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Terms of Service

Effective: October 1, 2023

 

Welcome to the 1200 Lakeshore Apartments website!

 

By accessing, browsing, or using this website (www.1200lakeshore.com) and/or any of our related mobile applications or digital versions or platforms in any manner (collectively, the “Site”), you are agreeing to be bound and are accepting by these Terms of Service (the “Terms” or the “Agreement”) and our Privacy Policy without qualification and whether or not you register or create an account on the Site. As used herein, “Users”, “you”, or “your” will mean any individuals, including without limitation, renters and potential renters who may visit, use, or otherwise interact with the Site in any manner, and each of your heirs, assigns, and successors.

 

This Site is co-owned and operated by Rose Ventures III, Inc. and Granite 1200, LLC (collectively, “Company”, “we”, or “us”) in order to offer certain information, services, and other data to renters and potential renters (the Services”) who may reside (rent) or may be interested in residing (renting) at our 1200 Lakeshore Apartments property. We reserve the right at all times to deny access of the Site to any person who we believe violates these Terms.

Certain content, features, or services on the Site may be operated by third party service providers such as RENTCafé which is not owned or operated by Company. For information on terms and conditions related to the operation of the RENTCafé platform, please visit: https://resources.yardi.com/legal/rentcafe-terms-of-service/. Any potential business transactions that may result from your use of the RENTCafe’ platform (or other third party service provider’s platform) will be subject to the applicable terms and conditions of such third party service provider. Company is not a party to any transactions between these third party service providers and you. AS A RESULT, COMPANY WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS AND THIRD PARTY SERVICE PROVIDERS WHO MAY HAVE THEIR PLATFORMS OR SERVICES ACCESSED THROUGH THE SITE.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US. THIS AGREEMENT ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON THE SITE NOW OR IN FUTURE WITH RESPECT TO OUR SERVICES, AND ANY OTHER WRITTEN AGREEMENTS OR CONTRACTS BETWEEN YOU AND US THAT INCORPORATE THESE TERMS BY REFERENCE, SET FORTH THE COMPLETE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE THE SITE AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES.

  1. ELIGIBILITY. The Site is intended solely for individuals who are 18 years old or older. You represent and warrant to Company that you are 18 years of age or older and you will only provide accurate and truthful information in connection with your use of the Site or the Services. In the event that any minor (under 18 years of age) accesses the Site or the Services, the minor’s parent or guardian will promptly notify Company using any of the communication methods in Section 17 below.

If you access the Site from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of your country of residence or jurisdiction. Company makes no representation that any content, information, or materials on the Site or the Services are appropriate or in compliance for use or access in locations outside of the United States, and any use or access of the Site or the Services from countries where similar services may be illegal is prohibited.

  1. ACCESS AND USE OF THE SITE.

2.1          We provide you with certain information and functionality through the Site. You are solely responsible for providing all equipment necessary to establish a connection to the internet, access to the internet, and any telephone, wireless or other connection and service fees associated with such access.

2.2          We have the right, but not the obligation, to take any of the following actions without providing any prior notice to you: (a) change or terminate all or any part of the Site or the Services; (b) restrict or terminate your access to all or any part of the Site or the Services; or (c) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.

2.3          Subject to your compliance with these Terms, we hereby grant you permission to access and use the Site and the Services, provided that you shall not (and shall not allow any third party to): (a) engage in commercial use of the Site or any content on the Site; (b) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Service or in or on any content or other material obtained via the Site or the Services; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site or the Services; (e) collect or harvest any information about other Users or individuals (including usernames and/or email addresses) for any purpose; (f) reformat or frame any portion of the web pages that are part of the Site or the Services; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as “spam” to other users or members of the Site or the Services or otherwise interfere with other Users’ enjoyment of the Site or the Services; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use the Site or the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code used to generate web pages on the Site; (l) use any device, software or procedure that interferes with the proper working of the Site or the Services, or otherwise attempt to interfere with the proper working of the Site or the Services; (m) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (n) modify, adapt, translate, or reverse engineer any portion of the Site or the Services; or (o) use the Site or the Services, intentionally or unintentionally, to violate any applicable international, national, federal, state, provincial, or local law or regulation, including, but not limited to, Fair Housing laws and regulations.

  1. MODIFICATIONS. Company may modify or update these Terms from time to time, in its sole discretion, and reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, or any or all of the Services, or any Site features, with or without notice and without liability to you. You agree that Company has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Modifications to these Terms will be posted on the relevant area of the Site and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the “Terms of Service” link located on webpages throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
  2. ACCOUNT REGISTRATION AND USE. In order to use certain features of the Site or the Services, you will have to register and create password-protected account(s) (“Your Account”) on this Site. Additionally, you may have to register and create a similar account on a third party service provider’s platform when engaging in transactions or other interactions with these third parties. In each case, you may use this Site or the third party service provider platforms to view, receive, or access property listings, lease agreements, rental terms/pricing, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents (collectively, “Information and Material”). We reserve the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to: (i) immediately notify us of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, and (iii) ensure that you fully exit from Your Account at the end of each session. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. COMPANY CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
  3. Privacy Policy and User Content. Please review our Privacy Policy for information on how we may collect, use, or share your Personal Information (as defined therein). The terms of the Privacy Policy are expressly incorporated in this Agreement by this reference.

With respect to any Information and Materials, or other user-generated content you may provide, post, or share on the Site (collectively, “User Content”), you hereby represent and warrant that such Content: (a) will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation, any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (b) is not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Site or the Services; (d) will not promote illegal or harmful activities; and (e) is not illegal, unlawful or contrary to the international, national, federal, state, provincial, or local laws or regulations applicable to the User Content where created, displayed or accessed.

  1. Renter Screening. As part of the Services, Users may be permitted to submit information through the Site for the purpose of conducting a User background check or screening by Company, or Company’s authorized third party service provider (a “Screening”). Information that you submit through the Site for the purpose of such Screening will be treated in accordance with Company’s Privacy Policy. Your submission of the information requested for a Screening will constitute your consent to the Screening process. Screenings also may be governed by other considerations as may be disclosed to you in connection with the Screening. You acknowledge that you will address any issues or concerns with any Screenings, including the results of any Screenings, by contacting Company, or as otherwise required by law.
  2. Payments. While payments you submit through the Site including rental deposits, rental payments, or any other services or transactions, are for services provided by Company, the remittance of such amounts may take place through the RENTCafé platform, or other third party service provider’s platform. You understand that if you experience any malfunction, error, bug, or other failure when using such third party service provider’s platform, you will contact the applicable third party service provider directly in order to troubleshoot or resolve the issue. Company is not responsible for any such issues related to your use of any third party service provider’s platform.

By providing your card or bank information directly to Company or any third party service provider, you are representing that you are authorized to use this card or bank account for payments for rental deposits, rental payments, or any other services or transactions for services provided by Company.  You are responsible for keeping your card or bank information up to date. If your card or bank information changes, you agree to promptly update your information on Your Account or other applicable account profile related to the Site or any third party service provider’s platform.  You acknowledge and agree that any personal information you may provide to a third party service provider will be controlled by that third party service provider’s own applicable privacy policy.

  1. COMPANY’S RIGHTS. You understand that Company has the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and Site security issues, to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You also acknowledge that Company has no obligation to monitor your access to or use of the Site or the Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
  2. THIRD PARTY SERVICE PROVIDERS. Site may contain links or voice accessibility to third-party websites or resources. Access to such third-party websites, services or resources are included solely for the convenience of Users, and do not constitute any endorsement or approval by Company of the third-parties, anyone sponsoring these sites or their products or services, or the products or services themselves. Company makes no representations or warranties, express or implied, with respect to the information provided on any third-party website or service which may be accessed from the Site, including any representations or warranties as to accuracy or completeness. Because Company has no control over third-party websites, resources, products or services, you acknowledge and agree that Company is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, products, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party websites. You acknowledge and understand that Company does not guarantee, endorse or ensure any business transactions that may take place between a User and any third party service providers, entities, or other individuals.
  3. OWNERSHIP. You acknowledge and agree that the Site and the Services use and contain certain intellectual property and proprietary information, including without limitation, information, data, pricing, text, music, sound, photographs, graphics, video, messages, tags, or other materials owned by or licensed to us, and protected by applicable intellectual property and other laws (collectively, “Company IP”). Company reserves all rights to the Company IP. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the Company IP, the Site or access to the Site in any way without the prior written permission of Company. You must abide by all copyright notices, information, or restrictions contained in or attached to any Company IP. All trademarks are the property Company, or the respective parties (such as third party service providers who may have links to or are accessed via the Site).
  4. INDEMNITY. You agree to indemnify, defend and hold Company and its parent, affiliates, and subsidiaries, and each of their respective officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Indemnified Parties”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and court costs, directly or indirectly, arising out of or in any way relating to: (a) your negligence or misconduct; (b) your information or material contributed to or submitted through the Site or the Services, including without limitation information associated with Your Account; (c) your conduct, including your use of the Site and the Services; (d) your connection to the Site; (e) any violation or breach of these Terms; or (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Site or Services (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Indemnified Parties. Company shall have the right, in its sole discretion, to select its own legal counsel to defend the Indemnified Parties from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Company’s reasonable attorneys’ fees and court costs incurred in connection therewith. You shall notify Company immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect yours or Company’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Company, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Company.
  5. DISCLAIMER OF WARRANTIES.

