Terms & Conditions

CHHABRIA REAL ESTATE COMPANY USE AGREEMENT (“Agreement”) TERMS & CONDITIONS

ADVISORY: THIS IS A BINDING AGREEMENT. YOUR USE OF THE SITE IS SUBJECT TO THE TERMS AND CONDITION SET FORTH IN THIS AGREEMENT.

These terms and conditions (“Terms & Conditions”) apply to all websites (Site”) of Chhabria Real Estate Company and their affiliates, owners and subsidiaries.  Your use of this Site is subject to these Terms & Conditions along with any specific terms and conditions set forth on the individual pages within this Site (collectively, the “Terms & Conditions”) and all applicable regulations and laws, including, but not limited to, those relating to trademark, copyright, and other intellectual property rights. Your submission of information on this Site is subject to the Privacy Policy provision in this Agreement.

PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE OBTAINING OR USING ANY MATERIALS, PRODUCTS, SERVICES OR INFORMATION THROUGH THE SITE. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, ALL OF THE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO EACH AND ALL OF THESE TERMS, EXIT THE SITE IMMEDIATELY. We reserve the right to amend any section of the Terms & Conditions without notice by posting a Revised Date  on the Site. Your continued access or use of the Site means that you accept and agree to any revised Terms & Conditions. 

USE OF THE SITE 

GENERAL 

The services of the Site are not intended for and should not be used by minors. You may only use the services of this Site if you are at least 18 years of age and can form legally binding contracts under applicable law. 

While this Site is not intended for use by minors, if you agree to allow your minor child to register for any services on this Site, you acknowledge and agree that you will be solely responsible for the online conduct of such child, monitoring such a child’s use of the site and the consequences of any use of this Site by the child.

LINKS TO THIRD PARTY WEBSITES 

The Site may contain links to third party websites. Chhabria Real Estate Company provides these links solely for your convenience. The inclusion of these links in no way indicates Chhabria Real Estate Company’s endorsement, approval, or support of such site’s content, products, services, or operators. We undertake no obligation to monitor or review any sites linked to or from the Site. Your use of any such site is subject to the terms and conditions of such sites and at your own risk. We are not responsible for the practices, services, products, or content of third party sites. Additionally, you agree not to link your site or any other third party site to the Sites without express prior written consent of Chhabria Real Estate Company. In addition, certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. We are not responsible for the actions or privacy policies of any third party sites. If you have any questions or concerns about the actions or privacy policies or third party sites, we urge you to contact the relevant parties in control or operation of those sites.

CHHABRIA REAL ESTATE COMPANY’S RIGHT TO CANCEL / ERRORS / MISTAKES 

The Site may contain typographical, technical inaccuracies, or other errors in connection with information displayed on the Site.  Chhabria Real Estate Company assumes no responsibility or liability for such inaccuracies, errors, or omissions. Chhabria Real Estate Company reserves the right to make corrections, changes, cancellations, and/or improvements to such information based on such information, at any time.

PROHIBITED USES 

Any commercial use of this Site is strictly prohibited unless you have obtained express prior written consent from Chhabria Real Estate Company. You may not use this Site to post or transmit any unlawful, threatening, libelous, infringing, defamatory, indecent, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere or disrupt the Site, (b) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site withoutChhabria Real Estate Company’s prior express written consent, (c) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without Chhabria Real Estate Company’s prior express written consent, or (d) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, disrupt, intercept, or harm (or intend to do any of the preceding) the Site, including the underlying hardware, software, systems, and any users of the Site or their devices. 

INTELLECTUAL PROPERTY 

COPYRIGHT 

Unless otherwise noted, all content on this Site is the copyrighted property of Chhabria Real Estate Company, its affiliates, or licensors. All content of this Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions. To ensure that you do not infringe on any of Chhabria Real Estate Company’s copyrighted materials, do not directly or indirectly copy, reproduce, or distribute any of Chhabria Real Estate Company’s materials or any part of the text or graphics of those materials; do no directly or indirectly modify or create derivative works of any of Chhabria Real Estate Company’s materials; do not create a simulator or emulator of an Chhabria Real Estate Company product in a manner that is likely to confuse the public about the source; do not create materials that appear as though they originated from or are endorsed by Chhabria Real Estate Company; do not imitate the color or visual appearance of Chhabria Real Estate Company’s materials or products; do not use Chhabria Real Estate Company’s icons as graphical design elements in your materials; and do not distribute Chhabria Real Estate Company’s work by sale, rental, or other disposition.

NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT 

Chhabria Real Estate Company respects the intellectual property rights of third parties. Chhabria Real Estate Company responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Whether or not Chhabria Real Estate Company believes it is liable for any copyright infringement for which it is provided notice, Chhabria Real Estate Company’s acknowledgment may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Chhabria Real Estate Company’s discretion and operating within the guidelines of the DMCA. 

If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact: neil@chhabriare.com

INCLUDE THE FOLLOWING INFORMATION: 

• Your name, address, telephone number and email address;

• A description of the allegedly infringing material and where it is located on the Site; 

• A description of the copyrighted work that you claim has been infringed; 

• A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and 

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law; 

• Your written or electronic signature attesting to the above. 

GENERAL LEGAL TERMS 

RIGHT TO RESTRICT ACCESS 

In addition to any other rights or remedies available to Chhabria Real Estate Company, Chhabria Real Estate Company may, without any liability whatsoever, at its sole discretion restrict or terminate your access or use of this Site at any time and without notice. 

LIMITATION OF LIABILITY 

TO THE FULLEST EXTENT PERMITTED BY LAW, CHHABRIA REAL ESTATE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE, OR INABILITY TO USE, THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR ON ANY OTHER ALLEGATION OFLIABILITY  AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

WHERE APPLICABLE LAW OR THE DISCLAIMERS OF LIABILITY DO NOT APPLY TO YOU, THEN IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY OF SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).

WARRANTY DISCLAIMER 

THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. CHHABRIA REAL ESTATE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE AND NON-INFRINGEMENT. CHHABRIA REAL ESTATE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE OR CORRECT. ALTHOUGH CHHABRIA REAL ESTATE COMPANY TAKES REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND CHHABRIA REAL ESTATE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR ITS SERVICES.

SMS MESSAGING TERMS OF USE

The U.S. mobile operators are not liable for delayed or undelivered messages. Please note message and data rates may apply. SMS text messages are intended to be a reasonable effort communication and represent just one component of Chhabria Real Estate Company’s communication system. SMS text message notifications may be delayed or not received during regional emergencies or other periods of high messaging traffic. Third parties can send SMS text messages disguised as alerts from Chhabria Real Estate Company and therefore you are urged to independently verify the authenticity of any message that you receive. SMS text message notification from Chhabria Real Estate Company will be presented on your mobile device in the same manner as any other SMS text messages. SMS text messages may contain or reference trademarks or other proprietary rights of Chhabria Real Estate Company or its affiliates. No license to or right in any such trademarks and other proprietary rights of Chhabria Real Estate Company and/or other parties is granted to or conferred upon you. To the maximum extent permitted by law, all information contained in SMS text messages is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the receipt, use, failure of, or inability to use, SMS text messages.

INDEMNITY 

You agree to release, defend, indemnify and hold harmless Chhabria Real Estate Company and ourofficers, directors, agents, employees and representatives, against any loss, damage or cost incurred by us arising out of or in any way connected with this agreement including, but not limited to, your use of the Site, any of its services or any information accessible over or through the Site, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

CLASS ACTION WAIVER

You and Chhabria Real Estate Company agree that neither party may file or commence a class action lawsuit, representative action lawsuit, collective action lawsuit against the other party or participate in any such lawsuit or action against the other party. 

JURISDICTION / GOVERNING LAW / CHOICE OF FORUM 

This Site is operated and controlled by Chhabria Real Estate Company from its offices within the State of California, United States of America. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of California, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in or near Los Angeles, California, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

NO WAIVER 

Chhabria Real Estate Company’s failure to enforce or insist upon strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Chhabria Real Estate Company nor any trade practices shall be considered to modify these Terms & Conditions. 

SEVERABILITY 

If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.

FORWARD LOOKING STATEMENTS 

Certain statements and assumptions in this Site contain or are based upon “forward-looking” information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. When we use the words “will,” may,” “estimate,” “anticipate,” “should,” “believe,” “expect,” “intend,” or similar expressions, we intend to identify forward-looking statements. Forward-looking statements made in this web site are made only as of the date of their initial publication and we undertake no obligation to publicly update any of these forward looking statements as actual events unfold.

QUESTION AND COMMENTS 

If you have any comments or questions about our privacy practices or your experience with the Site, please contact us at neil@chhabriare.com. 

Last Updated: August 11, 2020

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