Effective as of September 30, 2013
Knighthead Funding, LLC (“Knighthead Funding”) provides, through use of its Web site, www.knightheadfunding.com (the “Site”), information regarding Knighthead Funding’s real estate loan sourcing, origination and servicing business. This Site is operated by Knighthead Funding and is being provided to any user that may access or use the Site (“User”) under the following terms and conditions and any operating rules, policies, and procedures that may be published from time to time on this Site (collectively, the “Terms”).
The Site is intended solely for use by customers and potential customers of Knighthead Funding and its real estate loan sourcing, origination and servicing business. This Site is not intended for use by an investor or any individual or entity interested in doing business with Knighthead Capital Management, LLC or any of its affiliates (other than Knighthead Funding) and no such individual or entity shall use this Site for any reason or rely upon on any information made available on this Site. If you are an investor or any individual or entity interested in doing business with Knighthead Capital Management, LLC or any of its affiliates, please visit http://knighthead.com/.
PERSONAL AND NON-COMMERCIAL USE
The Site is for your personal and non-commercial use. Knighthead Funding hereby grants you a non-exclusive, non-transferable and limited personal license to access and use the Site, conditioned on your continued compliance with these Terms. You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site. You may not link other websites to the Site without Knighthead Funding’s prior written permission. You may print one hard copy of the information and download one temporary copy of the information into one single computer’s memory solely for your own personal, non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact.
You are prohibited from using the Site to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of Knighthead Funding. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures that we may use to prevent or restrict access to the Site. You shall not, directly or indirectly, reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site. Any special rules for the use of certain software and other content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference. Any rights not expressly granted herein are reserved.
Unauthorized access to and/or use of the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of these Terms and is a violation of law.
OWNERSHIP OF CONTENT
The Site and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of Knighthead Funding and/or its affiliates and are protected by U.S. and international copyright and other intellectual property and related laws, rules and regulations, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Site are proprietary to Knighthead Funding, including all registered and unregistered trademarks and service marks of Knighthead Funding. If the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of Knighthead Funding or such third party that may own the trademarks displayed on this Site. You may not use the trademarks displayed on the Site. Your use of any Content, whether owned by Knighthead Funding or any of its affiliates or any third party, without Knighthead Funding’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms. Without limiting the foregoing, you are prohibited from using any of Knighthead Funding’s or any of its affiliates’ copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of Knighthead Funding.
Neither Knighthead Funding nor any of its affiliates permit any infringing copyright activities and other infringement of intellectual property rights on its site, and Knighthead Funding will remove Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content made available on the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) 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 the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an electronic mail address; (e) 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 (f) a statement that the information in the 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. Please contact Knighthead Funding’s designated Copyright Agent, the General Counsel at firstname.lastname@example.org to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Knighthead Funding’s customer service through the Contact area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
NO UNLAWFUL OR PROHIBITED USE
As a condition to your use of the Site, you represent and warrant to, and agree with, Knighthead Funding that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
DISCLAIMERS AND LIMITATION OF LIABILITY
Any information regarding products and programs of Knighthead Funding are provided only for general informational purposes and do not constitute (i) an offer to sell or a solicitation of an offer to buy any Knighthead Funding products or programs, or (ii) a representation that any Knighthead Funding products or programs are suitable for you. Each situation is evaluated individually by Knighthead Funding, subject to its due diligence. Not all products, services, programs and/or loans are available in all jurisdictions. Knighthead Funding assumes no responsibility for any errors or omissions herein. The material available on the Site has been prepared from original sources and data believed to be reliable. However no representations are made as to the accuracy or completeness thereof, and it is subject to change without notice.
THE USE OF THE SITE IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. KNIGHTHEAD FUNDING AND/OR ITS THIRD PARTY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS. KNIGHTHEAD FUNDING AND/OR ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE USE OF THIS SITE FOR ANY PURPOSE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. KNIGHTHEAD FUNDING AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITE. IN NO EVENT SHALL KNIGHTHEAD FUNDING AND/OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF KNIGHTHEAD FUNDING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
KNIGHTHEAD FUNDING AND ANY PERSON CREATING, MAKING AVAILABLE OR TRANSMITTING THE INFORMATION ON THE SITE SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH INFORMATION. IF YOU ARE DISSATISFIED WITH THE INFORMATION, PRODUCTS OR SERVICES OFFERED AT THE SITE OR WITH THE TERMS AND CONDITIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE SITE.
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company on the Site are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of Knighthead Funding or any of its affiliates or that Knighthead Funding or any of its affiliates endorse, recommend or approve the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of Knighthead Funding or any of its affiliates.
LINKS TO THIRD PARTY WEBSITES
The Site may contain hyperlinks to websites operated by parties other than Knighthead Funding or any of its affiliates, which may not have been screened or reviewed and which may contain inaccurate, inappropriate or offensive material, products or services. Neither Knighthead Funding nor its affiliates control such websites, and neither Knighthead Funding nor its affiliates assume any responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. Knighthead Funding’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
MODIFICATION AND MONITORING OF SITE
You will be required to accept these Terms each time that you use the Site. Knighthead Funding may, at its discretion, change, modify, add or remove portions of these Terms at any time without notice to you. We suggest that you check these Terms periodically for changes. These Terms can be accessed from the link at the bottom of each page. If you use the Site after we post changes to these Terms, you accept the changed Terms. Knighthead Funding expressly reserves the right to monitor any and all use of the Site.
Knighthead Funding has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason. Knighthead Funding may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
TERMINATION AND CANCELLATION
Knighthead Funding may modify or terminate the Site and terminate your access to the Site, without notice at any time and for any reason.
APPLICABLE LAW AND JURISDICTION
Unless otherwise specified, Knighthead Funding controls and operates the Site from its offices within the United States of America. Knighthead Funding does not claim that materials in the Site are appropriate or available for use in locations other than those within the United States. If you choose to access the Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Any data included on the Site is further subject to United States export controls. Data from the Site may not be downloaded or otherwise exported or reexported outside the United States. By downloading or using such data, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.
These Terms are governed by the laws of the State of New York, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of the State and Federal courts in the borough of Manhattan in the city of New York, New York, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms, the use of the Site or any product or service related thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Knighthead Funding as a result of these Terms or use of the Site.
Knighthead Funding’s performance of these Terms is subject to existing laws and legal process, and nothing in these Terms is in derogation of Knighthead Funding’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Knighthead Funding with respect to such use.
If any part of these Terms 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 shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
By reviewing or using the information on the Site after accessing the Site, you represent and warrant that (a) you have the authority to enter into these Terms and create a binding contractual obligation, (b) you understand and intend these Terms to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the information on the Site in a manner consistent with applicable laws and regulations and in accordance with these Terms, as Knighthead Funding may amend them online or otherwise from time to time. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms constitute the entire agreement between you and Knighthead Funding and its affiliates with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Knighthead Funding or any of its affiliates with respect to the Site. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth.
You shall not assign or otherwise transfer these Terms, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without Knighthead Funding’s prior written consent. Any attempted transfer or delegation by you without Knighthead Funding’s consent will be void. These Terms will bind and inure to the benefit of each party’s successors and permitted assigns.
You agree to be bound by any agreement or consent you transmit to or through the Site via any media or electronic device, including internet, telephone and wireless devices
Knighthead Funding, LLC
33 Benedict Place
Greenwich, CT 06830