Privacy Policy

Thank you for visiting our Site (the “Site”). Please take the time to read the following terms and conditions carefully so that you may fully understand them. Additionally, note that this Site does not constitute an offer or solicitation to sell securities.

For a copy of our Privacy Policy, which describes our privacy practices, including how we collect, use, and disclose your personally identifiable information (“Personal Information”) please review the document here.

Restrictions

By accessing and using the site you agree to not post, publish, reproduce, transmit, distribute, or otherwise view, use, or exploit the Site in any way that:

is inconsistent with these terms and conditions;
violates any federal, state, or local law, rule, regulation, or order, or
could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

You further agree to make no attempt to interrupt the Site’s operation in any way, to impersonate any person or entity, to misrepresent your affiliation with a person or entity, or to misrepresent the origin of any information that you provide to us.

You agree your use of the Site shall at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Site. Any evidence of your use of the Site for illegal purposes may and shall be provided to applicable law enforcement agencies.

You also agree you will not:

Use any robot, spider, scraper, or other automated data extraction tool or program to access, acquire, copy, or monitor the Site;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Site, other than the search engines generally available (such as Google);
Upload or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
Attempt to intercept the personal information provided on the site
Attempt to gain unauthorized access to any part of the Site
Use the Site for any unlawful purpose, or otherwise interfere or disrupt the Site;
Use the Site for any commercial purpose; or
Remove or obscure any proprietary information on the Site.

Global Dealing Restrictions

Unless otherwise specified, all materials made accessible on the Site are intended for residents of the United States of America and/or its lawful territories. The Site is owned and operated by Cobalt with offices in the State of California, United States of America.

Neither Cobalt nor any of its affiliates represent that any Content on the site is suitable for residents or individuals outside of those territories. Those who choose to access the Site from other locations do so at their own risk and are subsequently liable for taking the initiative to determine the legality, usability, and correctness of any and all information presented as applicable under their own jurisdictions.

Individuals outside of the United States further agree to not use, manipulate or export any Content, information, or materials on the Site in any way that violates federal laws and regulations.

The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Cobalt and/or its affiliates to any registration or other requirement within such jurisdiction or country.

No Offer of Securities

Nothing contained within the Site should be construed as legal, tax, financial, accounting, or investment advice. Any content, opinions, and other information shall not be construed as a solicitation or offer by Cobalt, its affiliates, or any fund or other entity managed directly or indirectly by Cobalt to buy or sell any securities, futures, options, or other financial instruments.

All Content is provided for informational purposes only and should be independently verified by you in conjunction with your own financial and legal advisors. The posting of any offering memorandum or investment prospectus, if any, on the Site is not to be construed as a recommendation or opinion for you to buy or sell any product or service, or to explicitly participate in any transaction.

When acting on the information provided on the Site, you agree to defend, indemnify and hold Cobalt and its affiliates harmless from and against any claims whatsoever and of any nature for damages and/or expenses (including without limitation attorneys’ fees) arising from any decisions that you make based on such information.

No Warranties or Guarantees

THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS”, “WHERE IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

COBALT DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, LINKS, OR OTHER CONTENT ON THE SITE.

COBALT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTIES THAT FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COBALT SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS, OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY FOLLOWING USE OR ACCESS OF THE SITE.

Limitation of Liability

To the fullest extent permitted by applicable law, Cobalt and its affiliates expressly disclaim any and all liability whatsoever for errors and omission in any information or materials, and for any use or interpretation by others of any information or materials, contained in or accessible through the Site.

TO THE FULLEST EXTENT PERMITTED BY LAW SHALL COBALT IN ANY WAY BE HELD LIABLE, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, NOR ITS AFFILIATES, FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS Site OR THE MATERIAL CONTAINED IN, OR ACCESSED OR LINKED TO THROUGH, THIS Site, OR A TRANSMISSION TO OR FROM THIS Site, EVEN IF COBALT, ITS AFFILIATE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COBALT’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS Site. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

NOTE: Certain laws do not allow limitations of implied warranties, or the exclusion or limitation of certain damages, in which event some or all of the above disclaimers, exclusions, or limitations may not be applicable. You retain sole responsibility to investigate these.

Forward-Looking Statements

Certain information on the Site may contain forward-looking statements. Forward-looking statements may contain statements and words including but not limited to: likely, believe, expect, anticipate, intend, estimate, position, and other variations of such words and similar expressions that imply future or conditional verbs such as will, would, should, could, or may.

Any applicable forward-looking statements are subject to numerous assumptions, risks, and uncertainties, all of which may change over time or may be incorrect. As such Cobalt nor any of its affiliates assume any duty to update or correct any forward-looking statements contained in or accessible through the Site. Actual results could differ materially from those anticipated in these forward-looking statements, and future results could differ materially from historic performance, including but not limited to: fluctuations in U.S. and non-U.S. real estate markets; increased competition; decreased inventory; Cobalt’s ability to attract and retain key property management personnel; the performance of the properties Cobalt and/or its affiliates manage; the impact of legal or regulatory proceedings as well as Cobalt’s ability to manage conflicts of interest; fluctuations in our revenue and profitability; economic conditions; changes in interest rates and financial and capital markets; non-U.S. exchange, political, social and economic uncertainties, and risks; terrorist activities and international hostilities; adverse tax treatment; and the impact, extent, and timing of technological changes and legislative and regulatory actions and reforms.

