TERMS AND CONDITIONS OF USE «Back to Legal
Access to this Site as defined below is provided by Park Walk. For purposes of this agreement, “Park Walk” shall mean Park Walk LLC and its affiliates, and their officers, directors, managing directors, partners, and employees. The “Site” shall mean the website of Park Walk available to the general public and located at ParkWalk.com and select other domains. By accessing or using this Site, you hereby accept and agree to comply with these Terms and Conditions of Use. You acknowledge your understanding that these Terms and Conditions of Use constitute a binding agreement between you and Park Walk (sometimes referred to as “we” or “us”) that governs your access and use of the Site, which includes any text, designs, images, illustrations, icons, downloads, music clips, photographs, programs, graphics, video clips, user interfaces, visual interfaces, information, data, products, tools, written materials, services and other content (together, "Content"), including but not limited to the design, coordination, expression, structure, selection and arrangement of the Content available on or through the Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS OF USE IN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE SITE. FURTHERMORE, IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE AND ALL OTHER RULES, POLICIES, PROCEDURES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE SITE IS A CONDITION TO YOUR RIGHT TO ACCESS THE SITE. YOUR BREACH OF ANY PROVISION OF THESE TERMS AND CONDITIONS OF USE OR OTHER RULES, PROCEDURES, POLICIES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE SITE WILL AUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THE SITE AND YOU WILL BE FULLY LIABLE FOR CONVERSION, MISAPPROPRIATION, TRESPASS TO CHATTELS AND ALL OTHER CLAIMS AND CAUSES, REGARDLESS OF THE IDENTITY OF CLAIMANT OR INJURED PARTY, ARISING FROM OR RELATING TO YOUR CONTINUED USE OF THE SITE AFTER SUCH BREACH.
Limited Right to Use
Park Walk grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by these Terms and Conditions of Use in their entirety, as well as any other rules, policies, procedures, terms or conditions that govern all or any portion of the Site. At any time and for any reason Park Walk may revoke your right to use all or any portion of the Site.
Ownership of Materials on Site
You may copy or download Content only to the extent such download is expressly permitted in writing on the Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such copying or downloading. You may not reproduce (except as noted above), display, publish, distribute, transmit, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software.
Nothing on the Site shall be interpreted as granting any license or right to use any logo, image or service mark on the Site. Anything transmitted to the Site by you becomes Park Walk’s property and may be used by us for any lawful purpose. Park Walk reserves all rights with respect to copyright and trademark ownership of all material on the Site, and will enforce such rights to the full extent of the law.
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Park Walk or by third parties who have licensed their materials to Park Walk and are protected by U.S. and international copyright laws. The compilation of all Contents on the Site is the exclusive property of Park Walk and is also protected by U.S. and international copyright laws.
No Offers or Reliance
The information provided on this Site is for informational purposes only. No Content or other material on the Site shall be used or considered as an offer to sell or as a solicitation of any offer to sell, any instrument. Offers can only be made where lawful under, and in compliance with, applicable law.
This material has been prepared for informational purposes only without regard to any particular user’s investment objectives or financial situation, and Park Walk is not soliciting any action based upon it. This material is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, instrument, or financial product; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal.
The fact that Park Walk has made the data and services provided on this Site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Site is appropriate or suitable for you. Many of the products described on this Site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that the transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, trading, hedging, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your managed or fiduciary accounts, or your accountants, and you may want to consult your attorney, tax and accounting advisors concerning any contemplated transactions.
Park Walk makes no representations that products, services or transactions discussed on the Site are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Site do so at their own initiative and are responsible for compliance with local laws and regulations.
While Park Walk uses reasonable efforts to obtain information from reliable sources, Park Walk makes no representations or warranties as to the accuracy, reliability or completeness of any information or document at the Site obtained from outside of Park Walk. Such forward-looking statements simply reflect our views, and are subject to various risks and uncertainties and speak only to our view as of the date on which they are made. 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," “plan,” “estimate,” or the negative version of these words or similar expressions. Park Walk undertakes no obligation to update publicly or revise any information on the Site, whether as a result of new information, future developments or otherwise. Opinions and any other Contents at the Site are subject to change without notice.
Park Walk is not utilizing the Site to provide investment or other advice, and no information or material at the Site is to be deemed a recommendation to buy or sell any securities 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 Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. Any transactions referenced on the Site are included as representative transactions and are not necessarily reflective of overall performance.
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 historically, or that significant losses will be avoided.
Any violations of system or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in criminal and/or civil charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). Park Walk may investigate occurrences that might involve such violations and may involve, and work with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Site if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.
No Warranty; Limitation on Liability
BY USING THE SITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. NEITHER PARK WALK NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE SITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PARK WALK NOR ITS ASSOCIATES WARRANT THE ACCURACY, COMPLETENESS, INTEGRITY, AVAILABILITY OR TIMELINESS OF THE CONTENT PROVIDED IN THE SITE OR THE MATERIALS OR SERVICES OFFERED IN THE SITE NOW OR IN THE FUTURE. PARK WALK AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE SITE, INFORMATION ON THE SITE OR THE RESULTS OBTAINED FROM USE OF THE SITE OR RELATED SERVICES.
