Last updated: 01/10/2023
ACCESS TO WEBSITE
Access to the Website is limited to viewing the linked pages solely for legitimate business purposes and subject to these Terms.
The Website may be accessed from various locations both within and outside the United States of America (“USA”). Access to and use of the Website, including functionality and features and products and services available through the Website, may be inappropriate, prohibited, or restricted in certain jurisdictions outside of the USA. In addition, certain functionality, features, products, and services available through the Website may not be available in jurisdictions outside the USA. FARPOINT makes no representations or warranties that the Website is appropriate or available for use outside of the USA. If You access or use the Website from outside the USA, You do so at Your own risk and are responsible for complying with the laws and regulations of the territory from which You access and use the Website.
SCOPE OF TERMS
INTELLECTUAL PROPERTY RIGHTS
The mark FARPOINT and related trademarks, service marks and logos (collectively, the “Farpoint Acquisitions Trademarks”) are owned by FARPOINT and may be registered in the United States and other countries.
All of the materials contained on the Website are copyrighted, except where explicitly noted otherwise. FARPOINT neither warrants nor represents that use of materials displayed on the Website by You will not infringe rights of third parties not owned by or affiliated with FARPOINT. Use of any materials on the Website is at Your own risk.
USE OF THE WEBSITE
The Website is owned and operated by FARPOINT in conjunction with others pursuant to contractual arrangements. The Website contains content, data, text, graphics, images, audio and video clips, logos, icons, and other materials (collectively, the “Materials”). The Website, the Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by U.S. and international copyright, trademark, and other laws, and You acknowledge that these rights are valid and enforceable. The Materials (and any intellectual property and other rights relating thereto) are and shall remain the property of FARPOINT and its licensors and suppliers.
By using or continuing to use the Website, You represent and warrant that (i) You are at least eighteen (18) years of age; (ii) You are legally entitled to enter into these Terms; (iii) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iv) You are not listed on any U.S. Government list of prohibited or restricted parties.
You may not (i) sell, resell, transfer, assign, copy, distribute, market, sublicense or otherwise commercially exploit the Website or make the Materials available to any third party in any way; (ii) benchmark, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, adapt, process, compile, translate, lend, rent, or reverse engineer the Services with other software or services; (iii) interfere in any manner with the functionality of the Website or use the Website in any way that breaches any code of conduct, policy or other notice applicable to the Website; (iv) copy any ideas, features, workflows, functions or graphics of the Website; (v) use the Website for any commercial transactions that are unrelated to the purposes for which the Website was provided; (vi) modify, alter or create derivative works of the Website in any way or by any means, whether electronic, mechanical, optical or others, other than as expressly permitted in these Terms; (vii) remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Website, whether of FARPOINT or any other third parties; or (viii) otherwise use the Website not in compliance with these Terms.
In addition, You specifically agree not to, in any way, (i) access (or attempt to access) the Website by any unauthorized or automated means other than through an interface that is provided by FARPOINT; (ii) interfere with or disrupt the integrity or damage the performance of the Website or any other computer system or network or circumvent or manipulate the operation or functionality of the Website, including any hosting services provided by third parties to facilitate the use of the Website; (iii) use robots, crawlers and/or similar applications to collect and compile content from the Website for the purposes of competing with FARPOINT or in such ways that might impair or disrupt the Website’s functionality; (iv) impersonate any person or entity, or make any false statement pertaining to Your identity, employment, agency or affiliation with any person or entity, or use any account except Your own; (v) collect or process personal information of the users of the Website; (vi) engage in any illegal activities; (vii) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Website; (viii) interfere with the proper functioning of any system used in connection with the Website, including deliberate attempts to overload a system by mail bombing or flooding techniques or denial of service attacks, or make any other attempt to circumvent FARPOINT security or security measures with respect to the Website; (ix) use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (x) upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (xi) upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; or (xii) upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
FARPOINT authorizes You to access and view the Website in the manner provided by FARPOINT and to download certain Materials at the Website only to the extent necessary for Your limited, personal, non-commercial use, as provided in these Terms or as expressly authorized in writing by FARPOINT or its third-party licensors or suppliers. Except to the extent required by law or as expressly provided in these Terms, You may not modify, reproduce, publicly display, perform, distribute, sell, resell, rent, lease, upload, post, import, retransmit, translate, republish, reverse engineer, create derivative works based on, or otherwise use the Website or any Materials at the Website for any purpose, without the prior written permission of FARPOINT. Any modification of the Materials, or use of the Materials for any other purpose, including use of the Materials on any other website or networked computer environment for any purpose is prohibited. The Materials at the Website are protected by copyright and other laws in both the USA and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part.