Links to and from Other Sites and Services

Cobalt and its affiliates do not review or monitor any Sites linked to or from the Site and none of them is or will be responsible for the content of any such linked Sites. You are herein advised to follow links to outside Sites at your own risk.

Cobalt and its affiliates shall not be held responsible for the information, materials, products, or services obtained on or from such other Sites, nor shall Cobalt and its affiliates be held liable in any respect whatsoever for any damages arising from your access to those Sites.

All links to or from other Sites are provided merely for informational purposes only and shall not be construed as an explicit or implicit endorsement, representation, or warranty by Cobalt with respect to their content, products, or services contained or accessible through, or the operators of, such Sites.

In addition, you agree not to link any of your Sites or any third-party Site to the Site without the express prior written consent of Cobalt. Cobalt reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a Site to or from the Site.

Transmissions to and from the Site

On the Site, you have the option to communicate with Cobalt by clicking on the “Contact Us” link or by providing your information for additional details regarding any of our properties. Through the terms herein you agree that by entering your personal information, including but not limited to your name, email address, and personal message on our form, and any other information requested, we may contact you electronically or in any other manner about updates, promotions, events, and other marketing information in relation to Cobalt and/or its affiliate companies.

You agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing. Your name and email address, along with other elements that can be used to identify you, constitute your Personal Information.

Submissions

Cobalt and its affiliates will be free to use, for any purpose, without any compensation due or payable to you or obligation of confidentiality to you, any ideas, concepts, know-how, or techniques provided to Cobalt through the Site (“Submissions”).

You represent and warrant that you own the Submissions and you agree to defend, indemnify and hold Cobalt and its affiliates harmless from and against any claims whatsoever and of any nature for damages and/or expenses (including without limitation attorneys’ fees) arising from Cobalt’ or its affiliates’ use of the Submission. You further acknowledge that in providing a Submission to Cobalt you are granting Cobalt and its affiliates a full license to the materials.

Login Credentials and Security

Certain parts of the Site may be designated for authorized users only and require a password or specific login credentials for access. In the event of such, you are solely responsible for the security of that information and shall take all steps necessary to prevent its loss, theft, or unauthorized use without your permission. Cobalt further assumes no liability in the event that you share your login credentials with an unauthorized third party.

Waiver

Any waiver by Cobalt and/or its affiliates of any right stated within these terms and conditions shall not be construed as the waiver of any other right within these terms and conditions, nor the waiver of these conditions in their entirety. Furthermore, the failure of Cobalt to exercise a right or remedy within these terms and conditions shall not constitute a waiver of such right or remedy. Only waivers made in writing by authorized representatives of Cobalt shall be deemed a waiver as allowed by applicable law.

Jurisdiction

THESE TERMS AND CONDITIONS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.

BY USING THE SITE AND INTERACTING WITH COBALT IN ANY WAY, UNLESS OTHERWISE STATED, YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN CONTRA COSTA COUNTY, CALIFORNIA.

YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION, AND IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO SERVE AS A REPRESENTATIVE OR AS A PRIVATE ATTORNEY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR OTHER PROCEEDING FILED AGAINST US.

You agree that your breach of these terms and conditions may result in irreparable harm to Cobalt which cannot be compensated by monetary damages and that Cobalt shall be entitled to obtain injunctive relief for any such breach without the need to prove actual damages or provide a bond or similar security.

Disputes

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF OUR WEBSITE, OR TO INFORMATION OR SERVICES PROVIDED BY COBALT ON THE SITE SHALL BE RESOLVED BY BINDING ARBITRATION IN CONTRA COSTA COUNTY, CALIFORNIA, AND NOT IN A COURT OF LAW. AS THE SOLE EXCEPTION, YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.

AS TO THE ARBITRATION, THE U.S. FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW SHALL APPLY TO THESE TERMS AND CONDITIONS. Note there is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these terms and conditions as any court would.

To begin an arbitration proceeding, submit an arbitration request, including a description of your claim, to info@cobaltinvestments.net. If Cobalt is unable to first settle the claim with you, you agree that any arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.

The rules for AAA can be accessed on their website at www.adr.org or by calling 1-800-778-7879.

YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND COBALT EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Termination

Cobalt reserves the right to terminate your access to the Site for any reason and without prior notice. These terms and conditions are effective until terminated by Cobalt. Upon termination, you agree to destroy all information and materials provided to you by Cobalt or by the Site.

Severability

Any terms or conditions deemed to be held to be unlawful, void, or unenforceable for any reason, shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Changes

Cobalts reserves the right to change these terms and conditions from time to time without providing prior notice. The changes shall supersede any previous terms and conditions or specific notices, and shall do so retroactively. You are therefore herein advised to review these terms and conditions from time to time to be aware of any changes that are made. Continued use of the Site constitutes acceptance of any and all changes, which become controlling when posted.

Entire Agreement

These terms and conditions represent the entire agreement between you and Cobalt and its affiliates and shall supersede any and all previous agreements regarding such subject matter. No oral promises, representations, or warranties by a representative of Cobalt or its affiliate that modifies or supplements these terms and conditions will bind Cobalt or its affiliate.

Contact

Any questions in regards to these terms and conditions or other notices should be sent to: info@cobaltinvestments.net or to the following mailing address:

321 Hartz Ave. Suite 200
Danville, CA 94526

Last updated: February 13, 2023.