PLEASE NOTE THAT THESE TERMS DO NOT AMEND, MODIFY OR SUPPLEMENT ANY RENTAL OR LEASE AGREEMENT BETWEEN A RESIDENT AND PACIFIC LIVING PROPERTIES, INC (PLP, INC.) IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND A RESIDENT’S LEASE OR RENTAL AGREEMENT CONCERNING THE USE OF THE SERVICE, THE TERMS AND CONDITIONS OF SUCH RENTAL OR LEASE AGREEMENT SHALL CONTROL.
I. Using the Service.
II. Feedback you Provide. We value hearing from our users, and are always interested in learning about ways we can make our Service better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
III. Copyright Policy. PLP, Inc complies with the Digital Millennium Copyright Act. In the event that you feel a work of yours has been reposted or reused in violation of copyright law, please contact us.
IV. Security. We care about the security of our users and ask that you keep your information in a safe place. While we work to protect the security of your contact form submissions, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures.
VI. Contests, Sweepstakes, and Other Activities. From time to time, PLP, Inc or its suppliers, advertisers, customers or partners may conduct promotions on or through the Service, including without limitation auctions, contests, sweepstakes and electronic postcards (“Promotions”). Each such Promotion may have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms (the “Rules”). If any conflict arises between these Terms and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
VII. Termination. We may terminate or suspend this license and your access at any time, with or without cause or notice to you. Upon termination, you continue to be bound by these Terms.
VIII. Indemnity. If you use our Service for commercial purposes in violation of these Terms, as determined in our sole subjective discretion, you agree to indemnify and hold harmless PLP, Inc and its officers, directors, employees, affiliates and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Service or (b) your breach of any of these Terms.
IX. Disclaimers. The simple fact is that while we do our best to provide a useful product, we cannot guarantee that there will not be errors, that the Site will not be down for maintenance or that the Service will provide completely accurate data. For this reason, the Service and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. PLP, INC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
X. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLP, INC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PLP, INC’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
XI. Arbitration. For any dispute you have with PLP, Inc, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION ABOVE, YOU AGREE THAT DISPUTES BETWEEN YOU AND PLP, INC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL SUCH ARBITRATION PROCEEDINGS SHALL OCCUR EXCLUSIVELY IN SAN DIEGO, CALIFORNIA.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with PLP, Inc.
XII. DMCA Terms. In accordance with the Digital Millennium Copyright Act (“DMCA”), PLP, Inc will respond expeditiously to claims of copyright infringement committed using the Service that are reported to our Designated Copyright Agent or DMCA Administrator linked to above.
XIII. General Terms
A. Notification Procedures and changes to these Terms. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. Please review the Terms periodically. If a revision, in our sole discretion, is material, we will notify you by sending a notice to the email that you used when registering your account or through a notification in the Service. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
B. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PLP, Inc without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
D. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
E. Questions or Concerns? Please contact us and we will endeavor to respond to any questions or concerns promptly.
This Terms and Conditions of Service was last updated on July 10, 2018.