This Agreement was last revised on November 7, 2017.
The Service is a place that provides information about: our Company; our Company’s real estate professional services; and our Company’s real estate development projects, which include luxury hotels and planned residential communities. The Service is for informational purposes only.
IG grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
Use of the Service is void where prohibited. This Service is intended solely for Users who are thirteen (13) years of age or older, and any use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. IG may prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD WHO IS 13 YEARS OF AGE OR OLDER TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO, THROUGH, AND IN CONNECTION WITH SUCH USE.
This Agreement shall remain in full force and effect while you use the Service.
IG may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in IG’s sole determination, you violate any of terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service.
In the event you wish to contact us, you may do so by email to firstname.lastname@example.org, or by postal mail to Inquiries, Irongate, 10880 Wilshire Blvd., Suite 2222, Los Angeles, CA 90024. You understand and agree that any loss or damage of any kind that occurs as a result of any information that you send, post, transmit, or otherwise make available to us is solely your responsibility. By providing IG your email address you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. We may also use your email address to send you other messages, including changes to IG features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt out by sending an email to email@example.com, or by sending mail to the postal address indicated above. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the IG servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the IG Service, including collecting and/or harvesting personally identifiable information by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the website is prohibited. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of the IG Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. IG reserves all rights not expressly granted herein in the Service and the Content (as defined below). IG may terminate this license at any time for any reason or no reason.
a. Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
b. Content. The Service and its materials, including, without limitation, software, images, text, graphics, renderings, drawings, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of IG and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
c. Ideas and Comments. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, non-proprietary, non-confidential, and without restriction and will not place IG under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, IG does not waive any rights to use similar or related ideas previously known to IG, or developed by its employees, or obtained from sources other than you.
d. Trademarks. Irongate and other Service graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of IG. IG’s trademarks and trade dress may not be used in connection with any product or service that is not IG’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IG. All other trademarks not owned by IG that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IG.
No Reliance; Not Professional Advice. The Service, and the Content therein, is for informational purposes only. This site is meant to be used as an overview of the Company’s projects and operations. In no way should the Content contained in the Service be relied upon for financial, tax, accounting, investment, business or legal advice. All items are subject to modification, change and/or being withdrawn at any time in the sole discretion of IG and its affiliates. Reliance on any information provided by IG, IG employees, others appearing on the Service at the invitation of IG, is solely at your own risk.
Property Descriptions. All descriptions of residences, buildings, facilities or improvements are for illustrative purposes only and do not constitute an assurance that such residences, buildings, facilities or improvements will be constructed as shown or in accordance with any square footages described herein which are estimates only. No federal or other agency has judged the merits or the value of any property described or depicted on the Service.
Sales. Nothing contained herein shall be construed as an offer to sell or a solicitation to buy in any state where prior registration is required. For clarity, the Service is not intended to be an offer to sell, or solicitation to buy, units to residents of any jurisdiction where a development project is not registered (unless exemptions from registration are available), or in any other jurisdiction where prohibited by law, and your eligibility for purchase will depend upon your state of residency. E&O.E. The Service does not create any obligation for IG and/or its affiliates to sell any residence in any of its developments; any and all of such sales are predicated upon the purchaser executing a sale agreement and other documents required and such documents are subsequently executed and accepted by IG and/or its applicable affiliate.
Specifications, Plans, and Designs. Prices, plans, products and availability are subject to change without notice. The sketches, renderings, graphic materials, drawings, plans, dimensions, pricing, various fees, materials, design, scheduling and delivery, and specifications about, of, and/or concerning any development projects are proposed only; IG and its affiliates reserve the right to modify, revise, or withdraw, make modifications to any or all of same in its sole discretion without prior notice. Dimensions and square footage are approximate and may vary with actual construction. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for same. Any drawings and depictions in this website are conceptual only and are for the convenience of reference. They should not be relied upon as representations, express or implied, of the final detail of the residences. IG and its affiliates expressly reserve the right to make modifications, revisions, and changes they deem desirable in their sole and absolute discretion.
Real Estate Brokers. No real estate broker is authorized to make any representations or other statements regarding IG’s projects, and no agreements with, deposits paid to or other arrangements made with any real estate broker by a User are or shall be binding on IG. Please refer to IG’s official project brochures, individual property websites and materials and the documents furnished pursuant to state law for information regarding the projects.
Actions of Project Owners. Projects depicted on the Service are each owned by individual entities. IG’s creative contributions to such projects are separate and distinct from project ownership. Hotel reservations and residence sales are conducted by the applicable project entity owner and its designated managers, operators, and contractors. IG disclaims all responsibility for the ongoing operations of each project described on the Service.
Links. We may provide links to other World Wide Web sites or resources. Because IG has no control over such sites and resources, you acknowledge and agree that IG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IG 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
You may not post, modify, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of IG to terminate Service access privileges of any person who repeatedly infringes the copyright rights of others upon receipt of prompt notification to IG by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the IG Service in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the IG Service; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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 provide this information to:
10880 Wilshire Blvd., Suite 2222
Los Angeles, CA 90024
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying IG and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with IG’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
IG may make available a version of its Service for use with mobile devices (the “IG Application”). You acknowledge that certain services, such as location-based services, and service-related information (such as the availability of IG Application upgrades), may be provided from time to time in the form of text (SMS) messages delivered to your registered mobile device instead of directly through the Application. By registering your mobile device or providing us with your mobile phone number, you agree to receive such SMS-based communications to the mobile number associated with your registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in the body of the SMS message. In the event you elect to opt-out of such SMS-based communications, you may receive an additional message from the Service confirming your election. IG does not warrant that the text messaging service will be uninterrupted or error free.
Though you may access the Service via a mobile device, IG shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of IG such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
IG has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on IG, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that IG shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless IG and its subsidiaries, agents, and other affiliated companies, and the employees, contractors, agents, shareholders, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any claim or damages that arise as a result of any of any information that is submitted by you.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IG, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
IG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IG SERVICE AND IG WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IG, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, SHAREHOLDERS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. IG IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL IG BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, INCLUDING VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL IG, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO IG TO USE THE SERVICE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF IG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You and IG each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Agreement, or the relationship between you and IG, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Central District of California. You and IG agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California or the Central District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
While the Service may contain Content regarding Company projects and developments located in foreign countries, the Service itself is controlled and operated from facilities in the United States. IG makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States. Nothwithstanding the foregoing, IG retains all rights, including all Intellectual Property Rights, to the Service and the Content therein, throughout the world.
IG may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by IG in our sole discretion. IG reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
a. Entire Agreement. This Agreement, together with any other legal notices and agreements published by IG via the Service, shall constitute the entire agreement between you and IG concerning the Service.
b. No Waiver. IG’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
c. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
d. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IG without restriction.
e. Severability. If any provision of this Agreement is unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding this Agreement, please contact us at firstname.lastname@example.org.