Mission Rock Website Disclaimers
Our website address is: https://MissionRock.com.
Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he/they: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) listings (“Listings”) of current industrial, commercial and residential real estate properties owned and/or managed by Mission Rock (“Properties”), as featured on the Site; and/or (ii) text, video, links and/or other information pertaining to: (A) Mission Rock and its industrial, commercial and residential real estate-related products and/or services made available on the Site (“Informational Content”); and (B) investment opportunities with Mission Rock (collectively, the “Investment Content,” and together with the Listings and Informational Content, the “Content”); (c) utilizes the various third-party service portals featured on the Site (“Third-Party Portals”), as made available by our third-party service providers (“Third-Party Service Providers”) for use by tenants of the Properties (“Tenants”), as well as employees of Mission Rock (“Employees”); (d) accesses links to Mission Rock’ social media pages/accounts (collectively, “Social Media Pages”) featured on third-party social media websites, such as Instagram®, LinkedIn® and Vimeo® (collectively, “Social Media Websites”); (e) accesses the Listing sharing feature made available on the Site (“Listing Share”); and/or (f) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Mission Rock (collectively, the “Contact Services,” and together with the Site, Content, Third-Party Portals, Social Media Pages and Listing Share, the “Site Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
The floor plans, square footage, renderings, photographs and other descriptions set forth in the property listings are only estimates. They may contain inaccuracies and are offered for informational purpose only.
No part of the Investment Content and/or other Site Offerings should be construed as business, financial, investment, hedging, trading, legal, regulatory, tax and/or accounting advice. You should not use the Investment Content or other Site Offerings as the primary basis for any investment and/or trading decisions. Mission Rock is not acting, in any capacity, as a financial advisor or a fiduciary, and no element of the Investment Content and/or other Site Offerings should be construed as creating such a relationship. You should consult with your business, financial, accounting and legal advisors to be sure that any investments, advice, products and/or services offered by and/or through the Site Offerings are appropriate for you.
No part of the Investment Content and/or other Site Offerings should be construed: (i) as a recommendation to purchase or sell any financial product or instrument or to enter into any transaction; or (ii) as a representation that any particular financial product or instrument is suitable or appropriate for you. The financial products featured by and through the Site Offerings involve significant risks, including the risk of losing all amounts invested. You should not enter into any transactions unless you fully understand all of the risks involved, have independently determined that the risks are acceptable to you and independently determined that the transactions are appropriate for you in light of your objectives, experience, financial and operational resources and other relevant circumstances. Any discussion of risks contained in the Investment Content and/or other Site Offerings, however, should not be considered to be a disclosure of the risks of particular transactions, or a complete discussion of the risks which are mentioned.
Instagram® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Vimeo® is a registered trademark of Vimeo, Inc. (“Vimeo”). Please be advised that Mission Rock is not in any way affiliated with Facebook, LinkedIn or Vimeo, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.
Scope; Modification of Agreement.
The Agreement constitutes the entire and only agreement between Users and Mission Rock with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Mission Rock may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
Requirements; Termination of Access to the Site Offerings. The Site Offerings are available only to individuals who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age), can enter into legally binding contracts under applicable law and are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”) (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), individuals who cannot enter into legally binding contracts under applicable law and/or individuals attempting to register on behalf of an Entity who are not duly authorized representatives of that Entity. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Mission Rock does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Mission Rock does not guarantee that the Site Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and Mission Rock has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
Contact Services; Information Submitted for Use of Third-Party Portals.
In addition, where a User attempts to use one (1) or more of the Third-Party Portals made available on the Site (as further detailed below), that User may be required to submit information (such as email or information about the User’s unit at an applicable Property to the Third-Party Service Provider that operates the Third-Party Portal (collectively, “Portal Data”). Your submission of Portal Data shall be governed by the privacy policies of the applicable Third-Party Service Provider(s) who operate the subject Third-Party Portal(s). We encourage you to review the privacy policies and settings of the Third-Party Service Provider(s) and associated Third-Party Portal(s) with which you interact to help you understand the respective privacy practices of the Third-Party Service Provider(s). If you have questions about the security and privacy settings of any Third-Party Service Provider and/or Third-Party Portal that you use, please refer to the applicable Third-Party Service Provider’s privacy notices or policies.
