Terms of Use

Updated July 2021

We are pleased that you have elected to visit and use this website, www.eastdilsecured.com (the “Website” or the “Site”), operated by, or on behalf of Eastdil Secured, L.L.C. (“Eastdil Secured,” “ES,” “us,” and “we”), with registered address 40 West 57th Street, New York, NY10019, United States (“U.S.”). Please find our contact details and, if you are accessing the Website from outside the U.S., details of your local office on our “Contact” page of the Website at www.eastdilsecured.com.

Eastdil Secured is a market-leading commercial real estate brokerage firm that offers its clients guidance and connectivity between the largest and most active real estate owners, operators, investors and lenders in the world. The Website describes our products, services, markets and locations.

Please read these Terms of Use (“Terms of Use”) carefully and ensure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Eastdil Secured and you regarding your use of the Website and supersede any prior statements or representations. You are not authorized to use the Website if you do not agree to all or any of these Terms and Conditions.

Please also read the Website’s Privacy Policy and Cookie Policy which set out how Eastdil Secured will process your Personal Data (as defined therein).

Notwithstanding anything to the contrary as set forth in these Terms of Use, to the extent the rules of a particular jurisdiction would require action by Eastdil Secured that is different from the terms set forth herein, and such rules would be applicable in the circumstances presented, then Eastdil Secured will follow the rules of such jurisdiction, as applicable.

CHANGES TO THE TERMS OF USE

From time to time, these Terms of Use may change. Eastdil Secured reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on the Website and changes will become effective once posted. Your access to or use of the Website will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.

You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top of these Terms of Use.

USE OF THE WEBSITE

You must be 18 years of age to use this Site.

Access to, distribution and/or use of the Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of the Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Eastdil Secured makes no representation that the Website, or the materials contained hereon, are appropriate for users located in countries other than the USA. You are responsible for compliance with all laws of the country from which you access this Site, if and to the extent that such laws are applicable to your use of the Website.

Each time you visit any area on the Website and/or register for any interactive functionality of the Website, you are deemed to have confirmed your acceptance to these Terms of Use and have read the Website’s Privacy Policy and Cookie Policy. If you do not agree to abide by these Terms of Use, please do not use the Website.

By participating in the activities offered on this Site, you affirm, represent and warrant that: (a) you are 18 years of age or older; (b) all information you submit via the Site shall be truthful and accurate (and you will inform us if you become aware that such information was not truthful or accurate); (c) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

Eastdil Secured may terminate your right to access and/or use the Website at any time and you may also stop accessing and/or using the Website at any time.

USE OF MATERIALS

Materials on the Website, including but not limited to sound recordings, images, reports, trademarks, compilations, and graphics (collectively referred to as the “Materials”), are protected under various intellectual property laws and owned or controlled by Eastdil Secured, or used with permission of the owner(s) of such Materials. The display of Materials at the Website does not imply that a license of any kind has been granted to you.

Eastdil Secured hereby grants you permission to use the Website and the Materials as set forth in these Terms of Use, provided that:

your use of the Website and Materials as permitted is solely for your personal, noncommercial use;
you will not copy or distribute any part of the Website and Materials in any medium and you will not “frame” the Website or any Materials in any site you create or operate without Eastdil Secured’s prior written authorization; you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website; and,
you will otherwise comply with these Terms of Use and applicable laws.

Except as otherwise indicated on the Website, copying, reproducing, uploading, downloading, transmitting or any other use of the Website or of any of the Material, in whole or part, without the express permission of Eastdil Secured is prohibited. You may only download digital files where expressly permitted. Any unauthorized access to, use or copying of the Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.

PRIVACY

Please see Eastdil Secured’s Privacy Policy at Privacy Policy for information concerning the collection and use of Personal Data (as defined therein) from you when you access and/or utilize the Website.

