Terms of Use

Welcome to www.MissionPropertyAdvisors.com.

Thank you for visiting the website for Mission Property Advisors, Inc. (“MPA”). This page outlines our Terms and Conditions for use of this website. Because this page contains legal obligations (including limitations on liability and arbitration provisions), please read them carefully.

By accessing, viewing or using any of our services, you agree to be bound by and subject to these Terms (and our Privacy Policy) unless separate terms are offered by you in writing and accepted in writing by MPA.

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this website and the revised Terms of Use will take effect thirty days after their publication on this site.

For Informational Purposes Only

The MPA website is designed to provide information about our services and the industries we serve. MPA provides this content for informational purposes only. While the information on this site is curated by MPA with the intent to provide valuable information to our users, we are not responsible if information made available on this site is not accurate, complete or current.

IN NO EVENT SHALL ANY CONTENT ON THIS WEBSITE BE CONSTRUED AS PROVIDING TAX, LEGAL OR FINANCIAL ADVICE. MPA does not provide such services and you should consult a professional before making any investment or other decision regarding real estate.

The information provided herein, including case studies, is designed to provide insight into MPA’s past work in the area of tax appeals, expert witness testimony and other past assignments only and is not a statement or warranty of results that may be obtained should MPA be retained. Any reliance on the material on this site is at your own risk.

MPA IP Rights

All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by MPA, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to MPA, is expressly prohibited. MPA, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion.

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of MPA, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. MPA reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software along with the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

DMCA Notice

Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor (17 U.S.C. § 512(c), if you believe that anything on this site or service offered therein infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent: Steven R. Fontes, 8570 Cory Court, Riverside, CA 92508 and/or Steven@MissionPropertyAdvisors.com. A copy of this legal notice may be sent to a third-party that may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to the Chilling Effects Clearinghouse https://www.chillingeffects.org/ for publication.

Notice

By registering with or sending email to MPA, you consent to receive all communications, including agreements, notices, legally required disclosures and other information relating to the website or MPA electronically from MPA. You may withdraw your consent to receive notices electronically by email to Steven@MissionPropertyAdvisors.com or, where applicable, by following opt-out instructions on any email from us.

Foreign Users

MPA makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with MPA, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall MPA be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

Residents of Quebec/ Les Habitants de Québec

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

Lesparties déclarent qu'ellesont exigé quecesConditions d'utilisationettous les documentsliésau présent, présents oufuturs, être rédigées dansla langue anglaiseseulement.

Links

This site may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. MPA has not necessarily reviewed all the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. MPA is not responsible for any losses, damages or any other liabilities incurred as a result of your use of any linked sites.

Disclaimers

THIS SITE IS PROVIDED BY MPA ON AN "AS IS" AND "AS AVAILABLE" BASIS. MPA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MPA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MPA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MPA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL MPA OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR

(i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE AND/OR GOODS AND SERVICES OFFERED THEREBY,

(ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO MPA (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF MPA), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF MPA.

(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;

(iv) THE OCCURRENCE OF A FORCE MAJEURE EVENT INCLUDING, ACTS OF GOD, ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS,ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; RIOTS, ACTS OF WAR, TERRORISM, INSURRECTION, REBELLION OR EMBARGO; or CREDIBLE THREATS OF ANY OF THE ABOVE; and/or

(v) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).

IN NO EVENT SHALL MPA’S TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE LESSER OF THE AMOUNT PAID FOR ANY SERVICE IN QUESTION OR FIFTY U.S. DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless MPA and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use and/or Privacy Policy. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. MPA reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with MPA in the defense of such matter.

Choice of Law/Arbitration

This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles and shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of each is hereby excluded. Any dispute, controversy or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and you hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving Riverside County, California.

Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within forty-five (45) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction.

The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. For purposes hereof, prevailing party is defined as the party whose last settlement proposal prior to hearing in this matter is closest to the final decision. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award.

Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) to pursue claims within the jurisdictional limit of Riverside County Small Claims court; or (v) to enforce any decision of the arbitrator, including the final award.

Binding Agreement

This Agreement constitutes the entire agreement between MPA and you concerning your use of the website and supersedes all prior agreements, if any. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement. In such an event, this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

NOTICE OF ARBITRATION AGREEMENT

This agreement provides that all disputes between you and MPA will be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.

Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

FOR MORE DETAILS

Review Choice of Law Section above, or visit http://www.adr.org/consumer_arbitration.

Contact Mission Property Advisors, Inc. Today!