Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. BY UTILIZING THE WEBSITE LOCATED AT www.exantas.com (THE “SITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF USE, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR IRREVOCABLE ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
Welcome to Exantas Capital Corp’s (“Exantas”) website (the “Site”). The Site and the data, information, products, materials, services and other content available on or through the Site (collectively, the “Content”) is proprietary to Exantas, its vendors and service providers, any persons specifically authorized by these parties and other third parties and is protected by copyright, trade secret and other related proprietary rights, including U.S. and international copyright and trademark laws and treaties. These Terms and Conditions of Use contain important disclosures which site users (“Users” or “you”) must read carefully.
THE INFORMATION, PRODUCTS AND SERVICES DESCRIBED ON THIS SITE ARE NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE (BY REASON OF THAT PERSON’S NATIONALITY, RESIDENCE OR OTHERWISE) SUCH DISTRIBUTION OR USE WOULD BE PROHIBITED OR CONTRARY TO ANY LAW OR REGULATION OR WOULD OBLIGATE US TO COMPLY WITH ANY ADDITIONAL LAW, REGULATION, REGISTRATION OR SIMILAR REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. PERSONS IN RESPECT OF WHOM SUCH PROHIBITIONS APPLY MAY NOT ACCESS THIS SITE. NOT ALL PRODUCTS OR SERVICES OFFERED BY EXANTAS ARE AVAILABLE OR OFFERED IN ALL JURISDICTIONS OR TO ALL USERS.
We may require Users to provide additional and/or more detailed information to verify their identity when we deem it necessary or appropriate to do so in order to comply with applicable law, including if applicable, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (“USA Patriot Act”).
TERMS AND CONDITIONS
By accessing, viewing or using the Content you indicate that you understand and intend these Terms and Conditions of Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept these Terms and Conditions of Use and agree to be legally bound by them each and every time you access the Site.
The Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to, and understanding of, all such terms, conditions and notices. We reserve the right to change, at our discretion, the Content and any terms, conditions and notices under which the Site and the Content offered through the Site are offered without further notice to you. Your continued use of the Site will signify your agreement with and understanding of any additional or modified Content, terms, conditions or notices applicable to the Site.
While Exantas uses reasonable efforts to update the information on the Site, we make no representations or warranties as to the accuracy, reliability, timeliness or completeness of any information on the Site. Any Content on the Site is subject to change without notice. While the Content contained on the Site has been obtained from sources believed reliable, neither we nor any information provider that we use guarantees that the Content on the Site is accurate, timely, valid or complete or make any warranties, express or implied, with regard to the results that have or may be obtained from its use.
The Site and the Content are provided by us as a service to you. In order to access and use the Site, you are granted a limited, nonexclusive, revocable and nontransferable license to use the Site conditioned on your continued compliance with these Terms and Conditions of Use. You agree to not copy for non-personal use, publish, disclose or otherwise distribute the information contained herein to third parties without receiving prior written consent from Exantas.
You may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use, in any medium, any Content, except you may, for your sole personal use and information, access, use and store the Content or any portion thereof solely for your own personal, and not commercial, purposes. Any personal copy of the Content contained on this Site shall retain all copyright and other such notices. As a further condition of use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Use and you will comply with any applicable local, state, national, or international laws or regulations when using the Site. You are prohibited from violating or attempting to violate the security of the Site. You may not create a third party link to this Site without the prior written consent from Exantas.
Nothing on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the Site. No act of downloading, storing, accessing, using, or otherwise copying from the Site will transfer title to any software or material at the Site to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the Site to a human-perceivable form. Anything that you transmit to the Site becomes our property, may be used by us for any lawful purpose (subject to any further agreement between us and you), and is further subject to disclosure as deemed appropriate by us, including to any legal or regulatory authority to which we are subject. We reserve all rights with respect to copyright and trademark ownership of all Content on the Site, and will enforce such rights to the full extent of the law.
USE OF SITE AND CERTAIN IMPORTANT DISCLOSURES
The Content on the Site is intended for informational purposes only. We do not provide recommendations, investment advice or any other advice to you or any other User or party through the Site, and no information or material on the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Without limiting the foregoing, nothing on this Site is intended to be, nor should it be construed or used as, financial, legal, tax, insurance or investment advice, be an opinion of the appropriateness or suitability of any investment, or intended to be an offer, or the solicitation of any offer, to buy or sell any security, including an interest in any investment. No such offer or solicitation may be made prior to the delivery of appropriate documentation to qualified Users.
The Content is as of the date(s) indicated and is not a complete description of any investment, strategy or other product or services offered by Exantas and is subject to the more complete disclosures in our public filings found at www.sec.gov with respect to such product or service. Certain of the Content may be supplied by third parties, and although believed to be reliable, has not been independently verified and its completeness and accuracy cannot be guaranteed. No warranty, express or implied, representation or guarantee is made as to the accuracy, validity, timeliness, completeness or suitability of the Content, including the third party Content.