UNDER NO CIRCUMSTANCES WILL PARK WALK OR ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, SYSTEMS FAILURE, UNAUTHORIZED ACCESS, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF PARK WALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Any Content downloaded or otherwise obtained through the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Park Walk has been advised of or should have knowledge of the possibility of such damages.
We may collect certain aggregate and non-personal information when you visit the Site. We may collect this information through "cookie" technology. Cookies are bits of text that may be placed on your computer's hard drive when you visit certain websites and may enhance your online experience by saving your preferences while you are visiting a certain site. The "help" section of the toolbar on most browsers will tell you how to disable existing cookies, how to be notified when you receive a new cookie, and how to stop accepting new cookies.
You may not violate or attempt to compromise the security of the Site. Tampering with any portion of the Site, conducting fraudulent activities on the Site, misrepresenting your identity, or providing untruthful or inaccurate information, whether or not through the use of agents, is prohibited and constitutes a breach of these Terms and Conditions of Use.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) logging onto a server or an account which you are not authorized to access; (b) accessing data not intended for your consumption; (c) breaching, removing, or disabling any security device or system, including, without limitation, any login or password system used to authenticate users; (d) without proper permission, attempting to test the vulnerability of a network or system or to breach security or authentication measures; (e) removing any notices, annotations, labels, warnings, or instructions from any portion of the Site or any related material, including, without limitation, copyright or other proprietary notices or license provisions; (f) attempting to interfere with service to any host, network or user, including, without limitation, "flooding," "spamming," or by submitting a virus to the Site; (g) sending unsolicited email, including, without limitation, the advertising of products or services; (h) forging any TCP/IP packet header or any part of the header information in any email; (i) using or attempting to use any software, tool, agent or other device (including, without limitation, browsers, robots, or spiders) to navigate or search the Site other than via search agents available on the Site and other than generally available third party web browsers; or (i) otherwise breaching the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Site.
Third Party Content and Linked Sites
References on this Site to any names, products, services, or marks 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 and do not in any way constitute or imply our endorsement, recommendation, or sponsorship of the third party, its information, materials or services. 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. If you decide to link to any such third-party sites, you do so entirely at your own risk.
Social Networks and Blogs
Certain areas within the Site may allow you to participate in various forms of social networking and/or blog discussions. These blogs and social networks are accessible to other users, and any information posted in such areas can be collected, shared, read, or otherwise used by other users who access the Site. You are solely responsible for any information you choose to submit in these forums.
Warning Regarding Web Fraud and Phishing
Our name, brands and reputation may be misused by imposters and frauds publishing fake websites and engaging in "phishing" scams seeking personal or confidential information.
When communicating with Park Walk through digital media, please:
- Confirm you are visiting a Park Walk authorized website.
- Do not share your password and login ID with anyone, including anyone from Park Walk. Certain Park Walk websites are private and available only to clients via secure log-in procedures. Apart from asking you to enter your password and log-in to enter an authorized website, Park Walk will never ask you for your password or log in information. (If you forget your password or login, you can request new ones.)
- Do not communicate or deal with personnel who are not affiliated with an authorized office. All authorized office locations are listed on our contact page. No other locations are authorized offices of Park Walk.
- Do not send e-mails to anyone with an address other than authorized Park Walk e-mail addresses. Park Walk only uses “@parkwalk.com” for email addresses. Park Walk does not permit our employees and authorized representatives to send or receive work related e-mails from personal accounts or any other email address.
If you have any questions about the above, please contact Park Walk using our Contact Us page.
Termination of Use
These Terms and Conditions of Use are effective unless and until terminated by either you or Park Walk. You may terminate these Terms and Conditions of Use at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms and Conditions of Use, in our sole discretion, at any time and may do so immediately without notice, and accordingly deny you access to the Site. Upon any termination of these Terms and Conditions of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under these Terms and Conditions of Use or otherwise.
As a condition of your use of the Site, you agree to indemnify and hold Park Walk harmless from and against any and all claims, losses, liability, costs and expenses (including, but not limited, to attorney’s fees), as incurred, arising from your use of the Site or related services or from your violation of these Terms and Conditions of Use.
Representations and Warranties
You represent and warrant that: (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms and Conditions of Use; (ii) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms and Conditions of Use; and (iii) you will not delete any Content.
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 Park Walk (including, without limitation, any customer agreement, account agreement or participation agreement) (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 Site 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.
Headings used in these Terms and Conditions of Use are for reference purposes only and in no way define or limit the scope of the section. These Terms and Conditions of Use are governed by the laws of Texas (except for conflict of law provisions). Any claim related to any dispute arising as a result of the Site or under these Terms and Conditions of Use will be made before a court of competent jurisdiction located in Texas. If any provision of these Terms and Conditions of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. The failure of Park Walk to act with respect to a breach of these Terms and Conditions of Use by you or others does not constitute a waiver and will not limit Park Walk’s rights with respect to such breach or any subsequent breaches.
By using the Site, you agree that Park Walk, at its sole discretion, may require you to submit any disputes arising from the use of the Site, related services or these Terms and Conditions of Use concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of Texas as set forth in the previous section.
Updates to the Site
Park Walk reserves the right to make changes to the Site and these Terms and Conditions of Use at any time without prior notice to you. As a result, each time you use the Site, you should visit and review the then-current Terms and Conditions of Use that apply to your use of the Site.