TERMS OF USE

Binding Effect. This is a binding agreement. By using the Internet site located at www.5threalty.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by Fifth Avenue Realty from time to time in its sole discretion. Fifth Avenue Realty may or may not post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Terms of Use; Acceptance. The Site and Service is offered to you, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions, and notices. You warrant that all information supplied by you or on your behalf in using this website is true and accurate. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS AND NOTICES, WE REQUEST THAT YOU DO NOT USE THIS SITE. Personal Use Limitation. This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this Site. Compliance with Intellectual Property Laws. All contents of this Site are owned by Fifth Avenue Realty or attributed parties. All rights are reserved. Certain trademarks, trade names and service marks appearing on this Site are owned by Fifth Avenue Realty. All rights are reserved with respect to those marks and names. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

No Warranties. FIFTH AVENUE REALTY HEREBY DISCLAIMS ALL WARRANTIES. FIFTH AVENUE REALTY IS MAKING THE SITE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, FIFTH AVENUE REALTY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND REGARDING THIS SITE AND ANY DATA, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FIFTH AVENUE REALTY DOES NOT WARRANT THAT:

(I) THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS;

(II.) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS;

(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE;

(IV) THE QUALITY OF ANY DATA, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PROVIDED TO YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS;

(V) ANY ERRORS ON THIS SITE WILL BE CORRECTED; OR

(VI) THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE, OR RELIABLE. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM FIFTH AVENUE REALTY OR ITS BROKERS, AGENTS OR EMPLOYEES OR THROUGH OR FROM THIS SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITE. YOU AGREE THAT FIFTH AVENUE REALTY AND ANY OF ITS BROKERS, AGENTS AND EMPLOYEES ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THIS SITE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, OR OTHER OCCURRENCES BEYOND THE CONTROL OF FIFTH AVENUE REALTY OR SUCH THIRD PARTIES. FIFTH AVENUE REALTY SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES (EVEN IF FIFTH AVENUE REALTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY FIFTH AVENUE REALTY. This limitation of liability shall apply regardless of whether the damages arise out of breach of contract, tort or any other legal theory or form of action.

Indemnity. You agree to indemnify, defend, and hold harmless Fifth Avenue Realty, its subsidiaries and affiliates, and the officers, directors, employees, brokers and agents, from and against any and all claims, liabilities, damages, losses, or expenses, including attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Site.

No Unlawful or Prohibited Use. As a condition to your use of this Site, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Links to Third-Party Sites. This Site may contain hyperlinks to websites operated by parties other than Fifth Avenue Realty. Such hyperlinks are provided for your reference only. Fifth Avenue Realty does not control such websites and is not responsible for their contents. Fifth Avenue Realty's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Software Available on this Site. Any software that is made available to use or download from this website ("Software") is the copyrighted work of Fifth Avenue Realty or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, Fifth Avenue Realty hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Site in accordance with these terms and conditions and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained on this Site, is owned by Fifth Avenue Realty or its suppliers, and is protected by copyright laws and international treaty provisions.

Any reproduction or redistribution of the 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 Software to any other server or location for further reproduction or redistribution is expressly prohibited.

The Software is warranted, if at all, only according to the terms of the License Agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the United States.

Privacy. Please see the Privacy Policy posted on our website. The terms of the Privacy Policy are incorporated into these Terms of Use by this reference as though set forth herein.

CALIFORNIA USE. This Site is controlled and operated by Fifth Avenue Realty from its offices in the State of California. Fifth Avenue Realty makes no representation that any of the materials or the services to which you have been give access are available or appropriate for use in other location. Your use of or access to the Site should not be construed as Fifth Avenue Realty purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

GENERAL. This agreement is governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

These Terms of Use and the Privacy Policy posted on this website set forth the entire understanding and agreement between Fifth Avenue Realty and you concerning the Content and Services provided on or through this Site, and supersedes any prior or contemporaneous oral or written agreements or representations (unless expressly set forth in writing).

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. Any rights not expressly granted herein are reserved.