12.1        YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.

12.2        COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING: (A) THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; (B) THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE SITE; (C) THAT THE SITE OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET YOUR REQUIREMENTS; (D) THAT THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE SITE, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (F) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (G) THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

12.3    You are responsible for taking all necessary precautions to ensure that any User Content you provide, or your access of the Site is free of any viruses or other harmful code.

  1. LIMITATION OF LIABILITY.

13.1    TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS PARENT, AFFILIATES, AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF THESE PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIXUM AGGREGATE LIABILTY OF THE COMPANY PARTIES ARISING OUT OF OR INCONNECTION WITH THESE TERMS OR THE SITE, OR SERVICES WILLL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

13.2        You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site and Services.

  1. COMMUNITY SPACE ON THE SITE.

14.1        On the Site and/or as part of the Services, we may provide areas (if any) that allow for messaging, communicating, sharing, or posting User Content, or engaging in comments, rankings, contests, games, or other promotions (collectively, “Community Space”). You acknowledge that any User Content or other submissions you provide in the Community Space may be or become available to others and that Company has no obligation to protect such information. Company recommends that you do not post or otherwise disseminate any personally identifiable information in the Community Space. Additionally, you agree to only post User Content and other information which complies with these Terms at all times and that you will not post any materials or engage in any activity on the Site that:

1. defames, threatens, abuses or otherwise violates the legal rights of others;

2. is harmful to children, profane, obscene, indecent or racially or ethnically offensive;

3. infringes another’s rights to intellectual property, publicity, or privacy; 

4. collects or stores personal information about other Site users; 

5. contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);

6. contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;

7. contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment;

8. disrupts or otherwise interferes with the Site or the networks or servers used by Company;

9. impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or

10. constitutes illegal activity.

 

14.2                We may or may not pre-screen User Content, or other information Users may be post on the Site or in any Community Space. We reserve the right in our sole discretion to reject any User Content or other information provided by a User for any reason, and also to edit such User Content or information as we deem reasonably necessary with respect to format or content considerations. We further reserve the right to terminate your access to the Site or to any Community Space at any time without notice for any reason whatsoever. Company does not endorse or control any User Content or information found in any Community Space and, therefore, Company specifically disclaims any liability with regard to the Community Space and any actions resulting from your participation in them.

  1. TERMINATION. You agree that we, in our sole discretion and with or without notice, may terminate your use of the Site or any part thereof, or any or all of the Services, for any reason. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effective without prior notice, and acknowledge and agree that Company may immediately bar any further access to the Site. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Site or the Services.
  2. GENERAL.

16.1        Governing Law. For all legal proceedings arising out of use of the Site and/or relating to the Terms, these Terms and the relationship between you and Company will be governed by and construed in accordance with the laws of California without giving effect to any conflict of laws principles. You and Company hereby irrevocably and unconditionally submit to the jurisdiction of courts located in Alameda County, California and the parties consent to the personal jurisdiction of such courts. You and Company irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

16.2        Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Company, which may be granted or withheld by Company in its their sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Company may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.

16.3        Waiver. The failure to exercise or enforce any right or provision shall not affect Company’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

16.4        Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.

16.5        Force Majeure. The failure of the Site, or Company’s failure to comply with any provision of these Terms due to acts of God, civil or military authority, act of public enemies, pandemics/epidemics, government-imposed transportation stoppages or mandatory quarantines, war, terrorism, accidents, fires, explosions, earthquakes, floods, hurricanes, or any other similar or different unforeseeable cause beyond the reasonable control of Company will not be considered a breach of these Terms.

16.6        Entire Agreement. These Terms, the Privacy Policy, and any other terms agreed to in writing by the parties, or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and Company regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter.

16.7        Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  1. NOTICES; CONTACT INFORMATION.

The name, address, and telephone number of the owners of the Site are:

Rose Ventures III, Inc. and Granite 1200, LLC

You can contact us using any of the methods below:

  • By phone at: (510) 834-1200
  • By email at: team@1200lakeshore.com
  • In writing at: 1200 Lakeshore Ave, Oakland, CA 94606 Attn: Privacy