Terms of Use

Legal Notice and Terms of Use

This Site is intended to provide a brief overview of Divco West Real Estate Services, LLC (“DivcoWest,” “we”, “us” or “our”). Please read the following terms and conditions of use (these “Terms of Use”) carefully. The terms and conditions set forth in these Terms of Use constitute a legally binding agreement between you and DivcoWest that conditions your use of this web site and any materials, content and information presented herein (the “Site”). By accessing and/or using the Site, you accept in their entirety these Terms of Use. If you do not accept these Terms of Use, please do not use this Site.

DivcoWest reserves the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Each access or use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use. If you do not agree to any changes or modifications to these Terms of Use, your sole recourse is to stop using the Site.

These Terms of Use were last updated on August 31, 2020.

Use the Site

DivcoWest will allow you to view and use the Site with an individual device for your informational, non-commercial use. Except as specifically permitted below, nothing contained in these Terms of Use or the Site either grants or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of DivcoWest, its affiliates and/or their respective officers, directors, managers, partners, members, shareholders, employees, agents and representatives (“Affiliates”).

You are responsible for your use of the Site. You agree that you are only authorized to visit and view pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site except for your personal use, unless otherwise specifically authorized by us in writing to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us in writing to do so. The content and software on this Site is our property or that of our sponsors, suppliers, or licensors and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

The Site is available for access and use by you solely for lawful purposes. Any action by you or associated with your account that we believe, in our sole and absolute discretion: (a) violates these Terms of Use; (b) violates any applicable law, statute, court order, regulation or ordinance (including, without limitation, those governing export control, consumer protection, unfair or deceptive practices, and false advertising); (c) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use by anyone of the Site; or (d) through the use of the Site, abuses, defames, harasses, libels, disparages or threatens another user of the Site or any other third party, is strictly forbidden.

Without limitation of the other terms and conditions set forth herein, while accessing or using the Site, you agree that you shall not:

  • take any action that attempts to impersonate, deceive, or defraud any person or entity;
  • harvest, otherwise collect, store, post or share personal information about users or any other third parties, including e-mail addresses, postal addresses, and phone numbers, or otherwise attempt to gain unauthorized access to any network, system, or personal information of anyone;
  • use any robot, spider, crawler, scraper, bots or other automated means to access or use the Site;
  • introduce or attempt to introduce software viruses, Trojan horses, worms, backdoors or any other malicious files or computer codes, or take any action that imposes or may impose an unreasonable or disproportionately large load on our technical infrastructure; or
  • post, upload to, store, create or otherwise publish through the Site any:
    • content that is unlawful, libelous, defamatory, obscene, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
    • unsolicited promotions, political campaigning, advertising or solicitations, spam, junk mail, chain letters, mass or bulk email, or pyramid schemes;
    • marketing or promotional materials;
    • any content that is unlawful, libelous, defamatory, obscene, harassing, abusive, fraudulent or otherwise objectionable or harmful;
    • purported or actual financial or other professional advice;
    • content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of ours or of any third party. By posting any content, you represent and warrant that you have the lawful right to use, display, distribute, and reproduce such content; or
    • content that you know or reasonably suspect is false, misleading, untruthful, deceptive, or inaccurate.

When you visit the Site or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We may communicate with you by email to your email address indicated in your communications with us, posting general notices on the Site, or posting messages that are displayed to you when you access the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

User Submissions

All content submitted to us using the Site or via email or otherwise (“Feedback”) will, to the maximum extent permissible under applicable laws, automatically become our sole property, and you hereby assign to us, exclusively and throughout the world, all rights, title, and interests in such Feedback, all intellectual property rights embodied therein, and otherwise, you hereby grant us a perpetual, irrevocable, worldwide, fully-paid up, royalty free, assignable, sublicensable license to use, reproduce, display, create derivative works of, make, sell, have made, have sold, import, export or otherwise exploit any such Feedback. You are not entitled to any acknowledgment, compensation or reimbursement in connection with such Feedback or grant of rights to same. By providing such Feedback, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) we will be entitled to use or disclose (or choose not to use or disclose) any Feedback for any purpose, in any way, in any media worldwide; and (d) we may have something similar to the Feedback already under consideration or in development.

No Offer of Securities or Advice

You acknowledge that the content of the Site is for general, informational purposes only and is not intended, nor shall it be construed, to be an offer or solicitation for the sale of any interests in DivcoWest, its managed funds, investment vehicles and separate accounts, or any of their respective investments. Under no circumstances should any material on the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle sponsored or managed by DivcoWest. Any such offer or solicitation can and will be made only by means of a definitive offering memorandum, only in jurisdictions in which such an offer would be lawful and only in accordance with the relevant securities and other laws of applicable jurisdictions.

We are not utilizing the Site to provide investment, legal, accounting, tax or other professional advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs. Any transactions listed on the Site are included as representative transactions and are not necessarily reflective of overall performance. Past performance is not indicative of future results. No assurance or representation is made, that comparable results will be achieved.

DivcoWest is registered with the SEC as an investment adviser under the United States Investment Advisers Act of 1940, as amended. SEC registration does not imply a level of skill or training. This Site may reference DivcoWest’s assets under management (“AUM”). DivcoWest’s calculation of AUM is different from its calculation of its regulatory assets under management for purposes of its Form ADV. Additional information is available upon request.

Forward-Looking Statements

Statements included herein may constitute "forward-looking statements," which relate to future events or DivcoWest or its Affiliates’ future performance or financial condition, and can be identified by use of forward-looking terminology, such as “may,” “will,” “should,” “expect,” “attempt,” “anticipate,” “project,” “estimate,” “intend,” “seek,” “target,” “continue,” or “believe,” or the negatives thereof or other variations thereon or comparable terminology. These statements are not guarantees of future performance, condition or results, reflect our subjective judgment. No reliance should be placed on forward-looking statements because they involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance, or accomplishments of DivcoWest to differ materially.

