Terms

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Terms

Effective: September 2008

The www.blockllc.com web site and any derivative or affiliated web sites on which these Terms of Use ("Terms of Use") are posted (collectively, the "Web Site") are owned and operated by Block Real Estate Services, LLC and/or its affiliates ("BRES"). BRES has adopted these Terms of Use to make you aware of the terms and conditions of your use of the Web Site. If you do not agree to these Terms of Use please do not use the Web Site. BRES reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. Please check these Terms of Use periodically for changes. The continued use of the Web Site following the posting of changes to these terms will mean you accept those changes.

General Terms of Use and Restrictions on Use of Materials

If you do not comply with the Terms of Use at any time, BRES reserves the right to limit your access to the Web Site. You are solely responsible for any equipment, hardware, software or Internet service necessary to view or otherwise use the Web Site. BRES may discontinue or alter any aspect of the Web Site, including, but not limited to, (i) restricting the time the Web Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Web Site, at BRES' sole discretion and without prior notice or liability. You acknowledge that the Web Site may contain information, software, photos, video, text, graphics, music, sounds or other material provided by BRES or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. If you own the right to any Content featured on the Web Site and you would like us to credit you on the same web page (by name and/or link to your web site if applicable), please contact us at information@blockllc.com and we will act promptly and accordingly.

Trademarks

BRES possesses rights in the United States and elsewhere in its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with the Web Site. No use of any BRES trademark, service mark, trade name, design, logo or other trade dress may be made without the prior, written authorization of BRES. Except as permitted by these Terms of Use, nothing contained in the Web Site should be construed as granting, by implication, estoppel, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of BRES. Third party trademarks, product and service names mentioned in the Web Site that are not owned by BRES are trademarks or service marks of their respective owners.

BRES's Privacy Policy

BRES collects, stores and uses data collected from you in accordance with BRES's Privacy Policy located at www.blockllc.com/privacy.aspx. The terms of such Privacy Policy are hereby expressly incorporated into these Terms of Use.

Links

The Web Site may provide, or third parties may provide, links to other web sites or resources on the Internet. Because BRES has no control over such sites and resources, you acknowledge and agree that BRES is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such web sites or resources. You further acknowledge and agree that BRES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such web site or resource.

Disclaimer

BRES uses reasonable efforts to maintain the Web Site, but BRES is not responsible for any defects or failures associated with the Web Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, BRES makes no guarantees as to the web sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Web Site, including as to the accuracy, content or quality of any such web sites and information.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND YOUR USE IS AT YOUR SOLE RISK. BRES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BRES MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE WEB SITE WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INVESTMENTS, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE WEB SITE. IN NO EVENT SHALL BRES'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless BRES, its officers, directors, members, shareholders, employees, affiliates and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees, costs and expenses, arising out of or in any way connected with your access to or use of the Web Site.

Investment Disclaimers

This Web Site is for informational purposes only. Any information contained herein is neither an offer to sell nor a solicitation to buy securities of BRES. Interested investors should contact their respective financial representative or BRES Funds for more information on how to invest. Investors are cautioned that any past financial performance information set forth on the Web Site is not necessarily indicative of, and has no bearing on, any future results or performance.

INFORMATION ON THE WEB SITE MAY INCLUDE "FORWARD-LOOKING STATEMENTS" WHICH ARE BASED ON BRES'S BELIEFS, AS WELL AS A NUMBER OF ASSUMPTIONS CONCERNING FUTURE EVENTS, MADE BY BRES AS A RESULT OF INFORMATION CURRENTLY AVAILABLE. SUCH STATEMENTS ARE NOT A GUARANTEE OF PERFORMANCE AND ARE SUBJECT TO A NUMBER OF UNCERTAINTIES AND OTHER FACTORS, MANY OF WHICH ARE OUTSIDE BRES'S CONTROL, THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM SUCH STATEMENTS. BRES DISCLAIMS ANY INTENTION OR OBLIGATION TO UPDATE OR REVISE ANY FORWARD-LOOKING STATEMENTS ON THE WEB SITE, WHETHER AS A RESULT OF NEW INFORMATION, FUTURE EVENTS OR OTHERWISE.

Termination and Modification

You agree that BRES, in its sole discretion, may terminate your use of the Web Site, and remove and discard any Content, for any or no reason. BRES may also, in its sole discretion and at any time, discontinue providing the Web Site, or any part thereof, with or without notice. You agree that any termination of your access to the Web Site under any provision of these Terms of Use may be effected without prior notice. Further, you agree that BRES shall not be liable to you or any third party for any termination of your access to the Web Site.

Governing Law and Other Miscellaneous Terms

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS OF USE, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF BRES, MUST BE EXCLUSIVELY BROUGHT IN A COURT OF COMPETENT JURISDICTION IN OR SERVING JACKSON COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Copyright and Copyright Notices

BRES respects the intellectual property of others, and we ask the users of the Web Site to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BRES's Copyright Agent the following information:

• an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Web Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or • authorized to act on the copyright owner's behalf.

Please contact BRES's Copyright Agent for Notice of Claims of copyright infringement at: information@blockllc.com.