TERMS OF USE AND LEGAL DISCLAIMERS

This website at www.nals.com (“Website”) is made available to you by Nevins Adams Lewbel Schell Multifamily Investment and Management (“NALS”). Please read these terms of use (“Terms of Use”) carefully before accessing, viewing or using the Website. By accessing, viewing or using the Website, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Website. NALS may modify the Terms of Use from time to time, in NALS’s sole discretion. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.

The Terms of Use do not alter the terms and conditions of any agreement you may have with NALS or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and NALS, the Terms of Use are the entire agreement between you and NALS and supersede all prior or contemporaneous negotiations, discussions or agreements between you and NALS about this Website.

Use of Copyrighted Materials/Trademarks

Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials (i) owned by NALS (collectively, “Materials”) or (ii) provided by third-party licensors and suppliers to NALS (collectively, “Third-Party Content”). All rights not expressly granted in and to the Website, the Materials and the Third-Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademarks, information and other restrictions in connection with the Website, including without limitation any Materials and Third-Party Content therein.

The Materials contain trademarks, service marks and trade names which are owned by NALS and its affiliates. Except as otherwise noted in the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:

1. Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.

2. NALS reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from NAL

The Third-Party Content may also contain brand and product names which are trademarks, service marks or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the Third-Party Content, you agree only to display the Third-Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content. You acknowledge and agree that the Third-Party Content does not reflect the views of NALS and that NALS is not responsible for any views, ideas, positions, materials and the like contained in any Third-Party Content.

Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of NALS, its affiliates, or any third-party, and, except as expressly provided herein, all such IP Rights in the Materials and Third-Party Content on the Website are expressly reserved to NALS, its affiliates, and/or any third-party, as applicable. Without limiting the generality of the foregoing, unless you have the express prior written consent of NALS or written permission from a third-party with respect to such party’s Third-Party Content, you may not (i) distribute the Website, or any portion thereof or content (including without limitation Materials and Third-Party Content) of any kind included therein, in any medium, (ii) modify the Website, or any portion thereof, (iii) access the Materials and Third-Party Content through any technology or means other than those provided on the Website itself, (iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the Website (including without limitation Materials and Third-Party Content) for any other purpose whatsoever without the prior written consent of the respective owners.

Hyperlinks to this Site

You are granted a limited, nonexclusive right to create a "hypertext" link to the Website provided that such link is to the entry or home page of this Website and does not portray NALS or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by NALS at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any NALS trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text, the layout/design of any page of the Website, or any form contained on a page of the Website without the express prior written consent of NALS in each instance. In addition, you may not use any meta-tags or any other "hidden text" utilizing a NALS or NALS affiliate name, trademark, or product name without NALS’s express written consent in each instance.

Links to Third-Party Websites

The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by NAL If you use these links, you may leave the Website. NALS has not reviewed any of these third-party sites and does not control and is not responsible for any of these sites or their content. NALS does not endorse any opinion, recommendation or advice expressed therein or make any representations about third-party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and NALS expressly disclaims any and all liability in connection with such third-party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against NALS in connection therewith. You further understand and acknowledge if you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk.

Noninterference

You shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third-Party Content or enforce limitations on use of the Website or any such content therein.

DISCLAIMER OF WARRANTIES

Except as may be expressly set forth otherwise in a written agreement between you and NALS or a NALS affiliate, NALS has no special relationship with or fiduciary duty to you. ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD-PARTY CONTENT, SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NALS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS AND/OR THIRD-PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF NALS’S SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD-PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

To the extent NALS is managing a property where you are renting an apartment, you must rely solely on your own investigation and conclusions regarding such apartment, including without limitation conclusions involving construction, engineering, and financial matters. Information on the Website should not be relied upon for accuracy, timeliness and completeness and projections, forecasts and estimates on the Website are not guarantees of current or future performance.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NALS BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT APPEARING ON THE WEBSITE. IN NO EVENT WILL NALS BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER NALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF NALS FOR DAMAGES UNDER THE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Equal Housing Opportunity

NALS operates in accordance with the Fair Housing Act (The Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988), as well as all applicable state and local laws regarding fair housing and equal opportunity.

IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, or FAMILIAL STATUS (“Familial Status” means one or more individuals under 18 living with either a parent or other authorized person, and also applies to any person who is pregnant or in the process of securing custody of a minor child), TO ADVERTISE ANY PREFERENCE, LIMITATION, OR DISCRIMINATION BASED ON ANY OF THE FOREGOING, OR TO ADVERTISE ANY INTENTION TO MAKE ANY SUCH PREFERENCE, LIMITATION, OR DISCRIMINATION. State or local law may provide additional protections.

All persons are hereby informed that all dwellings advertised on this Website are available on an equal opportunity basis.

Indemnity

You agree to defend, indemnify and hold harmless NALS and its affiliates, officers, directors, owners, operators, employees, licensors and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from, related to or in connection with: (i) your use of and access to the Website, including without limitation any Materials contained herein; (ii) your violation of any of these Terms of Use; and/or (iii) your violation of any third-party right, including without limitation any Third-Party Content or any other third-party copyright, property, or privacy right in connection with your use of or access to the Website.

General Provisions

Enforcement of the Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to the Terms of Use or your use of the Website will lie in the state or federal courts located in California and you irrevocably agree to submit to the jurisdiction of such courts. The failure of NALS to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by NALS in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

Contact Us

If you have any questions regarding the Website, please contact NALS by sending an email to ________@nals.com.