TERMS AND CONDITIONS OF USE

Welcome to QCT Sites, LLC's web site, QCTSITES.COM (the "Site"). By using the Site, you agree to be bound by the following terms and conditions and all applicable laws and regulations. In addition, you agree to indemnify QCT Sites, LLC and its affiliates and subsidiaries (collectively the “Company”) against any and all claims by third parties arising out of your use of the Site in violation of these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you are not permitted to use the Site.

Limited License

Everything that you read or see on the Site is copyrighted or otherwise protected and owned by the Company or a third party who licensed or granted to the Company the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms and Conditions of Use or with the prior written approval of the Company.

We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or purchasing the services offered on the Site. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not:

Further, you acknowledge that we have spent considerable resources to compile the information and materials contained on and accessed through the Site. You agree to only use this information for your own internal purposes and agree that you will not copy, reproduce, distribute, share, transmit, sell or otherwise dispose of such information to any third party.

We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.

Third Party Web Sites

Company may provide links and pointers to Internet sites maintained by others ("Third Party Sites"). Company has not reviewed all of the Third Party Sites linked to the Site and is not responsible for the content of or any products or services offered in such Third Party Sites.

Submitted Information

If you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to Company free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by Company for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site or in any other manner. You further agree not to upload, email, transmit to, or distribute or otherwise publish through the Site any material which disrupts the normal operation of the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Site.

Through your usage of the Site, you may submit and/or Company may gather certain limited information about you and your web site usage. Company is free to use such information for any purpose it deems appropriate, including marketing purposes.

User Registration

To obtain full access to the Site, you may be required to complete a registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms and Conditions of Use. Transfer of the account by you to any other person or entity is prohibited.

Services

Registering on the Site and viewing real estate information is free. We do charge fees for using the Site in order to review potential real estate opportunities. When you offer to purchase a real estate option then you agree these non-binding bids represent your serious expression of interest in purchasing the option, and insincere offers are strictly prohibited. You shall not: (a) offer to purchase an option with the intention of disrupting the sale of such option; (b) engage in conduct to artificially change an option’s price or apparent desirability; or (c) be related to or affiliated with the owner of the real estate.

Due to the wide variety of laws governing the sale of real estate and interests therein, Company's advertisements of real property options to purchase do not involve legally binding offers to buy and sell. Instead, Company's website postings are simply a way to assist you in identifying certain real estate opportunities. Company is not the real estate owner and, as a result, has no control over the quality, safety or legality of the properties advertised, the truth or accuracy of the postings, or the ability of owners to sell the real estate. Company cannot ensure that any transaction will be completed.

Our postings do not result in binding agreements to buy and sell real estate. You should not offer to purchase an option unless you intend to complete the purchase of the advertised property, subject to customary diligence and contingencies. Following the close of negotiations to purchase an option, you are expected to enter into an Assignment of Option to Purchase with us with respect to the property, and to take such other actions as may be required by law. As noted below, Company cannot give legal advice to you, and you should seek professional advice when purchasing options. In all cases you should conduct your own due diligence related to property inspection, title review, building code compliance, termite inspection, flood plain, hazardous materials and other local issues transparent only to an expert. While Company cannot guarantee consummation of the sale, our rules require you to follow through in good faith. Once you enter into the Assignment of Option to Purchase, you have entered into a binding agreement with us.

If you elect to offer to purchase an option, you agree to enter into an Assignment of Option to Purchase, and will be charged an “Assignment Fee.” This fee applies whether or not the real estate sale is ultimately completed. If the real estate purchase is not completed, you will not be charged a “Closing Fee” tied to the purchase of the real estate. Pursuant to the Assignment of Option to Purchase, you will be charged a "Closing Fee" when the real estate transaction closes. See the Assignment of Option to Purchase for more information on fees.

Payment

Company reserves the right to change its fees, payment frequency, or billing methods at any time. Company will provide timely notice of such changes. Payment is expressed in US dollars. You are responsible for paying all fees and applicable taxes in a timely manner as set forth in the Assignment of Option to Purchase.

Disclaimer and Limitation of Liability

ALL MATERIAL INCLUDING, BUT NOT LIMITED TO, REAL ESTATE OPTION LISTINGS ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES: (1) THAT A PARTICULAR PROPERTY OR TRANSACTION LISTED ON THE SITE QUALIFIES FOR ANY SPECIAL TAX TREATMENT INCLUDING, BUT NOT LIMITED TO, LOW INCOME HOUSING TAX CREDITS; OR (2) THAT THE AUCTION MECHANISM DOES NOT VIOLATE ANY APPLICABLE FEDERAL, STATE OR LOCAL LAWS. FURTHER, COMPANY MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

The purchase and sale of real estate and interests therein are complicated matters that are governed by laws, practices and customs that vary significantly from state to state. The Site may provide tax and other legal related information which is intended only to assist you in evaluating potential real estate opportunities. The Site is for informational purposes only and is not a substitute for the professional judgment of a legal or tax professional. Company merely believes that these real estate opportunities are potential candidates for receiving certain tax credits. You should obtain the professional judgment of a licensed attorney, accountant or other professional prior to initiating any transaction. Company cannot provide you with any such advice. Nothing contained in this Site should be construed as such advice. Therefore, Company disclaims any liability for any information you relied upon from this Site.

Company's role in providing and maintaining the Site is limited to providing a venue for you to review certain real estate opportunities through publishing advertisements. Company markets and sells its own options to purchase real estate. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Company and you by your use or review of the Site.

If you have a dispute with a third party resulting or arising from a real estate purchase or transaction secured through the Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

United States Only

All materials on this Site are provided solely for the purpose of promoting Company's operations and services in the United States. Company makes no representation that the materials on the Site are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws.

Trademarks, Trade Names, and Service Marks

Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by Company. The use or misuse of any of these marks or other information is strictly prohibited.

Modification and Termination of This Agreement

Company may modify these Terms and Conditions of Use at any time without notice to you. Company may terminate this agreement, terminate your access to all or part of the Site, or suspend any user's access to all or part of the Site, at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or for its convenience. You may terminate this agreement at any time by destroying all materials received from the Company site and ceasing to use the Site.

Governing Law

These Terms and Conditions of Use shall be governed by the laws of the State of Indiana without giving effect to any choice or conflict of law or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction in the State of Indiana.

Miscellaneous Terms

Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms and Conditions of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms and Conditions of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to the subject matter hereof.

Contact

Any questions may be directed to:
QCTSITES.COM
c/o QCT Sites, LLC
812 W. Edison
Mishawaka, IN 46545