We consider your personal data to be private. All information collected in the course of your using the Site (including your qualification as a User of the Site) or otherwise, including any individual logging or click-stream data gathered in the course of navigating the Site, is strictly for internal purposes and will be kept confidential, subject to applicable law, rule and/or regulation and other permissible uses. We may capture and record information on our server logs from your browser when you interact and use the Site including your browser types, pages visited and date of visit.
As part of the process to give you access to the Site or portions thereof, we may collect contact information, unique identifiers, financial information and other information. This information is used to qualify you as a User and may also be used to send Users relevant and timely information. You may at any time opt out of receiving communications except for those essential to your use of the Site and to the administration of your Site usage, if any, with Exantas and for regulatory requirements, including possible annual requalification requirements.
You additionally have the option to remove all personal information from the Site’s database and not to receive future communications or to forgo the Site’s Content altogether by contacting us at Exantas Capital Corp, c/o ACRES Capital, LLC, 865 Merrick Avenue, Suite 200 S, Westbury, NY 11590, Attn: Compliance, or by email to firstname.lastname@example.org.
Please refer to Exantas’s Privacy Notice which is included on the Site.
CONFIDENTIALITY ON INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Exantas has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed.
Accordingly, we are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.
SECURITY OF SITE
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Exantas reserves the right to view, monitor and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site. We also intend to comply with all lawful court orders and governmental, regulatory and law enforcement requests involving such information.
LINKS TO OTHER SITES
We may permit Users to have access, through hypertext or other computer links, from the Site to web sites operated by persons other than Exantas. In such cases, such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites’ owners. You are solely responsible for determining the extent to which you may use or rely upon any content, products or services at or through any other web sites to which you link from this Site. We are not responsible for the privacy practices or the security or other policies of any other web site that is linked or linking to the Site.
Accordingly, Exantas and its respective affiliates and each of their respective officers, directors, principals, members, partners, shareholders, employees, agents, advisors and representatives (collectively, “We and Our Affiliates” or as the context requires, “Us and Our Affiliates”) expressly disclaim any liability or responsibility for the content or products or services of, or use or inability to use, any web site owned by a third party that may be linked to this Site, whether such link is contained on this Site or provided by a third party. No judgment, representation or warranty, express or implied, is made with respect to the accuracy, timeliness, or suitability of the content or services of any web site to which this Site may link, including information on such web site regarding us, and we take no responsibility therefore. If we provide access to other web sites, we are not recommending, endorsing or approving the operations, content, securities, financial or other products or services provided, issued or endorsed by, such web site’s operator, sponsoring organization or its affiliates or such web site’s advertisers or such entities themselves. Your use of such third party sites is at your own risk based upon such due diligence as you have determined is appropriate. We and Our Affiliates shall not be responsible for any loss or damage of any sort incurred as a result of any dealings you may have with respect to such third party or third party web sites or as the result of the presence of any links to such third party web sites. See also “ADDITIONAL DISCLAIMERS AND DISCLOSURES” below.
EVENTS BEYOND OUR CONTROL
You expressly absolve and release Us and Our Affiliates from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, loss of use of the Site, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist attacks, or governmental restrictions.
ADDITIONAL DISCLAIMERS AND DISCLOSURES
THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CONTENT HAS BEEN GATHERED AND DERIVED FROM SOURCES BELIEVED TO BE RELIABLE, HOWEVER WE HAVE NOT INDEPENDENTLY VERIFIED THE INFORMATION AND MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE CONTENT, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE CONTENT WILL REMAIN UNINTERRUPTED. WHILE WE MAKE NO COMMITMENT TO UPDATE THE CONTENT, WE RESERVE THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. WE RESERVE THE RIGHT TO MAKE UNAVAILABLE AT ANY TIME THIS SITE OR THE CONTENT. THIS SITE AND ITS CONTENT ARE OUR PROPERTY AND/OR OUR VENDORS, DATA PROVIDERS AND/OR OTHER THIRD PARTY SOURCES, AND IS PROTECTED BY COPYRIGHT, TRADE SECRET AND OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
WE FURTHER ASSUME NO RESPONSIBILITY, AND MAKE NO WARRANTIES, THAT THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER THAT MAKES IT AVAILABLE OR THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE CONTENT ON THE SITE IS INTENDED FOR INFORMATIONAL ONLY. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY INVESTMENT DECISIONS, ADVICE, LOSS OF PROFITS, COSTS OR ANY OTHER INDIRECT DAMAGES RELATING TO THE SUITABILITY, ADEQUACY, VALIDITY, ACCURACY, TIMELINESS, DELAY, COMPLETENESS OR USE OF ANY INFORMATION ON THE SITE. WHILE WE MAKE NO COMMITMENT TO UPDATE THE CONTENT, WE RESERVE THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. WE RESERVE THE RIGHT TO MAKE UNAVAILABLE AT ANY TIME THIS SITE OR THE CONTENT. WE DO NOT OFFER ADVICE REGARDING THE QUALITY OR SUITABILITY OF ANY PRODUCT OR SERVICE THROUGH THE SITE.
UNAUTHORIZED USE OF ANY CONTENT CONTAINED ON THE SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, TRADEMARK LAWS, TRADE SECRET LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND OTHER REGULATIONS AND STATUTES.
