The Maximus Real Estate Partners website http://www.maximusrealestatepartners.com (the “Site”) is operated and published by Maximus Real Estate Partners (“Maximus,” “we,” “us” or “our”) located at One Maritime Plaza, Suite 1900, San Francisco, CA 94111. Your use of this Site or any pages therein is governed by these terms and conditions (“Terms”). By accessing or using this Site, you acknowledge you have read and accepted these Terms. If you do not agree to be bound by the Terms, you may not use the Site.
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST MAXIMUS ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
USE OF THIS WEBSITE
This Site and the information and materials on this Site are provided for general informational and educational purposes only. You are permitted to save, display or print out information contained on this Site only for your personal, non-commercial use. Except as otherwise permitted by these Terms, you are not permitted to modify, copy, distribute, transmit, display, reproduce, publish, license, frame, link, create derivative works from, transfer or otherwise use in any manner, in whole or in part, this Site or the information and materials on this Site without the prior written authorization of Maximus and with suitable accreditation to Maximus. To request such authorization, please contact us at email@example.com.
By using the Site, you agree to not use the Site in any manner that:
- Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
- Interferes with or disrupts the Site, services connected to the Site, or otherwise interferes with operations or services of the Site in any way;
- Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
- Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Causes Maximus to lose (in whole or in part) the services of our Internet service providers or other suppliers;
- Links to materials or other content, directly or indirectly, to which you do not have a right to link;
- Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive or another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Parkmerced in its sole discretion;
- Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof;
- Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.
This Site and all information and materials on this Site are protected by copyright and trade mark laws and other intellectual property laws, and any unauthorized use of any information and materials on this Site may violate such laws. All intellectual property rights in this Site, and in and to all information and materials on this Site, (including, without limitation, copyrights, trade marks and rights in and to designs) are owned by Maximus Real Estate Partners or are used by us with the permission of the third party owner or provider of such information or materials. These terms and conditions are not intended to, and do not, transfer or grant any rights in or to this Site or the information and materials on this Site other than those which are specifically described in these Terms, and all rights not expressly granted in these Terms are reserved by Maximus or by the third party owners or providers from whom Maximus has obtained information and materials on this Site. All intellectual property rights in “Maximus Real Estate Partners” and the other trade marks, trade names, logos and graphics (including symbols and artwork) of Maximus and all its associated companies and the trade dress of this Site belong to us and such trade marks, trade names, logos and graphics and trade dress may not be used without Maximus’ permission. In no event may our trade marks, service marks or other intellectual property be reproduced separately from the textual content associated with them. In addition, you are not permitted to alter, obscure or remove any copyright, trademark or other notice on this Site or in the information and materials on this Site. The name of other actual companies and third party products or services identified on this Site may be the trade names, trademarks or service marks of their respective owners.
CHANGES TO THIS SITE
Maximus reserves the right, without notice, (i) to change, add, modify or remove any information and materials on this Site in any manner and at any time, and (ii) to suspend, limit, restrict and/or deny access to any aspect or part of this Site at any time for any reason, including, without limitation, for any scheduled or unscheduled maintenance, upgrades, improvements or corrections. Neither Maximus nor any of its third party providers shall have any duty or responsibility (i) to maintain, update, correct or remove any information and materials on this Site for any reason or (ii) to advise or identify any information and materials on this Site which may be outdated, incomplete, inaccurate or erroneous.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
