Terms and Conditions
This website at www.dlpcapital.com (the “Website”) is made available to you by DLP Real Estate Capital Inc. (“DLP”). Please read these terms and conditions (the “Terms of Use”) carefully before accessing, viewing or using the Website. By accessing, viewing or using the Website, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Website. DLP may modify the Terms of Use from time to time, in the sole discretion of DLP. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.
The Terms of Use do not alter the terms and conditions of any agreement you may have with DLP or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and DLP, the Terms of Use are the entire agreement between you and DLP and supersede all prior or contemporaneous negotiations, discussions or agreements between you and DLP about this Website.
If you have any questions about the Terms of Use, please contact us at compliance@dlpcapital.com.
Use of Copyrighted Materials / Trademarks
Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials (i) owned by DLP (collectively, the “Materials”) or (ii) provided by third party licensors and suppliers to DLP (collectively, the “Third Party Content”). All rights not expressly granted in and to the Website, the Materials and the Third-Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information and other restrictions in connection with the Website, including without limitation any Materials and Third-Party Content therein.
The Materials contain trademarks, service marks and trade names which are owned by DLP and its affiliates. Except as otherwise noted on the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:
- Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
- DLP reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from DLP.
The Third-Party Content may also contain brand and product names which are trademarks, service marks or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the Third-Party Content, you agree only to display the Third-Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content. You acknowledge and agree that the Third-Party Content does not reflect the views of DLP and that DLP is not responsible for any views, ideas, positions, materials and the like contained in any Third Party Content. Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of DLP, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and Third Party Content on the Website are expressly reserved to DLP, its affiliates, and/or any third party, as applicable. Without limiting the generality of the foregoing, unless you have the express prior written consent of DLP or written permission from a third party with respect to such party’s Third Party Content, you may not (i) distribute the Website, or any portion thereof or content (including without limitation Materials and Third Party Content) of any kind included therein, in any medium, (ii) modify the Website, or any portion thereof, (iii) access the Materials and Third Party Content through any technology or means other than those provided on the Website itself, (iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the Website (including without limitation Materials and Third Party Content) for any other purpose whatsoever without the prior written consent of the respective owners.
HYPERLINKS TO THIS SITE
You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link is to the entry or home page of this Website and does not portray DLP or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by DLP at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any DLP trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of DLP in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing a DLP or DLP affiliate name, trademark, or product name without express written consent from DLP in each instance.
LINKS TO THIRD PARTY WEBSITES
The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by DLP. If you use these links, you may leave the Website. DLP has not reviewed any of these third-party sites and does not control and is not responsible for any of these sites or their content. DLP does not endorse any opinion, recommendation or advice expressed therein or make any representations about third party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and DLP expressly disclaims any and all liability in connection with such third party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against DLP in connection therewith. You further understand and acknowledge if you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk.
NONINTERFERENCE
You shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third-Party Content or enforce limitations on use of the Website or any such content therein.
Regulatory Disclaimers
All information contained on this website, including any transaction described therein, is for informational and/or illustrative purposes only. Statements contained on this website that are not historical facts are based on current views, forward-looking expectations, estimates, projections, opinions and/or beliefs of the DLP team. Such statements involve risks, uncertainties and other factors. You should not rely on these statements as if they were facts.
The investments and strategies discussed throughout the website may not be suitable for all investors and are not obligations of or guaranteed by DLP or any of its affiliates. Nothing on this website is to be construed as a solicitation to offer investment advice or services. Information about investing in DLP funds is only available in the form of private placement memoranda and other offering documents. These documents contain information to help investors evaluate DLP funds’ investment objectives, risks, fees and expenses, among other factors, before considering an investment. By using this website, you agree that DLP is not liable for any action you take or decision you make in reliance on any website content.
Past performance is not necessarily indicative, nor a guarantee, of future results and no representation is made that any fund will or is likely to achieve results that are similar to those of DLP’s or its principals’ current or previous investments. Prior investments may have been made under different market, economic or other conditions than those in which future investments and/or strategies will be pursued, and as a result may not be replicated. Investors may lose part or all of their investment capital or face various other risks as described in the applicable offering documents.
