Access to and use of this Website is subject to the following Terms and Conditions. By proceeding beyond the homepage you agree to be bound by such Terms and Conditions. We may revise these Terms and Conditions from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms and Conditions as amended.
Privacy Policy
We recognise that your privacy is important and are committed to protecting your personal information. Any personal information sent to this Website is subject to our Privacy Statement. For further information on Privacy Statement please navigate to the Privacy link contained on this Website.
Accuracy, completeness and timeliness of information
While we provide the information that we make available on this website in good faith, we are not responsible if the information is not accurate or complete. Any reliance upon the material on this Website will be at your own risk. Information that we make available on this Website is subject to change without notice. It is your responsibility to monitor any changes to the material and the information contained on this Website.
Intellectual property rights
All copyright and other intellectual property rights in all text, images and other materials on this Website (“Content”) are the property of the Owner or are included with the permission of the relevant owner.
You are permitted to browse this Website, reproduce extracts by way of printing for personal use, downloading to a hard disk or for the purposes of distribution to other individuals, provided that you keep intact all copyright and other proprietary notices. No reproduction of any part of this Website may be sold or distributed for commercial gain nor can it be modified or incorporated in any other work, publication or website. Except as expressly stated otherwise, nothing on this Website should be construed as granting any licence or right to use any copyright or other intellectual property right in the text, images and other materials on this Website.
The trade marks, logos, characters and service marks displayed on this Website belong to the Owner or have been included with the permission of the relevant owner. Nothing on this Website should be construed as granting any licence or right to use any trade mark displayed on this Website. Your use or misuse of the trade marks displayed on this Website, or on any other Content on this Website, except as provided for in these terms and conditions, is strictly prohibited.
Links
This Website may contain links to other websites. The links are provided in good faith and the Owner accepts no responsibility for the availability, content, accuracy or function of these other websites. The inclusion of any link to other websites does not imply endorsement by the Owner . For information about any linked website, you should read the legal and privacy notices posted at that site.
Disclaimers
Your use of this Website is at your sole risk.
Unless expressly stated otherwise, information that we make available on this Website is not an offer or solicitation for the purchase of securities, units or investments. Any potential offering described in this Website will only be made to entities or persons who may receive such an offering or who are able to make an offer under applicable laws. Information on this Website does not constitute an offer of securities for sale in the United States. Securities may not be offered or sold in the United States unless they are registered under the US Securities Act of 1933 or an exemption from registration is available.
Where we provide any information (or general advice) on this Website, it has been prepared without considering your objectives, financial situation or needs. Before acting on any information on this Website, you should consider its appropriateness to your circumstances and read any relevant disclosure and/or offer documents and take any appropriate advice before acquiring any products named on this Website.
Past performance of any product described on this Website is not a reliable indication of future performance.
Warranties
This Website is provided to you on an “As Is” and “As Available” basis. To the maximum extent permitted by law, the Owner gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including warranties or representations that this Website or any data, information, advice, opinion, service or product provided, obtained or generated by or through this Website will be complete, accurate, reliable, timely, or non-infringing to third parties; that access to this Website will be un-interrupted or error-free; that this Website will be secure; and any representations or warranties thereto are expressly disclaimed.
We reserve the right to restrict or terminate your access to this Website, any feature of this Website or any part thereof at any time.
Liability
To the extent permitted by law, the Owner does not accept liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever (including loss of profits, revenue or goodwill) arising out of your access to, use of or inability to use or access this Website or any change in content of this Website, or arising from any other website you access through a link from this Website or from any actions we take or fail to take as a result of any electronic mail messages you send us.
To the extent permitted by law, the Owner does not accept any liability or responsibility to maintain the material and services made available on this Website or to supply any corrections, updates, or releases in connection with such materials and services.
The Owner has no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Website. You download material from this Website at your own risk.
If applicable law implies terms which cannot be lawfully excluded, restricted or modified, then those terms will apply and, to the extent to permitted by law, the Owner’s liability will be limited at its option to (a) in the case of services, resupplying the service or payment of the cost of resupply; and (b) in the case of goods, replacing or repairing the goods or payment of the cost of repair or replacement.