LINKS

The Website may contain links to other websites and to social media features (collectively, “other sites”) that are not controlled and/or maintained by Eastdil Secured. Access to and use of such other websites is at your own risk and subject to any terms of use which govern such other sites. By providing such links, Eastdil Secured shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on other sites. Eastdil Secured is not responsible for the content contained on other sites, or for the failure of any product or service offered for sale or advertised on any other sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked other sites are owned and/or controlled by other organizations. Moreover, such other sites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

Limitation of Liability and Use Disclaimer

EASTDIL SECURED ENDEAVORS TO MAKE SURE THAT ALL INFORMATION AND DATA IT ORIGINATES ON THE WEBSITE IS ACCURATE. HOWEVER, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EASTDIL SECURED IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSS RELATED TO THE USE OF THE WEBSITE OR ANY PRODUCTS AND/OR SERVICES THAT MAY BE PROVIDED THROUGH THE WEBSITE.

THE WEBSITE, ALL MATERIAL CONTAINED ON THE WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THE WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. EASTDIL SECURED RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THE WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITIES OR WARRANTIES APPLY TO THE FULLEST EXTENT PERMITTED AT LAW AND SUBJECT TO THE SPECIFIC PROVISIONS LISTED BELOW FOR FRANCE, GERMANY, THE DIFC AND THE UK.

EASTDIL SECURED IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSS RELATED TO YOUR RELIANCE ON ANY OUTDATED VERSION OF THESE TERMS OF USE OR ANY OUTDATED VERSION OF OUR PRIVACY POLICY.

UNLESS PROHIBITED BY LAW, AND SUBJECT TO THE SPECIFIC PROVISIONS BELOW FOR FRANCE, GERMANY, THE DIFC AND THE UK, NEITHER EASTDIL SECURED (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THE WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE SPECIFIC PROVISIONS BELOW FOR FRANCE, GERMANY, THE DIFC AND THE UK, EASTDIL SECURED MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF EASTDIL SECURED’S SECURE SERVER AND/OR ANY PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

THE FOLLOWING PARAGRAPHS SHALL APPLY TO (I) ANY USERS LOCATED IN THE UK AND (II) ANY USERS DIRECTED TO THE WEBSITE BY OUR UK BUSINESS IN RESPECT OF THE UK BUSINESS ONLY.

UNLESS PROHIBITED BY LAW AND SUBJECT TO THE FINAL PARAGAPH OF THIS SECTION, NEITHER EASTDIL SECURED (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THE WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FOLLOWING PARAGRAPH, EASTDIL SECURED MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF EASTDIL SECURED’S SECURE SERVER AND/OR ANY PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

NOTHING IN THESE TERMS OF USE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY OTHER MATTER THAT IT WOULD BE UNLAWFUL FOR US TO (OR TO ATTEMPT TO) EXCLUDE OR LIMIT. OUR MAXIMUM AGGREGATE LIABILITY FOR ALL OTHER DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RESPECT OF YOUR USE OF OUR SITE, SHALL BE USD10.

France

THE FOLLOWING PARAGRAPHS SHALL APPLY TO (I) ANY USERS LOCATED IN FRANCE AND (II) ANY USERS DIRECTED TO THE WEBSITE BY OUR FRENCH BUSINESS IN RESPECT OF THE FRENCH BUSINESS ONLY.

UNLESS PROHIBITED BY LAW, AND SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, NEITHER EASTDIL SECURED (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, CONSECUTIVE OR NON CONSECUTIVE AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THE WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR MAY NOT APPLY IN ITS ENTIRE SCOPE.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FOLLOWING PARAGRAPH, EASTDIL SECURED MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF EASTDIL SECURED’S SECURE SERVER , (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS OR LOSS IN ANY CONTENT OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

NOTHING IN THESE TERMS OF USE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR TORT, FRAUD, DEATH OR PHYSICAL INJURY, GROSS NEGLIGENCE, WILFULL MISCONDUCT OR ANY OTHER MATTER THAT IT WOULD BE UNLAWFUL FOR US TO (OR TO ATTEMPT TO) EXCLUDE OR LIMIT. ADDITIONALLY, YOUR PERSONAL DATA WILL BE PROTECTED AS REQUIRED UNDER THE EU GENERAL DATA PROTECTION REGULATION 2016 / 679 of APRIL 27, 2016 (“GDPR”) AND THE FRENCH DATA PROTECTION ACT N°78-17 OF JANUARY 6, 1978 AS MODIFIED.

