Website Terms
Effective Date: April 9, 2024
These Terms and Conditions of Use (the “Terms”) apply to the website owned, operated, and maintained by or on behalf of MSL Community Management, LLC, and its affiliates, including MBK Industrial Properties LLC (collectively, “MBK” or “we” or “us”) and the products, content, services data, software, and tools accessed or made available through MBK’s website (the “Site). In the event of a conflict between these Terms and any signed contract between you and MBK, or its affiliates, the signed contract shall control to the extent of such conflict.
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS OF USE CAREFULLY.
THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE THE SECTION ENTITLED “DISPUTE RESOLUTION – ARBITRATION AND CLASS ACTION WAIVER” BELOW).
Please read the Terms carefully before you start to use the Site. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY AND ANY POLICIES OR ADDITIONAL TERMS REFERENCED HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITE.
These Terms govern your access to and use of the Site, including any content, functionality, services offered on the Site. By using the Site, you agree to be bound by these Terms, as they may be amended or updated from time to time, as further described below. These Terms do NOT govern any agreement with you for MBK’s consumer or client services, which is subject to a separate agreement.
MBK reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. YOUR CONTINUED USE OF THE SITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITE. If you comply with these Terms, MBK grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
2 Use of the Site
The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
MBK reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The Site is not designed or intended to collect information from children under the age of 16. MBK does not knowingly collect or maintain any information from children under the age of 16. The Site is not designed with the purpose of attracting any person under age 16. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, if you are under the age of 16, you should only use the Site with the involvement of a parent or guardian.
The Site is not directed at any person in any jurisdiction where (by reason of nationality, residence or otherwise) the access to or availability of the Site is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. MBK reserves the right to limit access to the Site to any such persons. Persons who access the Site do so on their own initiative and are responsible for compliance with applicable law. If in doubt, you should seek independent legal advice.
2.4 No Reliance
MBK’s Site provides no information which can be used for investment and/or transactional decisions. The Content is provided for information only and is of a general and approximate nature and it is not intended to amount to, nor is, information or advice on which you should rely. In particular, the Content does not constitute professional, financial or investment advice. Professional or specialist advice should be obtained before taking, or refraining from, any action based on the Content. MBK is not acting, nor is it seeking to act, as a broker or dealer in respect of any securities of any companies or the information concerning such companies.
3 User Conduct
3.1 Prohibited Uses of the Site
Your use of the Site is subject to restrictions intended to protect the rights of MBK and others. You may not use the Site or any Site Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of MBK or others. You also agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. The following actions are prohibited by MBK unless specifically authorized in writing.
- Using any deep-linking, data scraping, robot, web crawler or “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Site Content.
- In any way reproducing or circumventing the presentation of the Site or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
- Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any MBK server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
- Probing, scanning, or testing the vulnerability of the Site or any network connected to the Site, or breaching the security or authentication measures on the Site or any network connected to the Site.
- Forging headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to MBK on or through the Site or any service offered on or through the Site.
- Engaging in activities that are or are reasonably likely to cause unreasonable or disproportionately large impact to the Site infrastructure or MBK’s systems or networks, or any systems or networks connected to the Site.
MBK reserves the right to bar and/or prevent any prohibited use of the Site.
3.2 Your Submissions to the Site
Any content, information, or materials you submit, post, or upload to the Site (“User Submissions”) are subject to the following terms:
- Ownership. Unless otherwise explicitly stated, you retain all your ownership rights in your User Submissions. However, by submitting the User Submissions to the Site, you hereby grant MBK a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and MBK’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
- User Responsibility. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions as described herein.
- Prohibited Content. You agree not to submit any content that is unlawful, defamatory, libelous, obscene, or that infringes on the intellectual property rights of any third party.
- Security. While MBK employs reasonable security measures to protect your User Submissions, we cannot guarantee absolute security. You submit User Submissions at your own risk.
All content including text, graphics, images, music, software, and other materials contained on the Site are the copyrighted works of MBK, its licensors, or authorized third parties protected by U.S. and international copyright laws. Users are granted a limited license to access and use the Site content for personal and non-commercial purposes only. Users may not reproduce, distribute, modify, republish, download, or use Site content for any other purpose without the express prior written permission of MBK. The selection, arrangement, taxonomy, and look and feel of Site content is the exclusive intellectual property of MBK and is protected by copyright and other laws.