Prohibited use
You can only use this Website for lawful purposes and must comply with all applicable local, state, national and international laws and regulations that relate to your use of this Website. You are prohibited from posting on this Website any unlawful, harmful, abusive, threatening, harassing or defamatory material of any kind. You are also prohibited from disrupting or interfering with, or making attempts to disrupt or interfere with this Website or other user’s enjoyment of this Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to this Website. We also reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
Transmitted information
Any non-personal information, communication or material you transmit to this Website (including data, suggestions, questions, comments etc.) will become the property of the Owner and will not be treated as confidential by the Owner. We may use all such information, communications and materials without obligation to you.
Governing Law
Except as provided below for US Residents, these Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia.
Defined Terms
These Website Terms and Conditions apply to the domain name www.www.thestationeastvale.com (“Website”) which is operated by Goodman Limited (ABN 69 000 123 071) and Goodman Funds Management Limited (ABN 48 067 796 641; AFSL 223621) as responsible entity for Goodman Eastvale Trust.
For US Residents:
US RESIDENTS, PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND INCLUDES AN ARBITRATION CLAUSE, CLASS ACTION WAIVER AND JURY TRIAL WAIVER. These terms and conditions for US Residents supplement the terms set forth above, and to the extent of any conflict therewith, the terms and conditions below shall prevail and control.
Choice of Law / Forum: For US Residents, these Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of California, without application of conflict of law rules. You hereby agree that any action at law or in equity which arises out of or relates to these Terms and Conditions shall be filed only in the state and federal courts located in Orange County, California and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You specifically agree You will not object to such jurisdiction or venue on the grounds of a lack of personal jurisdiction, inconvenient forum or otherwise.
Class Action and Jury Trial Waiver: To the fullest extent permitted by law, in any action or proceeding commenced to enforce any right or obligation of the parties to these Terms and Conditions, Your use of the webpage or concerning the subject matter of this website, the parties hereby waive their rights to have a trial in front of a jury and elect instead that any dispute shall be resolved only by a judge. In addition, to the fullest extent permitted by law, You and Owner agree that each party may bring claims against the other party only in Your and our individual capacity, and not as a plaintiff or class member in any purported class, representative or private attorney general proceeding.
Election of Arbitration: By your use of the Website, you agree that this arbitration and waiver of class action clause (“Arbitration Clause”) governs all disputes (other than claims which may be brought in small claims court) which may arise out of, affect or relate to the Website, your relationship with Owner and all services and materials we have provided or will ever provide or offered to provide, which are threatened, filed or initiated (each, a “Claim”). All Claims, at the election of either you or us, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its rules for arbitration of commercial disputes and supplementary procedures for online aribitration, whether or not the Claim arise in contract, tort or otherwise. The rules for arbitration of commercial disputes can be found at: www.adr.org and these rules shall apply, without limitation, in the selection of the arbitrator. Either party can elect to resolve any Claim through arbitration, even if the party has already commenced litigation of the Claim; such election shall be made by making a written demand for arbitration on the other party, or initiating arbitration against the other party, or filing a motion to compel arbitration in court. Accordingly, if You or Owner elect binding arbitration for the resolution of a Claim, You will give up your right to assert or defend Your Claim and rights in court, except for Claims which may be brought in small claims court. To the fullest extent possible, this Arbitration Clause shall be interpreted and enforced in accordance with the Federal Arbitration Act, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claim(s). In any such arbitration, a single arbitrator shall resolve all Claims of a party, however, if the rules of the AAA conflict with the provisions of this Arbitration Clause, the provisions of this Arbitration Clause shall prevail and control. All claims and defenses that could be raised in court may be raised and asserted in the arbitration and the arbitrator may order any remedies which a court could order with respect to a Claim, subject to the limitation on remedies below. Any arbitration shall be conducted, at Owner’s election, either electronically, or in person, within 50 miles of Your residence at the time arbitration commences. The arbitrator’s award may be entered as a judgment in court, and the arbitrator’s award is not reviewable by courts or appealable to courts, except as otherwise required by law. Each party will pay ½ of the arbitrator’s fees, and You will be responsible for your own attorneys fees and costs. This Arbitration Clause does not preclude you or us from applying to a court for emergency provisional relief, such as temporary restraining order, temporary protective order, an attachment or other pre-judgment remedy. Solely the arbitrator shall be empowered to determine whether this Arbitration Clause is valid and enforceable in whole or in part, except a court shall be empowered to determine if the class action waivers found in these Terms and Conditions is enforceable. Your election to opt out of this Arbitration Clause is not valid unless it is made in a signed writing to Goodman, 3333 Michelson Drive, Suite 1050, Irvine, California, 92612, Attention: Legal Affairs, within 60 days of when these Terms and Conditions containing this Arbitration Clause were first provided to you, failing which your opt out shall be deemed not to be effective and you will be deemed to have agreed and consented to this Arbitration Clause. If You are a tenant / lessee or licensee at one of Goodman’s properties, this Arbitration Clause shall not apply to any matter relating to your lease or license agreement, including without limitation any action for unlawful detainer, summary ejectment or other summary eviction proceedings.