Germany

THE FOLLOWING PARAGRAPH SHALL APPLY TO (I) ANY USERS LOCATED IN GERMANY AND (II) ANY USERS DIRECTED TO THE WEBSITE BY OUR GERMAN BUSINESS IN RESPECT OF THE GERMAN BUSINESS ONLY.

WE ARE LIABLE WITHOUT LIMITATION FOR DAMAGES CAUSED INTENTIONALLY OR BY GROSS NEGLIGENCE. IN CASE OF SLIGHT NEGLIGENCE, WE ARE LIABLE IN CASE OF INJURY TO LIFE, BODY OR HEALTH. OUR LIABILITY UNDER THE GERMAN PRODUCT LIABILITY ACT REMAINS UNAFFECTED.

BEYOND THAT, WE ARE ONLY LIABLE IN CASE OF VIOLATION OF AN ESSENTIAL CONTRACTUAL OBLIGATION. ESSENTIAL CONTRACTUAL OBLIGATIONS REFER IN AN ABSTRACT WAY TO SUCH OBLIGATIONS THAT ARE ESSENTIAL FOR FULFILLING THE PROPER PERFORMANCE OF THE AGREEMENT AS SUCH AND THE OBSERVANCE OF WHICH THE CON-TRACTUAL PARTNER MAY REGULARLY RELY ON. IN THESE CASES, LIABILITY IS LIMITED TO THE REPLACEMENT OF FORESEEABLE, TYPICALLY OCCURRING DAMAGE.

TO THE EXTENT OUR LIABILITY IS EXCLUDED OR LIMITED BY THE ABOVE PROVISIONS, THIS ALSO APPLIES TO OUR LEGAL REPRESENTATIVES AND VICARIOUS AGENTS.

Dubai International Financial Centre

THE FOLLOWING PARAGRAPH SHALL APPLY TO (I) ANY USERS LOCATED IN THE DIFC AND (II) ANY USERS DIRECTED TO THE WEBSITE BY OUR DIFC BUSINESS IN RESPECT OF THE DIFC BUSINESS ONLY.

Collecting Sensitive Personal Information

Particular care should be taken in respect of Sensitive Personal Information that you collect. In most circumstances, we would expect to be able to justify processing the Sensitive Personal Information we receive on the basis of one of the grounds at section 4.1 above and, at the same time, one of the following grounds:

the Individual has given their explicit and informed consent;
the Individual has otherwise made the information public;
it is otherwise necessary:
1. to fulfill our rights or obligations in the field of employment;
2. to protect an Individual’s vital interests; or
3. for the establishment, exercise or defense of legal claims.

YOUR RESPONSIBILITIES

You are responsible for undertaking suitable precautions to scan the browsers, hardware and software you use to access our Website for computer viruses and maintaining a backup of all data and/or equipment.

INDEMNITY

All jurisdictions other than Germany

Unless prohibited by law, you will indemnify Eastdil Secured, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Eastdil Secured, shall survive beyond any term for which these Terms of Use are in effect.

France

The following paragraphs shall apply to (i) any users located in France and (ii) any users directed to the website by our French business in respect of the French business only.

If you are an individual acting in your personal capacity, Eastdil Secured will indemnify you from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against you by a third party relating to, or arising from or in connection with: (i) Eastdil Secured’s breach of any of its representations and/or warranties set forth in these Terms of Use;

ELECTRONIC COMMUNICATIONS

Where Eastdil Secured has the right to do so, Eastdil Secured may send you certain communications. Please see our Privacy Policy for more information.

