DISCLAIMER

The information contained on this website is in presentation format and therefore is limited in its scope and not meant to provide comprehensive descriptions or discussions of the topics mentioned herein.

This website is not part of, and should not be construed as part of, any offer to sell or any solicitation of an offer to buy any limited liability company interest or other interest in any Lightstone New York Regional Center LLC (the “regional center”) affiliated project or any other project. Such an offer can only be made through a private placement memorandum for a specific project.

The information contained on this website is limited in its scope and not meant to provide comprehensive descriptions or discussions of the topics mentioned herein.

No warranty is given as to the completeness or accuracy of the information contained herein and the views and opinions herein are subject to change without notice. The regional center reserves the right to supplement, amend or replace the information contained on this website at any time.

The contents of this website are for viewing only and are not to be reproduced, copied, transferred, or communicated to any third party without the prior written consent of the regional center.

Please note that this website may contain forward-looking statements concerning the described projects. These forward-looking statements are not historical facts, but rather are based on current expectations, estimates, projections, beliefs and assumptions about the relevant businesses and industries. These statements are not guarantees of future performance and are subject to certain risks, uncertainties and other factors. If any of these risks, uncertainties or other factors materialize, or if any of the underlying assumptions are incorrect, actual results may differ materially from those expressed or forecasted. You should not place undue reliance on these forward-looking statements, which reflect the project management’s view only on the date made, and the regional center has no obligation to update or revise this website to reflect the occurrence of events that may affect these forward-looking statements.

TERMS OF USE

The website which link to these Terms of Use (“Site”) is owned by and operated by Lightstone New York Regional Center LLC (“Regional Center”).  The terms, conditions and notices below (“Terms of Use”) govern your use of the Site.  Your use of and access to the Site is conditional upon your acceptance of these Terms of Use.  We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect.  It is your responsibility to review these Terms of Use periodically for updates.

No Offer of Investment

This website is not part of, and should not be construed as part of, any offer to sell or any solicitation of an offer to buy any limited liability company interest or other interest in any regional center affiliated project or any other project. Such an offer can only be made through a private placement memorandum for a specific project. The information contained on this website is limited in its scope and not meant to provide comprehensive descriptions or discussions of the projects or other topics mentioned herein.

Intellectual Property Protection

The Site, including, without limitation, site layout, “look and feel,” functionalities, design, text, images, photographs, graphics, video and audio content (“Materials”) are the property of, or are licensed by, the Regional Center and are protected by copyright, trademark, international treaties, or other proprietary rights and laws of the U.S. and other countries.  You may not publish, copy, display, distribute, transmit, perform, modify, create derivative works from, or sell any Materials, information, products, or services obtained from the Site without prior written consent from the Regional Center.  We retain all right, title, and interest to the Materials.  You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Site.

All trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Site are owned by the Regional Center, its affiliates, or third-party trademark owners.  Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on the Site without express written consent from the respective trademark owners.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict access, use or copying of any Materials or enforce limitations on use of the Site or the Materials therein.

Materials on the Site may be used only for your individual use. You agree to not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notices or legends appearing on any of the Materials.  You may not engage in systematic retrieval of data or other Materials from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Regional Center, nor may you mirror on your own site, or other publication, the home page or results pages of the Site.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

Use of the Materials for any purpose not expressly permitted in these Terms of Use is prohibited. If you (or a legal entity for which you are an officer, director, employee, or other agent) own and operate a website or engage in other Internet activity, such as electronic commerce, communication, publishing and transmission, and want to download, post, publish, or use Materials for any such website or Internet activity, you will need permission from the Regional Center even if your website or Internet activity is free of charge.

Membership, Password, and Security

Your use of the Site may require you to register with the Regional Center. To register you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form.  When you register, you may be required to choose a username and password.  You are entirely responsible for maintaining the confidentiality of your username and password and are responsible for all activity under your username and password.  You may not use anyone else’s username or password and you must not permit others to use your user name or password.  Your access to the Site is limited to one user session; concurrent sessions using an identical username and password combination are prohibited.  You agree to notify the Regional Center immediately of any unauthorized use of your username and/or password or any other breach of these Terms of Use or the security of the Site.  We will not be liable for any loss that you may incur as a result of the misuse of a password or account, either with or without your knowledge.