When registering for an account on the Website, You may be asked to create a user ID and choose a password. Some areas of the Website may require You to become a registered user of the Website. When and if You register to become a registered user, You agree to provide accurate, current and complete information about yourself as prompted by Our registration form (including Your e-mail address) and maintain and update such information. You represent and warrant that any information You provide in connection with Your use of the Website is and shall remain true, accurate, and complete, and that You shall maintain and update such information regularly. You agree that if any information You provide is false, inaccurate, obsolete or incomplete, We may terminate Your use of the Website. We may refuse to grant You a user ID if, in Our discretion, it belongs to or is being used by another person, violates the intellectual property or other rights of any person, violates these Terms, or is offensive. You are responsible for keeping Your user ID and password secret and confidential and restricting access to that information. You are solely responsible for all activities that occur using Your user ID and password.
FARPOINT does not accept ideas, concepts, or techniques for new services or products through the Website. Any materials, information, suggestions, ideas, inventions, designs, know-how, concepts, techniques, or other communications You transmit or post to the Website or to FARPOINT by any means, including, without limitation, through electronic mail will be considered non-confidential and non-proprietary (“Communications”). FARPOINT will have no obligations with respect to the Communications.
You acknowledge You are responsible for whatever Communications You submit, and that You, not FARPOINT, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. FARPOINT and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, text, images, sounds, and other things embodied therein for any and all commercial or non-commercial purposes without acknowledgement or compensation to You or any other person sending the Communications. You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
REVOCATION OF ACCESS
FARPOINT may, in its sole discretion, and at any time, discontinue the Website or any part thereof, with or without notice, or may prevent Your use of the Website with or without notice to You. You agree that FARPOINT, in its sole discretion, may terminate or suspend Your use of the Website at any time and for any or no reason, in its sole discretion, even if access and use continue to be allowed to others. Further, You agree that FARPOINT shall not be liable to You or any third party for any termination or suspension of Your access to the Website. Upon any such termination or suspension, You must immediately destroy any downloaded or printed Materials.
ACCURACY OF INFORMATION
FARPOINT attempts to verify that information on the Website is complete, accurate, and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness or accuracy of any information on the Website, or whether or not such information is current. FARPOINT expressly disclaims any liability for damages, whether direct, indirect, special, punitive, incidental, exemplary, or consequential, resulting from inaccuracies contained on the Website. Property information provided on the Website is for information purposes only. Although FARPOINT strives to display or depict properties and renderings of properties as accurately as possible, sometimes Your computer and monitor settings can affect what You see when You look at the Website.
Information and content may have been contributed to the Website by various third parties, including, without limitation, third party-service providers. The inclusion of such information and content does not indicate any approval or endorsement thereof, and FARPOINT expressly disclaims any liability with respect to such information and content.
You agree to indemnify and hold FARPOINT, its parent, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to (a) Your violation of these Terms, including any violation of the “Guidelines for Linking to FARPOINT’s Website” section below; (b) any allegation that the Communications You submit through the Website infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other personal or proprietary rights of any third party; or (c) Your activities in connection with the Website.