The trademarks, logos, service marks, trade names, and trade dress (collectively, “Trademarks”) displayed on the Site are either registered or unregistered Trademarks of MBK, its affiliates, or third parties who have authorized their use. You may not use any Trademarks displayed on the Site without the express written permission of MBK or the applicable third-party owner. Unauthorized use of Trademarks appearing on the Site would violate U.S. and/or international trademark laws and could result in legal action.
All software used to create or provided on the Site, including but not limited to code, images, audio, text, layouts, arrangements, displays, illustrations, artwork, graphics, html designs, cascading style sheets, and audio-visual files, is the property of MBK, its software suppliers, or licensed third parties protected by copyright and other intellectual property rights laws. Users may not circumvent any digital rights management or other protective features of Site software.
For purposes of these Terms, “Site Content” includes any materials, content, or information contained or displayed on the Site, including text, graphics, logos, button icons, images, audio clips, information, data, feedback, software, and other intellectual property accessible through the Site. Users may not use, reproduce, distribute, modify, or otherwise exploit any Site Content without the express written permission of MBK. Any unauthorized use of Site Content violates MBK’s intellectual property rights.
We welcome any feedback, ideas, comments, recommendations, or other information you choose to provide related to the Site or Services. By submitting feedback, you grant Company a perpetual, worldwide, unlimited, royalty-free license to use, exploit, reproduce, incorporate, distribute, and sublicense any feedback for any purpose, without any obligation or compensation to you. However, you retain ownership of any intellectual property rights you may have in such feedback content.
Your use of this Site is subject to MBK’s current Privacy Policy as posted on the Site and updated from time to time. The Privacy Policy is incorporated into these Terms by this reference. You can review the current version of the Privacy Policy by clicking here.
We strive to protect your information, but no data transmission over the Internet can be guaranteed to be completely secure. By using this Site, you acknowledge and accept the inherent risks associated with online data transmission. While we take reasonable precautions, MBK cannot be held responsible for any interception, interruption, or other issues that may occur. You agree to waive any claims against MBK related to the security of your data while using this Site.
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under MBK’s control, and MBK is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
6.2 Third-Party Products and Services
The Site may feature, promote, or reference products, services, or content from third parties (“Third-Party Content”). This Third-Party Content is not under the control of MBK, and MBK is not responsible for the quality, accuracy, reliability, or any other aspect of these Third-Party Content. The inclusion or promotion of Third-Party Content on the Site does not imply endorsement by MBK. You engage with Third-Party Content at your own risk and are solely responsible for any resulting transactions, interactions, or disputes.
MBK DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MBK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MBK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MBK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MBK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MBK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Except where prohibited by law, in no event will MBK be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if MBK has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, MBK is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, MBK’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against MBK (but not including the purchase price for any MBK hardware or software products, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
MBK may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MBK’s rights or property, or the rights or property of visitors to or users of the Site, including MBK’s customers. MBK always reserves the right to disclose any information that MBK deems necessary to comply with any applicable law, regulation, legal process, or governmental request. MBK also may disclose your information when MBK determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that MBK may preserve any transmittal or communication by you with MBK through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or MBK determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of MBK, its employees, users of or visitors to the Site, and the public.
You agree that MBK may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to MBK, for which monetary damages would be inadequate, and you consent to MBK obtaining any injunctive or equitable relief that MBK deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MBK may have at law or in equity.
If MBK does take any legal action against you because of your violation of these Terms, MBK will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MBK. You agree that MBK will not be liable to you or to any third party for termination of your access to the Site because of any violation of these Terms.
You agree that MBK may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
You agree to indemnify and hold MBK, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MBK by any third party due to or arising out of or in connection with your use of the Site.
10.1 Preliminary Dispute Resolution
For purposes of this Section, the term “Dispute” is to be given the broadest possible meaning that will be enforced and means any dispute, demand, claim, or controversy of any kind between you and MBK, whether based in contract, tort, statute, or otherwise, including but not limited to any claim for fraud, false advertising, misrepresentation, strict products liability, negligence, breach of contract, breach of express or implied warranties, or violations of consumer protection, privacy or data security laws, that arises out of or in any way relates to (1) these Terms; (2) our relationship (including any such relationship with affiliate third parties who did not sign this Agreement); (3) MBK products or services (excluding client services for which a we have entered into a separate agreement); and (4) advertising and other communications between you and MBK.