Linking to Third Party Sites from the Site

The Site may contain links to other websites or resources not controlled by the Regional Center (“Linked Sites”).  Hyperlinks to other Internet resources are provided for your convenience.  You acknowledge and agree that the Regional Center is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Linked Sites or resources and shall not be liable, directly or indirectly, for any damage or loss caused by the use or reliance on such Linked Sites.  You access, use, and rely upon such Linked Sites at your own risk.

Linking to the Site from Third Party Sites

Any linking to areas of the Site other than the homepage is strictly prohibited without prior written consent by the Regional Center.  At any time, even after written consent is granted, we reserve the right to object to or request removal or correction of any link that is we determine in our sole judgment to be inappropriate or inconsistent with the Site’s image and reputation.  You shall not, and shall not authorize any other person to co-brand the Site or portion thereof, or frame the Site or portion thereof (whereby the Site or portion thereof will appear on the same screen with a portion of another site). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or Material accessible through the Site.  You agree and acknowledge that we must grant written consent before deep-linking, framing, co-branding, or other activity impacting the access to or the use of the Site is performed.  Failure to obtain such consent may result in an infringement claim or other legal action being brought.  You agree to cooperate with the Regional Center in causing any unauthorized deep-linking, framing, co-branding, or other activity impacting the access to or the use of our Site to immediately cease.

Disclaimer of Warranties

You agree and acknowledge that neither the regional center, nor any third-party content provider, makes any warranty whatsoever, including without limitation: that the operation of the site will be uninterrupted or error-free; that defects in the site will be corrected; that the site, including the server that makes it available, is free of infection, viruses, worms, trojan horses, or other harmful components or other code that manifest contaminating or destructive properties; as to the results that may be obtained from use of the materials on the site; or as to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided on or accessible from the site or as to any information, products, or services on the internet in any way.

In addition, the regional center does not assume any responsibility or risk for your use of the internet. We provide the site “as is” and “as available” and without any warranty or condition, express, implied or statutory, as to the operation of the site, the accuracy, reliability, completeness, or timeliness of the content or materials included on the site, or otherwise. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the fullest extent permitted by law.

You agree that your use of the site is at your sole risk. You agree that the regional center shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the site. You agree that the regional center is not responsible or liable for any threatening, defamatory, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. No advice or information, whether oral or written, obtained by you from the regional center shall create any warranty not expressly stated in this agreement.

Limitation of Liability

In no event shall the regional center, its affiliates, related companies, members, managers, officers, directors, employees, or other agents, consultants, or content providers be liable for any direct, indirect, special (including loss or revenue or income, pain and suffering, emotional distress, or similar damages), incidental, punitive, or consequential damages arising out of or related to the use, inability to use, authorized use, performance, or nonperformance of the site, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, even if the regional center was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, under statute, in equity, at law, or otherwise. If you are dissatisfied with any portion of the site, or with any of this agreement, your sole and exclusive remedy is to discontinue using the site.

Indemnification

You agree to defend, indemnify and hold the Regional Center and its affiliates, related companies, directors, officers, employees, shareholders, successors or heirs (the “Protected Entities”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, or your breach or violation of the law or of these Terms of Use.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Termination

You agree that the Regional Center, in its sole discretion and without notice, may terminate your password, account (or any part thereof) or access to or use of the Site or any portion thereof, and remove and discard any content within the Site, at any time and for any reason, including, without limitation, if the Regional Center believes that you have violated or acted inconsistently with these Terms of Use.  The Regional Center reserves the right to prohibit or restrict access to the Site to anyone at any time, with or without cause.  The Regional Center may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, temporarily or permanently, without notice, at any time, for any reason.  You agree that the Regional Center shall not be liable to you or any third party for any termination of your access to the Site or for any modification, suspension or discontinuation of the Site.

General

These Terms of Use are governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New York City, New York, U.S. in all disputes arising out of or relating to the use the Site.

These Terms of Use were last modified on October 31, 2018.

PRIVACY POLICY

What does this privacy policy cover?

