.
  • The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
  • The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
  • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
  • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement.
  • All controversies that may arise between you and Arrow Real Estate concerning any subject matter, issue or circumstance whatsoever, including, but not limited to, controversies concerning any account, order,  advice interaction or transaction, or the continuation, performance, interpretation or breach of this Agreement, shall be determined by arbitration in accordance with the rules then prevailing of the Financial Industry Regulatory Authority (FINRA) or any United States securities self-regulatory organization or United States securities exchange of which the person, entity or entities against whom the claim is made is a member, as you may designate.
  • If you designate the rules of a United States self-regulatory organization or United States securities exchange and those rules fail to be applied for any reason, then you shall designate the prevailing rules of any other United States securities self-regulatory organization or United States securities exchange of which the person, entity or entities against whom the claim is made is a member. If you do not notify Arrow Real Estate in writing of your designation within five (5) days after such failure or after you receive from Arrow Real Estate a written demand for arbitration, then you authorize Arrow Real Estate to make such designation on your behalf. The designation of the rules of a United States self-regulatory organization or United States securities exchange is not integral to the underlying agreement to arbitrate. You understand that judgment upon any arbitration award may be entered in any court of competent jurisdiction.
  • No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.

Material to be Reviewed in its Entirety; Severability

All materials on this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, or hedge clauses, they apply to any partial document or material in the same manner as they do to the whole, and they will be deemed incorporated in the portion of any material or document that you consult or download. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.

Legal Entity Disclosure

Arrow Real Estate is a doing business as (DBA) Arrow Asset Management. Arrow Asset Management is an entity that provides asset management services, including real estate-related activities, under the Arrow Real Estate name.

Investing involves risk, including the possible loss of principal. Past performance is no guarantee of future results, and no investment or financial planning strategy can guarantee profit or protection.

Neither Arrow Real Estate or its agents provide legal, tax nor accounting advice to clients. Please consult your own legal and/or tax advisors in connection with financial decisions.

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