Disclosures

Terms of Use

IMPORTANT! THESE TERMS OF USE (THESE "TERMS OF USE") GOVERN YOUR (THE "USER" OR "YOU") USE OF THE WEBSITE (THE "WEBSITE") PROVIDED BY ATHERTON TRUST-A DELAWARE STATUTORY TRUST (THE "TRUST"). THESE TERMS OF USE ARE SUBJECT TO CHANGE BY THE TRUST AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

1.Scope. Certain portions of the Website are available only to Registered Users who have completed the appropriate registration process and have accepted the Registration Agreement. These Terms of Use are incorporated by reference into the Registration Agreement. These Terms of Use also govern the "public" parts of the Website that are available to users who are not Registered Users.

2. Permitted Use. User has a nonexclusive, nontransferable, limited, revocable right to use the Website solely for User’s personal business, educational, informational, and entertainment use. User will not use the Website for any other purpose, including any commercial purpose, without the Trust’s express prior written consent. For example, User will not and will not authorize any other party to (i) Co-brand the Website or portion thereof, or (ii) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another website). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website. User agrees to cooperate with the Trust in causing any unauthorized Co-branding, framing or linking to immediately cease.

Operators of other websites may not maintain links to this Website without the Trust’s prior written consent. The Trust reserves the right to prohibit other websites from linking to this Website.

3. Confidentiality. The data in this website is copyrighted and contains trade secrets and confidential information or proprietary information of Atherton Trust, the disclosure of which would provide a competitive advantage to others. As a result, information you access following registration shall not be disclosed, used or duplicated-in whole or in part- for any purpose other than to evaluate Atherton Trust. User agrees to pay all attorney’s fees if found by a court of law to have disclosed data contained in this website. The data subject to this restriction are contained in the entire website.

Whether you have signed a non-disclosure agreement or not, if you accept these terms of use you agree to be bound by the terms and conditions described on this page as relate to confidentiality, trade secrets and copyrights. If a contract is awarded to Atherton Trust as a result, of or in connection with, the submission of this document, any right to duplicate, use, or disclose the data will be to the extent provided in the resulting agreement. This restriction does not limit the rights of the recipient to use information contained in the data if it is rightfully obtained from another source without restriction.

4. Proprietary Information. User acknowledges and agrees that the content accessible within the Website (the "Content") is the proprietary information of the Trust, its partners and its content providers, and the Trust, its partners and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Trust, its partners or the applicable content provider except that User may print out a copy of Content solely for User’s personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

5. Disclaimer. User will have access to a variety of sources of content through the Internet. The Trust has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Trust will have no liability or responsibility whatsoever for any content contained within any such sources. User acknowledges and agrees that User accesses, uses and relies upon such content at User’s own risk. USER UNDERSTANDS FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE. USER AGREES NOT TO PLACE ANY OFFENSIVE OR SEXUALLY ORIENTED MATERIALS OR INFORMATION ON THIS SITE. USER ACCESSES SUCH MATERIALS AT USER’S OWN RISK. THE TRUST HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

User understands that, except for information, products or services clearly identified as being supplied by the Trust, the Trust does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that the Trust cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Trust does not assume any responsibility or risk for User’s use of the Internet.

The Content is presented in a variety of forms and is intended to supplement information or reports provided by the Trust to Registered Users pursuant to other agreements and obligations to which the Trust is subject. The Content is not necessarily complete and should not be used to replace the Trust’s written reports, statements and notices. Investors, borrowers and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using the Website is not exhaustive and does not cover all issues, topics or facts that may be relevant to the participation in any particular transaction.

THE TRUST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY CONTENT ACCESSIBLE WITHIN OR THROUGH THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

6. Limitation on Liability. THE TRUST, ITS PARTNERS,LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, TRUSTEE(S), EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF THE TRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE TRUST AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, TRUSTEE(S), EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT USER HAS PAID TO THE TRUST FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

7. Indemnity. User will indemnify and hold the Trust, its trustee(s), partners, licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by User, including any use of Content other than as expressly authorized in these Terms of Use. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User’s use of the information accessed from the Website.

8. Conferences. Information posted on conferences, bulletin boards, posting boards, or similar portions of the Website ("Conferences") is supplied by third parties and other Users unless the Trust or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other User are those of the respective authors and not of the Trust. User will not post any of the following material in any Conference:

  • material that threatens or abuses others, or which is defamatory or libelous, or which is invasive of another’s privacy;
  • material for which User does not have the right to post, including the proprietary material of any third party;
  • material that advocates illegal activity or discusses an intent to commit an illegal act;
  • material for advertising or commercial solicitation;
  • material that is vulgar, obscene, pornographic, or indecent; or
  • material that does not pertain directly to the subject matter of the particular conference.

The Trust reserves the right to monitor Conferences to determine compliance with these Terms of Use, as well as the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. The Trust may block or deny access to the website or Conferences by any user if user is found to have violated the Terms of Use or Privacy Agreements of this website. Notwithstanding these rights, User remains solely responsible for the content of its postings. User acknowledges and agrees that neither the Trust nor any third party content provider will assume or have any liability for any action or inaction by the Trust or any third party content provider with respect to any posting on the Conferences. User will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Trust, in its sole discretion, deems offensive.

Further, User hereby grants to the Trust the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in Conferences (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.