Most disputes can be resolved without resort to litigation or small claims court. For any Dispute, you and we agree that before taking any formal action to initiate litigation or a small claims suit we will contact the other in an attempt to resolve the Dispute. You will contact us at [email protected] and provide a brief, written description of the Dispute and your contact information. We will contact you at your contact information on file. You and MBK agree to use reasonable efforts to settle any Dispute directly and good faith negotiations shall be a pre-condition to either party initiating a small claims suit or arbitration.
10.2 Governing Law and Jurisdiction
All matters relating to a Dispute, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or Dispute shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of San Diego, although MBK retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
10.3 Injunctive Relief; Enforcement.
Notwithstanding the provisions of Section 10.1(Informal Resolution) and 10.2 (Governing Law; Jurisdiction), nothing in these Terms will prevent us from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
11 Miscellaneous
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. MBK reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
These Terms constitute the entire agreement between you and MBK regarding your use of the Site, and all other written or oral agreements or understandings previously existing between you and MBK with respect to such use are hereby superseded and cancelled.
11.4 Waiver; Course of Conduct; Third-Party Beneficiaries
MBK’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by MBK of any provision or any right it has to enforce these Terms, nor shall any course of conduct between MBK and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
11.6 Feedback and Information
If you have any questions, concerns or comments about the Website or this Terms of Use, please contact us at [email protected] or you can write to us at 4 Park Plaza, Suite 1700, Irvine, CA, 92614. For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.
Version 3.0 April 30, 2020
PLEASE READ CAREFULLY BEFORE CONTINUING TO ACCESS, BROWSE OR USE THIS WEBSITE
Welcome to the MBK Industrial Properties website (the “Website”). “MBK Industrial Properties” or “MBK” refers to the MBK family of companies which are owned by MBK Industrial Properties LLC, a Delaware limited liability company. Use of the Website is voluntary. Please carefully read this Terms of Use (the “Terms of Use”), which contains the terms and conditions for its use (“Terms”) before using the Website. By accessing, browsing and using the Website or providing any information to MBK via the Website, you indicate that you agree that the Terms apply to your use of the Website and your acceptance of the Terms contained in this agreement. The use of the Website is subject to the additional terms, disclaimers, caveats, and notices that may appear elsewhere on the Website.
You accept these Terms by accessing or using this Website in any manner, even if you do not create an account at this Website. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, we do not knowingly provide products or services to children under the age of 18. This Website is a general audience site that is not designed nor intended to collect personal information from children. You represent and warrant that you are at least 18 years of age and of legal competence to enter into this agreement. If you are using this Website on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on behalf of your employer.
THE SECTION OF THIS TERMS OF USE ENTITLED “BINDING ARBITRATION” CONTAINS A BINDING CLASS ACTION WAIVER. THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.
Acceptance of Terms
This Terms of Use is a legally binding agreement between you, any third party to whom you provide or allow access to the Website or who otherwise benefits from your use of the Website (collectively sometimes referred to herein as “you” or “your”), and MBK. By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by the Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to the Terms, then you are not authorized to access, browse or use the Website and you must discontinue use of the Website immediately. MBK may amend the Terms from time to time without notice to you, other than posting the amended Terms to the Website and changing the version number and date of the Terms of Use which is noted just below the first line of text that is the title of the Terms of Use. If you do not agree to the then-current Terms, you must immediately discontinue use of the Website. In addition, use of particular services or information on the Website may be subject to additional terms and conditions that will be available in connection with such services and information. Unless otherwise agreed to in writing between you and MBK, the Terms, as may be further amended, shall govern your use of the Website.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
Privacy Policy
Information that you provide to MBK via the Website is subject to our Privacy Policy. For more information, please read our full Privacy Policy.
Disclaimer of Warranties
The content provided on the Website is intended for informational purposes only and is not intended to constitute an offer or solicitation. MBK assumes no responsibility or liability for any actions taken as a result of using the Website, or for errors or omissions in the content of the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MBK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE WEBSITE.