The Site contains links to Third-Party Portals that are hosted and operated by Mission Rock’ Third-Party Service Providers. The Third-Party Portals may be used (a) by tenants of the Properties to request works and manage visitors; and (b) in other ways as made available by Mission Rock from time-to-time in its sole discretion. Please be advised that Mission Rock does not itself own or operate the Third-Party Portals, or provide any underlying Third-Party Portal-related products and/or services. The ultimate terms and conditions of any such Third-Party Portal-related products and/or services will be determined by the applicable Third-Party Service Provider(s). You understand and agree that Mission Rock shall not be liable to you for any Third-Party Portal-related products and/or services offered by any Third-Party Service Provider and/or for the discontinuation of same.
The Site contains Content which includes, but is not limited to, text, video and other information pertaining to the Properties, the Listings, Mission Rock and its industrial, commercial and residential real estate-related products and/or services. Although some of the Content made available to you on this website is obtained and/or compiled from sources that Mission Rock believes to be reliable, Mission Rock cannot and does not guarantee the accuracy, validity, timeliness or completeness of any such Content. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. Without limiting the foregoing, please be advised that any floor plans, square footage, renderings, photographs and other descriptions set forth in the Listings are only estimates, may not be accurate in any respect and should not be relied upon. The Content, including the Listings, is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
The Listing Share feature allows Users to send links for Listings to other individuals via e-mail. In order to use the Listing Share feature, a User must input the email address of the intended recipient and include a short message, if so desired (“User Content”). Each User represents and warrants that it will not use the Listing Share feature in violation of any applicable laws, rules or regulations including, without limitation, the CAN-SPAM Act of 2003, as amended. In connection with the User Content, each User agrees not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in the applicable User’s community, as defined under applicable law; (c) impersonate any person or entity; (d) “stalk” or otherwise harass any person; (e) engage in any unauthorized advertising to, or commercial solicitation of, Users or other third parties; (f) transmit any chain letters, spam or junk e-mail to any Users or other third parties; (g) express or imply that any statements she/he/they makes are endorsed by Mission Rock; (h) harvest or collect personal information of Users or other third parties whether or not for commercial purposes, without their express consent; (i) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (j) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (k) transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or (l) transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such User’s account and/or access to some or all of the Site Offerings without notice, in the sole discretion of Mission Rock. Mission Rock reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct
Social Media Pages. The Site contains links to the various Mission Rock Social Media Pages. The Social Media Pages are hosted and made available on the applicable Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Mission Rock shall not be liable to you, any other end-user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
Representations and Warranties. Each User hereby represents and warrants to Mission Rock as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User and, where applicable, the Entity that she/he/they represents which is fully enforceable against such User and, where applicable, the Entity that she/he/they represents in accordance with its terms; (b) User understands and agrees that User and, where applicable, the Entity that she/he/they represents, has independently evaluated the desirability of utilizing the Site Offerings and that neither User nor, where applicable, the Entity that she/he/they represents, has relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance of the Agreement by User and, where applicable, the Entity that she/he/they represents, will not conflict with or violate: (i) any order, judgment or decree applicable to User or, where applicable, the Entity that she/he/they represents; (ii) where applicable, any provision of User’s Entity’s corporate by-laws, certificate of incorporation or other organizational documents, if applicable; or (iii) any agreement or other instrument applicable to User or, where applicable, the Entity that she/he/they represents; and (d) User’s performance under this Agreement and use of the Site Offerings, the User Content and, where applicable, the performance of the Entity that she/he/they represents and that Entity’s use of the Site Offerings, will not infringe upon any third-party’s intellectual property rights and/or violate any applicable laws, rules or regulations.
Indemnification. Each User and, where applicable, the Entity that she/he/they represents, agrees to indemnify, defend and hold Mission Rock, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) that User’s/Entity’s, as applicable, breach of the Agreement and/or any representation or warranty contained herein; (b) that User’s/Entity’s, as applicable, User Content, if any; and/or (c) that User’s/Entity’s, as applicable, unauthorized and/or improper use of the Site Offerings. The provisions of this Section 9 are for the benefit of Mission Rock, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Mission Rock may terminate this license at any time for any reason. Unless otherwise expressly authorized by Mission Rock, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Mission Rock. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third-party may use the Site Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Mission Rock. Each User further agrees to indemnify and hold Mission Rock harmless for that User’s failure to comply with this Section 10. Mission Rock reserves any rights not explicitly granted in the Agreement.
The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third-party of any part of the Site Offerings is strictly prohibited. No User or other third-party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Mission Rock” name and logos, and all associated graphics, icons and service names, are trademarks of Mission Rock LLC. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Mission Rock will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
Disclaimer of Warranties.
THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Mission Rock MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S/ENTITY’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL CONTAIN ACCURATE LISTINGS, INCLUDING ACCURATE DEPICTION OF FLOOR PLANS AND SQUARE FOOTAGE ASSOCIATED WITH SAME; (E) WILL ENABLE YOU TO REALIZE ANY SPECIFIC INVESTMENT OUTCOME AND/OR OTHER FINANCIAL BENEFIT; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MISSION ROCK WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM MISSION ROCK OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability.
EACH USER AND, WHERE APPLICABLE, EACH ENTITY, EXPRESSLY UNDERSTANDS AND AGREES THAT MISSION ROCK SHALL NOT BE LIABLE TO THAT USER OR, WHERE APPLICABLE, ENTITY, OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MISSION ROCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTACT DATA; (E) ANY CLAIM RELATED TO ANY INACCURATE LISTINGS, INCLUDING INACCURATE DEPICTIONS OF FLOOR PLANS AND/OR SQUARE FOOTAGE ASSOCIATED WITH SAME; (F) THE FAILURE TO REALIZE ANY SPECIFIC INVESTMENT OUTCOME AND/OR OTHER FINANCIAL BENEFIT; AND (G) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER AND, WHERE APPLICABLE, ENTITY HEREBY RELEASES MISSION ROCK FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF MISSION ROCK TO ANY USER AND ANY ENTITY UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER, ENTITY OR MISSION ROCK MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER/ENTITY, AS APPLICABLE, AND MISSION ROCK. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS/ENTITIES, AS APPLICABLE, WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF MISSION ROCK SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Third-party Websites/Web Venues.
The Site Offerings contain links to other websites, web venues and/or web properties on the Internet that are owned and operated by third parties including, without limitation, the Social Media Pages and Third-Party Portals. Mission Rock does not control the information, products or services made available on, by or through these third-party websites and/or portals. The inclusion of any link does not imply endorsement by Mission Rock of the applicable website, portal or any association with the website’s operators. Because Mission Rock has no control over such websites and/or resources, each User agrees that Mission Rock is not responsible or liable for the availability or the operation of such external websites and/or portals, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that Mission Rock shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
Editing, Deleting and Modification.
Mission Rock reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.
Use of Contact Data.
Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in San Francisco, NY and shall be governed by and construed in accordance with the laws of the State of San Francisco (without regard to conflict of law principles). Should a dispute arise concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Mission Rock and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Mission Rock incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Mission Rock’ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Mission Rock may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you have any questions about the Agreement, Site Offerings or the practices of Mission Rock @ APalmer@TishmanSpeyer.com
( last updated: 31 July 2019)
Instagram® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Vimeo® is a registered trademark of Vimeo, Inc. (“Vimeo”). Please be advised that Mission Rock is not in any way affiliated with Facebook, LinkedIn or Vimeo, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.
Your California Privacy Rights
Mission Rock will never share, sell, rent, exchange or barter your Personal Data to or with any third-party for financial gain or marketing purposes. Nevertheless, we may, in certain limited instances, share your Personal Data with third parties who perform administrative functions on our behalf. If you are a resident of the State of California and would like to learn how your “Personal Data” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of Personal Data/personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please email us at: APalmer@TishmanSpeyer.com
Personal Data Collected
Where a User attempts to utilize the Contact Services, that User may be required to submit, and Mission Rock may collect, some or all of the following information: (a) the User’s e-mail address; and (b) any other information collected via the Contact Services form.
In addition, where a User attempts to use one (1) or more of the Third-Party Portals made available on the Site, that User may be required to submit information (such as email address or information about the User’s unit at an applicable Property) to the Third-Party Service Provider that operates the Third-Party Portal (collectively, “Portal Data”). Your submission of Portal Data shall be governed by the privacy policies of the applicable Third-Party Service Provider(s) who operate the subject Third-Party Portal(s). We encourage you to review the privacy policies and settings of the Third-Party Service Provider(s) and associated Third-Party Portal(s) with which you interact to help you understand the respective privacy practices of the Third-Party Service Provider(s). If you have questions about the security and privacy settings of any Third-Party Service Provider and/or Third-Party Portal that you use, please refer to the applicable Third-Party Service Provider’s privacy notices or policies.
Further, when using the Listing Share feature, you must input the email address of the individual that you wish to provide a Listing to (each, a “Listing Share E-mail Address”). Please be advised that Mission Rock will not access and/or use any Listing Share E-mail Address for any purpose other than facilitating the Listing Share communication.
