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Terms of Use
Last Updated: October 18, 2024

This website at www.The1860.LA (the “Website”) is made available to you by The 1860 (“The 1860,” “we,” “our,” 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. The 1860 may modify the Terms of Use from time to time at its sole discretion. 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 The 1860 or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and The 1860, the Terms of Use are the entire agreement between you and The 1860 and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and The 1860 about this Website.

USE OF COPYRIGHTED MATERIALS/TRADEMARKS

Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video, audio clips, interfaces, or other materials and works of authorship, are copyrighted materials (i) owned by The 1860 (collectively, the “Materials”) or (ii) provided by third-party licensors and suppliers to The 1860 (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, 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 owned by The 1860 and its affiliates. Except as otherwise noted on the Website, you are authorized to view, download, cache, copy, and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, subject to the following conditions: any copy of the Materials or portion thereof must include all copyright notices appearing on the original, The 1860 reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from The 1860.

Third-Party Content may also contain brand and product names that 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 for your personal or internal business use. You acknowledge that you have no right to download, reproduce, modify, distribute, display, or otherwise exploit any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content.

Nothing contained in the Website shall be construed as conferring any license or right under any intellectual property rights of The 1860, its affiliates, or any third party, except as expressly provided herein. Without the express prior written consent of The 1860 or permission from third parties, you may not (i) distribute the Website or any portion thereof, (ii) modify the Website, (iii) access the Materials or Third-Party Content through means other than those provided by the Website, (iv) use the Website for commercial purposes, or (v) transmit, broadcast, or otherwise exploit the Website or its contents for any purpose.

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 The 1860 or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by The 1860 at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any of The 1860’s trademarks, logos, or proprietary information without express prior written consent in each instance.

LINKS TO THIRD-PARTY WEBSITES

The Website may be linked to other websites that are not affiliated with, under the control of, or otherwise maintained by The 1860. The 1860 has not reviewed these third-party sites and is not responsible for any of their content. If you choose to access third-party websites linked to the Website, you do so at your own risk.

NONINTERFERENCE

You shall not circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict the use of any Materials or Third Party Content or enforce limitations on the Website’s use.

DISCLAIMER OF WARRANTIES

ALL USE OF THE WEBSITE, INCLUDING MATERIALS AND THIRD-PARTY CONTENT, SHALL BE AT YOUR OWN RISK AND PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE 1860 ASSUMES NO LIABILITY FOR ANY ERRORS, PERSONAL INJURY, UNAUTHORIZED ACCESS, INTERRUPTIONS, VIRUSES, OR DAMAGE RELATED TO USE OF THE WEBSITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE 1860 BE LIABLE FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES ARISING FROM USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFITS. THE TOTAL CUMULATIVE LIABILITY OF THE 1860 SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

COPYRIGHT INFRINGEMENT POLICY

If you believe content on this Website infringes upon another’s copyrights, you may submit a notification under the Digital Millennium Copyright Act (DMCA). Please consult legal counsel before submitting notices under the DMCA.

INDEMNITY

You agree to defend, indemnify, and hold harmless The 1860 and its affiliates from any claims, liabilities, or expenses arising from your use of the Website.

GENERAL PROVISIONS

The Terms of Use will be governed by California law. The exclusive jurisdiction for any claims will lie in state or federal courts located in California. If any provision of these Terms of Use is found to be illegal or unenforceable, the remaining provisions will remain in full force.

CONTACT US

If you have any questions regarding the Website, please contact The 1860 by sending an email to Leasing@The1860.com.