Terms of Use

 

1.AGREEMENT BETWEEN WEBSITE USER (“YOU”) AND EB5 AFFILIATE NETWORK, LLC
The EB5AFFILIATENETWORK.COM website (“EB5AFFILIATENETWORK.COM”) is owned, operated, and maintained by EB5 AFFILIATE NETWORK, LLC (“EB5AN”).

2.ACCEPTANCE OF TERMS
EB5AFFILIATENETWORK.COM is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. By using the EB5AFFILIATENETWORK.COM site and/or engaging EB5AN for the performance of any services for you, you are agreeing to all such terms and conditions. Your use of a particular section of the EB5AFFILIATENETWORK.COM site included within the EB5AFFILIATENETWORK.COM site may also be subject to additional terms as set forth in such section (“Additional Terms”). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the EB5AFFILIATENETWORK.COM site, then the terms contained herein shall control.

3.WEBSITE LICENSE AND ACCESS
EB5AN grants you a limited, non-exclusive, revocable license to access and make personal use of the EB5AFFILIATENETWORK.COM site but not to download (other than page caching) or modify it, or any portion of it, except with the prior express written consent of EB5AN. Personal use includes non-commercial use of the services provided by EB5AN as agreed upon by and between you and EB5AN but does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other Proprietary Material, as defined below, of EB5AN and/or its affiliates without express written consent of EB5AN. You may not use any meta tags or any other text utilizing EB5AN’s name, trademarks or other Proprietary Material without the express written consent of EB5AN. Any unauthorized use terminates the permission or license granted by EB5AN. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of EB5AN (WWW.EB5AFFILIATENETWORK.COM) so long as the link does not portray EB5AN, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EB5AN logo or other proprietary graphic or trademark as part of the link without express written permission of EB5AN.

4.PROPRIETARY MATERIAL, OWNERSHIP RIGHTS, AND USE
For purposes of this Terms of Use, the term “Proprietary Material” shall mean all of EB5AN’s customer lists, customer information, supplier lists, financial information, contractual information, logos, designs, pricing information, cost information, profit information, internal business organization information, marketing, business and expansion documents, plans and concepts or other business information, research and development, intellectual property (including but not limited to EB5AN’s copyrights, trademarks, patents, and trade secrets), technologies, processes and methods and all written and oral information concerning any of the preceding available on the EB5AFFILIATENETWORK.COM site. You acknowledge and agree that EB5AN has the exclusive copyright, trademark, patent, proprietary, industrial, ownership and use rights to all the Proprietary Material throughout the world, whether such rights currently exist or are recognized in the future, and in all media and languages, whether now or subsequently existing, including but not limited to: (a) all technical data or other written or oral disclosures concerning any Proprietary Material and/or the design, functionality and specifications of any Proprietary Material; (b) all know-how, techniques or processes concerning the Proprietary Material; (c) all future modifications to or improvements of Proprietary Material; (d) all derivative works based on or know-how, inventions or technology developed from any Proprietary Material and/or information derived from the Proprietary Material; and (e) all rights to exploit Proprietary Material commercially. All trademarks and other marks indicated on the EB5AFFILIATENETWORK.COM site are trademarks or registered trademarks of EB5AN, or its subsidiaries, parents and affiliates, in the United States and other countries. EB5AN’s trademarks may not be used in connection with any product or service that is not EB5AN’s, in any manner that is likely to cause confusion among the relevant demographic community, or in any manner that disparages or discredits EB5AN. All other trademarks not owned by EB5AN or its subsidiaries that appear on this site are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by EB5AN or its subsidiaries. All EB5AN proprietary website content that is made publicly available to view and/or download in connection with the EB5AFFILIATENETWORK.COM site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, (“Content”) and software (“Software”), is owned by and is the copyrighted work of EB5AN and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all EB5AN proprietary content on the EB5AFFILIATENETWORK.COM site is the exclusive property of EB5AN and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of EB5AN and/or its software suppliers and is protected by United States copyright laws and international treaty provisions. Any reproduction or redistribution of EB5AN proprietary Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