ALTHOUGH MBK ATTEMPTS TO PROVIDE YOU WITH ACCURATE INFORMATION, THE WEBSITE IS INTENDED TO BE FOR INFORMATIONAL PURPOSES ONLY. PRODUCT AND OTHER INFORMATION, INCLUDING PRICING, AVAILABILITY, AND OTHER INFORMATION MADE AVAILABLE ON THE WEBSITE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU AND MAY NOT BE ACCURATE, COMPLETE, CURRENT OR RELIABLE.
MBK MAKES NO REPRESENTATION OR WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR EXPECTATIONS, (2) THE WEBSITE CONTAINS ACCURATE, COMPLETE, CURRENT, ADEQUATE, USEFUL, CORRECT, TIMELY OR RELIABLE INFORMATION, (3) MBK WILL UPDATE THE INFORMATION ON THE WEBSITE, (4) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (5) ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (6) THAT THE WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, ERRORS, HARMFUL COMPONENTS OR OTHER ISSUES OR LIMITATIONS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU. IN THAT EVENT, EXCEPT AS PROHIBITED BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE YOU FIRST ACCESS THE WEBSITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THIS DISCLAIMER OF WARRANTIES AND LIABILITIES APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS OR SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT MBK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (EVEN IF MBK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE; OR (3) ANY OTHER MATTER RELATING TO THE WEBSITE, AND WITHOUT REGARD TO WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE BASED IN CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE LIMITATIONS OF DAMAGES AND LIABILITY PROVIDED HEREIN ARE MATERIAL ELEMENTS OF THIS TERMS OF USE. YOU ACKNOWLEDGE AND AGREE THAT MBK WOULD NOT BE ABLE TO PROVIDE THE WEBSITE WITHOUT SUCH LIMITATIONS.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Product Information, Specifications, Pricing, Renderings
MBK’s product and other information posted to the Website are subject to change at any time and may not be accurate, complete, current or reliable. You should not assume that MBK has updated the information, materials or other content on the Website. No information or content provided on the Website shall be construed to be an offer or solicitation for sale. Any photographs or renderings of people in these materials do not depict racial preference.
MBK’s Proprietary Rights, Limited Licenses, Trademarks and Trade Secrets
You acknowledge and agree that any content used in connection with the Website, including any software accessible through the Website, contains MBK’s proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. “MBK”, “MBK Real Estate Companies”, “MBK Homes”, “MBK Senior Living”, “MBK Rental Living”, “MBK Industrial Properties” and all other MBK’s product and service names and design logos are trademarks and/or service marks of MBK and/or its affiliates (the “MBK Marks”). As between you and MBK, MBK shall own all right, title and interest in and to the MBK Marks. Subject to the Terms, MBK grants you a personal, non-transferable, non-commercial and non-exclusive right and license to use the Website. You are not permitted to (and may not allow any third party to) copy, modify, adapt, translate, lease, rent, loan, distribute, create a derivative work of, reverse engineer, disassemble, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website. You agree not to modify any software on the Website in any manner or form or to use modified versions of the software. Without MBK’s prior permission, you agree not to display or use the MBK Marks in any manner. MBK reserves all patent, copyright, trade secret, trade name, trademark, service mark, license and other proprietary rights related to the Website, its software and services and you shall not infringe upon or violate such rights.
The license provided herein shall automatically terminate on the date MBK decides to remove or terminate the Website. In addition, your license shall terminate immediately if you breach any of the Terms. MBK is entitled to enforce its rights under this Terms of Use by an action for damages or by specific performance, injunctive or other equitable relief. This Terms of Use does not limit any rights that MBK may have under trade secret, copyright, patent or other laws.
Termination
MBK, in its sole discretion, may terminate your license to use the Website for any reason without prior notice to you. You acknowledge and agree that MBK may immediately bar your further access to the Website. MBK will not be liable to you or any third party for any termination of your access and/or use of the Website.
Links
The Website may provide links to other World Wide Web sites or resources. MBK has no control over or responsibility for such websites and resources. You agree that MBK is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, terms and conditions, or other materials on or available from such websites or resources. However, we encourage you to read any applicable terms and conditions or privacy policies at such websites. MBK provides these links to you only as a convenience and providing such links does not constitute an endorsement by MBK of such websites or the content, products, advertising, or other materials presented on such websites, including any changes or updates thereto.
Fair Housing and Equal Opportunity
MBK is pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity. All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination.” Your state or local jurisdiction may impose additional requirements. We encourage and support affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, disability, familial status, or national origin.
