Terms of Use

Last Updated: July 22, 2026

Before using this site, please carefully review our Terms of Use set forth below:

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Gleiberman Properties, Inc. ("Company," "we," "us," or “our”). The following terms and conditions ("Terms of Use") govern your access to and use of www.mgproperties.com (the "Website"), including any content, functionality, and services offered on or through the Website.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, as well as our Privacy Policy, found at https://mgproperties.com/privacy-policy/, just as if you have signed these documents. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Agreement to Arbitrate Disputes (Waiver of Court/Jury Trial)

These Terms of Use include a Dispute Resolution and Arbitration Agreement, which waives your right to file claims in public court or to request a jury trial, and waives your right to file or participate in class action lawsuits against the Company. The full text of the Dispute Resolution and Arbitration Agreement, along with instructions on how to opt-out, is found at the end of these Terms of Use (below).

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page from time to time, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (https://mgproperties.com/privacy-policy/), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You likewise consent to receiving electronic notices from us.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Disclaimer of Real Estate Information

Information on availability, pricing, floor plans, amenities, and features is subject to change without notice. Nothing on this Website constitutes a guarantee or an offer to rent or lease.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print (or download) one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from this site.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term “MG Properties”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Intellectual Property Infringement

If you believe that any content on the Website infringes on any copyright or intellectual property rights, please provide a written notice to us containing: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This notice should be sent to our Agent for Notice of claims of copyright or other intellectual property infringement: marketing@mgproperties.com

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitations.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, except that this restriction shall not apply to search engine or internet indexing crawlers (such as Googlebot or Bing, for illustration) that access the Website specifically in accordance with the Company's robots.txt file for the purpose of indexing the Website's publicly available content.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We are not responsible for third party service failures, data practices, or outages.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy (https://mgproperties.com/privacy-policy/). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Accessibility

Given the importance of the internet, accessibility to the web is of critical importance to people with disabilities, including people with auditory, cognitive, physical, neurological, and visual disabilities. It is likewise important to those with accessibility needs due to aging.

Providing accessible web content can also benefit people who do not have disabilities but who are experiencing situational barriers. For example, when accessing the internet from devices with small screens or in low bandwidth situations, or when experiencing barriers due to language or literacy levels, accessibility solutions can also support improved access.

We are committed to ensuring equal digital access for people with disabilities. As potential customers and employees of Gleiberman Properties, Inc. or its affiliates, they are important contributors to our business success and should not be excluded. We are committed to maximizing the access of people with disabilities to this Website, and applying the relevant accessibility standards, including Web Content Accessibility Guidelines 2.1, Level AA.

If you have any questions or concerns regarding accessibility on this Website, please contact marketing@mgproperties.com.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.

  • Send emails or other communications with certain content, or links to certain content, on this Website.

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that information or files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, insurers, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any information you provide via the Website, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Notice Required in California

Under California Civil Code Section 1789.3, users are entitled to the following consumer rights notice: The name, address and telephone number of the provider of this Website is Gleiberman Properties, Inc., 10505 Sorrento Valley Road, Suite 300, San Diego, CA 92121, 858-366-6500. Complaints regarding the Website or its content or requests to receive additional information regarding use of the Website should be sent to the address above or: marketing@mgproperties.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834 or by telephone at 800-952-5210.

Regulatory Disclosures

This Website is for informational and discussion purposes only and is not, and may not be relied on in any manner as, legal, business, financial, tax, or investment advice, or as an offer to sell or a solicitation of an offer to buy any interest in any fund, partnership, security, or other opportunity sponsored by Company, or its affiliates (each, an “Opportunity”), or to participate in any investment strategy.  

No securities are offered through this Website, and this Website may not be used or relied upon in connection with any offer or sale of securities. Any securities offerings by the Company are made exclusively through confidential offering documents, and only to qualified prospective investors with whom the Company has a pre-existing, substantive relationship. This Website does not constitute general solicitation or advertising. 

Investing in real estate involves significant risk, including the potential loss of principal. Past performance is not indicative of future results. Any projections or forward-looking statements on this Website are for illustrative purposes only and are not guarantees. No assurance can be given that any Opportunity’s investment objectives will be achieved. This Website does not contain all of the information or risk factors that would be material to an investment decision. A discussion of material risks involved in an investment in an Opportunity is included in the applicable offering documents. 

