The www.tmgdc.com website (the “Site”) is provided by The Meridian Group (“Meridian”), a real estate investor, developer and owner of Washington, D.C. metro area real estate for over 20 years. Your use of the Site is subject to the terms set forth herein. By accessing, browsing and/or using the Site, you acknowledge you have read, understood and agree to be bound by the terms and conditions provided herein. If you do not agree to these terms, do not use the Site and exit immediately. Please note that it is your responsibility to be aware of, and to observe, all applicable laws and regulations of any relevant jurisdiction.
Ownership of Content, Copyrights and Trademarks
All content on the Site, including, but not limited to, all photos, images, videos, text, data and data compilations, graphics, works of authorship, designs, logos and button icons (collectively, “Site Content”); any improvements or modifications to such Site Content; any derivative works based on any of the foregoing; and the collection, arrangement and assembly of all such Site Content, are the property of Meridian and/or its licensors and are protected by United States and international copyright and other intellectual property laws. For purposes hereof, Site Content includes Meridian funds investor information accessed through the IntraLinks Site, as defined below.
The mark “The Meridian Group,” and other marks that may be displayed on the Site are the proprietary service marks or trademarks of Meridian or other third parties. Meridian’s marks may not be used in connection with any product or service that is not Meridian’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Meridian. All trademarks and service marks not owned by Meridian that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Meridian. You may not use, copy, modify or display any of the trademarks, service marks, trade names, company names or logos appearing on the Site without the express written permission of the respective owner thereof.
Access to Investor Information
Permitted Use and Restrictions
The Site includes various types of Site Content. You may download, view, copy and print information, materials and any other aspect of the Site Content solely for your personal, non-commercial use, provided that (i) neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered and (ii) you do not store any significant portion of, or distribute copies of, Site Content in any form (including by electronic means), except that Site Content accessed through the IntraLinks Site may be distributed to your accountants, lawyers or investment advisors. You agree you will not, in any way, modify, move, add to, delete, manipulate or otherwise tamper with the Site Content, nor will you decompile, reverse engineer, disassemble or unlawfully use the Site Content or portions thereof, nor will you assist any person or entity in any way in these activities.
You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the computer system of Meridian or the IntraLinks Site or information of any other Site user, including any use or attempted use by you of another Site user’s password and account information. In addition, you agree that you will not provide to Meridian any false information, or otherwise take any other action in connection with your use of the Site which violates any law or regulation.
You agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site, or any portion thereof. You agree not to take any other action that poses a risk to the continued operation of the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site, without the prior written permission of Meridian or its licensors.
Unauthorized Use of the Site
Links to Third Party Sites
In addition to the link to the IntraLink Site (or login page to the IntraLink Site), the Site may include links to other third party websites. If you use any such links, you will leave the Site. If you decide to visit any linked site, you do so at your own risk. Meridian makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, the content of any sites linked to or from the Site, or any of the content appearing thereon, or any products, services or other materials described or provided thereon, or any other link contained thereon, including with respect to the IntraLinks Site (other than Site Content accessed through the IntraLinks Site). Meridian does not control any of these third party websites, including the IntraLinks Site. The existence of links from the Site to these sites should not be construed as an endorsement of any of the content, products or services appearing on such sites or as implying an association between Meridian and the operators of these sites, other than the contractual agreement between Meridian and IntraLinks. By using these third party websites you may be agreeing to their terms or visitor agreements. You hereby release Meridian and its affiliates from any damages that you may incur through, and agree not to assert any claims against Meridian or any of its affiliates arising from, your use of third party sites or from your purchase or use of any third party provided product or service.
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, SITE CONTENT, SERVICES AND/OR MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MERIDIAN DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE, OR ANY INFORMATION, SITE CONTENT, SERVICES OR MATERIALS CONTAINED ON, OR ACCESSED VIA, THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MERIDIAN DOES NOT REPRESENT OR WARRANT THAT (I) ANY OF THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT (AND MERIDIAN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE), (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE OR (III) ANY ERRORS IN THE SITE WILL BE CORRECTED. FURTHER, MERIDIAN DOES NOT MAKE ANY WARRANTIES REGARDING THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE OF THE SITE, THE INTERNET, COMPUTER HARDWARE OR SOFTWARE, OR ANY INTERNET ACCESS PROVIDER, TO SEND OR RECEIVE ANY ELECTRONIC TRANSMISSION. MOREOVER, WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS, MERIDIAN MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL MERIDIAN OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF MERIDIAN OR ITS AFFIALITES (COLLECTIVELY, THE “MERIDIAN PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY INFORMATION, SITE CONTENT, SERVICES OR MATERIALS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Modification or Discontinuance of the Site by the Company
At any time, without notice to you, and for any or no reason, Meridian may modify or discontinue all or a portion of the Site or any other services provided therein. Meridian shall in no way be held liable for any consequence which results from Meridian’s decision to modify or discontinue providing all or a portion of the Site or any other services provided therein.
The materials contained on the Site, including any information regarding Meridian’s current and historical portfolio investments, are provided for informational purposes only and should not be considered investment advice, or as any offer to sell or solicitation of an offer to buy any securities, services or products. In any event, past performance is not necessarily indicative, or a guarantee, of future results and there can be no assurance that any investment will achieve comparable results to previous portfolio investments or that investors will not lose any of their invested capital.
Any forward-looking information presented on the Site is based on certain estimations and assumptions made by Meridian, including estimations and assumptions about events that have not yet occurred. Such estimations and assumptions may require modification as additional information becomes available. Any such modification could be either favorable or adverse. Accordingly, actual outcomes may differ, perhaps materially, from any forward-looking information presented on the Site. Neither Meridian nor any of its affiliates makes any representation or warranty, express or implied, as to the accuracy or completeness of any information contained on the Site, and nothing on the Site should be relied upon as a guarantee, promise, forecast or representation as to the future.
Notice and Procedure for Making Claims of Intellectual Property Infringement
Meridian respects the intellectual property rights of others. If you believe that any content on the Site may infringe your copyrights or other intellectual property rights, please provide Meridian the written information specified below. Please note that this procedure is exclusively for notifying Meridian that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property 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 intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Meridian’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:
Intellectual Property Agent
The Meridian Group
3 Bethesda Metro Center
Bethesda, MD 20814
Phone: (301) 718-0800