Welcome to the Heartland Income Properties, LLC (the”Company” or “HIP”), corporate website (the “Site”). This Site is intended to provide you with information about our company and subsidiary companies, including press releases, investor information, and more.
All materials on this Site, including, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the “Content”), are intended solely for personal, non-commercial use. As a User of the Site, you may access, view, download, print or copy the Content and other materials displayed on the Site for your personal, non-commercial use only. The User agrees that it shall not:
Modify, download, reproduce, copy, or resell the Site, the Content or any portion or derivative thereof;
Commercially use the Site, the Content or any portion derivative thereof; Enable high volume, automated, electronic processes that apply to the Site or its systems, the Content or any portion or derivative thereof;
Use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Site or its systems, the Content or any portion or derivative thereof for any purpose;
Interfere or attempt to interfere with the proper working of the Site;
Bypass any Company measures used to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HIP;
Use the Heartland Income Properties, LLC name, trademarks, services marks or logos in any meta tags or any other “hidden text” or Compile, repackage, disseminate or otherwise use data extracted from the Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require the Company’s express written consent (which may include a written agreement signed by an authorized Company representative). Any unauthorized use of the Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by the Company.
Heartland Income Properties, LLC or its subsidiaries, or affiliates, or third parties from whom HIP has permission, own the trademarks or service marks that are used on the Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of the Company and its licensors may not be used without prior written consent of the Company or its licensor, as the case may be. Without limiting the foregoing, no HIP trademark or trade dress may be used in connection with any product or service that is not HIP’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Heartland Income Properties, LLC.
III. TERMINATION OF USAGE
Heartland Income Properties, LLC may suspend or terminate any User’s access to all or any part of the Site without notice for any reason in the Company’s sole discretion, including without limitation the Company’s belief that such access would violate any applicable law or would be harmful to the interests of the Company or another User.
You agree to defend, indemnify and hold harmless Heartland Income Properties, LLC and its subsidiaries and affiliates and their respective employees, directors, officers, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
THE SITE IS PROVIDED BY HEARTLAND INCOME PROPERTIES, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HEARTLAND INCOME PROPERTIES, LLC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, HEARTLAND INCOME PROPERTIES, LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HEARTLAND INCOME PROPERTIES, LLC DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF HEARTLAND INCOME PROPERTIES, LLC UNDER NO CIRCUMSTANCES SHALL HEARTLAND INCOME PROPERTIES, LLC , ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO HEARTLAND INCOME PROPERTIES, LLC’S RECORDS, PROGRAMS, OR SERVICES.
NEITHER THE COMPANY NOR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION ARISING FROM THE USE OF THE SITE EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
VII. SEVERABILITY; WAIVER