Miscellaneous: The Website is offered and available only to users who are 18 years of age or older. The Website is provided solely for informational purposes and may not be virus or error free. All copyright and other intellectual property rights in all text, editorial content, images, database, page design, operating software, graphics, maps, logos, trademarks, information, and other materials on this Website and the website itself are the property of the Owner or are included with the permission of the relevant owner and are protected by applicable laws on author’s rights, copyrights, trademarks, service marks, patents and other proprietary rights. Any license provided above with respect to the Website is subject to your compliance with these Terms and Conditions and is a personal, non-exclusive, world-wide, non-transferable limited and revocable license to enter and use the Website only for personal use on any computer or mobile device, for Your duration of use of the Website. All license rights granted to You shall automatically and immediately cease upon the expiration or termination of these Terms of Use (including, without limitation, upon Owner’s termination of Your use of the Website or your ceasing to use the Website). Except for any licenses and rights expressly granted under these Terms and Conditions, no licenses or rights are granted by Owner (or any of its affiliates) to you hereunder, whether by implication, estoppel or otherwise and all such other licenses and rights are reserved. Owner (or the owner of any intellectual property licensed to Owner) retains all intellectual property rights in and to the Website and all related documentation interest (including, without limitation, all copyrights, patents, service marks, trademarks and other intellectual property rights). To the extent permitted by law, Your continued access to the Website is your acceptance of the Terms and Conditions as they may be revised and/or updated. Your right to access and any feature or part of the Website may be suspended, modified, or terminated by Owner at any time. The latest version of these Terms and Conditions is the latest one posted on the Website and Owner may revise the Terms and Conditions from time to time and you will be notified by the ‘last updated’ date set forth above. You authorize us to transfer, assign or delegate any of rights and obligations under these Terms and Conditions to any third party, from time to time. You may not assign any of Your rights and privileges under these Terms and Conditions, or delegate any of your duties or obligations thereunder without the prior written consent of Owner and purported assignments which breach this provision shall be null and void. If any portion of these Terms and Conditions is determined to be invalid, void or for any reason unenforceable, these Terms and Conditions shall be deemed severable and the remaining portion thereof shall remain in effect and in force. These Terms and Conditions, including without limitation any other terms referenced therein and hereby incorporated by reference, as updated from time to time, contain the entire understanding and agreement between You and Owner and supercede any and all prior or inconsistent understandings relating to the Website. These Terms and Conditions cannot be modified orally or terminated orally and provisions which must survive termination in order for Owner to enforce its meaning shall survive termination of these Terms and Conditions. Your use of the Website is subject to the Privacy Policy which is hereby incorporated into these Terms and Conditions. In making and performing these Terms and Conditions, the parties are acting and shall act as independent contractors. Neither party is, nor will be deemed to be, an agent, legal representative, joint venturer or partner of the other party for any purpose.
Limitation on Damages: To the fullest extent permitted by applicable law, Owner’s sole obligation and Your sole remedy with respect to any failure of the Website to substantially conform to its published documentation is for Owner to use commercially reasonable efforts to remedy any such failure as soon as is reasonably practicable, and if such failure is not remedied in a reasonable time, for You to terminate Your use of the Website. Owner does not represent, warrant or otherwise guarantee: (a) the reliability and suitability of the Website; (b) the effectiveness, suitability or reliability of communicated information (including any data provided through the Website); (c) that the Website will work without interruption or that it will be free of errors, viruses or other harmful components; (d) outcomes resulting from your use of, or information upon, the Website; or (e) that the information available on or through the Website is comprehensive, correct, up to date or exhaustive. EXCEPT AND SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL OWNER BE LIABLE FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER ANY THEORY OF TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH PARTY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. The aggregate liability of Owner for any and all claims arising under or in connection with these Terms and Conditions or its subject matter shall not exceed $300. Solely to the extent any laws prohibiting limits on implied warranties or exclusion or limitation of certain damages apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights