6200 WILSHIRE, LLC DISCLAIMERS Legal Disclaimers
6200 Wilshire is owned by 6200 Wilshire LLC, a single-purpose entity solely responsible for its obligations and liabilities. Crescent Heights® is a registered trademark used by a group of companies. No representations or warranties are made as to amenities, services and/or features which are subject to closure, reduced service and/or change at any time without notice and may be subject to additional fees. Fair Housing Opportunity.
These Legal Disclaimers, the Terms and Conditions of use and the privacy policies are the policies of 6200 Wilshire, LLC, a California limited liability company (“6200 Wilshire”) that apply to your use of this website (“Website”), and they shall govern your use of the Website. The terms "we", "us" or "our" refer to 6200 Wilshire, and the terms "you" and "your" refer to you, a prospective purchaser of an office condominium in the 6200 Wilshire office building (“Building”).
Building Amenities and Units
Existing and proposed amenities for the Building and units are subject to changes, substitutions and/or deletions without notice. 6200 Wilshire makes no representation or guarantee that the amenities or units will be built out as currently planned.
Booking an Appointment
Booking an appointment to view a potential unit space in the Building (“Unit”) does not constitute an offer by you to buy, nor an offer by us to sell, a condominium in the Building. Any such offer to buyer a condominium may only be made in writing signed by you. We will not have agreed to sell a condominium to you unless we have accepted your offer in writing.
Copyright
This Website and all materials contained herein, including, but not limited to, floor plans are copyrighted and may not be distributed, modified, or reproduced in whole or in part without the prior written permission of 6200 Wilshire. The images from this Website may not be reproduced in any form without the prior written consent of 6200 Wilshire. 6200 Wilshire actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Building Features
Images of Units and the Building common areas are solely for illustrative purposes and should not be relied upon when making an offer. Images may not accurately represent the actual condition of a Unit or the current condition of common area improvements. The specific features, floor plans, square footage, dimensions and design elements in a Unit and the Building common areas may also vary from floor to floor. We reserve the right to substitute equipment, material, appliances, finishes and decor with items of equal or higher value, in our sole opinion. Color, material, equipment, finishes, decor and size variations from images may occur. The prices of our Units and available locations of Units and on a certain floor of the Building are subject to change without notice or obligation. Please see the proposed condominium documentation, purchase and sale agreement, disclosures and disclaimers relating to a prospective Unit and Building features. You should not rely on this Website for information to make an offer. All Building and Unit features should be confirmed before you make an offer on a Unit.
Floor Plans
We reserve the right to make changes to the Building floor plans and Unit configurations and common area dimensions, without prior notice or obligation. Units in the Building are not of any standard size or shape but are designed by combining an adjacent number of one foot (1’) by one foot (1’) grid areas into the agreed upon unit size and configuration. If you purchase a Unit, you will be responsible for construction of the unit boundary walls and all interior walls, partitioning and design. Stated dimensions and square footage are estimates only and should not be used as representation of the Unit’s actual size or net useable square footage, which may be less than the estimated square footage or the square footage represented by the contiguous grid areas. You should not rely on any estimated dimensions or estimated square footage on this Website and should measure the Unit before making an offer to purchase. Garage parking spaces, if any are included with the purchase of a Unit, may vary from Unit to Unit and may not accommodate all vehicles. We make no representations that the garage or any garage parking spaces will accommodate any particular vehicles.
Information Sharing
You have the right to control whether we share some of your personal information. Nothing in this disclaimer prohibits the sharing of information necessary for us to follow the law or as permitted by law. Please check any or all of the information sharing practices below that you wish to limit. You may make your privacy choice(s) at any time. Your choice(s) will remain unless you state otherwise.
Intellectual Property
6200 Wilshire maintains this Website as a service to Internet users and its use is a privilege to the viewer. All information is provided without warranty of any kind, either express or implied. Access and use of the Website and all company links are subject to the terms and conditions set forth herein and to all applicable laws regulating the use of the Internet and those relating to the use of information. The use of this Website is also subject to all applicable laws involving copyrighted materials and intellectual property. 6200 Wilshire reserves the right to revise the terms and conditions for access to its Website from time to time in its sole discretion.
Terms and Conditions
These Terms and Conditions of use and the Privacy Policy are the policies of 6200 Wilshire that apply to your use of our Website, and they govern your use of the Website. The terms "we", "us" or "our" refer to 6200 Wilshire, and the terms "you" and "your" refer to you, a prospective purchaser. By use of our Website, you acknowledge your consent to the Terms and Conditions (which include a mandatory arbitration provision) and the Privacy Policy set forth herein, including the authorization of the use and sharing of your information that is described. If you do not agree with the Privacy Policy or the Terms and Conditions, do not use the Website.
