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Terms of Use
This Web site
(“Site”) is offered to you, the user, conditioned on your
acceptance of the terms, conditions and notices contained or incorporated by
reference herein and such additional terms and conditions, agreements and
notices that may apply to any page or section of the Site.
Overview
Your use of this Site
constitutes your agreement to all such terms, conditions and notices. Please
read them carefully. By using this Site, you agree to these Terms of Use
(“Terms of Use”), as well as any other terms, guidelines or rules
that are applicable to any portion of this Site, without limitation or
qualification. If you do not agree to these Terms of Use, you must exit the
Site immediately and discontinue any use of information or products from this
Site.
Modification of The Site and
These Terms & Conditions
Siteowner reserves the right to
change, modify, alter, update or discontinue the terms, conditions and notices
under which this Site is offered and the services, features, links, content,
information and any other materials offered via this Site at any time and from
time to time without notice or further obligation to you except as may be
provided therein. By your continued use of the Site following such
modifications, alterations or updates, you agree to be bound by such
modifications, alterations, or updates.
Copyright
All content, text, images and
other materials on the Site are either owned or licensed by the Siteowner or by
a third party and are protected by U.S. copyright laws and therefore, may not
be used except with our express written consent. Unless otherwise agreed in
writing by us, you may not copy or display or post any content, text, images or
other materials offered via this Site on any network computer, website,
bulletin board or any other publicly accessible medium. You must keep intact,
and may not remove or alter, any copyright or other proprietary notices on any
content, text, images or other materials offered via this Site.
Trademark
All trademarks, service marks,
and trade names (collectively the “Marks”) that appear on this Site
are proprietary to Siteowner, or other respective owners. You may not display
or reproduce the Marks other than with the prior written consent of Siteowner,
and you may not remove or otherwise modify any trademark notices from any
content, text, images or other materials received through the Site.
Links to Third Party Sites
Siteowner may contain links to
web sites operated by third parties other than Siteowner. Such links are
provided for your reference only. Siteowner does not control such web sites,
and is not responsible for the contents of these web sites. Siteowner’s
inclusion of links to such web sites does not imply any endorsement of the
material on such web sites. If you decide to access any third party websites,
you do so entirely at your own risk, and you may be subject to the terms and
conditions and the privacy policies of such websites.
Privacy
Siteowner respects the privacy
of users of its Site. Please refer to Siteowner’s Privacy Policy for
information on users’ rights and responsibilities with respect to
information collected by Siteowner by clicking here.
Forms, Registration and Passwords
If any of the services,
information or materials provided via this Site require you to open an account,
register or provide certain information, you agree to complete the account
initiation, registration or other process by providing Siteowner with current,
complete and accurate information as requested by any forms. You acknowledge
and agree that any login, identifier or password issued in connection with this
Site (each, a “Password”) is confidential information. You must
maintain the confidentiality of any Password, and you may not disclose such
Password to any other person or entity or permit any other person or entity to
access this Site using such Password. You agree to notify Siteowner immediately
of any unauthorized use of any Password or any other breach of security of
which you are aware. You may not use any Password that is not issued directly
to you or approved by Siteowner. You acknowledge and agree that Siteowner, in
its sole discretion, may suspend or discontinue your, and refuse any and all
current and future, access to or use of any portion of this Site at any time
without notice to you.
Siteowner cannot be responsible,
and disclaims all liability in connection with, the use of any information that
you post or display on this Site. You should use caution when posting any
information, including proprietary information and personally identifiable
information, to this Site.
Monitoring
Siteowner has no obligation to
monitor this Site or any portion thereof. However, Siteowner reserves the right
to review any content, text, images, files, information or other materials
submitted to or posted on this Site, including, without limitation, on the
“Forums” portion of this Site, and remove, delete, redact or
otherwise modify such any content, text, images, files, information or other
materials submitted to or posted on this Site, in its sole discretion, at any
time and from time to time, without notice or further obligation to you.
Siteowner does not endorse, and you may not rely on, any content, text, images,
files, information or other materials submitted to or posted on this Site.
Siteowner has no obligation to
display or post any content, text, images, files, information or other
materials provided by you. Siteowner reserves the right to disclose, at any
time and from time to time, any information or any content, text, images,
files, information or other materials submitted to or posted on this Site or
identifying information of the submitter or poster that Siteowner deems
necessary or appropriate to satisfy any applicable law, regulation, contract
obligation, legal or dispute process or government request. Siteowner shall not
have any liability in connection with any content, text, images, files, information
or other materials submitted, transmitted via this Site, or displayed on this
Site, regardless of whether provided by Siteowner or any other party.
