Article publisehd in the New York Real Estate Journal, written by TICPM president Barry L. Gruebbel, CPM.
Read the article here.
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Limitation of Liability.
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BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TIC PROPERTIES MANAGEMENT AND RELATED PERSONS AND ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TIC PROPERTIES MANAGEMENT IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
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Benefited Parties: These Terms are for the benefit of TIC Properties Management and its Providers and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities will have the right to assert and enforce these Terms directly against you on its or their own behalf.
Severability: If any provision of these Terms is held invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
Waiver: Any waiver of any of the terms and conditions set forth herein or in the Commercial Terms will be effective only if in writing and signed by TIC Properties Management, and the failure of TIC Properties Management to exercise or enforce any of such terms and conditions will not constitute a waiver of such right or provision.
Web Site Changes: TIC Properties Management retains title and ownership of this Web Site. TIC Properties Management may, at any time and from time to time, change, suspend or discontinue any aspect of this Web Site, including the availability of any feature, database, or Content. TIC Properties Management may, at any time and from time to time, impose limits on certain features and services or restrict user access to all or any parts of this Web Site.
Governing Law: The Terms will be governed by and construed in accordance with the laws of the State of South Carolina, without reference to its conflicts of law rules. You hereby submit to the exclusive jurisdiction of the federal and state courts located in Greenville County, South Carolina with respect to any claim or suit arising out of or connected in any way with this Web Site or these Terms, and you hereby waive any right to assert jurisdiction or venue in any other court.
Entire Agreement: These Terms, and any applicable written agreement between you and TIC Properties Management constitute the entire agreement and understanding between you and TIC Properties Management with respect to the subject matter hereof and supersede all prior oral or written agreements or understandings between you and TIC Properties Management relating thereto.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TIC PROPERTIES MANAGEMENT.
I. We do not and will not ever sell customer information.
II. We do not provide customer information to persons or entities outside of TIC Properties Management, LLC (“TIC Properties Management”), its affiliates, and its partners for their own marketing purposes, other than as described below.
III. We afford prospective customers, former customers, and existing customers the same protection regarding the use of personal information.
IV. We will not share any information (except for what is a matter of public record or as necessary to provide our services to you) with any unrelated entity or participants in your transactions without your consent, except as described below.
I. Information Gathering
Due to the nature of our asset management and property services, from time to time, we or our affiliates must obtain non-public, personal information about you, which may include the following:
Information on applications, tax returns, questionnaires, or other forms including your name, address, social security number, assets, and income
Information from a consumer report, including credit worthiness, credit history, and other information
Information about your transactions with us, our affiliates, or others, including account numbers and balances, payment histories, and loan or deposit balances
Information collected through an Internet “cookie” (an information collecting device from a web server)
Other information as deemed necessary under the Patriot Act or Sarbanes-Oxley
II. Information that We Share
We use or share information in a limited and carefully controlled manner. We use or share your information in order to verify your identity and protect you against fraud, enable us to complete transactions quickly and efficiently, determine the right services to meet your needs, and to provide you with proper customer service. Examples of customer information that we may share include:
Information required by lending and/or regulatory agencies as part of the overall investment process
Information we receive from you such as your name, address, social security number, assets, and income as provided, for example, on account applications
Information we receive from affiliates, credit reporting agencies and other third parties not affiliated with us, such as your creditworthiness and credit history
Correspondence, tax information and general reports relating to your investment
Depending on the type of relationship you have with TIC Properties Management, we may share information with our affiliates and with third parties as set forth below:
A. Sharing information with our affiliates:
In order to provide you with asset management and property services and to meet mandated regulatory reporting requirements, we share information about you with our affiliates, as permitted by law.
B. Sharing information with parties not affiliated with TIC Properties Management:
We disclose information to unaffiliated third parties in limited circumstances for the purpose of providing various services related to the management of property and assets. These unaffiliated third parties may include:
Companies that perform services for your account that we do not provide ourselves. Such services may include lending services, closing, title, accounting, and legal;
Companies that will help protect your account from fraud;
Companies that provide services necessary to effect a transaction that you request or to service your account;
Broker dealers, industry representatives, and other agencies, including Standard & Poor’s, who rate us or assess our compliance with industry standards; and
Government agencies, courts, parties to lawsuits, regulators (in response to subpoenas) or otherwise as required by law. In such cases, we share only the information that we are required or authorized to share.
Brokers and/or prospective purchasers of properties.
Your registered representative of record and its affiliated broker/dealer may receive a copy of our correspondence to you regarding your tax and general reporting for your investment
III. Confidentiality and Security
The security of your personal and financial information is important to us. We maintain physical, electronic, and procedural security measures to protect your information.
All employees are instructed to protect the confidentiality of your personal information as described in these policies, which are strictly enforced.
IV. Former Customers
If you end your relationship with TIC Properties Management, we will continue to adhere to the policies and practices described in our privacy notice, as amended from time to time.
At TIC Properties Management, maintaining our clients’ trust and confidence is our top priority. We have made a conscious effort and commitment to safeguarding your personal information and to providing you with facts about how this information could be shared.