MAXIMUS MAKES NO EXPRESS OR IMPLIED CONDITION, REPRESENTATION OR WARRANTY OR OTHER TERM CONCERNING THIS SITE OR ANY INFORMATION OR MATERIAL ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY CONDITION, REPRESENTATION OR WARRANTY OR OTHER TERM AS TO NON-INFRINGEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIALS ON OR ACCESSIBLE THROUGH THIS SITE. MAXIMUS HEREBY EXPRESSLY EXCLUDES ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS OF ANY KIND RELATING TO THE AVAILABILITY OR OPERATION OF THIS SITE AND ANY INFORMATION OR MATERIALS ON OR ACCESSIBLE THROUGH THIS SITE TO THE EXTENT PERMITTED BY LAW. NEITHER MAXIMUS NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES NOR ANY DIRECTOR, OFFICER OR EMPLOYEE OF THE FOREGOING SHALL BE LIABLE OR HAVE ANY RESPONSIBILITY FOR ANY LOSS, LIABILITY OR DAMAGE, COST OR EXPENSE THAT YOU MAY INCUR IN CONNECTION WITH (I) YOUR USE OF THIS SITE AND ANY INFORMATION OR MATERIALS ON OR ACCESSIBLE THROUGH THIS SITE, (II) ANY ERRONEOUS CONNECTION OR COMMUNICATION BETWEEN YOU AND MAXIMUS MADE THROUGH THIS SITE, (III) THE TRANSMISSION OF ANY COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY CAUSE DAMAGE TO ANOTHER’S COMPUTER SYSTEM OR NETWORK ALTHOUGH EVERY REASONABLE EFFORT HAS BEEN MADE TO ENSURE THAT THE SITE IS FREE FROM VIRUSES, (IV) ANY ASPECT OF THE PERFORMANCE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE, DELAY, INTERRUPTION OR DISRUPTION OF THIS SITE OR YOUR ACCESS TO THIS SITE, (V) THE DELIVERY OF ANY INFORMATION AND MATERIALS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE OR THE EXECUTION OF ANY TRANSACTIONS MADE ON OR THROUGH THIS SITE, (VI) ANY OTHER CAUSE RELATING TO YOUR ACCESS, OR USE OF THIS SITE AND ANY OF THE INFORMATION OR MATERIALS ON THIS SITE, AND (VII) ANY UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE, REGARDLESS OF WHETHER ANY OF THE FOREGOING CIRCUMSTANCES IN THIS PARAGRAPH GIVING RISE TO SUCH LOSS, LIABILITY OR DAMAGE MAY HAVE BEEN WITHIN THE CONTROL OF MAXIMUS OR ANY THIRD PARTY SERVICING THIS SITE. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WILL MAXIMUS OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR ANY DIRECTOR, OFFICER OR EMPLOYEE OF THE FOREGOING BE LIABLE, WHETHER IN TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), CONTRACT OR OTHERWISE, FOR ANY LOSS OF PROFITS, INCOME, GOODWILL, OR CONTRACTS, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR SIMILAR LOSSES OR DAMAGES ARISING FROM, RELATED TO OR CONNECTED WITH YOUR ACCESS OR INABILITY TO ACCESS THIS SITE, YOUR USE OF THIS SITE AND/OR YOUR RELIANCE ON THE INFORMATION AND MATERIALS ON THIS SITE, EVEN IF NOTIFIED OR ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT MAXIMUS’ LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY ITS OWN NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY APPLICABLE LAW.
IN ADDITION, WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF MAXIMUS, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITE. ACCORDINGLY, MAXIMUS ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIRD PARTY LINKS
This Site may contain links to websites owned, sponsored or maintained by third parties, including, without limitation, links to partners of Maximus. These links are provided only as a convenience to you. The inclusion of any link on this Site to a third party website is not and does not imply any affiliation, sponsorship, endorsement, approval, investigation, verification or authorization by Maximus of such third party website or the information or materials on such third party website. Maximus makes no representations, warranties or guarantees with respect to, and is not responsible for, any third party website or the information and materials on such third party website or your use of or inability to use such third party website. You should also be aware that the terms and conditions of use for any third party website and such website’s privacy policies may be different from those applicable to your use of this Site.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
Except where and to the extent prohibited by law, by using the Site, you and Maximus agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
- Us, at Maximus Real Estate Partners, One Maritime Plaza, Suite 1900, San Francisco, CA 94111 or
- You, at the address we have on file for you.
Both you and Maximus agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
This Site is governed by and shall be construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
CHANGES TO THESE TERMS
We reserve the right to modify these Terms at any time, so please review them frequently. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to these Terms, we will update the “Effective Date” below and notify you here that they have been updated, so that you are aware of any changes.
If you have any questions about these terms and conditions (including the privacy statement) you can contact us at firstname.lastname@example.org or by writing to us at Maximus Real Estate Partners, One Maritime Plaza, Suite 1900, San Francisco, CA 94111.
March 16, 2020.