Last Updated: April 3rd, 2019
You must be at least 18 years of age to use the Website. By using the Website and thereby agreeing to these terms of service you warrant and represent that you are at least 18 years of age.
License to use Website
Unless otherwise stated, we own the intellectual property rights in the Website and the material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view and download for caching purposes only from the Website subject to the restrictions set out below and elsewhere in these terms of service.
You must not:
- republish material from the Website (including republication on another Website);
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
- edit or otherwise modify any material on the Website; or
- redistribute material from the Website
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent.
You must not use the Website to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without our express written consent.
Access to certain areas of the Website is restricted. We reserve the right to restrict access to areas or the entirety of the Website at our discretion.
If you are provided with a user ID and password enabling you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights at its sole discretion and without notification or authorization from you, including without limitation your assignee, heir, agent, representative, or the like.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to the Website, or stored on our servers, or hosted or published upon the Website.
Notwithstanding our rights under these terms of service in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Website.
The Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to the Website or the information and materials provided on the Website.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
- the Website will be constantly available, or available at all; or
- the information on the Website is complete, true, accurate or non-misleading.
Nothing on the Website constitutes, or is meant to constitute, advice or consultancy of any kind.
Limitations of liability
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website:
- to the extent that the Website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of the potential loss.
Nothing in the Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Website disclaimer will exclude or limit our liability in respect of any:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation on the part of us; or
- matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability
By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you must not use the Website.
You accept that, as a limited liability entity, we have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us.
If any provision of the Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Website disclaimer.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of service, or arising out of any claim that you have breached any provision of these terms of service.
Breaches of these terms of service
Without prejudice to our other rights under these terms of service, if you breach these terms of service in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
We may revise these terms of service from time-to-time. Revised terms of service will apply to the use of the Website from the date of the publication of the revised terms of service on the Website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal within our rights and/or obligations under these terms of service without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal your rights and/or obligations under these terms of service.
If a provision of these terms of service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in full force and effect.
Law and jurisdiction
These terms of service will be governed by and construed in accordance with the laws of the State of California, and any disputes relating to these terms of service will be subject to the exclusive jurisdiction of the courts of Orange County, California.
Credit & Contact Information
If you have any questions about these terms of service, please contact us via email at firstname.lastname@example.org or in writing at:
501 N. El Camino Real
San Clemente, CA 92672