9. Miscellaneous.

a. Headings The headings of Sections of these Terms of Use are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof.

b. Severability. If any Section or provision of these Terms of Use be held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision of these Terms of Use shall be deemed severed from these Terms of Use and the validity of the remainder of these Terms of Use shall not be affected thereby.

c. Governing Law .These Terms of Use shall be governed by and construed in accordance with the laws of Delaware applicable to contracts made and to be enforced wholly within such state.

d. Submission to Jurisdiction User specifically consents to personal jurisdiction in Delaware in connection with any dispute between the parties arising out of this Agreement or pertaining to the subject matter hereof.

e. Venue The parties to these Terms of Use each agree that venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter hereof may be had in the governing County Courts of Delaware or in the State Courts of Delaware sitting in Dover Delaware.

f. Arbitration Any dispute or disagreement arising between the parties under these Terms of Use or pertaining to the subject matter hereof shall be resolved by binding arbitration under the Commercial Rules of the American Arbitration Association ("AAA"). Such arbitration shall be held in Foster City, California before an arbitral panel selected according to the rules of the AAA.

g. Waivers and Amendments The waiver by either party of any provision of these Terms of Use on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Agreement on any other occasion or upon any other circumstances. This Agreement may be waived or amended only in a writing signed by both parties.

Privacy Policy

Your Privacy

Your privacy is very important to Atherton Trust – A Delaware Statutory Trust (the "Trust"). We are committed to safeguarding the information you entrust to us. This Privacy Policy describes how we collect information through the Trust’s Website, how we use that information, and to whom and under what conditions we may disclose that information. This Privacy Policy does not apply to information that the Trust may collect through mechanisms or processes other than the Trust’s Website.

Children Under 17

The Trust’s Website is intended for the use of commercial borrowers, commercial investors and related parties in connection with commercial real estate transactions and services. Children under the age of 17 may not provide personally identifiable information to the Trust’s Website under any circumstances.

The Information We Collect


Non-Registrants

"Non-Registrants" are users of the Trust’s Website who have not completed a Registration Agreement. This Website may collect from a Non-Registrant his or her name and other personally identifiable information only if the Non-Registrant supplies that information through one of the interactive functions on the Website (such as through participating in one of the “Conference” bulletin boards, for example). This Website will not collect any other information from a Non-Registrant.

Registrants

"Registrants" are those users who have completed, and remain subject to, an active Registration Agreement. As the Registration Agreement describes, we will collect from each Registrant certain identifying information more particularly described on the Website during the registration process (the "Registrant Address Information"). This Website may also collect from Registrants information concerning their usage of this Website, including the number of times this Website is visited, the pages on this Website that a Registrant visits, the reports generated by a Registrant, address, telephone numbers, credit card and other similar information (the "Registrant Usage Information").

How We Use This Information


Non-Registrants - Personally Identifiable Information

We will use the personally identifiable information collected from Non-Registrants only for our administration of the interactive functions of the Trust Website.

Registrants - Personally Identifiable Information

We will use the Registrant Address and Credit Card Information to provide the Registrant with the services described in the Registration Agreement and to make certain interactive functions of the Website easier. We may disclose Registrant Address Information to third parties only for the purposes described in the Registration Agreement. We will use the Registrant Usage Information for the Trust’s internal business purposes. We may also disclose Registrant Address Information and Registrant Usage Information to companies that are in control of, controlled by, or under common control with the Trust ("Affiliates"). The Trust’s Affiliates may use such information for their internal business purposes, including for notifying you of products and services that may be of use to you, but the Trust’s Affiliates will not disclose such information to any third party.

All Users - Non-Personally-Identifiable Information

We will use the non-personally-identifiable information we collect from all Users to count and record the traffic the Website receives and to communicate with third parties and the public regarding the number of Users who visit the Website.

Who May Have Access to This Information

We may disclose Registrant Address Information to persons who wish to contact Registrants for commercial purposes, but not for solicitation. You may opt-out of such communications by sending an e-mail with the word "Opt-Out" in the "subject" box to client.services at athertontrust.com and identifying the specific source of the information you do not want to receive/ We will not disclose Registrant Usage Information to any third party without the Registrant’s express authorization. We may disclose information collected from Non-Registrants to advertisers or to parties who are evaluating our service and other services, but all such disclosures will be done in a way that does not identify any particular Non-Registrant personally. (For example, we may disclose that some number of our users often visit a particular website, but we will not identify any of those particular users personally).

How We Use Cookies

At times, the Trust may use "cookies" to tailor our services for Users. A cookie is a piece of software that a web server can store on your PC and retrieve later. The cookies assist us in delivering content specific to the User’s interests. All of our cookies expire at the end of a User’s session; none of our cookies are recorded permanently in a User’s PC.

You May Correct Your Data

Registrants may review and edit their Registrant Address Information. To do so, a Registrant must contact our Customer Service Department by e-mail to client.services at athertontrust.com or by telephone at 650-341-4480.

Links to Other Websites

Our website contains links to other websites. We are not responsible for the privacy policies, other practices or contents of those other websites.

Public Forums and Bulletin Boards

Our service makes it possible for Users to visit various chat rooms and bulletin boards, including chat rooms and bulletin boards sponsored on our service. Any messages or statements you may make in any such chat rooms or on bulletin boards (Conferences) are public communications. Do not disclose any information in such areas that you wish to keep confidential.

Questions?

If you have questions about this Privacy Policy, the practices of this site, would like to obtain access to your information, or have your information removed from this database, you may contact us by email at client.services at athertontrust.com or write to us at:

Atherton Trust
303 Twin Dolphin Drive, 6th Floor
Redwood Shores, CA 94065 USA