ACQUISITION OF BUSINESS

In the event that Eastdil Secured and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and (to the extent relevant) agree that the Website, all data collected on the Website, and all rights and obligations of Eastdil Secured and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Eastdil Secured will post a notice to such effect on the Website.

CONTACT US

If you have any questions concerning the Website or these Terms of Use, please contact us at 888-732-2278, by fax at 310-526-9085 or by email at webmaster@eastdilsecured.com.

Please see our Privacy Policy for details as to how you may contact us regarding any questions about our Privacy and Cookies Policies.

COPYRIGHT INFRINGEMENT-NOTICE AND TAKE-DOWN POLICY

Eastdil Secured values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on the Website, you should provide the following notice to Eastdil Secured:

Address:
Telephone number:
Electronic Mail Address:

In your notice, you must include the following:

a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
identification of the copyrighted work(s) that is (are) allegedly being infringed;
identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Eastdil Secured to locate such materials;
contact information (i.e., name, address, email address) sufficient to enable Eastdil Secured to contact you;
a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

EXPORT CONTROLS

Software and the products obtained through or related to the Website may be subject to United States export controls or the export controls of other countries from where you access the Site. No software or products may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries’ export laws, as applicable. Subject to the above exceptions to these Terms of Use’s specific exclusions or limitations of warranties or liabilities, downloading or using the software or products is at your sole risk.

DISPUTES AND GOVERNING LAW

In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable. If such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction.

If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use.

No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction.

No waiver by Eastdil Secured of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Eastdil Secured’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except as set out below, use of the Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions.

If you are an EU or UK consumer, you have the choice for these Terms of Use to be governed by the law of, and for any disputes to be heard in the courts of, the UK or the EU member state in which you are located (as applicable). For the avoidance of doubt, if you are a consumer located in the EU, you enjoy the protection of the mandatory provisions of the law, which would be applicable without this clause, in accordance with Art. 6 para. 2 Rome I Regulation.

If you are accessing the Website from the DIFC, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using the Website, you agree that (1) any and all disputes and causes of action arising out of or connected with the Website shall be governed by laws of the State of New York of the United States of America and resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in the DIFC within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the London Court of International Arbitration; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

Except where prohibited by law and otherwise set out above, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using the Website, you agree that (1) any and all disputes and causes of action arising out of or connected with the Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. You understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.

To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the site you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to the Website and/or the Materials. Subject to the “Exceptions” at “Limitation of Liability and Use Disclaimer” above, but notwithstanding anything to the contrary set forth in these Terms of Use or otherwise subject to those same Exceptions, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Except where stated to the contrary in these Terms of Use, Eastdil Secured may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Eastdil Secured, in the event that Eastdil Secured believes that there is a violation, or a threatened violation, of any of Eastdil Secured’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

THE FOREGOING SHALL APPLY SUBJECT TO ANY MORE PROTECTIVE RULES OF FRENCH AND GERMAN LAW REGARDING RIGHTS AND OBLIGATIONS OF CONSUMERS OR NON PROFESSIONAL USERS, COMPETENT JURISDICTION OVER ANY DISPUTES RELATED TO THESE TERMS OF USE OR INDEMNIFICATION RIGHTS AND OBLIGATIONS, FOR THE BENEFIT OF USERS OF THE WEBSITE BEING LOCATED IN FRANCE OR GERMANY OR BEING DIRECTED TO THE WEBSITE BY OUR FRENCH AND GERMAN BUSINESSES IN RESPECT OF SUCH BUSINESS ONLY.

Mentions Légales

Eastdil Secured SAS is a company incorporated under French law with its registered office at 15 Avenue Matignon, 75008 Paris, France, and with registered number 878 951 250

Legal Form SAS

Amount of share capital: €10,000

The website is managed by: webmaster@eastdilsecured.com

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Terms of Use