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Terms of Use

Koss Resource LLC, a California limited liability company ("Company," "we," “us,” or "our"), through our website http://kossresource.com (the "Website"), provides valuable commercial real estate resources for its users, including providing access to: (i) information, including, but not limited to, interest rates, financing programs and/or other services and products (“Lender Information”) provided by lenders, mortgage bankers, correspondents, lenders’ authorized representatives, financing sources, and/or other professionals (each a “Lender” and collectively the “Lenders”), (ii) commercial real estate forms, leases, and other documents (each a “Document” and collectively, the “Documents”), and (iii) other valuable tools, including but not limited to, real estate reports, articles, lists, newsletters, and job directories (collectively, the “Tools”). The Lender Information, Documents and Tools are collectively referred to hereafter as the "Services" and are subject to the following Terms of Use (the "Terms"), which may be updated by Company from time to time. Notwithstanding the foregoing, decisions regarding information you provide, the choice of Lenders and/or the choice or use of any Document (as well as the content thereof), are solely and exclusively your own and Company shall have no liability in connection therewith, as set forth below.

The Website provides an extensive array of real estate resources that are designed to allow you to conduct business more efficiently and effectively. The Website offers Services and Content in a user-friendly format that permit you, where applicable, to make alterations, additions or changes based solely and exclusively upon your specific direction.

Please be advised that the Company is NOT a law firm, licensed financial advisor or licensed real estate or mortgage broker, and you acknowledge that neither Company nor any of its employees, representatives or agents can or will provide you with legal, financial or real estate services or advice. Further, no representations or warranties, express or implied, are given regarding the legal, financial or other consequences resulting from your use of the Services and/or Content (as defined below). As such, this Website is not intended to create any attorney-client, professional or fiduciary relationship, and by using this Website no attorney-client, professional or fiduciary relationship will be created with Company, its affiliates, officers, directors, advisory board members, employees, shareholders, members, managers, licensors, suppliers, advertisers, sponsors, attorneys or agents. Instead, you acknowledge that the information contained in this Website is provided for general information only and should not serve as a substitute for legal, financial, or professional advice from an attorney or other professional familiar with the facts and circumstances of your specific situation, who you should consult if you have any questions or require legal or professional advice.

By accessing the Website, including the Content, and/or using the Services in any way, you are agreeing to comply with and be bound by the terms of these Terms of Use (“Terms”). In addition, these Terms, including Company’s Privacy Policy, Document Disclaimer, Lender Disclaimer, Consumer Disclaimer, E-mail Disclaimers and any other policies, rules or guidelines that may be applicable to particular offers or features on the Website (collectively, the "Additional Terms") are hereby incorporated by reference into these Terms. By using or visiting the Website, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws, guidelines, and regulations governing the Website. To the extent that there is a conflict between these Terms and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. These Terms will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. Should you object to any of the terms or conditions of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Company or the Website in any way, you should immediately discontinue use of the Website.

YOU AGREE THAT BY USING THIS WEBSITE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.

It is your responsibility to periodically review these Terms. Nevertheless, Company reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Website and/or Services by you after Company's publication of any such changes shall constitute your acceptance of these Terms, as modified. You agree that Company is permitted to access and use any other information provided by you to perform the Services, including any Personally Identifiable Information (as defined in the Company’s Privacy Policy), and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services provided to you by the Company.

 

