Your access and use of this site signifies that you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should immediately cease use of the site and cease use of all information and materials you obtained through the site. Please read the following agreement carefully. "You" refers to the company or legal entity that accesses and uses the site, and any officers, directors, partners, personnel, employees, agents or contractors that use the site through that company or legal entity, whether or not such use is authorized. "ACM," "us" or "we" refer to Avanath Capital Management, L.L.C., its affiliates, successors and assigns.
This agreement applies to all services, programs, information and products that you use or otherwise access from time to time provided by ACM through this site (collectively, the "Services"). You agree that you will use the Services solely for your benefit and your internal business purposes, and you will not use the Services for the benefit of any third party, including any of your affiliates.
OWNERSHIP OF SITE AND TRADEMARKS
ACM owns and maintains this site. The trademarks, logos and service marks displayed at this site are registered trademarks of ACM and others. You acknowledge and agree that ACM or its affiliates exclusively owns or has been licensed by third parties to use all right, title and interest in the Services and the information, data, databases, images, sound recordings, audio and visual clips and other content provided by ACM through the Services (individually and collectively, the "Content"). Nothing at this site shall be construed as granting, by implication, estoppel or otherwise, any right, title or interest in or to the Services, or any image, trademark, logo, service mark or any Content at the site. No act of downloading or otherwise copying from this site will transfer title to any software or material at this site to you. Anything that you transmit to this site becomes the property of ACM, may be used by ACM for any lawful purpose, and is further subject to disclosure as deemed appropriate by ACM, including to any legal or regulatory authority to which ACM is subject. ACM reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law.
Internal distribution of Content should be limited to those within your organization who are aware of the obligations imposed by this agreement. You shall use the Service and Content solely for your own internal use, and not for the benefit of any third party. In no event shall you display, circulate, publish, retransmit, redistribute, reproduce or sell all or any part of Content outside of your business organization by any means or medium now or hereafter created. If you are required by a court of law or other judicial process to disclose any Content, you may do so and you agree to notify us of the disclosure.
Under no circumstances should any Content be used or considered as an offer to sell or a solicitation of any offer to buy the securities or any other instruments of ACM or any other issuer. Offers can only be made where lawful under applicable law. If you wish to obtain further details about any information provided through the Services, there are several areas on the site that will provide you with contact information.
The materials at this site are provided "as is" without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, including but not limited to the implied warranties of merchantability or fitness for a particular purpose or non-infringement. ACM further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. ACM shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer or other property on account of your accessing or use of this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
You acknowledge that neither ACM and its affiliated companies nor their officers, directors, employees, agents, contractors or other suppliers makes any warranties or guaranties with respect to the Services and Content, including without limitation, warranties regarding the accuracy or completeness of any Content, or warranties of merchantability or fitness for a particular purpose. ACM and such persons shall not be liable to you for any loss, cost, damage or other injury, whether in contract, tort, negligence or otherwise, arising out of or caused in whole or in part by (I) your use or reliance on the Services or Content, or (II) ACM's performance of its obligations under or in connection with this agreement. ACM does not represent, warrant or guarantee that the service or content will be free from errors or will be available. In no event will ACM and its affiliated companies or their officers, directors, employees, agents, contractors or other suppliers be liable to you or any third party for any punitive, consequential, special or similar damages even if advised of the possibility of such damage. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of ACM, its affiliates and their officers, directors, employees, agents, contractors or other suppliers shall be limited in accordance with this agreement to the extent permitted by law.
ACM, its affiliates and their officers, directors, employees, agents, contractors or other suppliers shall not be liable for any loss, cost or damage due to causes beyond their reasonable control. In addition, neither ACM nor any of the foregoing persons and entities will have any liability whatsoever for consequential damages. You understand that ACM accepts no responsibility for reasonable security of information on the Internet.
Without limiting any of the foregoing, if ACM, its affiliates or any of their officers, directors, employees, agents, contractors or other suppliers is found liable to you for any claims or matters arising under or in connection with the Services, the Content or this agreement, ACM and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed $10,000.
Upon request by ACM, you agree to defend, indemnify and hold harmless ACM, its officers, directors, employees, agents, contractors or other suppliers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this agreement by you, your agents, contractors and affiliates, or from third party claims arising from your use of the Service or Content. ACM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Notwithstanding the foregoing, you are not required to indemnify ACM for its own violations of applicable laws.
CHANGES TO AND TERMINATION OF AGREEMENT
If you have not registered to use this site, then the most current form of this agreement posted at this site applies each time you access the site. You should review the agreement each time you access the site. ACM may make changes to this agreement at any time. Your continued use of the site indicates your continued agreement to be bound by this agreement, as changed from time to time. ACM may terminate this agreement, in whole or with respect to a Service, with or without cause, at any time immediately upon notice posted at the site.
If you have registered to use one of the areas of the site that requires an access Code, then this agreement remains in effect until terminated by you or ACM. You may terminate this agreement upon our receipt of your notice via e-mail or other written notice to email@example.com or ACM, L.L.C., 2211 Michelson, Suite 830, Irvine, California 92612.
This agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of California, without giving effect to the principles of conflicts of law.
ACM has not reviewed any of the sites linked to this site, and is not responsible for the content of off-site pages or any other site linked or linking to the site. Your linking to any off-site pages or other sites is at your own risk.
NOTICE TO FUND V INVESTORS
You are being granted access to information contained on this site that relates to an investment in Avanath Affordable Housing I, LLC ("AAH I"). Your access, review and use of any of the documents or information relating to the AAH I (including, but not limited to the private placement memorandum and any documents and materials that are later provided on this site (the "AAH I Information") signifies that you agree to be bound by the following terms and conditions: You hereby agree that all of the AAH I Information is considered confidential and shall be subject to Section 8.6 of the Amended and Restated Limited Liability Company Agreement of Avanath Affordable Housing I, LLC (the "AAH I LLC Agreement"). In addition to your obligations as set forth in the AAH I LLC Agreement, you agree that you will maintain the AAH I Information in confidence, will not make use of the AAH I Information other than as contemplated under the terms of the AAH I LLC Agreement and will not disclose any of the AAH I Information to others except to your officers, directors, employees, advisors or representatives (collectively, "Representatives") with a need to know the AAH I Information contained therein; provided, that such Representative has been directed to comply with these confidentiality and limited use restrictions. You hereby agree to be responsible for any breach of these confidentiality and limited use restrictions by any of your Representatives.