EFFECTIVE DATE: July 27th, 2016
Materials. All materials, code, statements, information and other content on or that comprise the Sites and the “look and feel” of the Sites (collectively, “Materials“) are owned, controlled or licensed by Hollybrook and are protected from unauthorized use, copying and dissemination. Hollybrook grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to view the Materials. You agree that you will not frame, mask, extract data or other materials from, copy, reproduce, republish, modify, create derivative works of, upload, display, post, transmit, or otherwise use or distribute the Materials. Any and all rights to use the Sites that are not expressly granted to you under these Terms are reserved for Hollybrook.
Disclaimers & Limitation of Liability. You agree that the Sites and Materials are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, Hollybrook makes no representations or warranties or endorsements of any kind whatsoever, express or implied, as to the Sites or the Materials, including, without limitation, as to their accuracy, results that can be achieved, reliability, availability or completeness. WITHOUT IN ANY WAY LIMITING THE FORGOING, YOU AGREE THAT (a) THE SITE AND MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY AND THAT YOU WILL NOT RELY ON THE SITE OR MATERIALS FOR INVESTMENTS, LEASING DECISIONS OR FOR ANY OTHER PURPOSE and (b) Hollybrook is not responsible for any incorrect information on the Sites. The Sites may also contain links to third-party websites or online services or refer you to third parties for more information about a Hollybrook property. Hollybrook does not control, is not responsible for and assumes no liability for those third-parties (including, without limitation, any leasing agent). Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to you. Under no circumstances will Hollybrook be liable to you for any loss or damages of any kind , that are directly or indirectly related to the Sites or Materials (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages), whether in an action of contract, negligence, strict liability, or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Sites). You understand and agree that all rights under section 1542 of the civil code of California and any similar law of any state or territory of the United States are hereby expressly waived by him/her. Section 1542 reads as follows: “certain claims not affected by a general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Dispute Resolution and Arbitration. You and Hollybrook agree that all disputes between you and Hollybrook with regard to these Terms or your use of the Sites will be resolved by binding, individual arbitration under the American Arbitration Association’s (AAA) rules for arbitration of consumer-related disputes or under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event both AAA and JAMS are unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. YOU HEREBY EXPRESSLY WAIVE A TRIAL BY JURY. CLASS ACTION WAIVER: Neither you nor Hollybrook will participate in a class action or class-wide arbitration for any claims covered by these Terms. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. Notwithstanding the above, Hollybrook will be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Desktop, online, written or telephone arbitration can be used for claims. If an in-person hearing is requested by you, required by the arbitrator or required by the rules of the arbitration administration hearing the claims, then arbitration will take place in Los Angeles County, California or Cook County, Illinois (determined by the party initiating arbitration) or any other location Hollybrook agrees to. Payment of all filing, administration and arbitrator fees will be governed by the rules of the arbitration administration hearing the claims. The arbitrator(s) will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. In all other cases, you will bear 50% of the fees charged by the arbitration administration hearing the claims and you alone will be responsible for your attorneys’ fees. Notwithstanding the above, you will pay for all of your own travel costs if you initiate arbitration and you request an in-person hearing. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have any authority to award punitive or exemplary damages.
THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA WILL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS. THESE TERMS WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
You agree that any action at law or in equity relating to the arbitration provision of these Terms will be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Hollybrook reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Hollybrook.
Miscellaneous: We may assign these Terms without notice to you; you may not assign these Terms. Our waiver of any breach of these Terms will not be construed to be a waiver of any succeeding breach or any other covenant. If any provision of these Terms is found to be unenforceable or contrary to law, such provision will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between you and Hollybrook with respect to your use of the Sites and Materials. We reserve the right to modify or add to these Terms (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites, and your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.