Intellectual Property Claims
If you believe that your copyright has been infringed in any way by this Website, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MBK to locate the material;
iv) Information reasonably sufficient to permit MBK to contact you, such as an address, telephone number and e-mail address;
v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
vi) A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for this Website is:
MBK Real Estate Companies
Attn: Compliance Officer
4 Park Plaza, Suite 1700
Irvine, CA 92614
If you believe that your other intellectual property or publicity rights have been infringed in any way by this Website, please provide a detailed description of the alleged infringement for further investigation via e-mail to [email protected]. MBK’s actions in receiving, investigating, or responding to your e-mail shall not constitute MBK’s agreement or verification of your claim(s) nor any admission of liability therefor. MBK makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to your claim within any particular time.
Notices
Notices to you may be delivered by email, by U.S. mail, or by general notice on the Website. The Website may also provide notices of changes to the Terms or other matters by posting notices or links to notices to you on the Website. MBK is not responsible for keeping your email address, mailing address and/or phone number up to date and accurate.
Indemnification
You agree to defend, indemnify, and hold MBK, its officers, directors, employees, agents, licensors,and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or your use of this Website.
MBK reserves the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify MBK. You shall not settle any dispute subject to your indemnification under these Terms without written consent from MBK.
Records
Except to the extent required by applicable law and as set forth in the Privacy Policy, MBK has no obligation to store, maintain or provide to you any information that you provide to MBK.
General Information
The Terms and the Privacy Policy constitute the entire agreement between you and MBK and govern your use of the Website, superseding any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between you and MBK. You also may be subject to additional terms and conditions that are applicable to certain services on the Website. The Terms and the Privacy Policy do not alter the terms and conditions of any other written or online agreement between you and MBK. The failure of MBK to exercise or enforce any right or provision of the Terms or this Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Terms of Use shall be found by a court of competent jurisdiction or otherwise deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity of the remaining Terms. You may not assign the Terms or any of your rights or obligations under the Terms without MBK’s express written consent. The Terms inure to the benefit of MBK’s successors, assigns and licensees. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect.
MBK shall be not held liable for any delay or failure in performance of any part of this Terms of Use from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow-downs over the internet or any third party internet service providers.
Except to the extent required by applicable law, you agree that any claim or cause of action arising out of or related to the use of the Website or the terms and conditions contained in this Terms of Use must be filed within one year after such claim or cause of action arose or the claim or cause of action shall be forever barred.
Governing Law and Venue for Resolving Disputes
This Terms of Use shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside (if different from the United States).
You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in Orange County, California, USA. You irrevocably consent to the venue and jurisdiction of such courts.
BY AGREEING TO THESE TERMS YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST MBK BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Binding Arbitration
- Arbitration Procedures. You and MBK agree that, except as provided in Paragraph 4 below, all disputes, controversies and claims related to this Terms of Use, the Terms or your use of this Website (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Terms of Use. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
- Except as otherwise set forth in Paragraph 4 below, you may seek any non-injunctive remedies available to you under state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Terms of Use, (i) you and MBK may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND MBK WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- The arbitration will be conducted in Orange County, California, unless the parties agree to video, phone and/or internet connection appearances.
- You and MBK agree that any arbitration will be limited to the Claim between MBK and you individually. YOU AND MBK AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and MBK agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or MBK’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.
- Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- You and MBK agree that if any portion this Section is found illegal or unenforceable, except any portion of Paragraph 4, that portion will be severed and the remainder of the Paragraph will be given full force and effect. If Paragraph 4 is found to be illegal or unenforceable, then neither you nor MBK will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the Orange County, CA and you and MBK agree to submit to the personal jurisdiction of that court.
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS TERMS OF USE OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Changes to Terms of Use
As MBK’s business changes from time to time, this Terms of Use is expected to change. MBK reserves the right to amend this Terms of Use at any time as provided herein. You should check the Website frequently to see the current Terms of Use in effect and any changes that may have been made to it. Your use of the Website is subject to this Terms of Use and Privacy Policy in effect at the most recent time of use. The provisions contained herein supersede all previous notices or statements regarding the Terms or use of the Website.
Questions Regarding The Website
If you have any questions or comments about the Website or this Terms of Use, please contact us at [email protected] or you can write to us at 4 Park Plaza, Suite 1700, Irvine, CA 92614.