General Website Terms and Conditions
While we endeavor to display current and accurate information, we make no representations or warranties regarding the information set forth in the Website and, without limiting the foregoing, are not responsible for any information being out of date or inaccurate, or for any typographical errors. All use of the Website shall be strictly in accordance with these Terms and Conditions. You represent and warrant that (a) you are age 18 or older, (b) the information you submit through the Website is accurate and complete to the best of your knowledge. You acknowledge that you bear all risk and responsibility for errors or delays that result from inaccurate or incomplete information provided by you. You shall not and shall not attempt to (a) post or transmit to the Website any virus, worm, Trojan horse, time bomb, or other computer programming routine, feature or operation that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, (b) use any device software, routine, feature or operation to interfere with the proper operation of the Website or any activity being conducted on or by the Website, (c) gain access to, copy, alter or modify any data transmitted to the Website by another user, (d) copy, alter, modify, create derivative works based upon, decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Website, or (e) frame or link to the Website. We make no representations or warranties regarding the availability of the Website at any given time, whether the use of the Website will be uninterrupted, or the continued operation of the Website. We, with or without notice, may suspend the operation of the Website for periods of time, terminate the operation of the Website at any time, and suspend or terminate your ability to access and use the Website at any time. We, with or without notice, may revise the features and functionality of the Website, and the instructions and guidelines regarding the access to and use of the Website, at any time. We, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use the Website, and the IP number(s) or address(es) used for the Website. While we take reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs or other computer programming routines, features or operations to the Website that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, we do not guarantee or warrant that the Website or materials transmitted from the Website do not contain such computer programming routines, features or operations. You shall indemnify and hold us harmless from any damage, loss, expense, including without limitation attorneys' fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with the Terms and Conditions, or any misrepresentation made by you in these Terms and Conditions. We are not responsible for any technical failures or problems that are beyond our control, or any results of any such failures or problems.
USE OF THE WEBSITE IS PROVIDED "AS IS WHERE IS," AS AN ACCOMMODATION TO YOU, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THE WEBSITE, FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE OPERATION OF THE WEBSITE, OR SUSPENSION OR TERMINATION OF THE OPERATION OF THE WEBSITE OR THE ABILITY OF YOU TO ACCESS AND USE THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. YOU EXPRESSLY AGREE THAT YOU ACCESS AND USE THE WEBSITE AT YOUR SOLE RISK. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Agreement to Arbitrate and Class Action Waiver: Except as provided herein, You and 6200 Wilshire agree that any dispute, claim or controversy arising out of or relating to the Website or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration and shall be administered by JAMS pursuant to its applicable Arbitration Rules and applicable state law.
THESE TERMS AND CONDITIONS PROVIDE THAT EXCEPT AS PROVIDED HEREIN ALL CLAIMS OR DISPUTES REGARDING THE WEBSITE SHALL BE RESOLVED BY MANDATORY AND BINDING ARBITRATION, WHICH MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT OUR EXPRESS WRITTEN CONSENT. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT, AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. YOU AND 6200 WILSHIRE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
Any disputes regarding this arbitration provision, including applicability, enforcement, validity, or interpretation, shall be resolved by the arbitrator. In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction in the State of California, County of Los Angeles. The allocation of costs between the parties shall be allocated in accordance with the JAMS Consumer Minimum Standards (the “Standards”). Unless prohibited by the Standards or JAMS Rules, each party will bear their own costs in connection with the arbitration.
Arbitration Rules and Governing Law: This arbitration agreement (“Arbitration Agreement”) evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by JAMS in accordance with the Standards and other applicable JAMS Rules then in effect, except as modified here. The JAMS Rules are available at www.jamsadr.com/adr-rules-procedures/. The Standards are available here https://www.jamsadr.com/consumer-minimum-standards/. In order to initiate arbitration, a completed written demand (available at www.jamsadr.com/submit/) must be filed with the JAMS and provided to the other party, as specified in the JAMS rules. Pursuant to the Standards, the parties may exchange non-privileged information relevant to the dispute as part of the arbitration.
Fees and Costs of Arbitration: Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules and, where appropriate, limited by the Standards. If such costs are determined by the arbitrator to be excessive, the arbitrator may determine an appropriate allocation of fees between the parties. Except as permitted by applicable law, either party may make a request that the arbitrator award attorneysʼ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.
Exceptions to the Arbitration Provision: You and 6200 Wilshire each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a partyʼs copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) any claim for the remedy of public injunctive relief. You and 6200 Wilshire agree that, if applicable, the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to Section 3 of the Federal Arbitration Act. Notwithstanding the provisions above, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. If the parties cannot agree on an arbitrator within thirty (30) business days of the date of the written request for arbitration, the arbitration will proceed before an arbitrator selected by JAMS. To initiate arbitrations on proceedings in circumstances where the parties cannot agree on an arbitrator, the party initiating the arbitration request shall first notify the other party in writing that no agreement can be reached on the selection, and then that party shall submit a request to JAMS requesting the appointment of an arbitrator. The designated arbitrator shall have experience and expertise in the subject matter of the dispute. These Terms and Conditions are governed by federal law and the laws of the State of California, without reference to choice of law principles. These Terms and Conditions operate in addition to any terms of use imposed or required by any other digital download platform from which you download the Website (“App Provider Terms”). The terms supplement and do not alter or amend any such App Provider Terms. Accordingly, in the event of any conflict between these Terms and Conditions and any App Provider Terms, the latter terms shall control. All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Website , unless otherwise indicated, are owned, controlled, and licensed by 6200 Wilshire and/or its licensors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. The 6200 Wilshire name and logo are trademarks or service marks of 6200 Wilshire. The unauthorized use of the names, logos, trademarks and service marks appearing on this site is strictly prohibited.
Privacy
Use of the Website is governed under the Privacy Policy and these Terms and Conditions for use.
Disclaimer
6200 Wilshire may at any time revise the Website Legal Disclaimers, Privacy Policy or Terms and Conditions by updating the Website posting. You are bound by any such revision and should therefore periodically visit the Website to review the then current terms and conditions, privacy policy and legal disclaimers to which you are bound. Thank you for taking the time to read all of this important information.