Lightstone New York Regional Center LLC (the “Regional Center”) believes strongly in protecting your privacy and the confidentiality of your Personal Information (as defined below).  We acknowledge that you may have privacy and security concerns.  This Privacy Policy (this “Policy”) explains how we may use or disclose information that we obtain from or about you through your use or in connection with your use of our website.  For the purposes of this Privacy Policy, the term “website” identifies all web pages that link to this Policy (each referred to as a “Site”)

If you have any questions or concerns, please contact us at info@eb5Lightstone.com or writing to us at:

Lightstone New York Regional Center, LLC

805 Third Avenue – 7th Floor

New York, NY 10022

IMPORTANT TERMS USED IN THIS POLICY:

As used in this Policy, the term: (a) “Affiliate” means, as to any person or entity, any other person or entity that, directly or indirectly, is in Control of, is Controlled by or is under common Control with such person or entity; (b) “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management, policies or activities of the person or entity in question, whether through ownership of voting securities, by contract or otherwise; and (c) “the Regional Center Parties” means the Regional Center and all of its Affiliates;

PERSONAL INFORMATION WE MAY COLLECT:

Generally, “Personal Information” means any combination of information, in the possession of or likely to come into the possession of a Regional Center Party that can be used to identify, contact, or locate a discrete individual.  Personal information may include your name and contact information, like your mailing address, phone number, user or login name, password, or email address.  Personal information may also include any written text or communications, notes, or inquiries that you provide either on our website or by e-mail communication directly or indirectly with Regional Center Parties.  Personal information may further include voice recordings or like audio media.

If you request information from Regional Center Parties, you may voluntarily submit your name, e-mail address, the name of your organization, and any other necessary contact information so they may send you the material you have requested, and to enable us to identify if you are an existing service provider or investor of one or more Regional Center Parties.

If you register with a Site, or request a service available on a Site, we may ask you for your name, e-mail address, country, telephone number and the reason for your communication, as well as information about your position and organization and such other information as is reasonably necessary so that we can provide you with the requested information or service.  On the data submission form, we will indicate by way of an asterisk, which information is optional and which information is mandatory.  This information can include:

  • Information you provide on applications or other forms, which may include your name, address, email address, and credit card numbers;
  • Information we acquire from and/or transfer to other persons (such as government agencies) to verify your identity and the accuracy of the information you have provided and for other related purposes; and
  • Information about you received from Regional Center Parties, another intermediary, a third party providers and others which are necessary for the provision of our services.

If you submit content regarding any of the information that you view on a Site, we may ask for your name and e-mail address, so that, if you choose, we can update you by e-mail when others also comment on the content.  You should be aware that the information you provide there will be made publically available to Regional Center Parties employees and other users of a Site.

HOW DO WE COLLECT PERSONAL INFORMATION:

When using the Sites or doing business with Regional Center Parties, you may choose to voluntarily provide Regional Center Parties with information to help one or more Regional Center Parties serve your needs.  The Personal Information that we collect will depend on how: (1) you choose to use the Sites; (2) what Personal Information you share with a Regional Center Party outside of the Sites; and (3) what information the Regional Center Parties generate about you as an investor in a Regional Center Party (if applicable).  Regional Center Parties may require you to voluntarily provide Personal Information that we use to facilitate all of these features.  In some cases, Regional Center Parties may receive your personal information through third-party job services.

HOW DO WE USE YOUR PERSONAL INFORMATION:

Regional Center Parties collect, use and disclose your Personal Information in its normal course of business in order to:

  • Establishing and maintaining communications with you;
  • Where you have requested information from any of the Regional Center Parties, assisting you in the completion of your request and the assessment of your eligibility for any such request;
  • Responding to your inquiries about the Regional Center Parties’ properties or services;
  • Managing, and making available information about, your investment with a Regional Center Party (if applicable);
  • Managing, and making available information about, your relationship with a Regional Center Party (if applicable);
  • Allowing the Regional Center Parties to notify you of certain products or services offered by one or more Regional Center Parties;
  • Meeting legal, security, processing and regulatory requirements;
  • Protecting against fraud, suspicious or other illegal activities; and
  • Compiling statistics for analysis of the Sites and our business.