AVAILABILITY AND INTERNET DELAYS
The availability and functionality of the Website depend on various factors and elements, including software, hardware and communication networks, and are partially provided by third parties. FARPOINT does not warrant or guarantee that the Website or Products or Services offered on the Website will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, available at all times, or immune from unauthorized access. We cannot guarantee the security of Your information transmitted to the Website. Any transmission of personal information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
All content provided on the Sites is for informational purposes only. Any estimates, projections or predictions on these Sites are intended to be forward-looking statements. Although FARPOINT believes that the expectations in such forward-looking statements are reasonable, it can give no assurance that any forward-looking statements will prove to be correct. Such estimates are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. FARPOINT expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained herein to reflect any change in its expectations or any change in circumstances upon which such statement is based. No statements contained on the Sites should be construed as a guarantee or assurance of future performance or future results. FARPOINT’S past performance is not indicative of future results. There are various risks you assume when reviewing the content on the Sites. Dated content speaks only as of the date indicated. We may modify the content on the Sites at any time and without notice to You. We make reasonable efforts to provide accurate content, but at times we may not promptly update or correct the Sites even if we are aware that it is inaccurate, outdated or otherwise inappropriate. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party. You agree that we are not liable for any action you take or decision you make in reliance on any content on the Sites.
The content on the Sites is not intended to be, and you should not consider anything on the Sites to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Sites with your financial, legal or tax advisors and others with whom you share investment decisions.
DISCLAIMER OF WARRANTIES
FARPOINT DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO.
TO THE FULLEST EXTENT ALLOWABLE BY LAW, FARPOINT SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, ACCURACY OR ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FARPOINT OR ANY OF ITS RELATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FARPOINT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (b) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (c) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO, THROUGH, OR IN CONNECTION WITH OUR WEBSITE BY ANY THIRD PARTY; OR (d) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. FARPOINT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR MATERIALS, AS APPLICABLE.
These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply only in these jurisdictions.
FARPOINT has not reviewed all of the sites linked to the Website and is not responsible for the content or privacy policies of any third-party sites. Any links to third-party sites are provided solely for Your convenience. FARPOINT does not endorse or otherwise recommend any third-party sites or the products or services offered. Viewing all other sites is at Your own risk and FARPOINT expressly disclaims any liability stemming from Your use of third-party sites. Links to the Website are or could be operated by third parties other than FARPOINT. You acknowledge that certain information regarding it may be transmitted to said third parties and authorizes said third parties to use such information in the manner reasonably necessary to provide services to FARPOINT or for FARPOINT business purposes. You acknowledge that the transmittal of information does not necessarily occur over secured lines and that certain sites linked to the Website may not be secure. You acknowledge and agree that FARPOINT is not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
GUIDELINES FOR LINKING TO THIS WEBSITE
If You would like to link to the Website, You must comply with the following guidelines. A site that links to the Website:
- must have express written authority from FARPOINT prior to linking of any kind or manner;
- may link to, but not replicate, FARPOINT content;
- shall not create a browser or border environment around, or mirror, any portion of the Website;
- shall not imply that FARPOINT is endorsing it or its products;
- shall not misrepresent its relationship with FARPOINT;
- shall not present false information about FARPOINT products or services;
- shall not use the FARPOINT logo without express written permission from FARPOINT; and
- shall not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups and otherwise complies with these Terms.
If You believe in good faith that Your copyrighted work has been infringed by Materials on the Website and You want FARPOINT to take down or disable the infringing materials, You must provide all the information requested on the below Notification of Claimed Infringement. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C Section 512(c)(3)(A).
FARPOINT requires the following information from you:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works;
- identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Us to locate the material;
- information reasonably sufficient to permit Us to contact You, such as an address, telephone number and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in Your notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices under this “Copyright Infringement” section with respect to the Website should be sent to FARPOINT Development LLC, Attention: email@example.com.
When You visit the Website or send emails to FARPOINT, You are communicating with us electronically. You consent to receive communications from Us electronically. We may communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
NOTICE FOR CALIFORNIA USERS
Under California Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Illinois, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Illinois. To the extent any disputes arising out of these Terms appear in court, they will be resolved exclusively in the state or federal courts located in Chicago, Illinois, and each party consents to such exclusive jurisdiction and agrees not to challenge such venue.
You and FARPOINT agree that any legal disputes or claims arising out of or related to these Terms that cannot be resolved informally shall be submitted to binding arbitration in Illinois, except that You may assert claims in small claims court if Your claims qualify. The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the “Rules”), or as otherwise mutually agreed by You and FARPOINT. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Rules, including instructions for how to initiate arbitration, are available at https://www.adr.org. Claims shall be brought within the time required by applicable law.