5.NON-DISCLOSURE
You specifically agree that you shall: (a) hold the Proprietary Material in trust solely for EB5AN’s benefit and use; (b) not directly or indirectly sell, alienate, transfer, assign, disclose or divulge Proprietary Material to any person or entity without EB5AN’s prior written permission; (c) allow solely those individuals who are in your employment as officers or executive level employees and who have a specific “need-to-know” to maintain or have access to Proprietary Material; (d) keep all documents and information which it receives concerning Proprietary Material segregated in a retention area designed solely for such Proprietary Material and restricted in access as aforesaid; and (e) not directly or indirectly use Proprietary Material or any information relating to Proprietary Material for the benefit of any individual, business, profession, partnership, corporation, joint venture or other endeavor including itself, nor in any way utilize or exploit any Proprietary Material commercially, nor prepare any design or derivative work from or develop any know-how, inventions or technology predicated on any Proprietary Material. You acknowledge that if you breach any of your obligations under this NON-DISCLOSURE provision, such breach will cause damage of an irreparable and continuing nature to EB5AN, for which money damages alone will not provide adequate relief. Therefore, in addition to all appropriate money damages, EB5AN is entitled to obtain injunctive relief (including but not limited to a temporary restraining order) to prohibit your continuing breach of the terms of this Terms of Use. EB5AN shall have the right to obtain such relief without having to prove any damages or post any bond.

6.NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of EB5AFFILIATENETWORK.COM site, you will not use EB5AFFILIATENETWORK.COM site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use EB5AFFILIATENETWORK.COM site in any manner which could damage, disable, overburden, or impair the EB5AFFILIATENETWORK.COM site (or the network(s) connected to the EB5AFFILIATENETWORK.COM site) or interfere with any other party’s use and enjoyment of the EB5AFFILIATENETWORK.COM site. You may not attempt to gain unauthorized access to the EB5AFFILIATENETWORK.COM site, other accounts, computer systems or networks connected to the EB5AFFILIATENETWORK.COM site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the EB5AFFILIATENETWORK.COM site. You may not utilize reverse engineering, disassembly or any other means to develop a product, database, list, process, software or business plan based on any Proprietary Material.

7.MODIFICATION OF THESE TERMS OF USE
EB5AN reserves the right to modify these Terms of Use under which the EB5AFFILIATENETWORK.COM site are offered. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of EB5AFFILIATENETWORK.COM site. Your continued use of the EB5AFFILIATENETWORK.COM site constitutes your agreement to all such terms and conditions.

8.TERMINATION/ACCESS RESTRICTION
EB5AN reserves the right, to terminate or limit your access to any or all of the EB5AFFILIATENETWORK.COM site and related services (including but not limited to access to EB5AFFILIATENETWORK.COM site electronic mail) or any portion thereof at any time, without notice, if you violate any terms in this Terms of Use or any Additional Terms set forth in any section of the EB5AFFILIATENETWORK.COM site.

9.NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. Send notifications to: Samuel B. Silverman c/o EB5 Affiliate Network, LLC, 3801 PGA Boulevard, Suite 902, Palm Beach Gardens, FL 33410

10.LINKS TO THIRD PARTY SITES
The EB5AFFILIATENETWORK.COM site may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of EB5AN and EB5AN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EB5AN is not responsible for webcasting or any other form of transmission received from any Linked Site nor is EB5AN responsible if the Linked Site is not working appropriately. EB5AN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EB5AN of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the EB5AFFILIATENETWORK.COM site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. EB5AN shall not be responsible or liable for any part of any such dealings or promotions.

11.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE EB5AFFILIATENETWORK.COM SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE EB5AFFILIATENETWORK.COM SITE AND TO THE INFORMATION THEREIN. EB5AN AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EB5AFFILIATENETWORK.COM SITE AT ANY TIME. EB5AN AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY OR TIMELINESS OF THE INFORMATION CONTAINED WITHIN THE EB5AFFILIATENETWORK.COM SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EB5AN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT EB5AN SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED THROUGH THE EB5AFFILIATENETWORK.COM SITE. YOU SPECIFICALLY AGREE THAT EB5AN IS NOT RESPONISIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EB5AN IS NOT RESPONISIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE EB5AFFILIATENETWORK.COM SITE BY ANY THIRD PARTY. IN NO EVENT SHALL EB5AN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR YOUR USE OF THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT CONTAINED IN SUBMISSIONS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EB5AFFILIATENETWORK.COM SITE, WITH THE DELAY OR INABILITY TO USE THE EB5AFFILIATENETWORK.COM SITE OR RELATED SERVICES (RESULTING FROM INCREASED INTERNET TRAFFIC, TECHNOLOGICAL MALFUNCTION, OR ANY OTHER REASON), THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE EB5AFFILIATENETWORK.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EB5AN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EB5AFFILIATENETWORK.COM SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EB5AFFILIATENETWORK.COM SITE.