ESG Claims
Neither DLP nor the funds it manages are considered to be ESG-focused. Notwithstanding the foregoing, as determined appropriate and in its sole discretion, DLP takes certain ESG-considerations into account in the selection, management and investment decisions related to portfolio investments; however, the type of considerations and the weight given to such considerations may vary from investment to investment and remains subject to DLP’s discretion, fund investment objectives/constraints and any underlying fiduciary duties. Any discussion of ESG issues or results contained on this website is subject to the foregoing limitations.
DISCLAIMER OF WARRANTIES
Except as may be expressly set forth otherwise in a written agreement between you and DLP or a DLP affiliate, DLP has no special relationship with or fiduciary duty to you. ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD-PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DLP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS AND/OR THIRD PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF DLP’S SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the extent DLP is managing a property where you are renting, you must rely solely on your own investigation and conclusions regarding such home, including without limitation conclusions involving construction, engineering, and financial matters. Information on the Website should not be relied upon for accuracy, timeliness and completeness and projections, forecasts and estimates on the Website are not guarantees or current or future performance.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DLP BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT APPEARING ON THE WEBSITE. IN NO EVENT WILL DLP BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER DLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF DLP FOR DAMAGES UNDER THE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
PRESS RELEASES
The information contained within press releases issued by DLP and its affiliates should not be deemed accurate or current except as of the date the release was posted. DLP and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.
COPYRIGHT INFRINGEMENT POLICY
DLP does not knowingly permit copyright infringing activities on the Website. If a person is a copyright owner or an agent of the owner and believes that any content posted on the Website infringes upon another’s copyrights, such person may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the DLP copyright agent indicated below with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): 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 at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit DLP to locate the material;
Information reasonably sufficient to permit DLP to contact the reporting person, such as an address, telephone number, and, if available, an electronic mail;
A statement that the reporting person has 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 the notification is accurate, and under penalty of perjury, that the reporting person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated DLP copyright agent (“Copyright Agent”) to receive such notifications of claimed infringement is: 405 Golfway W Dr. St. Augustine, Fl 32095 attn: Legal Department. We will review and address notices that comply with the above requirements. We recommend that you consult your legal advisor before filing such a notice or any counter-notice under the DMCA.
Please be advised that notices under the DMCA should go to our Copyright Agent; but any other feedback, comments, requests for technical support, and other communications in connection with the Website should be directed to DLP customer service through compliance@dlpcapital.com.
INDEMNITY
You agree to defend, indemnify and hold harmless DLP and its affiliates, officers, directors, owners, operators, employees, licensors and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from, related to or in connection with: (i) your use of and access to the Website, including without limitation any Materials contained herein; (ii) your violation of any of these Terms of Use; and/or (iii) your violation of any third party right, including without limitation any Third Party Content or any other third party copyright, property, or privacy right in connection with your use of or access to the Website.
User Conduct
You agree to use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:
- Use the Website in any way that violates applicable federal, state, local, or international law or regulation;
- Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website;
- Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available;
- Use any robot, spider, or other automatic device or manual process to monitor, copy, or scrape content from the Website without our prior written consent;
- Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- Impersonate or attempt to impersonate DLP Capital, its employees, other users, or any other person or entity.
DLP Capital reserves the right to take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
Privacy Policy
Your use of the Website is also subject to our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and sharing of your personal information. By using the Website, you acknowledge that you have read and understood our Privacy Policy.
Readability and Accessibility
We strive to make our Website and these Terms of Use accessible to all users. If you have difficulty understanding any part of this document or accessing the Website, please contact us at compliance@dlpcapital.com so we can provide the information or assistance you need in an accessible format.
GENERAL PROVISIONS
Enforcement of the Terms of Use will be governed by Florida law, without regard to conflict of laws principles. The parties knowingly, voluntarily, and intentionally waive, to the fullest extent permitted by law, any right to a trial by jury for any dispute arising under or relating to this Agreement or the services provided hereunder. It is also agreed by the parties that any controversy, claim, or breach arising out of or relating to this Agreement, or the services provided hereunder, shall be settled by binding arbitration, held in St. Johns County, Florida, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any resulting judgment may be entered and enforced in any court of competent jurisdiction.
In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.
CONTACT US
If you have any questions regarding the Website, please contact DLP by sending an email to compliance@dlpcapital.com.