NOTIFICATION FOR CERTAIN MATTERS
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content infringes your copyright, you (or your agent) may send us a notice requesting that such Content be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you with respect to the Content, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Exantas Capital Corp, /o ACRES Capital, LLC, 865 Merrick Avenue, Suite 200 S, Westbury, NY 11590, Attn: Compliance, or by email to email@example.com.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
In the event you believe in good faith that any Content is otherwise in error, please contact us at firstname.lastname@example.org with, if possible, a description of the Content to be checked and the location (URL) where such Content can be found on the Site, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
LIMITATION OF LIABILITY AND INDEMNITY
Under no circumstances, including, but not limited to, negligence, shall We and Our Affiliates be liable for any special or consequential damages that result from the use of, or the inability to use, the Content or the Site, even if We and Our Affiliates have been advised of the possibility of such damages. In no event will We and Our Affiliates have any liability to you for damages, losses and claims or causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) for accessing or using the Site.
You agree that your breach of these Terms and Conditions of Use may result in irreparable harm to Us and Our Affiliates which cannot be compensated by money damages, and that we shall be entitled to obtain injunctive relief for any such breach.
You agree to defend, indemnify, and hold harmless Us and Our Affiliates and our respective attorneys, licensors, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on the information available or through the Site, and any breach by you of these Terms and Conditions of Use or other improper act or omission.
These Terms and Conditions of Use have been made in and will be construed and enforced in accordance with the laws of the State of New York without giving effect to the principles of conflicts of laws thereof. Your consent to these Terms and Conditions of Use includes your consent to exclusive jurisdiction and venue in the courts located in the County of New York in the State of New York. Any action to enforce these Terms and Conditions of Use and/or arising out of or relating to these Terms and Conditions of Use must be brought in the state or federal courts located in the County of New York in the State of New York. Your consent to this jurisdiction is irrevocable. You waive all defenses of lack of jurisdiction, venue, or forum non-conveniens. In any dispute between us and you relating to this Agreement or Site, the prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses.
TERM AND TERMINATION
These Terms and Conditions of Use take effect at the time you begin using the Site, thereby indicating acceptance of these Terms and Conditions of Use, and, at each use thereafter, you shall be deemed to have reaffirmed your acceptance of these Terms and Conditions of Use, whether or not specifically or periodically asked to do so. Exantas reserves the right at any time in its sole discretion to deny any User access to the Site or any portion thereof and to terminate these Terms and Conditions of Use. Termination of access or these Terms and Conditions of Use may be effective without notice.
Failure to insist on strict performance of these Terms and Conditions of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms and Conditions of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. As stated above, references to “you” in these Terms and Conditions of Use shall mean all users of the Site. If you are accessing and using the Site on behalf of any other entity(ies) and/or person(s), including any beneficial owner, you represent that you are authorized to do so and understand and agree that the agreements and other provisions contained and made herein are made on behalf of such other entity(ies) and person(s).
If any part of these Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms and Conditions of Use, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms and Conditions of Use, and, if possible, the then invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision. Any rights not expressly granted herein are reserved.
These Terms and Conditions of Use, and other terms and conditions and similar provisions that may be applicable to you regarding the Site, including any agreements and questionnaires you complete through the Site (all of which are hereby incorporated as if set forth fully herein), represent the entire agreement between us and you with respect to the use of and Content available on or through the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between us and you with respect to the Site. Products and services offered by Exantas shall also be governed by the applicable documentation with respect to such products and services.
BUSINESS CONTINUITY PLAN SUMMARY
Exantas relies on the Business Continuity Plan developed and administered by the parent company of its external manager, ACRES Capital, LLC, regarding how we and our affiliates will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.
If after a significant business disruption you cannot contact us as you usually do, you should call our Business Status hotline number at 516-882-7333. If you cannot reach one of our other offices, please call our Westbury, NY Office at 516-535-0015.
Our Business Continuity Plan
We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and allowing our clients and investors to transact business. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.
Our Business Continuity Plan addresses data back-up and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; critical service provider impact; and regulatory reporting; and assuring our clients prompt access to their funds and securities if we are unable to continue our business.
Exantas operates its production servers so that services can be restored in an alternate location promptly. While every emergency situation poses unique problems based on external factors, such as time of day and the severity of the disruption, our objective is to restore operations and be functioning critical applications in no more than one business day. Your communications with us may be disrupted until such time as our data is restored. Some critical services have faster expected restoration timelines and may experience no downtime at all in the event of a disruption, depending on the nature of the disruption.
Significant business disruptions can vary in their scope, such as those events only affecting our firm, a single building housing our firm, the business district where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to only our firm or a building housing our firm, we will transfer our operations to a local site when needed and expect to recover and resume business by the following business day. In a disruption affecting our business district, city, or region, we will transfer our operations to a site outside of the affected area, and expect to recover and resume business within two business days.
If the significant business disruption is so severe that it prevents us from remaining in business, we will assure our clients’ prompt access to their records on file with us at the time of the disruption.
For more information, or if you have questions about our business continuity planning, you can contact us at 516-882-7333.