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Web Site Terms of Use

Welcome to the Larkin Hospitality Finance ("Larkin") web site (the "Web Site"). Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions (the "Terms"). If you do not agree with these Terms, please do not use this Web Site.

GENERAL USE PROVISIONS

All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Larkin or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Larkin and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Larkin or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without Larkin's prior express written permission.

Except where expressly provided otherwise by Larkin, nothing on this Web Site shall be construed to confer any license under any of Larkin's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Larkin. Larkin does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Larkin.

Larkin hereby grants you permission to display, copy, distribute and download Larkin's Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

LINKS TO THIRD PARTY SITES

This Web site may contain links to web sites controlled by parties other than Larkin. Larkin is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Larkin is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Larkin of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

THIRD PARTY PUBLICATIONS

Larkin has not co-authored, ratified, endorsed or adopted the information contained in this any publications referenced on this web site by publishing it herein.

THIRD PARTY STATISTICS

Larkin has not co-authored, ratified, endorsed or adopted any statistics provided by third parties by publishing them on this web site.

SUBMISSIONS

Except where expressly provided otherwise by Larkin, all comments, feedback, information or materials submitted to Larkin through or in association with this Web Site ("Submissions") shall be considered non-confidential and Larkin's property. By providing such Submissions to Larkin, you agree to assign to Larkin, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Larkin shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Larkin, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Larkin, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND Larkin HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Larkin MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

LIMITATION OF LIABILITY

Larkin SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL Larkin BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF Larkin HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST Larkin FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD Larkin HARMLESS FROM, AND YOU COVENANT NOT TO SUE Larkin FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

GENERAL

This Web Site may include inaccuracies or typographical errors. Larkin and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. Larkin may periodically make changes to the Web Site. Any action related to these Terms will be governed by the Commonwealth of Virginia law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Larkin has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Larkin.

INTELLECTUAL PROPERTY NOTICES

Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by Larkin.

Larkin, the Larkin logo, and/or other Larkin products referenced herein are trademarks of Larkin Hospitality Finance., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

Copyright © 2007 Larkin Hospitality Finance LLC. All Rights Reserved.

LEGAL CONTACT INFORMATION

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the Larkin Legal Department.