R.W. Selby & Co., Inc. Logo Acuisitions

TERMS OF USE FOR R.W. SELBY & CO. INC. AND ITS AFFILIATED COMPANIES

Updated April 2019

Summary

These Terms of Use govern your use of websites operated by R.W. Selby & Co. Inc., a California corporation, and its affiliated and related entities, ("RWSCI," "we," "our," or "us") handles your Personal Information (defined below) gathered on websites or offline. Please read these Terms of Use carefully. By accessing or using our websites, you agree and consent to these Terms of Use. If you do not consent, please do not use our websites.

1. Who may use this website?

Our primary business relates to the purchase, sale and rental of multi-family rental housing in California and Nevada, which minors (with certain limited exceptions) cannot engage in. Consequently, this website is not for use by minors and we have no reason to assume that a minor is using this website. If you are over the age of 13 but have not attained legal majority, your parent or legal guardian must consent to these Terms of Use on your behalf and you may only use this website with that person's permission.

2. Can other terms and conditions apply?

Some services we provide, either directly or through third parties, may have additional terms and conditions. If we are imposing other terms and conditions, we will make them available to you prior to your use of that service, and if you use that service, you consent to those terms. However, if you are visiting the site of a third-party vendor providing services on our behalf, that vendor may have separate terms and conditions and you should read those terms and conditions before using the service.

3. What is an acceptable use of this website?

This site may only be used for lawful purposes. You may not use our site in any way that breaches any applicable law or regulation, for any fraudulent purpose, for the purpose of causing harm to others, to knowingly transmit any harmful programs or codes, or to transmit or procure the sending of spam.

4. What about fair housing and non-discrimination?

We are committed to following all fair housing laws. We do not discriminate in housing, employment, or otherwise based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical conditions, military or veteran status, national origin, ancestry, disability, genetic information, age, or any other characteristic protected by applicable law.

5. Can I use what I find on this website?

We own or license all rights and interest in the website and services, and in the trademarks, logos, brand elements and images on our websites. These are protected under state, United States, and international law. Unless we or the applicable rights-holder give you permission, no content may be copied, reproduced, downloaded, displayed, posted or transmitted, by any means, without our prior written consent.

6. What about third parties?

We work with third-party website operators and vendors to provide you with various online services as well as to provide you with some services offline. For example, when you provide information online to us through the "Text Us" feature on our websites, you are providing that information to a third party. As part of our relationship with third parties, the third-party websites may adopt framing and graphics to maintain continuity with our websites, but you will be on a third-party's website. Please pay close attention to the URLs listed in your internet browser so that you are aware of who you are providing your information to. If you want to give information to a third-party in order to receive services, such as apartment rental, from us, you should carefully review the third-party Terms of Use. Those third parties may share the information you enter with us, which will be subject to their Terms of Use and Privacy Policy as well as our Privacy Policy, located here.

7. What about privacy and my contact information?

If you have any questions about privacy, please see our Privacy Policy, linked here or email us at privacy@rwselby.com.

8. What about changes to these Terms of Use or the website?

This website may change from time to time. You will not receive updates when we, for example, change our promotional images or text.

These Terms of Use may change from time to time. Any changes will be posted on this page. In the event of a major change, you may be notified on your next visit to one of our websites.

9. What laws govern this Terms of Use?

These Terms of Use are governed by the laws of the state of California, in the United States of America, without giving any effect to any conflict or choice of law provisions. You agree that if any dispute arises from or relating to these Terms of Use, it will be filed in the small claims court of Los Angeles, California, if it falls within the statutory limit for small claims, and otherwise in the state or federal courts in Los Angeles, California. As part of these Terms of Use, you consent to personal jurisdiction and venue in those courts.

10. What about people outside of the United States?

This website is hosted in the United States of America. We have no opinion on whether this website is appropriate for your jurisdiction or suites your needs. You, as a resident of your international location, are responsible for complying with the laws applicable to you. You agree that you won’t use this website if doing so is against the law where you are located.

11. Are there other disclaimers, limitations or agreements I have to agree to regarding what I do on the website or in regard to these Terms of Use?

Please be advised that we reserve the right to, and may stop providing this website and/or our services at any time to the maximum extent permitted by law. We also reserve the right to terminate, suspend or block a user’s right to access the web sites or services, in our discretion to the maximum extent permitted by law. If you violate these Terms of Use, your permission will automatically terminate.

Further, we disclaim liability as follows:

YOU USE THE WEB SITE AND SERVICES AT YOUR OWN RISK. THE WEB SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RWSCI AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

IN PARTICULAR, RWSCI AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEB SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEB SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEB SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEB SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEB SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEB SITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL RWSCI OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEB SITE OR SERVICES, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF RWSCI AND ITS AFFILIATES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO $5,000.

WE DISCLAIM ALL LIABILITY FOR ANY DELAY OR FAILURE TO PERFORM FOR ANY REASON OUTSIDE OR BEYOND OUR REASONABLE CONTROL OR ANY "ACT OF GOD."

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

You agree to indemnify and hold harmless RWSCI and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by or the negligence or willful misconduct of you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Our rights under this Terms of Use may be assigned, as permitted by law, in connection with a merger, acquisition, and/or sale of assets or equity, or by operation of law or in accordance with a lawful order or regulation.