Dispute Resolution
If any controversy, dispute or
claim arising out of or related to your use of this Site arises, the dispute
will be resolved exclusively by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. However,
Siteowner will have the right to petition a court of competent jurisdiction for
the entry of injunctions and orders for specific performance relating to your
unauthorized use of Siteowner’s trademarks, service marks, copyrights,
patents, trade secrets or other intellectual property (collectively, the
“Intellectual Property”) or any act or omission by you that may
impair the goodwill associated with the Intellectual Property.
Indemnification
You agree to indemnify, defend
and hold harmless Siteowner, its officers, directors, employees, agents,
suppliers and third party partners from and against all losses, expenses,
damages and costs, including reasonable attorneys’ fees, resulting from:
(1) your use of the Site, including, without limitation any content, images,
information or other materials submitted or transmitted by you via the Site,
(2) any use of any Password chosen by or issued to you, or (3) any violation by
you of: (a) these Terms of Use, (b) any other terms, guidelines or rules
applicable to the Site, (c) any rights of any other person or entity, and (d)
and any applicable laws, rules or regulations.
Enforcement
You hereby agree that the
exclusive venue for all litigation, court proceedings, arbitration proceedings,
mediation proceedings, lawsuits, court hearings and other hearings initiated by
you will be Orange County, California, USA. These Terms of Use and the
relationship between you and Siteowner will be governed by the laws of the
State of California as if you signed these Terms of Use in California. The
provisions of these Terms of Use which conflict with or are inconsistent with
applicable governing law will be superseded and/or modified by such applicable
law only to the extent such provisions are inconsistent.
Limitation of Liability
Neither SITEOWNER nor its suppliers will be liable for any direct,
indirect, special, punitive, incidental, exemplary or consequential damages, or
any damages whatsoever, even if SITEOWNER or a supplier has been previously
advised of the possibility of such damages, whether in an action under
contract, negligence, or any other theory, arising out of or in connection with
the use of or inability to access or use the information, services, products,
and materials available from this Site, regardless of whether such information,
services, products, and materials are provided by SITEOWNER or any third party.
Furthermore, to the maximum
extent permitted by law, SITEOWNER and its suppliers disclaim all
representations and warranties, express or implied, with respect to such
information, services, products, and materials, whether provided or owned by it
or them or by any third party, including, but not limited to, warranties of
merchantability, fitness for a particular purpose, title, non-infringement,
freedom from computer virus, and implied warranties arising from course of
dealing or course of performance. In addition, SITEOWNER does not represent or
warrant that the information and materials accessible via this Site are
accurate, complete or current, and you may not rely on the information and
materials accessible via this Site. These
limitations will apply notwithstanding any failure of essential purpose of any
limited remedy.
Personal &
Non-Commercial Use Limitation
This Site is for your personal
and non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained from
this Site. The content available through this Site is the sole property of
Siteowner or its licensors and is protected by patent, copyright, trademark,
trade secret and other intellectual property laws. Except as otherwise
explicitly agreed in writing, Siteowner-owned content received through this
Site may be downloaded, displayed, and printed for your personal, non-commercial
use only. Content owned by Siteowner licensors may be subject to additional
restrictions. You agree not to reproduce, retransmit, distribute, disseminate,
sell, publish, broadcast or circulate the content received through this Site to
anyone, including but not limited to others in the same company or organization
without Siteowner’s express prior written consent.
Liability Disclaimer
ALL CONTENT PROVIDED ON THIS
SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR
EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT
EXPRESS OR IMPLIED BETWEEN SITEOWNER AND YOU, EXCEPT FOR THESE TERMS OF USE,
THE SITEOWNER PRIVACY POLICY AND THE SITEOWNER FORUM TERMS OF USE. WITHOUT
LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SITEOWNER AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY
TIME. SITEOWNER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, ACCURACY AND COMPLETENESS OF THE INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND. AS A CONDITION OF YOUR USE OF THIS SITE, YOU
WARRANT TO SITEOWNER THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS
UNLAWFUL OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES.
General
Use of this Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and Siteowner as a result of this agreement or use of this Site.
Siteowner’s performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of
Siteowner’s right to comply with law enforcement requests or requirements
relating to your use of this Site or information provided to or gathered by
Siteowner with respect to such use. 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 this agreement shall continue in
effect. This agreement constitutes the entire agreement between the user and
Siteowner with respect to this Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Siteowner with respect to this Site. 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.
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