You consent to these processes by providing your personal information to Regional Center Parties.  You may update your Personal Information or “opt out” from receiving certain communications and correspondence from us at any time through email correspondence sent to info@eb5Lightstone.com.

RETENTION OF YOUR PERSONAL INFORMATION:

Regional Center Parties will retain your personal information as long as necessary to fulfill respective processes, as well as to fulfill any obligations under applicable law.

RIGHTS OF DATA OWNERS IN AND TO THEIR PERSONAL INFORMATION:

 Where applicable law requires (and subject to any exceptions), you may have the right to request Regional Center Parties to provide you with your personal information or to delete your personal information that is held by them.  You may also have the right to restrict or object to use or processing of your personal information.  You may exercise these rights by contacting us through email sent to info@eb5Lightstone.com.

DISCLOSURE AND ACCESS TO PERSONAL INFORMATION:

Regional Center Parties consider your use of the website to be private.  However, Regional Center Parties may access or disclose information about you and/or the content of your communications with them, in order to: (1) comply with the law or legal process served thereon; (2) enforce and investigate potential violations of this Privacy Policy or other terms of use, including use of this site to participate in, or facilitate, activities that violate the law; (3) protect the rights, property, or safety of Regional Center Parties, employees, customers, or the public; (4) as required by a legally valid request from a competent governmental authority; or (5) respond to claims that any content violates the rights of third-parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request.

From time to time, Regional Center Parties may share Personal Information among themselves for research and statistical purposes, system administration, joint marketing, providing you services or information, and crime prevention or detection.

Regional Center Parties may also disclose information to select third parties or business partners, provided that such third parties agree to keep your Personal Information confidential and secure, to comply with the provisions of this Privacy Policy, and to only use and disclose your Personal Information for purposes that a reasonable person would consider appropriate in the circumstances and generally (1) to provide the information and services you have requested from us; (2) to notify you or allow our Affiliated companies to notify you of certain products or services offered by our affiliated companies; or (3) to process transactions through data processing service providers.  In addition, generally, Regional Center Parties may provide your Personal Information to lawyers, accountants, tax consultants, and employees, for the purpose of conducting business and providing you with information.

As we continue to develop our business, Regional Center Parties may sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if a Regional Center Party itself or substantially all of a Regional Center Party’s assets were acquired, your Personal Information may be one of the transferred assets.   Therefore, we may disclose and/or transfer your Personal Information to a third party purchaser in these circumstances.

You consent to the access and disclosures outlined in this section.

NON-PERSONAL INFORMATION WE MAY COLLECT:

“Non-Personal Information” means any information which cannot be used to identify a discrete individual (such as aggregated statistical information).  Non-Personal information may include  Website Navigational Information, for example, standard information from your web browser (such as browser type and browser language), the operating system that you are running, your Internet Protocol (“IP”) address, the actions you take on a Site (such as the web pages viewed and the links clicked), how long you viewed a certain page, and information about the website you accessed immediately before you accessed our website.

Regional Center Parties may aggregate your Non-Personal Information with the Non-Personal Information of other users of the website or of other Non-Personal Information collected offline.  Regional Center Parties also may collect anonymous aggregated information, like general traffic patterns within the website, to help maintain the flow and content of the website.  Any and all of this Non-Personal Information may be used to support Regional Center Parties commercial, marketing, and customer service activities, or for any other reason.

COOKIES:

Regional Center Parties may obtain Non-Personal Information from your use of the website and through the use of commonly-used information-gathering tools.  These tools may include “Cookies,” which are pieces of information shared between your web browser and a website.  Use of cookies enables a faster and easier experience for the user.  A cookie cannot read data off your computer’s hard drive.  For information on cookies, please refer to www.aboutcookies.org.

There are different kinds of cookies with different functions:

Session cookies: These are only stored on your computer during your web session. They are automatically deleted when the browser is closed.  They usually store an anonymous session ID allowing you to browse a website without having to log in to each page. They do not collect any information from your computer.

Persistent cookies: A persistent cookie is one stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again.

