FPA Multifamily

Website Terms of Use

Last Updated: June 14, 2021

This website at www.fpamf.comor any sub-domains thereof or other websites operated by or for FPA that link to these Terms (the “Website” or collectively, the “Sites”) is made available to you by Fowler Property Acquisitions, LLC (“FPA”, “our”, “we” or “us”). Please read these terms of use (the “Terms of Use”) carefully before accessing, viewing or using the Website. By accessing, viewing or using the Website, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Website. FPA may modify the Terms of Use from time to time, in the sole discretion of FPA. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.

The Terms of Use do not alter the terms and conditions of any agreement you may have with FPA or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and FPA, the Terms of Use are the entire agreement between you and FPA and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and FPA about this Website.

USE OF COPYRIGHTED MATERIALS/TRADEMARKS

Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials (i) owned by FPA (collectively, the “Materials”) or (ii) provided by third party licensors and suppliers to FPA (collectively, the “Third-Party Content”). All rights not expressly granted in and to the Website, the Materials and the Third-Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information, and other restrictions in connection with the Website, including without limitation any Materials and Third-Party Content therein.

The Materials contain trademarks, service marks and trade names which are owned by FPA and its affiliates. Except as otherwise noted on the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:

Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.

FPA reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from FPA.

The Third-Party Content may also contain brand and product names which are trademarks, service marks or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the Third-Party Content, you agree only to display the Third-Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content. You acknowledge and agree that the Third-Party Content does not reflect the views of FPA and that FPA is not responsible for any views, ideas, positions, materials and the like contained in any Third-Party Content.

Nothing contained on the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of FPA, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and Third-Party Content on the Website are expressly reserved to FPA, its affiliates, and/or any third party, as applicable. Without limiting the generality of the foregoing, unless you have the express prior written consent of FPA or written permission from a third party with respect to such party’s Third-Party Content, you may not (i) distribute the Website, or any portion thereof or content (including without limitation Materials and Third Party Content) of any kind included therein, in any medium, (ii) modify the Website, or any portion thereof, (iii) access the Materials and Third Party Content through any technology or means other than those provided on the Website itself, (iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the Website (including without limitation Materials and Third-Party Content) for any other purpose whatsoever without the prior written consent of the respective owners.

LINKS TO THIRD-PARTY WEBSITES

FPA may provide links to other Internet sites or resources. FPA likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links is provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by FPA. You should be aware that links to the Sites may be provided from other sites, either known or unknown to FPA, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. FPA does not control or endorse any third parties or their websites, products or services, and we are not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites or materials. We have no control over, and are not responsible for, your interactions (online or in person) with any third parties, including other users of the Sites or Services. You are solely responsible for your interactions with any third parties.

HYPERLINKS TO THIS SITE

You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link is to the entry or home page of this Website and does not portray FPA or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by FPA at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any FPA trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of FPA in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing a FPA or FPA affiliate name, trademark, or product name without express written consent from FPA in each instance.

NONINTERFERENCE

You shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third-Party Content or enforce limitations on use of the Website or any such content therein.

DISCLAIMER OF WARRANTIES

THE SITES, SERVICES, AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SITES WILL CONTINUOUSLY OPERATE OR BE ERROR FREE OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SITES EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE, ITS RELIABILITY, CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE SITES SOLELY AT YOUR OWN RISK. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON- INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITES, SERVICES, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE SITES OR OTHER THIRD PARTIES.

FPA MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. FPA MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY

COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

IN CERTAIN INSTANCES FPA PERMITS THIRD PARTIES TO PROVIDE TESTIMONIALS AND INFORMATION. FPA MAY FROM TIME TO TIME POST ARTICLES AND OTHER INFORMATION PROVIDED BY THIRD PARTIES THAT MIGHT BE OF INTEREST OR BENEFIT TO THE PUBLIC. YOU ACKNOWLEDGE THAT THE OPINIONS AND RECOMMENDATIONS OF THIRD PARTIES CONTAINED ON THE SITES ARE NOT NECESSARILY THOSE OF FPA OR ENDORSED BY FPA.

SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FPA OR ITS SERVICE PROVIDERS, SPONSORS, LICENSORS OR AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF YOUR (OR ANY AUTHORIZED USER’S) OR ANY UNRELATED PARTY’S USE OR INABILITY TO USE THE SERVICES AND/OR THE SITES, OR YOUR (OR ANY AUTHORIZED USER’S) OR ANY UNRELATED PARTY’S RELIANCE OR USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE INTERNET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR OTHER DATA LOSS, ERRORS, DEFECTS, DELAYS IN OPERATION, SERVICE OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SERVICES AND/OR THE SITES, EVEN IF WE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE REMEDIES STATED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

PRESS RELEASES

The information contained within press releases issued by FPA and its affiliates should not be deemed accurate or current except as of the date the release was posted. FPA and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

FAIR HOUSING STATEMENT

FPA is committed to compliance with all federal, state, and local fair housing laws. FPA will allow any reasonable accommodation or reasonable modification based upon a disability-related need. The person requesting any reasonable modification may be responsible for the related expenses. FPA will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable laws.

COPYRIGHT INFRINGEMENT POLICY

Unless otherwise indicated, FPA or its licensors hold the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design (the “Site Materials”). Additionally, FPA or its licensors own all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Sites, unless otherwise noted. Without the explicit consent of FPA, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of Site Materials may violate copyright, trademark and other laws. FPA retains all rights not expressly granted, and nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of FPA or any third party.

FPA will allow you to view and print information, documents, and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms and they much agreed to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by FPA or its licensors.

INDEMNITY

You agree to defend, indemnify and hold harmless FPA and its affiliates, officers, directors, owners, operators, employees, volunteers, interns, licensors and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from, related to or in connection with: (i) your use of and access to the Website, including without limitation any Materials contained herein; (ii) your violation of any of these Terms of Use; and/or (iii) your violation of any third party right, including without limitation any Third- Party Content or any other third party copyright, property, or privacy right in connection with your use of or access to the Website.

GENERAL PROVISIONS

Enforcement of the Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to the Terms of Use or your use of the Website will lie in the state or federal courts located in California and you irrevocably agree to submit to the jurisdiction of such courts. The failure of FPA to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by FPA in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

CONTACT US

If you have any questions regarding the website, please contact FPA by sending an email to feedback@fpamf.com.