  1. Licenses and Website Access: For purposes of these Terms, “Content” includes any text, message, data, photograph, image, graphic, information, audio/video files or other material on the Website and the related trademarks, service marks, logos, insignias and other intellectual property contained therein. As between you and the Company, the Content on the Website (excluding any User Content (as defined below)), is owned by or licensed by Company, subject to copyright and other intellectual property rights under the law. Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements). Content on the Website is provided to you “as is” for your information in connection with your use of the Services. Company grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and Content and utilize certain Services for your own personal use only, and not to modify the Website, or any portion thereof. Except as expressly stated in the Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or to any patent, service mark, trademark, copyright, or proprietary right of the Company or any third party, in connection with your use of the Website and any Content provided by Company or any third party on the Website. Elements of the Website, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part. Violation of these Terms, including without limitation modification or use of Content on the Website for any purpose other than those permitted in this Agreement, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Services, and also may constitute the infringement of Company's copyright, service mark, trademark and/or other rights. You shall not attempt to access any other Company's systems, programs or data that are not made available for public use.
  2. Restrictions on Use of Website: You agree that in connection with your use of the Website, you will not do any of the following:
    1. Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content.
    2. Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content without Company's written permission, other than as expressly allowed by Company.
    3. Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
    4. Use any data mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without the Company’s prior written consent.
    5. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.
    6. Use any meta tags or any other "hidden text" utilizing the name “Koss,” “Koss Resource” or any substantially similar name without the Company’s express written consent.
    7. Request more than 500 pages of the Website in any twenty-four hour period, whether alone or acting in concert with a group of individuals.
    8. Take any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.
    9. Duplicate or create multiple user accounts in an attempt to circumvent our security and privacy measures and policies
    10. "Frame" or "mirror" any part of the Website.
    11. Provide to the Company false or incorrect Personally Identifiable Information (as defined in the Company’s Privacy Policy).
    12. Remove any copyright, trademark or other proprietary rights notices contained on the Website.
    13. Use the Website or Content for any unlawful purpose.
    14. Post User Content (as defined in Section 8(d), below) on or through the Website that violates the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
    15. Post User Content on or through the Website that includes any “Prohibited Content” as defined below. “Prohibited Content” includes, but is not limited to, any User Content that: (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is harmful or can reasonably be expected to be harmful to any person or entity; (v) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (vi) infringes or violates any right of a third party including right of privacy, right of publicity, copyright, patent, trademark, service mark, trade secret or other proprietary or contractual rights; (vii) is commercial, business-related or solicits or advertises or offers to sell any products or services, whether or not for profit; (viii) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Website; (ix) does not generally pertain to the designated topic or theme of the relevant application, public forum or blog; (x) violates any specific restrictions applicable to the application, public forum or blog; or (xi) is antisocial, disruptive, or destructive, including "spamming," "flooding," and "trolling" as those terms are commonly understood and used on the Internet.
  3. Membership: You may browse the Website and view certain content without registering, but as a condition to using certain aspects of the Website, you may be required to register with Website and select a password and screen name ("User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Website account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise illegal, offensive, vulgar or obscene. Company reserves the right to refuse registration, cancel a User ID or deny your access to the Website in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Website password. You shall never use another user's account without such other user's express written permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Please read our Privacy Policy, which describes the Personally Identifiable Information we collect, use, disclose, manage and store. You will be responsible for the confidentiality and use of your User ID, and for any and all activities (including purchases, as applicable) that are conducted through your account, and agree not to transfer or resell your use of or access to the Website to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your User ID, disclosure of your User ID, or your authorization of anyone else to use your User ID. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting Website and immediately notify us of the problem by emailing us at privacy@kossresource.com.
  4. Links to Third Party Sites: The Website may contain links to other websites, including without limitation websites of Lenders, service providers, and government institutions which are completely independent of this Website and are provided to you only as a convenience. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such third party site. Your linking to any other websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of content provided on such a third party website and agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with such a third party. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site.
  5. YOU AGREE THAT YOUR USE OF OTHER INTERNET WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR ANY OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

  6. Limitations on Services: You acknowledge that Company may establish limits concerning use of the Services and reserves the right at any time to modify or discontinue the Services (or any part thereof), with or without notice, including but not limited to the Lender Information, Documents or Tools sections of the Website, functionality or hours of availability, the equipment needed for its access or use, or its pricing. Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
  7. YOU ACKNOWLEDGE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF ANY OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE TOOLS, DOCUMENTS OR LENDER INFORMATION PROVIDED BY ANY LENDER OR OTHER THIRD PARTY, OR ANY ACTION, INCLUDING WITHOUT LIMITATION THE REJECTION, APPROVAL AND/OR FUNDING OF ANY LOAN OR OTHER REQUEST MADE BY YOU TO ANY THIRD PARTY POSTED ON AND/OR LINKED TO OUR WEBSITE. You acknowledge that any limitations on Services will not be cause for a refund for any of Company’s Services or products.

