The following terms and conditions apply to the use of this website (the “Site”).
Terms and Conditions
This Site is intended to provide only general information about the services provided by Clear Capital LLC. We do not warrant or represent that the information contained on this Site is complete, reliable or accurate. Some of the information may not apply to a particular investment scenario. Independent professional advisors should always be consulted prior to making investment decisions. The information on this Site shall in no way constitute investment, legal or tax advice and should not be relied on for that purpose. The general information, advice or opinions that may be contained within the content on the Site are subject to change.
No Offer of Securities
Except for the private placement memorandums posted in the password protected pages of the Investor Portal, none of the opinions or information on this Site constitutes a solicitation or offer by Clear Capital LLC to buy or sell any securities or other financial instruments.
Clear Capital LLC makes no representations or warranties that past investment performance is an indication of future results. Users of this Site should not rely on past investment performance as there is always a possibility of loss with investments of this nature, including but not limited to uninsured casualty losses, changes in interest rates, changes in market conditions, changes in rules affecting tenancy, changes in zoning and financing, the impact of regulatory or legal proceedings, our ability to attract and retain key personnel, subjectivity in valuation methodologies, political social and economic uncertainties and risks, and the timing of legislative and regulatory actions and reforms. The information contained on this website may include forward looking statements that are based on Clear Capital LLC’s current assumptions, and opinions. No such forward looking statements constitute a guarantee or representation of the future and Clear Capital LLC does not have any obligations to update or revise any forward-looking statements. The visitor is solely responsible for any decisions based on information contain in this Site and should consult with their own independent tax, legal and financial advisors as well as perform their own due diligence before making any investment decisions.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLEAR CAPITAL LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLEAR CAPITAL LLC DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THE ACCURACY OR COMPLETENESS OF THE INFORMATION, LINKS OR OTHER ITEMS CONTAIN ON THE SITE, AND CLEAR CAPITAL LLC FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLEAR CAPITAL LLC SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM INFORMATION CONTAINED ON THE SITE OR VIRUSES THAT MAY INFECT YOUR COMPUTER. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
In consideration for access to this Site, you agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any claims, judgments, liabilities, damages, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, and any use of the Site’s content and services other than as expressly authorized in these Terms and Conditions.
Restrictions on Use of Materials
You may download material displayed on this Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, or use the content of this Site for public or commercial purposes, including all text, images, audio and video, without Clear Capital LLC’s prior written permission.
Intellectual Property Rights
This Site and all content contained therein, including but not limited to all trademarks, service marks, trade names, logos and icons are proprietary to Clear Capital LLC. Your use of the trademark or any such items or content displayed on this Site, except as expressly provided for herein, is strictly prohibited. Nothing on the Site should be construed as granting any license or right to use any trademark displayed on this Site without the prior written permission of Clear Capital LLC.
This site may only be used for lawful purposes and in accordance with these Terms and Conditions. The Site may not be used contrary to any applicable federal, state, local or international law or regulation or in any way that restricts anyone’s use or enjoyment of the Site, or which may harm Clear Capital LLC or users of the Site or expose them to liability.
Clear Capital LLC is based in the state of California in the United States. This Site is intended for use mainly by persons located within the United States. The Site and its content may not be appropriate outside of the United States. Access to the Site in certain countries by certain persons may be illegal. If you access the Site from outside the United States, you are solely responsible for compliance with local laws.
Links to Third Party Sites
The site may contain links to other sites provided by third parties. These links are provided for your convenience only and you agree to assume any and all risks associated therewith. Furthermore, you agree that Clear Capital LLC accepts no responsibility for any loss or damage that may arise from your use of them.
All matters, claims and disputes relating to this Site and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Site shall be instituted in courts, whether state or federal, which are located in Orange County, California. By using this Site, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
A waiver of any term or condition as set forth in these Terms and Conditions shall not be deemed a waiver of any other term or condition. If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited such the remaining provisions of the Terms and Conditions of use shall carry on in full force and effect.
These Terms and Conditions represent the entire agreement between Clear Capital LLC and user of this Site, relating to the subject matter hereof, and supersede all previous agreements regarding such subject matter. No oral promise, representation or warranty by a representative of Clear Capital LLC supplements these Terms and Conditions or will bind Clear Capital LLC. You agree that any agreements made by and between you and Clear Capital LLC in electronic form are as legally binding as if made in physical written form.
Clear Capital LLC retains the right to terminate your access to the Site without prior notice. Upon termination of these Terms and Conditions, you agree to destroy all information and materials obtained by you or on your behalf from the Site and all copies and installations thereof.