Terms of Use and Disclaimers

Last updated: August 26, 2019

Introduction

Please read these Terms of Use (the “Terms“) carefully before using the cottonwoodmgmt.com website (the “Website“) operated by Cottonwood Management, LLC and its affiliates (“Cottonwood“).

These Terms apply to anyone who wishes to access or use the Website.  Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms.  By accessing or using the Website you agree to be bound by these Terms. If you disagree with any of these Terms then you may not access or use the Website.

Intellectual Property

The Website and its original content, features and functionality are and will remain Cottonwood’s exclusive property. The Website is protected by copyright, trademark, and other laws of the United States and other countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Links to Other Web Sites

The Website may contain links to third party websites and services that are not under our ownership or control.  We assume no responsibility for the content, policies, or practices of any of these websites or services. We are not responsible for any damage or loss arising from or related to your use of or reliance on any content, goods or services available on or through these websites or services.

We advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

At our sole discretion, we may terminate or suspend your access to the Website without notice at any time for any reason or for no reason.  All provisions of the Terms which by their nature should survive termination shall survive.

Indemnification

You will defend us, indemnify us and hold us harmless, along with our employees, contractors, agents, officers and directors, from and against all claims, damages, obligations, losses, liabilities, costs and expense (including attorney’s fees), arising from your access and use of the Website or your breach of these Terms.

Limitation of Liability

In no event shall we or our directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access and use of the Website, (ii) your inability to access and use the Website, and (iii) any conduct or content on the Website, whether based on contract, tort or any other legal theory and whether or not we have been informed of the possibility of such damage.

Disclaimer

Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

In particular, we do not warrant that the Website is secure, will function without interruption or will be available at any particular time or location. We do not warrant that any errors or defects will be identified or corrected. We do not warrant that the Website is free of viruses or other harmful components or that the results of using the Website will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflicts of law provisions.

Our failure to enforce any of these Terms will not be considered a waiver of such Terms. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding your access to and use of the Website and supersede and replace any prior agreements we might have had between us regarding the Website.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. In that case, your continued use of the Website will constitute your acceptance of the modified or replacement Terms.  If you do not agree to the modified or replacement Terms, you may not continue to access or use the Website.

Contact Us

If you have any questions about these Terms, please contact us.