Dispute Resolution and Arbitration Agreement

Please carefully review the following terms confirming your agreement to arbitrate any disputes that arise between you and the Company. These terms require that most disputes be resolved in arbitration and not in court.

Binding Arbitration: To the fullest extent permitted by law, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Website, our Privacy Policy or matters related to privacy, data breaches, collection, use or sharing of personal information, or any content, features, services, functionality, or communications provided through the Website (whether based on tort, contract, statute or equity) (“Disputes”) shall be resolved exclusively through binding arbitration, rather than in a public court, except as expressly provided in the section titled “Public Injunctive Relief” below. This includes any Disputes that may have arisen before the effective date of these Terms of Use. You may still assert claims in small claims court (on an individual basis only) if such claims are within the jurisdiction of the small claims court in which you file. You or the Company may file for equitable relief in a public court for alleged infringement or misuse of intellectual property rights. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16.

Informal Dispute Resolution (Mandatory Pre‑Arbitration Procedure): The Company is committed to resolving disputes in good faith wherever possible without the time and expense of arbitration or litigation. Before initiating arbitration, you must first provide the Company with a written notice of the Dispute, and engage in a 45‑day Dispute Resolution Process (“Dispute Resolution Process”). Your notice must include your (1) name; (2) telephone number; (3) mailing address; (4) your e-mail address; (5) the name, mailing address, telephone number, and e-mail address for your attorney if you have one; (6) a description of the Dispute or claim you are submitting to the Company.

This written notice shall be sent to the e-mail address: legal@mgproperties.com, or via regular U.S. Mail to Gleiberman Properties, Inc., ATTN: Legal 10505 Sorrento Valley Road, Suite 300, San Diego, CA 92121.

The Company will respond to you in writing within 15 days after receipt of your written notice. The Dispute Resolution Process shall last for 45 calendar days, commencing on the date that your Notice was received by the Company, inclusive of the day of receipt. All statutes of limitations and filing/fee deadlines shall be tolled from the first until the last day of the Dispute Resolution Process.

During the Dispute Resolution Process, the parties agree to meet and confer in writing and to exchange information and negotiate a potential resolution in good faith. All negotiations or settlement discussions shall be protected by mediation privilege. The parties may conduct a telephonic meet and confer discussion if all parties agree to meet and confer via telephone. If the Dispute is not resolved within 45-day Dispute Resolution Process, either party may commence arbitration. Compliance with the Dispute Resolution Process is a mandatory condition precedent to the filing of any demand for arbitration.

Arbitration Procedures: Arbitration will be administered by National Arbitration & Mediation (“NAM”) under the NAM Comprehensive Dispute Resolution Rules (“NAM Rules”), except as modified by this Agreement. Unless the parties agree otherwise, arbitration will be conducted in the county where you reside. The arbitrator may award any relief available in court (subject to the Public Injunctive Relief section below). The NAM Rules can be found at www.namadr.com.

A party seeking to initiate arbitration must send the other party a written Demand for Arbitration (“Demand for Arbitration”). The Demand for Arbitration shall be sent via mail to our registered agent: CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Drive Ste 150N, Sacramento, CA 95833. The Demand for Arbitration shall include: (1) the name, telephone number, mailing address, and e-mail address of the person seeking arbitration (or the same information for the person’s attorney if they are represented by an attorney; (2) the legal claim being asserted and any facts or evidence supporting that claim; (3) a description of any demands or remedies sought, including any monetary demand or amount in controversy, stated in U.S. Dollars; and (4) a statement confirming completion of the Dispute Resolution Process described above. Any Demand for Arbitration from the Company to you shall be sent to your physical address if we have it on file, or to your e-mail address if we have it on file (or to your attorney or authorized agent if you communicate to the Company that you are represented).

The arbitrator shall be mutually selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties cannot agree upon an arbitrator within 35 days of receipt of the Demand for Arbitration by the responding party, NAM will appoint the arbitrator in accordance with NAM Rules.

The arbitrator shall have the exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the application, enforceability, validity, or scope of this Arbitration Agreement. The arbitrator shall provide a written statement of decision, discussing all factual findings and conclusions, including a detailed calculation of any damages awarded. The arbitrator’s award shall be final and binding upon all parties. Judgment on any arbitration award may be entered in any court having jurisdiction.

