SITE USERS AGREE TO THESE TERMS
TERMS OF USE & PRIVACY POLICY
PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE
Last Updated: November 15, 2015
These Terms of Use, along with all other agreements, disclaimers, and disclosures displayed on the Solamar Realty, Landlord prep, and other Cabri Media websites (the “Terms“) state the terms and conditions under which you may use the websites located at SolamarRealty.com, LandlordPrep.com and/or operated by Cabri Media (collectively, the “Site“).
By accessing or using the Site in any way, including using the data, text, reports, images, templates, agreements, videos, downloads, code, sound files, documents, forms, and other materials and information made available or enabled via the Site (the “Materials“), clicking on any buttons or links on the Site, and/or browsing the Site, you agree to follow and be bound by these Terms.
These Terms govern (1) the Materials made available or enabled via the Site; (2) the nature of the relationship between you and Solamar Realty, Landlord Prep, Cabri Media, and all other persons or entities under common ownership or having an affiliate relationship therewith (collectively, “Website Operator“); (3) certain other matters of professional responsibility; and (4) your use of this Site, the Materials, and related systems. If you do not agree to these Terms, you may not access or use the Site.
The Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
PLEASE NOTE THAT THE TERMS OF USE ARE SUBJECT TO CHANGE BY WEBSITE OPERATOR IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Website Operator will make a new copy of the Terms available on the Site. We will also update the “Last Updated” date at the top of the Terms. You should check these Terms, available through a link on pages of the Site, each time you use the Site to determine if any changes have been made. If you use the Site after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms.
3.1 No Advertising or Solicitation. The Site is not intended to be an advertisement or solicitation for legal or financial services, but may be deemed an ADVERTISEMENT in certain jurisdictions. Under some state ethics and professional responsibility rules and laws, the content of the Site might contain advertising. Prior results do not guarantee a similar outcome. Each representation has unique facts and circumstances that may impact results.
3.2 Sensitive Communications. You agree that e-mail sent by you to the Site or Website Operator will not treated as confidential or invoke an attorney-client or other privilege. You acknowledge that e-mail and the Internet are generally insecure media of communication, and Website Operator cannot guarantee the confidentiality of any e-mail sent to or received by it or any information submitted by you to Website Operator through the Site.
3.3 Principal Office. Website Operator has headquarters in Los Angeles County, California.
4.1 Use of Legal Forms. You understand that download and/or use of Forms is neither legal advice nor the practice of law, and that each Form and any applicable instruction or guidance is not customized to your particular needs.
4.2 License to Use. Website Operator grants you a limited, personal, non-exclusive, non-transferable license to use our Forms for your own personal internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Materials or Forms.
4.3 Resale of Forms Prohibited. By downloading Forms, you agree that the Forms you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Website Operator.
4.4 Linking and Framing. We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other website without our prior written permission.
9.1 Types of Content. You acknowledge that you, and not Website Operator, are entirely responsible for all information, data text, messages and/or other materials (“Content“) that you upload, post, e-mail, transmit or otherwise make available (“Make Available“) through the Site (“Your Content“), and other users of the Site, and not Website Operator, are similarly responsible for all Content they Make Available through the Site.
9.2 No Obligation to Pre-Screen Content. You acknowledge that Website Operator has no obligation to pre-screen Content (including but not limited to Your Content and User Content), although Website Operator reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text or voice communications. In the event that Website Operator pre-screens, refuses or removes any Content, you acknowledge that Website Operator will do so for Website Operator’s benefit, not yours. Without limiting the foregoing, Website Operator shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
9.3 Storage. Website Operator has no obligation to store any of Your Content that you Make Available on the Site. Website Operator has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage or transmission of other communications originating with or involving use of the Site.
11.1 Arbitration. Any claim or dispute (including whether the claims asserted are arbitrable but excluding claims for injunctive or other equitable relief as set forth below) arising out of or related to this Agreement or your use of the Materials shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA“). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules. Notwithstanding the foregoing, Website Operator may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
11.2 Rules. You and Website Operator must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR WEBSITE OPERATOR MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Website Operator will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Website Operator also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
11.3 Proceedings and Award. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 7 of the Terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.
Notwithstanding the foregoing, either you or Website Operator may bring an individual action in small claims court. Such claims shall be exclusively brought in the state or federal courts located in San Diego County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Diego County, California, in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within San Diego County, California, for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
11.4 With the exception of subsections 11.2(1) and 11.2(2) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subsection 11.2(1) or 11.2(2) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Website Operator shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Diego County, California. By using the Site in any manner, you agree to the above arbitration provision.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
11.5 Governing Law. The Terms, and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
12.1 Termination. Notwithstanding any of these Terms, Website Operator reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to the Site.
12.2 Submissions. You acknowledge and agree that any questions, comments, suggestions, feedback, ideas or other information or materials regarding the Site (the “Feedback“) that is provided by you in the form of e-mail or other submissions to Website Operator, or any postings on the Site, are (as between you and Website Operator) non-confidential and shall become the sole property of Website Operator. Website Operator shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
12.3 IRS Circular 230. Any discussion of U.S. tax matters contained herein (including any Materials available at the Site) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or other matter. The foregoing language is intended to satisfy the requirements under the regulations in Section 10.35 of Circular 230.
12.4 Third Party Information. We may hyperlink to or otherwise make third party information available on the Site. This is done solely for the purposes of convenience or via an advertising or affiliate relationship with such third party. We do not endorse or approve of any such third party information or such third parties. If you decide to access linked third party sites, you do so at your own risk. You should direct any concerns regarding any third party sites to the administrator of the applicable third party site. You should also refer to the separate terms of use, privacy policies, and other rules posted on the third party sites before you use them. You should assume that Website Operator may have an advertising, marketing, or affiliate relationship and/or another material connection to the third-party providers of goods and services mentioned on or linked to from the Site and Website Operator may be compensated when you purchase from such a third-party provider or advertiser. You should always perform due diligence before buying goods or services from anyone via the Internet or offline.
12.5 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
12.6 Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
12.7 Export Control. You may not access, download, use or export the Site in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries in their nationals or used for any prohibited purpose.
12.8 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.
12.9 Privacy Policy. Website Operator is committed to protecting your privacy. We have prepared this Privacy Policy included here in this section of the Terms (“Privacy Policy”) to describe to you our practices regarding the Personal Data (as defined below) we collect from users of the Site and the Materials.
We may collect Personal Data from you, such as your first and last name, e-mail, mailing address, and phone number.
If you provide us feedback, post an event or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the form, in order to send you a reply.
We may also collect Personal Data at other points in the Site that states that Personal Data is being collected.
Information Collected by Our Servers. To make our Site more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP“) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP“), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site, and to gather demographic information about our user base as a whole. For example, some of the information may be collected so that when you visit the Site, it will recognize you and the information could then be used to provide information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Site and to help us track affiliate relationships and user activity. This type of information is collected to make the Site more useful to you.
Do Not Track Browser Setting. Some or all of our pages are not enabled to respond to “do not track” signals from web browsers.
Pixel Tags. We may use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user.
iii. Collection of Data by Advertisers. We may use third parties to serve ads on the Site or collect personally identifiable information about your online activities over time and across different websites.
provide improved administration of the Site;
improve the quality of experience when you interact with the Site;
send you follow-up communications when you contact us via e-mail, submit feedback, or post an event; and
send you administrative e-mail notifications, such as updates regarding the Site, security, or support and maintenance advisories.
iii. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
iii. Changing or Deleting Your Personal Data. Personal Data submitted may be retained indefinitely. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
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