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Terms of Use

(Effective May 2017)

This Terms of Use agreement (this “Agreement” or these “Terms of Use”) is a legal agreement between you and B.H. Management, Inc. dba BH Properties (“BHP” “we,” “us” or “our”) providing, among other things, the terms and conditions for your use of this website located at www.bhproperties.com along with other sites operated and/or hosted by BHP that relate to properties owned or controlled by BHP(individually and collectively, the “Site”).

This Agreement contains warranty and liability disclaimers. By using this Site, you accept and agree to the terms and conditions of this Agreement without any reservations, modifications, additions, or deletions. If you do not agree to the Terms of Use contained in this Agreement, you are not authorized to use the Site. You may be denied access to the Site, with or without prior notice to you, if you do not comply with any provision of this Agreement.

We may from time to time modify these Terms of Use and will post a copy of the amended Agreement at www.bhproperties.com which shall apply to this Site and all other Sites owned and/or hosted by BHP. If you do not agree to, or cannot comply with, the Agreement as amended, you should not use the Site. You will be deemed to have accepted the Agreement as amended if you continue to use the Site after any amendments are posted on the Site. We reserve the right to refuse to provide our products and services to anyone at any time. In the case of any violation of these Terms of Use, we reserve the right to seek all remedies available at law and in equity for such violations. You agree that the Site will be used only as provided in such terms and conditions and for legitimate business purposes. You agree that use of the Site is subject to all applicable national, state, and local laws and regulations, and that you are solely responsible for the contents of your communications through the Site.

1. Limited License to Use the Site
(a) Grant of License. BHP grants to you a limited, non-exclusive, non-transferable license to access and use the Site in accordance with the terms and conditions set forth in this Agreement. BHP reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Site not specifically permitted under this Agreement is strictly prohibited.

(b) Restrictions. You agree that you will not: (i) use the Site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without BHP’s express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Site; or (iii) use our Site in any way that violates the terms of this Agreement. The Site is owned by BHP and is protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. You may view and print a copy of the “Content” (defined below) displayed on the Site, and download a copy of any Content that is designated for downloading, for your personal use only, but you may not alter the Content in any way, including, without limitation, removing or modifying any copyright or other ownership notices.

2. Other Restrictions. You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the Site; (c) send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

3. Copyrights, Trademarks and Other Intellectual Property. You acknowledge to BHP that BHP owns or has a license to all title and copyrights, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site (“Content”). All title and intellectual property rights in and to any licensed content provided on this Site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You acknowledge that Content is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by us. This Site contains material that is owned by or licensed to us. BHP together with our licensors, own and control all the copyright and other intellectual property rights in our Site and the material on our Site. All intellectual property rights, copyrights, and trademarks are expressly reserved. “Company Trademarks” means all names, marks, trademarks, service marks, graphics, brands, logos, designs, trade dress and other designations BHP uses in connection with the operation of its business, provision of products and services. You acknowledge our rights in the Company Trademarks and agree that any and all use of the Company Trademarks shall inure to the sole benefit of BHP. These terms do not transfer any right, title, or interest in the Site or the Content to you, and you may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by BHP. You agree not to use or divulge to others any information designated by BHP as proprietary or confidential. Any unauthorized use of any Content contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the Company trademarks or the trademarks of any third party. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM US. YOU ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE SITE FOR ANY PUBLIC, PERSONAL OR COMMERCIAL PURPOSES.

4. Privacy Policy. Unless otherwise addressed in this Agreement, your use of this Site is subject to BHP’s Privacy and Security Policy, which is incorporated by reference and made a part of this Agreement. It is important that you read and understand the terms of the BHP’s Privacy and Security Policy. BHP may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this Site.

5. Submissions or Other Information. If you submit to us or post on the Site any testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) including, without limitation, submissions about any of our products or services, such Submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any Submission to us that you consider contains confidential or proprietary information. No Submission sent to us will be considered or treated as confidential information. We do not pre-screen Submissions and we will have no obligation to read any particular Submission submitted or sent to us. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

6. Term. This Agreement, as may be modified from time to time, will remain in effect until terminated by us.

7. Disclaimers.
(a) The Site (including all of its content) is provided to you on an “as-is” and “as-available” basis. Any use of this Site is at your own risk. To the maximum extent permitted by applicable law, BHPdisclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. BHP makes no representations, warranties or guarantees that this Site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and BHPdisclaims any liability relating thereto. You understand and agree that any material or data downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of such material or data.

(b) BHP makes no representations, warranties or guarantees that use or results of the use of the Site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, BHP may modify, suspend, or discontinue any aspect or feature of this Site or your use of this Site. If BHP elects to modify, suspend, or discontinue the Site, it will not be liable to you or any third party.

(c) All property listing information contained within this Site is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this Site are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed property. You and your tax and legal advisors should conduct your own investigation of any property listed on this Site and any contemplated transaction concerning any property listed on this Site.

(d) You acknowledge that your Submission of any information to us is at your own risk. BHP does not assume any liability to you with regard to any loss or liability relating to such information in any way.

(e) Some of the content, products, and services available through the BHP Site may include materials that belong to third parties. You acknowledge that BHP assumes no responsibility for such content, products or services.

8. Limitation of Liability. In no event will BHP be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if BHP has been advised of the possibility of such damages. No oral or written information or advice given by BHP or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

9. Indemnity. You will indemnify, defend, and hold BHP, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits, claims, damages, expense (including reasonable attorneys’ fees and costs) arising out of or in any way relating to (i) your breach of this Agreement, including, but not limited to, any infringement by you of the copyright, trademark, patent or other intellectual property rights of BHP and any third party; (ii) acts or omissions by you out of or in connection with this Agreement; (iii) intentional or negligent violations by you of any applicable laws or governmental regulation; or (iv) contractual relations between you and a third party.

10. Miscellaneous.
(a) You will be responsible for providing the form of internet access and any other hardware and software necessary to access and use the Site.

(b) BHPagrees to comply in all material respects with all applicable laws, including, but not limited to, privacy laws and individual state laws with respect to the sale or lease of real property. You agree to comply with all such laws applicable to you.

(c) This Agreement will be governed by the laws of the State of California. The exclusive jurisdiction for any claim, action or dispute with BHP or relating in any way to your use of the Site will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Los Angeles, California. We reserve the right to make changes to the Site and these disclaimers, terms, and conditions at any time.

(d) BHP may send notices to you with respect to your use of the Site by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by a posting a note on the Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

(e) In the event that any provision of the Terms of Use shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms of Use. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

(f) For questions regarding this Siteor your use of this Site, please email us at info@bhproperties.com.