Fees and Costs: The Company will pay all NAM arbitration, administration, and arbitrator fees, except if the arbitrator determines your claim was frivolous under the applicable arbitration rules, in which case you may be required to reimburse fees as permitted by law or the applicable arbitration rules. Each party shall bear its own attorneys’ fees and shall have no right to recover prevailing party attorneys’ fees, unless an applicable statute provides otherwise.

Class Action Waiver/Individual Relief Only: To the fullest extent permitted by law, you and the Company agree that Disputes will be resolved only on an individual basis. No class, collective, consolidated, private attorney general, or representative actions shall be filed between the parties. The arbitrator may award relief only to an individual party. If this Class Action Waiver is found unenforceable as to a particular claim, that claim must be severed and litigated in court, and the remaining claims must proceed in arbitration pursuant to this Arbitration Agreement.

Waiver of Your Right to a Jury Trial: THE PARTIES ACKNOWLEDGE THAT ABSENT THIS ARBITRATION AGREEMENT, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. NOTWITHSTANDING THESE CONSIDERATIONS, YOU AND THE COMPANY WAIVE ANY STATUTORY OR CONSTITUTIONAL RIGHTS TO SUE IN COURT AND HAVE A JURY TRIAL.

Public Injunctive Relief: Notwithstanding the other terms of this Arbitration Agreement, claims seeking public injunctive relief under California law may be brought in court. Such claims shall be stayed pending completion of arbitration of all arbitrable issues.

Mass Arbitration / Batching Procedure: If 25 or more substantially similar Demands for Arbitration are filed by or with the assistance of the same attorney, law firm or coordinated group, within a 120-day period, NAM shall batch the claims into groups of up to 100 demands per batch. The Parties agree that Demands for Arbitration are “substantially similar” if they arise out of or relate to fact pattern or scenario, raise the same legal issues, or seek the same or similar legal relief. Each batch will be arbitrated in a single proceeding, and the outcome of each batch will be binding upon all of the individual claims within that batch collectively. The single proceeding shall be a consolidated arbitration with one arbitrator, one procedural calendar, one set of filing and administrative fees, one hearing in a location determined by the arbitrator, and one final award which includes any award to which each individual party is entitled.

Right to Opt‑Out: You may opt out of this Arbitration Agreement by sending written notice within 30 days of your first use of the Website or your agreement to these Terms of Use. Your opt‑out notice must include your name, address, e-mail address, as well as a clear statement that you wish to opt-out of mandatory arbitration. Your decision to opt-out of this Arbitration Agreement does not affect the applicability of all other Terms of Use or applicability of our Privacy Policy.

Your opt-out notice may be e-mailed to: legal@mgproperties.com. Your opt-out notice may also be sent via U.S. Mail to: Gleiberman Properties, Inc., ATTN: Legal, 10505 Sorrento Valley Road, Suite 300 San Diego, CA 92121. Opting out does not affect your other obligations under these Terms of Use.

Survival and Severability This Arbitration Agreement survives termination of your account or residency, termination or modification of these Terms of Use, and your use of the Website. Except as otherwise provided in the class action waiver above, if any part of this Arbitration Agreement is found unenforceable or invalid, such specific provisions shall be severed, and all remaining terms of this Arbitration Agreement shall remain in full effect.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website 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 City of San Diego and County of San Diego (although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your county of residence). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.

Modification, Suspension and Termination

We reserve the right from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. This includes, without limitation, feature changes, service discontinuation, content removal, or updates to functionality. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Website.

We reserve the right, in our sole discretion, immediately and without notice, to suspend or terminate your access to the Website, or any part thereof for any reason, including without limitation any breach by you of these Terms of Use. You agree that we shall not be liable to you or any third party for any such suspension or termination.

Miscellaneous

These Terms of Use and our Privacy Policy set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms of Use or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use or the Privacy Policy shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms of Use or the Privacy Policy does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms of Use or the Privacy Policy or your rights or obligations under these Terms of Use or the Privacy Policy without our, and any assignment or transfer in violation of this provision shall be null and void. We may assign these Terms of Use at any time in our discretion, with or without notice to you. There are no third party beneficiaries to these Terms of Use or the Privacy Policy.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Questions and Inquiries

Please direct any questions regarding these Terms of Use or the Website to: marketing@mgproperties.com or call 858-366-6500.