Terms and Conditions of Use and Privacy Policy

TERMS AND CONDITIONS OF USE

Dated September 29, 2006

  1. Acceptance of Terms.

    Your access to and use of this website (this "Site" or “Website”) is subject on your compliance with the following terms and conditions (the "Terms and Conditions") and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions herein. ADG Capital LLC ("ADG Capital” or “ADG”) may revise these Terms and Conditions at any time by updating this posting. Your continued use of this Site is contingent upon your agreement to be bound by any such revisions. You can view the most current version of the Terms and Conditions at any time by visiting this Web page. Please note that Web sites launched by any affiliates, subsidiaries or divisions of ADG may be governed by separate terms and conditions.

  2. Description of Services.

    The ADG Capital Website provides users with access to a rich collection of information and data about ADG and certain of its associated companies. Users may be able to browse properties, receive information on certain of the divisions of ADG Capital, read feature stories and press releases and access news articles, search the Web site to find content that interests them and read about the history and organizational structure of the company. Users can also submit inquiries via email forms and request to be notified when an item of interest becomes available. In connection therewith, Users will provide information to ADG and/or its employees (including name, telephone number, email address and other optional information) in conjunction with a request for information regarding a property or building project. ADG will keep such information and periodically forward the appropriate information to the user via email or telephone (collectively, the "Services").

  3. Use of Information on this Site.

    ADG authorizes you to copy any portion of this Site, which is not the property of third parties, provided that such use shall be for non-commercial use only by you or any person within your organization. In consideration of this authorization, you agree that any copies of information obtained from this Site shall retain all copyright and proprietary notices contained therein and you agree that all artwork, including graphics and logos, shall not be used separately from accompanying text as depicted in this Site. Any other use of materials contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication without the written permission of ADG is expressly prohibited.

  4. ADG Privacy Policy.

    Any and all personal information posted to this Site is subject to our Privacy Policy. You can review our Privacy Policy below, following Paragraph of these Terms and Conditions.

  5. User Conduct.

    You agree that you will not use this Site to: (a) Interfere with or disrupt the Services or servers or networks connected the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or (b) Intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance.

  6. Links.

    Links to third-party Web sites contained in this Site are intended for informational purposes only. ADG is providing such links to third-party Web sites solely as a convenience to you. ADG has no control over such Web sites, makes no representations about such Web sites and assumes no responsibility for any content or materials on or available from such Web sites.

  7. No Resale of Services.

    You will not duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services.

  8. Modifications to Services.

    ADG reserves the right to modify, suspend or discontinue all or a portion of the Services with or without notice. You agree that ADG shall not be liable to you for any modification, suspension or discontinuance of the Services.

  9. Termination of Services.

    ADG reserves the right to terminate your use of the Services or your access to the Site, for any reason. Any termination pursuant to this provision may be without prior notice and you agree that ADG shall not be liable to you for such termination.

  10. Disclaimer of Warranties.

    1. This site is provided on an "as is" basis. ADG expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing or usage of trade and non-infringement;
    2. The information posted at the Site and in emails generated from the Site is given as of the date hereof and ADG assumes no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur;
    3. ADG Capital makes no warranty that (i) the Site or the Services will meet your requirements, (ii) the Site or the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Site or the Services will be accurate or reliable, (iv) the quality of the information or materials obtained by you through the Site or the Services will meet your expectations, or (v) any errors in the software will be corrected;
    4. Any material downloaded or otherwise obtained through the use of the Site or the Services is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or receipt of any such material;
    5. No advice or information, whether oral or written, obtained by you from ADG, the Site or the Services shall expressly create any warranty not expressly stated in the Terms and Conditions.

  11. Forward Looking Statements.

    Any statements on the Site that are not based on historical fact are forward-looking statements. Although such statements are based on ADG’s current estimates and expectations, and currently available competitive, financial, and economic data, forward-looking statements are inherently uncertain. ADG, therefore, cautions you that there are a variety of factors that could cause business conditions and results to differ materially from what is contained in our forward-looking statements.

  12. Content not to be construed as a solicitation or recommendation:

    All content (whether visual, written or otherwise) on the Site has been prepared for informational purposes only and ADG is not soliciting any action based upon it. Such content 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 interest in real estate or to participate in any particular real estate or other transaction in any jurisdiction in which such a recommendation, offer or solicitation would be illegal.