Privacy Notice

Your privacy is important to us. You can learn how we handle your information when you use the Site by reading our Privacy Policy located at Privacy Policy. By using the Site, you consent to the collection, use, disclosure and other handling of information consistent with such policy.

Linked Websites

The Site may contain links to websites operated by other parties. The linked sites are not under the control of DivcoWest, and DivcoWest is not responsible for the content available on any other Internet sites linked to the Site. Such links do not imply DivcoWest’s endorsement of material on any other site. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site. Without limiting the generality of the foregoing, we shall not be responsible for and have no control over any privacy or security practices or any third-party site’s collection, storage, use or disclosure of your information.

Social Media

DivcoWest may publish content on social media platforms, however DivcoWest is not affiliated with any social media sites or any of their services. Content and information posted by DivcoWest on social media sites is for information purposes only. We do not make any representation or warranty as to the accuracy or completeness of the content posted on any social media sites, and shall have no liability for any action taken (or inaction) in reliance on any such content. Posts on DivcoWest’s social media sites are not, and should not be considered to be, investment advice, an offer to sell, solicitation to buy, or recommendation to invest in any particular security, strategy, or investment product.

We do not control and are not responsible for any third party content on social media sites. DivcoWest makes no representations about third party content and your use or of reliance on any such content is at your own risk.

Mobile Access

If you use a mobile device to access the Site, you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise.

Intellectual Property

The trademarks, logos, and service marks (collectively, the “trademarks”) displayed on the Site are registered and unregistered trademarks of DivcoWest and others. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the trademarks. Unauthorized use of any trademark may be a violation of federal and state trademark laws. This Site is protected by United States’ and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Site, or individual sections of the design or layout of the Site or DivcoWest logos, without DivcoWest’s written permission.

DivcoWest reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material in the Site.

Disclaimers

DIVCOWEST MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ANY CONTENT OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED.

USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENT. DIVCOWEST DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIVCOWEST ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, OR CONTENTS FROM OR TO THE SITE.

Limitation of Liability; Release

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU SEEK TO HOLD DIVCOWEST AND/OR ITS AFFILIATES, LIABLE AND IN NO EVENT SHALL DIVCOWEST OR ITS AFFILIATES BE LIABLE TO ANY PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY AND AGGRAVATED DAMAGES AND DAMAGES FOR LOSS OF USE, PROFITS OR REVENUE) OR ANY OTHER REMEDY RELATING TO THE ACCESS, USE, INABILITY TO USE, AVAILABILITY OF THE SITE, IRRESPECTIVE OF WHETHER DIVCOWEST OR SUCH AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR LOSSES. UNLESS PROHIBITED BY LAW, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE, DIVCOWEST, ITS AFFILIATES, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITES OR ANY CONTENTS HEREUNDER.

USERS AGREE TO BEAR ALL RISKS ASSOCIATED WITH THEIR USE OF THE SITE AND CONTENT, INCLUDING ANY RELIANCE ON THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS OR APPROPRIATENESS OF THE SITE OR CONTENT. YOU AGREE THAT DIVCOWEST IS NOT LIABLE FOR ANY ACTION YOU TAKE, OMISSION, OR DECISION YOU MAKE IN RELIANCE ON THE SITE OR THE CONTENT, SUBJECT TO APPLICABLE LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.

Indemnification

You agree to indemnify, defend and hold us, our Affiliates, and our and their respective independent contractors, service providers, consultants, directors, officers, employees and agents, and applicable third parties (such as licensors, partners and advertisers) (collectively, the “Indemnified Parties”) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys’ fees) brought against any Indemnified Parties, arising out of or relating to: (a) your use of the Site, the contents hereunder or any other information (Feedback as defined herein) available on the Site; (b) your conduct; (c) your failure to perform your obligations under these Terms of Use (including, but not limited to, your violation of these Terms of Use); and/or (d) your violation of the rights of any third party.

Applicable Law

The Site is operated by DivcoWest from its offices in California. You agree that the laws of the state of California, without reference to its choice of law rules, will govern these Terms of Use and any dispute of any sort that might arise between you and DivcoWest relating to the Site. Any disputes between you and DivcoWest in connection with these Terms of Use may, in DivcoWest’s sole discretion, be resolved in arbitration or small claims court, subject to applicable law. If DivcoWest elects not to arbitrate a dispute, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of San Francisco. DivcoWest makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the DivcoWest Site from territories where the content of the DivcoWest Site may be illegal is prohibited. Those who choose to access the DivcoWest Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

DivcoWest reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site, including the right to block access from a particular Internet address to the Site.

General

If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

The Site or any part of the Site may be periodically unavailable, and information and content may be removed or modified at any time without notice. Notwithstanding any of these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site. You will have no right to compensation or other remedy for being unable to access the Site.

The Site, its contents, and any products or service that are described or referenced on the Site or its contents, are intended for use by United States residents only, and have been developed for compliance with the laws and regulations in the United States. DivcoWest reserves the right to restrict the use of our services to any person, geographic region or jurisdiction or otherwise. Any offer made on this Site is void where prohibited.

All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Site or sending an e-mail to you, or as otherwise provided under Section 13 (Communications between DivcoWest and You) above. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to:

Attention:


Email:

Legal Department
575 Market Street, 35th Floor
San Francisco, CA 94105
legal@divcowest.com

If you have any questions about these Terms of Use, then please contact us at the address set forth above.