You and FARPOINT agree that any claim, action or proceeding arising out of or related to the Terms must be brought in Your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. You understand and agree that by entering into these Terms, You and FARPOINT are each waiving the right to trial by jury or to participate in a class, collective or representative action. The arbitrator will allocate the administrative costs and arbitral fees consistent with the applicable rules of the AAA. Reasonable attorneys’ fees and expenses will be allocated or awarded only to the extent such allocation or award is available under applicable law. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for a court to decide. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of these Terms. Notwithstanding anything to the contrary in the AAA Rules, if any part of this arbitration provision is deemed invalid or ineffective for any reason, this shall not affect the validity or enforceability of the remainder of this arbitration provision, and the arbitrator shall have the authority to amend any provisions deemed invalid or ineffective to make the same valid and enforceable.
By using the Website, You are waiving the right to have a trial by jury to resolve any dispute alleged against FARPOINT; You are waiving the right to have a court, except as otherwise set forth herein, resolve any dispute alleged against FARPOINT; You agree to waive the right to have a court review any decision or award of an arbitrator, whether interim or final, except for appeals based on those grounds for vacatur expressly set forth in Section 10 of the Federal Arbitration Act. You are waiving the right to serve as a representative, as a private attorney general, or in any other representative capacity, to join as a class member, and/or to participate as a member of a class of claimants in any class, mass, consolidated or combined action or arbitration filed against FARPOINT.
FARPOINT may transfer ownerships rights and title in the Website to any affiliated or unaffiliated third party (whether by way of merger, sale of shares, sale of assets, license or otherwise), provided that Your rights according to these Terms are not infringed by the transfer of ownership. In that case, all of Your details and information pertaining to You will be passed on to the person or entity receiving the rights in the Website, and You hereby give Your prior consent thereto.
Any attempt by You to undermine the legitimate operation of the Website may be a violation of criminal and civil law, and, should such an attempt be made, FARPOINT reserves the right to seek damages from You to the fullest extent permitted by law. FARPOINT’s failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.
These Terms constitute the entire agreement between You and FARPOINT regarding the use of the Website. By using the Website, You represent that You are capable of entering into a binding agreement, and that You agree to be bound by these Terms.
ADDITIONAL LEGAL INFORMATION
The information, renderings, pictures, text and images contained herein are prepared only for the guidance of prospective owners, occupants and visitors of FARPOINT.
They are intended to give an overall potential description of the development in its preliminary form. The improvements depicted herein are only proposed. The information, renderings, pictures, text and images used herein do not constitute a warranty or representation or form part of an offer or contract. Any information contained herein (whether in text, photographs or computer- generated images) should not, and may not, be relied upon as being a statement or representation of fact. Nothing in the information, text, pictures or images used herein is or, shall be deemed to be, a statement that properties or renderings of properties will be constructed in any particular manner, will contain any detail including furniture, fixtures and equipment described or pictured in any image, is or will be in good working, condition or otherwise. Further, no information, picture, image or text is or shall be deemed to be a statement that any services or facilities are or will be provided or are or will be in good working order. Any areas, measurements or distances referred to herein are approximate only. Descriptions of a property are inevitably subjective and the descriptions contained herein are used in good faith as an opinion and not by way of statement of fact.
FARPOINT is committed to creating a diverse environment and practices the principles of equal opportunity, inclusion and non-discrimination in all its business activities. We listen and engage with our diverse communities.
FARPOINT is proud to be an equal opportunity employer and is committed to compliance with all fair employment practices. FARPOINT values teamwork with diverse participants. FARPOINT actively seeks contracting opportunities with diverse contractors, vendors, professional consultants, and suppliers including Minority-Owned Business Enterprises (MBE), Woman-Owned Business Enterprises (WBE), Veteran Owned Businesses (VOB) and Service-Disabled Veteran Owned Businesses (SDVOB).
FARPOINT is committed to providing equal and fair housing opportunities without regard to race, color, religion, sex, disability or familiar status.