12.INDEMNIFICATION
You will defend, indemnify and hold harmless EB5AN and its successors, assigns, subsidiaries and affiliates (collectively the “Indemnitees”), on demand, from any liabilities and expenses, including but not limited to attorneys’ and accountants’ fees, investigation costs, travel costs, transcript costs, disbursements, settlement amounts, judgments, lost profits, lost business opportunities, fines or penalties, which any Indemnitees incur in connection with, in settlement of or resulting from any claims, actions, suits or proceedings (whether civil, criminal, administrative or investigative, including all associated appeals) which involve or threaten any Indemnitees, as parties or otherwise, that are in any way based upon or associated with your failure to satisfy any obligations set forth in this Terms of Use.

14. ARBITRATION
The validity, construction, and performance of this Agreement shall be governed by, and interpreted in accordance with the internal laws (and not the laws of conflict) of the State of Florida and of the United States of Ameri14
ARBITRATION
In the event any litigation is brought to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its attorney’s fees and all costs and expenses incurred before institution of the action, after institution of the action, and on appeal, including attorney’s fees and associated costs incurred for determining the actual amount of the attorney’s fees and cost award. “Cost” is defined to include, but is not limited to, long distance calls, copy charges, postage, courier service fees, overnight delivery fees, attorney’s travel expenses, all depositions, witness fees, expert witness fees, expert witness travel time, and each and every other cost associated with the litigation or effort to collect sums due hereunder, and the parties specifically agree that the award of costs is not limited to those set forth in the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions. In any such action brought to enforce or interpret the terms of this Agreement, Venue for any such action shall be in Palm Beach County, Florida. The parties hereto hereby irrevocably and unconditionally submit, for itself and its property, to the exclusive jurisdiction of and agrees that Venue shall be proper in the state, local and federal courts of Palm Beach County, Florida, and irrevocably waive, to the fullest extent permitted by law, any objection that any of them may now or hereafter have to the laying of Venue in any suit, action or proceeding arising out of or relating to this Agreement or any judgment entered by any court with respect hereof brought in Palm Beach County, Florida, and further hereby irrevocably waive any claim that any suit, action or proceeding brought in Palm Beach County, Florida has been brought in an inconvenient forum.

15.DISCLOSURE, SEVERABILITY AND SURVIVAL
EB5AN reserves the right to disclose any personal information about you or your use of the EB5AFFILIATENETWORK.COM site without your prior permission if EB5AN has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of EB5AN or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its users. EB5AN’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EB5AN’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EB5AFFILIATENETWORK.COM site or information provided to or gathered by EB5AN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Your non-disclosure obligations under this Terms of Use shall survive and continue until said Proprietary Material becomes part of the public domain, through no fault of yours, in which case, your non-disclosure obligations shall cease as concerns solely that portion of Proprietary Material which so becomes part of the public domain.

16.LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English.

17.ENTIRE AGREEMENT
Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between the user and EB5AN with respect to the EB5AFFILIATENETWORK.COM site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EB5AN with respect to the EB5AFFILIATENETWORK.COM site.

18.ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19.LEGAL ADVCICE
The information provided by EB5AN along with any content on our website related to legal matters (“Legal Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.

If you need legal advice for a specific problem, you should consult with licensed attorney. Neither EB5AN nor any Legal Information provided by EB5AN is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.

Your use of the EB5AN site does not create an attorney-client relationship between you and EB5AN, or between you and any EB5AN employee or representative. Unless you are otherwise represented by an attorney you represent yourself in any legal matter you undertake through our site or through information provided through our site.

EB5AN is not a “Lawyer Referral Service”. EB5AN does not endorse or recommend any attorney nor does it make any warranty as to the qualifications or competency of any attorney.