Terms and Conditions
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1. Acceptance Of Terms
These Terms & Conditions ("Terms") govern your access to and use of calcap.com and the related products and services provided by CALCAP Real Estate Advisors, Inc. ("Company," "we," "us," or "our") (collectively, the "Services").
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 13 years old to use the Services. If you use the Services on behalf of an organization, you represent you have authority to bind that organization and "you" includes the organization.
3. Privacy
Your use of www.calcap.com is subject to CALCAP’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
4. Account Registration (if Applicable)
We use personal information to:
- Provide, operate, maintain, and improve the Services
- Respond to inquiries and provide customer support
- Send administrative messages (e.g., updates, security notices)
- Personalize content and user experience (if enabled)
- Analyze performance and usage trends
- Detect, prevent, and investigate fraud, security incidents, and misuse
- Comply with legal obligations and enforce our agreements
5. License And Permitted Use
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes (or personal use, as applicable) in accordance with these Terms.
6. Prohibited Uses
You are granted a non-exclusive, non-transferable, revocable license to access and use www.calcap.com strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to CALCAP that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CALCAP or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CALCAP content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CALCAP and the copyright owners. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CALCAP or our licensors except as expressly authorized by these Terms.
7. User Content (if Applicable)
If you submit content ("User Content"), you represent you have the right to submit it and it does not violate law or third-party rights.
You grant Company a license to host, reproduce, and display User Content solely to provide and improve the Services.
We may remove User Content that violates these Terms.
8. Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.calcap.com strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to CALCAP that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CALCAP or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CALCAP content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CALCAP and the copyright owners. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CALCAP or our licensors except as expressly authorized by these Terms.
9. Third-party Services And Links
www.calcap.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CALCAP, and CALCAP is not responsible for the contents of any Linked Sites, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. CALCAP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CALCAP of the site or any association with its operators.
Certain services made available via www.calcap.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.calcap.com domain, you hereby acknowledge and consent that CALCAP may share such information and data with any third party with whom CALCAP has contractual relationship to provide the requested product, service or functionality on behalf of www.calcap.com users and visitors.
10. Service Availability And Changes
We may modify, suspend, or discontinue the Services (in whole or part) at any time. We may also update these Terms as described in Section 18.
11. Disclaimer Of Warranties
The services are provided "as is" and "as available." to the maximum extent permitted by law, company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation Of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CALCAP ADVISORS AND/OR ITS SUPPLIERS AND AFFILIATES, MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CALCAP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WIHTOUT WARRANTY OR CONDITION OF ANY KIND. CALCAP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRIGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALCAP AND/OR ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CALCAP OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend and hold harmless CALCAP, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of, or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CALCAP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CALCAP in asserting any available defenses.
14. Termination
CALCAP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by the law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CALCAP as a result of this agreement or use of the Site. CALCAP’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CALCAP’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided or gathered by CALCAP with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CALCAP with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CALCAP with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent.
15. Governing Law
These Terms are governed by the laws of California/ United States, without regard to conflict-of-laws principles.
16. Dispute Resolution (optional – Must Be Reviewed By Counsel)
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
17. Changes To Terms
CALCAP reserves the right, in its sole discretion, to change the Terms under which www.calcap.com is offered. The most current version of the Terms will supersede all previous versions. CALCAP encourages you to periodically review the Terms to stay informed of our updates.
18. Contact
CALCAP – California Capital Real Estate Advisors, Inc.
65 N. Catalina Ave, Pasadena, CA 91106