  8. Termination of Services: You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website immediately and without notice, for any reason, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination.
  9. Privacy and Information Disclosure: You acknowledge and agree that Company's Privacy Policy, as contained on this Website, is incorporated herein by this reference and is thereby a part of these Terms.
  10. Ownership:
    1. Website Content. This Website is owned and operated by the Company. All right, title and interest in and to the Content provided on this Website (excluding any User Content), including but not limited to information, documents, logos, graphics, sounds, and images are owned either by Company or by third party authors, developers, or vendors and licensed to the Company ("Third Party Providers"). The Content and materials provided on or through the Website are intended to educate and inform you about the products and services offered or described on the Website. Except as otherwise expressly provided by Company, none of the Content may be republished, reproduced, uploaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website or in a networked computer environment, and nothing on this Website shall be construed to confer any license under any of Company's intellectual property rights, whether by implication, estoppel, or otherwise. Subject to your compliance with these Terms, you may download copies of any Content required to be downloaded in connection with the Services you desire, and you may use such downloaded Content solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained on such documents. Company cannot guarantee that technical difficulties will not occur during the download of the Content or that the Content will download successfully. You further acknowledge that you do not acquire any ownership rights by using the Website, the Content or User Content provided by any third party. Any rights not expressly granted herein to you are hereby reserved by Company.
    2. Copyrights. All Website design, graphics, and the selection and arrangement thereof, are owned by the Company. Copyright © 2011, Koss Resource LLC. ALL RIGHTS RESERVED.
    3. Trademarks. "Koss Resource," the Company's logo, and all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Company. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners. The trademarks, logos, and service marks displayed on the Website (collectively the "Trademarks") are the registered and unregistered trademarks of Company, Company’s licensors and suppliers, and others. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the express written permission of Company, Company’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
    4. User Content. Company does not claim any ownership rights in the Content that you post on or through the Website (collectively “User Content”). Company may host message boards, newsletters, blog feeds, and other forums (collectively, “Forums”) found on this Website, and you may have the ability to provide or upload certain User Content. After posting your User Content to the Website, you continue to retain any such rights that you may have in your User Content, subject to the license herein. By displaying or publishing (“posting”) any User Content on or through the Website, you hereby grant to Company and its designees an assignable license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content solely on or through the Website or other Company websites, including without limitation distributing part or all of the User Content in any media formats and through any media channels now known or hereafter devised, in Company’s sole discretion. This license shall be non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable, worldwide, and perpetual. None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If Company does decide, in its sole discretion, to attribute User Content to you, you hereby grant Company the right to use your user name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your user name. Company may reject, refuse to post or delete any User Content for Forums for any or no reason, including User Content that in the sole judgment of Company violates these Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Company assumes no responsibility for monitoring the Website for inappropriate User Content or conduct. If at any time Company chooses, in its sole discretion, to monitor the Website, Company nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content. You are solely responsible for the User Content that you post on or through the Website, and any material or information that you transmit to other parties and for your interactions with other parties (including but not limited to Third Party Providers). Company is and shall be under no obligation to pay to user any compensation for any User Content; or to respond to any User Content.
  11. Forums. Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with the Company. You acknowledge that there may be a large volume of information available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate the restrictions on User Content set forth in the Terms, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Forums by third parties, whether such third parties are visitors to the Website, members, or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Company. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Website. If notified by a user of User Content that allegedly does not conform to these Terms, Company may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content.
  12. Making Purchases. If you wish to purchase products or services described on the Website (each such purchase, a "Transaction"), you will be asked to supply certain information applicable to your Transaction, including, without limitation, information related to credit card, debit card, Paypal and/or whatever payment method is chosen by Company, as well as similar and/or other related information. You understand that any such information will be treated by Company in the manner described in our Privacy Policy. You agree that all information that you provide in connection with your purchase will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The sale of certain products and services may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with such laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or an affiliated company. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol ("IP") addresses or email addresses to use or to purchase Company products or services. You grant Company the right to provide third parties with any information you submit for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
  13. Pricing and Fees. Prices posted on the Website represent the fees which are payable to the Company for your use of and/or access to certain Services and/or Content. You agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time a charge is made. We reserve the right to institute new fees or charges effective upon notice on the Website. When prompted to do so, you must provide us with valid payment information. If payments cannot be processed or are returned for any reason, we reserve the right either to suspend or terminate your order, thereby terminating all further obligations by the Company.
  14. Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any Content, including without limitation any User Content, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    7. The Company’s designated Copyright Agent to receive notifications of claimed infringement is: Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, 11400 W. Olympic Blvd., 9th Floor, Los Angeles, California 90064, Attn: Jeffrey I. Abrams, Esq.. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company’s customer service to customerservice@kossresource.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
  15. Disclaimer of Warranties. The information provided on the Company's Website is general information on issues commonly encountered when dealing with real estate-related matters and should not be used as a substitute for legal, financial or similar advice from an attorney, financial, real estate or other professional familiar with the facts and circumstances of your specific situation. Koss Resource LLC is not a law firm, licensed financial advisor or licensed real estate or mortgage broker and does not, and cannot, provide legal, financial or real estate-related advice, through the Website or otherwise, and none of its affiliates, officers, directors, advisory board members, employees, shareholders, members, managers, licensors, suppliers, advertisers, sponsors, attorneys or agents are authorized to provide you with legal, financial or real estate-related advice or services. Further, no representations or warranties, express or implied, are given regarding the legal, financial, or other consequences resulting from the use of our Services, including without limitation any Lender Information, Documents or Tools. Company's liability is limited only to amounts paid by you to the Company. If you are not satisfied with our service please contact our customer service department at customerservice@kossresource.com.

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT USE OF THE WEBSITE, THE CONTENT AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE LENDER INFORMATION, DOCUMENTS AND TOOLS, IS ENTIRELY AT YOUR OWN RISK. COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE OR ITS CONTENT, INCLUDING ANY LENDER INFORMATION, DOCUMENTS, TOOLS, USER CONTENT, OR ANY THIRD PARTY WEBSITE. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE LENDER INFORMATION, DOCUMENTS OR TOOLS OR ANY OTHER INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE'S CONTENT OR ANY THIRD PARTY WEBSITE. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR: (I) SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE, ITS CONTENT AND/OR THE SERVICES; (II) OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE; OR (III) VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. COMPANY MAKES NO COMMITMENT TO UPDATE THE INFORMATION, INCLUDING THE LENDER INFORMATION, DOCUMENTS OR TOOLS CONTAINED IN THE WEBSITE. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND/OR OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED THERETO. YOUR USE OF THIS WEBSITE, THE CONTENT AND/OR ANY OF THE SERVICES OR PRODUCTS PROVIDED THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE ARE ENTIRELY DONE SO AT YOUR OWN RISK.

  16. Limitations of Liability:

    UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, ADVISORY BOARD MEMBERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, ATTORNEYS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, THE SERVICES, INCLUDING WITHOUT LIMITATION THE LENDER INFORMATION, DOCUMENTS OR TOOLS AND/OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY USER CONTENT, CONTAINED IN THE WEBSITE, ANY LENDER INFORMATION PROVIDED BY ANY LENDER THROUGH ANY LINKED WEBSITE, OR THE REJECTION, APPROVAL AND/OR FUNDING OF ANY LOAN APPLICATION, OR ANY OTHER REQUEST, YOU MAKE WITH ANY LENDER POSTED ON AND/OR LINKED TO OUR WEBSITE, OR ANY OTHER LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE OR ANY OTHER SITE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE LENDER INFORMATION, DOCUMENTS OR TOOLS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOUR USE OF CONTENT FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    You acknowledge that you may have or may in the future have claims against Company which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1532 of the California Civil Code (and any related Codes in other U.S. states), which states:

    A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

  17. Indemnity: You agree to defend, indemnify and hold Company, affiliates, officers, directors, advisory board members, employees, shareholders, members, managers, licensors, suppliers, advertisers, sponsors, attorneys or agents harmless from any claim, action, loss, expense, or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website, its Content and/or the Services, any User Content, your violation of the Company’s Terms and/or Privacy Policy, or your breach of any of the representations and warranties herein.
  18. Promotional Offers, Contests and Sweepstakes: We may from time to time offer participation in promotional offers, contests and sweepstakes on our Website. Your participation in these offers, contests and sweepstakes is governed by the express rules applicable to each such offer, contest or sweepstakes.
  19. User Acknowledgments: Company is not a law firm, licensed financial advisor or licensed real estate broker, and the affiliates, officers, directors, advisory board members, employees, shareholders, members, managers, licensors, suppliers, advertisers, sponsors, attorneys or agents of Company are not acting as your attorney, financial advisor or real estate or mortgage broker and Company is not a substitute for the advice of an attorney, licensed financial advisor or licensed real estate professional. Company cannot and does not provide legal, financial or real-estate related advice and can only provide self-help services at your specific direction. Company does not perform the services that an attorney, licensed financial advisor or licensed real estate professional performs and is prohibited from providing any kind of explanation, advice, recommendation or opinion to you about your legal or financial rights, options, selection of forms or strategies.
    1. All Lender Information which I provide in connection with searching for and/or applying for commercial real estate loans and/or services or in connection with any Document is based upon my own self-direction and I have not been instructed or guided by the Company or Website as to the information to provide;
    2. I acknowledge that the laws of each state vary in connection with searching for and/or applying for commercial real estate loans and/or services or in connection with any Document and that I will consult with an attorney, financial and/or real estate professional familiar with the facts and circumstances of my specific situation if I have any questions or require legal, financial or other similar professional advice or counsel.
    3. I acknowledge that neither Company nor its affiliates, officers, directors, advisory board members, employees, shareholders, members, managers, licensors, suppliers, advertisers, sponsors, attorneys or agents are representing me in any legal matter;
    4. No attorney-client privilege is created with Company;
    5. I have been informed of the services that Company is performing, the products it is offering, and the cost of such Services and products; and
    6. No governmental entity or authority has evaluated or approved Company's knowledge or experience, or the quality of Company's Services.
  20. By using the Website, you agree to the following:

    You acknowledge that neither Company nor its affiliates, officers, directors, advisory board members, employees, shareholders, members, managers, licensors, suppliers, advertisers, sponsors, attorneys or agents is engaging in the practice of law or providing financial or other professional services and is not providing any kind of advice, explanation, opinion, or recommendation to you about possible legal or financial rights, remedies, defenses, options, selection of forms or strategies.

  21. Technical Support Issues: If you encounter a technical problem when attempting to print or otherwise access your completed form, or some other problem you may encounter in attempting to utilize our Services and/or Content, Company's customer service representatives may be able to assist you with your problem.
  22. If you contact Company's customer service representatives and request that a customer service representative remotely control your computer in order to try to resolve your technical problem, you acknowledge and accept that Company has no obligation to do so, and, if it does so, shall not be liable for any technical problems that may persist or arise with your computer after doing so.

  23. General information: The Terms constitute the entire agreement between you and Company and govern your use of the Website, its Contents and/or the Services, superseding any prior agreements between you and Company. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent, trademark or other laws. The employees of Company are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in a writing signed by an authorized officer of Company. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
  24. The Terms and the relationship between you and Company shall be governed by the laws of the State of California without regard to any conflicts of laws principles. Further, you agree that all actions or proceedings arising in connection with your use of the Website and these Terms shall be tried and litigated exclusively in the State and Federal courts located in the County of Los Angeles, State of California. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and the Company with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Los Angeles, State of California shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Website or these Terms. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. 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 use of the Website, the Content, any User Content, the Services and/or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Company.

    EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

    YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    Further, unless both you and Company agree otherwise, the trier of fact may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

    In addition, in the event of a breach of these Terms by you, the Company will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies. This provision will not be construed as a waiver of the rights which the Company may have for damages under these Terms or otherwise, and all of the Company's rights and remedies will be unrestricted.

  25. Questions: If you have any questions, comments or complaints regarding these Terms or the Site, feel free to contact us at: 12410 Santa Monica Blvd., Los Angeles, CA, 90025; e-mail: info@kossresource.com.
  26. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  27. Last Updated: April 26, 2012

Rexford Industrial