Effective: October 1, 2023
Welcome to the 1200 Lakeshore Apartments website!
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.
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.
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.
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.
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.
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.
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.
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.
16.7 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.
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: