Version 3.0 April 30, 2020
PLEASE READ CAREFULLY BEFORE CONTINUING TO ACCESS, BROWSE OR USE THIS WEBSITE
Acceptance of Terms
Disclaimer of Warranties
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.
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.
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.
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 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.
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.
Governing Law and Venue for Resolving Disputes
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.
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.
Questions Regarding The Website