Grubb Properties  
   
Apartments
Condos
Office Space
Retail
Grubb Properties  
     

GRUBB PROPERTIES TERMS OF USE

Raleigh
2626 Glenwood Avenue
Suite 450
Raleigh, NC 27608
919-461-3950
919-461-3939 - fax

Lexington
15 East Center Street
Lexington, NC 27292
336-249-2194
336-248-6230 - fax

Charlotte
1530 Elizabeth Avenue
Suite 200
Charlotte, NC 28204
704-372-5616
704-372-9882 - fax

This Web site is offered to you, the "User," conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.

SECURITY POLICY

Grubb Properties uses extensive and sophisticated secure technology to protect your data and transmissions between you, Grubb Properties Property Managers participating in this Web site and real estate professionals participating in this web site. Here are the highlights:

  • Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later).
  • Transmissions between Grubb Properties and participating Property Managers are encrypted using public key cryptography algorithms with a minimum key size of 128 bits.
  • Our database is physically separated from our web server and is protected by a physical firewall.

Although Grubb Properties has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Grubb Properties cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

APPLICATION ORIGINATION SERVICES

All of the information you have provided in this qualification form or application is true and complete. You authorize Grubb Properties to check your credit history, and to provide your information, including your credit history. This Web site and the services provided by Grubb Properties are available only in connection with (a) made on real property owned or managed by Grubb Properties

Grubb Properties expressly reserves the right to discontinue, suspend or terminate any application for residence accepted this Web site. Grubb Properties does not guarantee acceptance into any particular residence or pre-lease agreement with any participating properties; application/pre-lease approval standards are established and maintained solely by Grubb Properties.

Your use of this Web site constitutes your agreement with this compensation arrangement.

By completing and submitting the pre-lease/application request form, you understand and agree that you are inquiring to be accepted to that particular residence.

By submitting the pre-lease/application request, you are extending an express invitation to each of these entities to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Web site are: Copyright ©

DISCLAIMERS AND LIMITATIONS

Grubb Properties intends that the information contained in this Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by Grubb Properties at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." GRUBB PROPERTIES AND/OR ITS SUPPLIERS, PARTICIPATING MANAGER, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE IS AT YOUR OWN RISK. GRUBB PROPERTIES AND/OR ITS SUPPLIERS, PARTICIPATING PROPERTY MANAGERS, OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GRUBB PROPERTIES AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

As a condition of use of this Web site, you agree to indemnify Grubb Properties and its suppliers, participating Property Managers, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

LINKS TO THIRD PARTIES

This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Grubb Properties does not operate or control in any respect any information, software, products or services available on such Web sites. Grubb Properties's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

ERRORS AND DELAYS

Grubb Properties is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Grubb Properties, or to any acts or omissions for which you may contend Grubb Properties is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration venued in Mecklenburg County, North Carolina.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Mecklenburg County, North Carolina. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND GRUBB PROPERTIES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS 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 enforceable as any court order and are subject to very limited review by a court. By using Grubb Properties’s goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Grubb Properties, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Mecklenburg County, North Carolina. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

OTHER TERMS

This Agreement constitutes the entire agreement between you and Grubb Properties and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Grubb Properties with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of North Carolina, excluding its conflict of laws principles. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.