Our Terms and Conditions Regarding Hospitality Development

Disclaimer

Nothing contained on this Website constitutes tax or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a solicitation or offer by Fortuna or its affiliates to buy or sell any financial product, nor shall any such product be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor, and in exchange for using this Website, the visitor agrees to hold Fortuna harmless against any claims for damages arising from any decisions that the visitor makes based on such information.

The information provided on this Website is provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Fortuna disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. Fortuna does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and Fortuna expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on the Website.

Forward-Looking Statements

Some public disclosures contained on this Website contain forward-looking statements that reflect our then current views with respect to, among other things, our operations and financial performance. You can identify these forward-looking statements by the use of words such as “outlook,” “believes,” “expects,” “potential,” “continues,” “may,” “will,” “should,” “seeks,” “approximately,” “predicts,” “intends,” “plans,” “estimates,” “anticipates” or the negative versions of these words or other comparable words. Such forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We believe that these factors include, but are not limited to, those described in the “Risk Factors” section of the private placement memorandum. These factors should not be construed as exhaustive and should be read in conjunction with the other cautionary statements that are included in this report. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

Trademarks, Copyrights and other Intellectual Property

The content contained on this Website is owned or licensed by Fortuna and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including all text, images, audio, and video, without Fortuna’s written permission. Modification or use of the materials for any other purpose violates Fortuna’s intellectual property rights.

All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to Fortuna and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of Fortuna or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.

The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications, regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

Links to Other Websites

Fortuna may establish links between this Website and one or more Websites operated by third parties. Fortuna has no control over any such other Websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by Fortuna regarding, such Websites, the contents of the Websites, the products or services of the Websites or the operators of the Websites. Fortuna disclaims responsibility for the privacy policies and customer information practices of third-party internet Websites hyperlinked from our Website.

Links to Fortuna from Other Websites

You shall not display hyperlinks on your Websites to any Website owned or operated by Fortuna. If you desire to display on your Website a hyperlink to a Fortuna Website, you must enter into a written agreement with Fortuna governing such display. Access to any Fortuna Website does not authorize you to use any of Fortuna’s names, logos, trademarks or copyrighted material, and you agree not to do so without Fortuna’s express written consent.

Transmissions to and from this Website

Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to Fortuna, particularly those containing confidential information, may be sent by mail to: Fortuna Realty Group LLC, 380 Madison Avenue, Suite 2401, New York, NY 10017, Attn: Investor Relations. Fortuna shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Website user to Fortuna through this Website. You acknowledge and agree that Fortuna has granted you limited access to the specific files pertaining to a Fortuna Program (“Approved Files”), and you agree not to attempt to access computer files other than the Approved Files.

Jurisdiction and Governing Law

The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Fortuna or its affiliates to any registration requirement within such jurisdiction or country.

The laws of the State of New York govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in the New York State Supreme Court located in New York, NY, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with Fortuna.

Limitation of Liability

FORTUNA WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE). THIS IS TRUE EVEN IF FORTUNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Timeliness of Content

All content on this Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Prohibited Uses

Except as otherwise stated in these Terms or as expressly authorized by Fortuna in writing, you may not:
Use this Website in any manner that could damage or overburden any Fortuna server, or any network connected to any Fortuna server, as all servers have limited capacity and are used by many people;
Use this Website in any manner that would interfere with another party’s use of the Website;
Include the term “Fortuna Realty Group ” or any Fortuna trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element;
Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from this Website, whether through links or otherwise (collectively, “Materials”), without Fortuna’s permission, provided that generally available third-party web browsers may be used without such permission; or
Use this Website or the Materials in any manner that could create impression of affiliation, sponsorship or endorsement by Fortuna.

Password Security and Notification

Certain parts of the Website are protected by passwords or require a login. You may not obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by Fortuna for your specific use. If you have a password for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your password. Accordingly, you should take steps to protect the confidentiality of your password. Notify Fortuna immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

Termination

Fortuna may terminate your access to the Website for any reason, without prior notice.

Waiver

No waiver by Fortuna of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at that time or a waiver of that or any other right, term, or provision of these Terms at any other time.

Integration and Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
The preceding Terms of use represent the entire agreement between Fortuna and the user relating to the subject matter.