First-party cookies: The function of this type of cookie is to retain your preferences for a particular website for the entity that owns that website. They are stored and sent between a Regional Center Party’s servers and your computer’s hard drive. They are not used for anything other than for personalization as set by you. These cookies may be either Session or Persistent cookies.

Third-party cookies: The function of this type of cookie is to retain your interaction with a particular website for an entity that does not own that website. They are stored and sent between the third-party’s server and your computer’s hard drive. These cookies are usually Persistent cookies.

We use generally cookies as follows:

Functionality.  Some cookies allow our Sites to remember choices you make (such as your user name, language or the region you are in) and provide enhanced features. For instance, a Site may be able to remember your log in details, so that you do not have to repeatedly sign in to your account when using a particular device to access our Sites. These cookies can also be used to remember changes you have made to text size, font and other parts of web pages that you can customize. They may also be used to provide services you have requested such as viewing a video or commenting on an article. The information these cookies collect is usually anonymized.  They do not gather any information about you that could be used for advertising or remember where you have been on the internet.

Performance Some cookies collect information about how visitors use a Site, for instance which pages visitors go to most often, and if they get error messages from web pages.  They also allow us to record and count the number of visitors to a Site, all of which enables us to see how visitors use a Site in order to improve the way that the Site works.  The information these cookies collect is normally anonymous and is used to improve how our Sites works. However, some of these cookies may include Personal Information.  Please consult your web browser’s ‘Help’ documentation or visit www.aboutcookies.org. for more information about how to turn cookies on and off for your browser.

Marketing.  These cookies are used to deliver content relevant to your interests on a Site and third party sites based on how you interact with our advertisements or content.

WEB BEACONS

Other tools include “Web Beacons,” which are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Site tied to the web beacon, and a description of a Site tied to the web beacon. Regional Center Parties may use web beacons to operate and improve the Sites and e-mail communications.  Web Beacons can be used alone or in conjunction with cookies to compile information about users’ usage of a Site and interaction with e-mails.  Regional Center Parties may use information from web beacons in combination with other data we have about our clients to provide you with information about one or more Regional Center Parties and our services.  Regional Center Parties may conduct this review on an anonymous basis.

GOOGLE ANALYTICS

Some or all of the Sites may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics uses cookies to help websites analyze how users use the site. The information generated by the cookie about your use of a Site (including your IP address) will be transmitted to and stored by Google on servers in the United States.  Google will use this information for the purpose of evaluating your use of the applicable Site, compiling reports on website activity, and providing other services relating to website activity and internet usage for a Regional Center Party.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of a Site.  By using a Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

CALIFORNIA’S “SHINE THE LIGHT” LAW

California Civil Code Section 1798.83 requires any operator of a website to permit its California-resident customers to request and obtain from the operator a list of what personal information the operator disclosed to third parties for direct marketing purposes, for the preceding calendar year; and the addresses and names of such third parties. The Regional Center does not share any personal information collected from this site with third parties for their direct marketing purposes.

SAFEGUARDS

Regional Center Parties have in place reasonable safeguards appropriate to the sensitivity of the information they maintain.  Safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Information. They include physical, technical and managerial measures to keep Personal Information protected from unauthorized access. Note that due to the nature of the Internet and related technology, we cannot absolutely guarantee the security of Personal Information disclosed over the Internet, and the Regional Center Parties expressly disclaim any such obligation.

EXTERNAL LINKS

The website may contain third-party links that provide access to other websites, not maintained by Regional Center Parties or affiliates.  If you click on these third-party links, you will be directed from our website to another external website, which Regional Center Parties have no control over and assume no responsibility for the content, privacy policies, practices, or services.  Your use of any external website is not governed by this privacy policy.

CHILDREN’S PRIVACY:

Regional Center Parties do not knowingly solicit, collect, or retain information from any individuals who are under fourteen (14) years of age.  If they learn that we have obtained personal information of a child under 14, we will take steps to delete the information as soon as possible.

POLICY REVISIONS:

Regional Center Parties reserves the right to revise this Privacy Policy from time to time in our discretion.  If Regional Center Parties make modifications, they will post the revised Privacy Policy on the website, which will take effect immediately upon posting. It is your responsibility to periodically review this Privacy Policy.