Use of Personal Data
Mission Rock will never share, sell, rent, exchange or barter your Personal Data to or with any third party for financial gain or marketing purposes. By making that Personal Data available to Mission Rock, you grant Mission Rock the right, subject to applicable law, to use that Personal Data to contact you by email regarding your request for Contact Services and other use(s) of the Site Offerings. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such e-mail message or see the “Opt-Out/Unsubscribe” section below.
We will also use your Personal Data for customer service, to provide you with information that you may request, to customize your experience with the Site Offerings and/or to contact you when necessary in connection with your use of the Site Offerings. We may also use your Personal Data for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include the Third-Party Service Providers that operate the Third-Party Portals. The entities performing these limited functions on our behalf shall have access to our Users’ Personal Data solely as needed to perform these functions for us, but we do not permit them to use User Personal Data for other purposes.
At times, we may want to contact you via telephone regarding your use of the Site Offerings. To enable us to contact you by telephone regarding your use of the Site Offerings, you agree that by submitting your Personal Data by and through the Site Offerings, such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
We reserve the right to release current or past Personal Data: (i) in the event that we believe that the Site Offerings are being or have been used in material violation of the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Data pursuant to a subpoena; (iii) to comply with a legal obligation, including sharing your name/e-mail address with third-parties to assist you with your opt out requests in compliance with applicable law, including the GDPR and the CAN-SPAM Act of 2003, as amended from time-to-time; (iv) to protect and defend the rights or property of the Company and/or its other Users; (v) to act in urgent circumstances to protect the personal safety of Users or the public; or (vi) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Mission Rock is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Data, as well as any choices that you may have regarding your Personal Data.
Non-Personal Data Collection and Use
IP Addresses/Browser Type
We may collect certain non-personally identifiable information about your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.
Cross Device Tracking
Mission Rock does not track Users’ use of the Site Offerings across multiple devices, including personal computers and mobile devices.
Mission Rock reserves the right to transfer and/or sell aggregate or group data about Users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Site Offerings Users as a group, without disclosing Personal Data, or linking any personally identifiable information.
Social Media Websites
If you engage in any interaction with Mission Rock, other Users or any third party on any Social Media Pages, you should be aware that: (a) the Personal Data that you submit by and through such Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Mission Rock responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Mission Rock’ social media accounts.
We are not responsible for the Personal Data that you choose to submit on any Social Media Websites. The Social Media Websites operate independently from Mission Rock, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.
Third-Party Websites/Web Venues
This Site may contain links to third-party owned and/or operated websites, web venues and other web-based properties including, without limitation, the Third-Party Portals and Social Media Websites. Mission Rock is not responsible for the privacy practices or the content of such websites/web venues. These third-party websites/web venues have separate privacy and data collection practices and Mission Rock has no responsibility or liability relating to them.
We endeavor to safeguard and protect our Users’ Personal Data. When Users make Personal Data available to us, their Personal Data is protected both online and offline (to the extent that we maintain any Personal Data offline). If we ever store and/or transmit sensitive information (such as credit card or bank account information), that sensitive information shall be encrypted with advanced TLS (Transport Layer Security).
Access to your Personal Data is strictly limited, and we take reasonable measures to ensure that your Personal Data is not accessible to the public. All of our Users’ Personal Data is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User Personal Data to perform a specific job are granted access to User Personal Data. Our employees are dedicated to ensuring the security and privacy of all User Personal Data. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User Personal Data on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Data under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Data, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Data; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Data will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable law, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Data. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Visitors under eighteen (18) years of age are not permitted to use and/or submit their Personal Data at the Site. Mission Rock does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Mission Rock encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from Mission Rock, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to Mission Rock, as applicable.
Deleting, Modifying and Updating Your Information
We will only maintain your Personal Data for as long as needed for the purpose collected, including providing you with access to the Site Offerings that you have requested. At your request, we will: (a) inform you of what Personal Data we have on file for you; (b) amend the Personal Data that we have on file for you; and/or (c) remove Personal Data that you have provided to us, or that we have collected, from our servers/databases and the servers/databases of any third party that we have provided your Personal Data to. You may do so by e-mailing us at: info@MissionRock.com. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your Personal Data may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the Personal Data that we have on file for you.
Please be further advised that, after you delete your Personal Data, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
Transfer of Personal Data Internationally
Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of Mission Rock, you may email us at: APalmer@TishmanSpeyer.com