  13. Limitation of Liability.

    ADG shall not be liable for any direct, indirect, special, reliance, consequential or exemplary damages, including, but not limited to, loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether arising as a contract, negligence or tort action, in connection with the use of, or the inability to use, the Site or the Services.

  14. Governing Law.

    Any dispute arising by virtue of your access to or use of this Site or the Services shall be governed by New York law without giving effect to any rules of conflicts of law, and shall be subject to the exclusive jurisdiction of the Supreme Court of the State of New York, County of New York or, in the event the jurisdictional amount for such Court has not been met, the Civil Court of the City of New York, County of New York.

  15. Trademarks.

    The trademarks, service marks and logos used on this Site are trademarks of ADG and others. No license or right to use any trademark contained on this Site is granted, whether by implication or otherwise, and any use of any trademark contained on this Site is expressly prohibited unless authorized in writing by the trademark holder.

  16. Non-Encryption.

    The Site does not support encryption for the pages on the Site which you may be viewing. Please be advised that information sent over the Internet without encryption can be seen or otherwise intercepted by other people while it is in transit.

  17. Other Web Sites with the term “ADG” in the Web address.

    You are hereby advised that, notwithstanding any similarity in layout, design or content, ADG Capital LLC does not own, maintain or have any ongoing involvement with the website with an address of “adgdevelopment.com” Accordingly you are hereby advised that any statements, information or content on “adgdevelopment.com” have not been reviewed or consented to by ADG and none of such statements, information or content can or should be attributed to ADG.

  18. Contact Information.

    Any questions regarding these Terms and Conditions should be directed to: info@adgcapital.com.

  19. General Information.

    The Terms and Conditions constitute the entire agreement between you and ADG and govern your use of the Site and the Services. The failure of ADG to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the applicable provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect.

PRIVACY POLICY

Dated September 29, 2006

ADG Capital LLC ("ADG Capital" or “ADG”) has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information-gathering and dissemination practices for our Web site at www.adgcapital.com.

IP Address

We reserve the right to use your Internet protocol (IP) address to help diagnose problems with our server, as well as to administer our Web site. Your IP address is used to help identify you and to gather broad demographic information. We also reserve the right to use your IP address to help protect ourselves and our partners and/or affiliates from fraud. For system administration purposes, we reserve the right to log IP server addresses and catalog traffic patterns through our site and our members' sites. However, we do not link this information to users' personal information.

Cookies

ADG may set and access ADG cookies on your computer. You have the option to accept or reject the cookie, and your choice will not affect your ability to access our site, however, the site may not function as intended. Our sites’ cookies are not linked to any personally identifiable information.

Collection and Use of Personal and Demographic Information

We collect personal information when users opt to fill out an e-mail submission form (“contact us” or “priority list”) in order to request information or to contact someone at ADG. The e-mail submission forms require users to provide us with contact information (such as their name, telephone number and e-mail address), and in some cases ask for other optional information (such as contact preferences or residence preferences). We reserve the right to use the contact information from these forms to send the user information about our company, as well as to contact the user when necessary. Users may opt-out of receiving future mailings; see the section entitled "Opt-Out" below.

We also reserve the right to collect demographic and profile data at our site. This data, if collected, will primarily be used to provide users with requested information. It may also be used to compile usage statistics and other data regarding the use of the Web site services. We will not share your personally identifiable information with third parties, outside of the limited circumstances referenced in the paragraph immediately below. We may, however, share with partners and/or affiliates aggregated statistical data that includes users' demographic information but does not identify them. We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties.

We share customer information only with the subsidiaries ADG controls and as described below:

Links

This site contains links to other sites. Please note that when you click on one of these links, you are accessing another website. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours. We are not responsible for the privacy practices or the content of such websites and make no representation regarding the suitability of the content on such websites.

Amendments

ADG may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent announcement on this page.

Opt-Out

In order to opt-out of future e-mails on a given topic, users should reply to the e-mail with UNSUBSCRIBE in the subject line. This will halt future communications for that specific function. To re-subscribe, the user must simply go to the site and resubmit the request form.

Contacting the Website

If you have any questions about this privacy statement, the practices of any of our websites or the information you have submitted to our websites, you can contact us at info@adgcapital.com.