Our website at www.pacificliving.com
is a hub of products and services provided by Pacific Living Properties, Inc., a Colorado corporation and its subsidiaries and affiliates (including the individuals and entities who own the properties managed by PLP) (“PLP”, “we” or “us”). This Terms and Conditions of Use Agreement ("Terms") governs the users access to and use of PLP’s websites and online services (collectively, the “Service”). Please read these Terms carefully before using the Service.
PLEASE NOTE THAT THESE TERMS DO NOT AMEND, MODIFY OR SUPPLMENT ANY RENTAL OR LEASE AGREEMENT BETWEEN A RESIDENT AND PLP. 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.
A. Registering an Account
. You may use our Service only if you are legally able to form a binding contract with PLP, and only in compliance with these Terms and all applicable laws. When you create your account you must provide us with accurate and complete information. Failure to provide accurate information may limit the functions and features available and the termination of your account. You may not:
B. Our License to You
- Select or use a username of another person with the intention of impersonating that person;
- Use a username of anyone else without authorization;
- Use a username in violation of the intellectual property or other legal rights of any person; or
- Use a username that PLP considers, in its sole subjective discretion, inappropriate.
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 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 see our DMCA Administrator.
. We care about the security of our users and ask that you keep your username and password in a safe place. While we work to protect the security of your account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights.
V. Third-Party Links, Sites, and Services
VI. Contests, Sweepstakes, and Other Activities.
From time to time, PLP 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.
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.
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 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.
. 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 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.
We also know that there are people out there that like to use Service like ours for improper purposes, including posting obscene content. We take no responsibility and assume no liability for any content that you or any other user or third-party posts or transmits using our Service. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
X. Limitation of Liability
. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLP 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’s AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
. For any dispute you have with PLP, 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 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.
XII. DMCA Terms.
In accordance with the Digital Millennium Copyright Act (“DMCA”), PLP 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. Governing Law and Jurisdiction
. These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the sole and exclusive personal jurisdiction of a state or federal court located in San Diego, California, for any actions not subject to Section XI (Arbitration), in which case such Arbitration proceedings shall also be conducted in San Diego, California. Our Service is controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other jurisdictions.
XIV. 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.
. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PLP without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
C. Entire Agreement/Severability.
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 November 1, 2016.