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Acceptance
of these Terms and Conditions
This is an agreement between you, the visitor of Beach View
Apartments, www.beachviewapartments.com,
and the owner of this website, T. F. Gonzalez Lobdell herein
referred to as the owner.
By
using the sites listed above, you agree to the terms and conditions
outlined below. We reserve the right to change, modify, add or remove
portions of these terms at any time. If you continue to use and/or
access the sites after we have posted changes to the terms, it means
you have accepted the new terms.
Although
the owner makes a reasonable effort to ensure that information on this
web site is accurate, it may contain inaccuracies or typographical
errors. Information may be changed or updated without notice and
changes may not always be made promptly. This web site does not
constitute an offer or contract.
By accessing our web sites, you agree to the entire
contents and statements herein, and agree to hold the owner his
Agents, Employees, and Affiliates harmless from any and all liability.
Copyright
All Web-site materials, including, without limitation design, text,
graphics, other files, and the selection and arrangement thereof are
Copyright © 2001 The Owner. ALL RIGHTS RESERVED. Except
as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording or otherwise, without
the prior written permission of the owner or the respective copyright
owner. Permission is granted to display, copy, distribute and download
the materials on this Site for personal, noncommercial and
informational use only; provided that you may not, without the
permission of the owner or the respective copyright owner, (a) copy,
publish or post any materials on any computer network or broadcast or
publications media, (b) modify the materials or (c) remove or alter
any copyright or other proprietary notices contained in the materials.
Licenses
and Site Access
The owner grants you a limited license to make personal use only of
the Site. Such grant does not include, without limitation: (a) any
resale or commercial use of the Site or content therein; (b) the
collection and use of any product listings or descriptions; (c) making
derivative uses of the Site and its contents; or (d) use of any data
mining, robots or similar data gathering and extraction methods.
Except as noted above, you are not conveyed any right or license by
implication, estoppels or otherwise in or under any patent, trademark,
copyright or proprietary right of the owner or any third party.
You may not use, frame or utilize framing techniques to enclose any
trademark, logo or other proprietary information (including the images
found at this Site, the content of any text or the layout/design of
any page or form contained on a page) without the owner's express
written consent. Further, you may not use any meta tags or any other
"hidden text" utilizing the owner's trademarks or product
names without the owner's express written consent.
Linking
You are granted a limited, nonexclusive right to create a hyperlink to
this Site provided such link does not portray the owner
or any of its products and services in a false, misleading,
derogatory or otherwise defamatory manner. You may not use a
proprietary graphic or trademark of the owner to link to this Site
without the express written permission of the owner. This limited
right may be revoked at any time.
The owner makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of
sites accessible by hyperlink from this Site, or sites linking to this
Site. The linked sites are not under the control of the owner, and the
owner is not responsible for the content of any linked site or any
link contained in a linked site, or any review, changes or updates to
such sites. The owner is providing these links to you only as a
convenience, and the inclusion of any link does not imply affiliation,
endorsement or adoption by the owner of the site or any information
contained therein. When leaving this site, you should be aware that
the owner's terms and policies no longer govern, and therefore you
should review the applicable terms and policies, including privacy and
data-gathering practices, of that site.
User Conduct
In using this Site, you agree:
-
not
to disrupt or interfere with the security of, or otherwise abuse,
the Site, or any services, system resources, accounts, servers or
networks connected to or accessible through the Site or affiliated
or linked Web sites;
-
not
to disrupt or interfere with any other user's enjoyment of the
Site or affiliated or linked Web sites;
-
not
to upload, post or otherwise transmit through or on this Site any
viruses or other harmful, disruptive or destructive files;
-
not
to use or attempt to use another's account, service or system
without authorization from the owner , or create or use a false
identity on this Site;
-
not
to transmit through or on this Site spam, chain letters, junk mail
or any other type of unsolicited mass email to people or entities
who have not agreed to be part of such mailings; and
-
not
to attempt to obtain unauthorized access to the Site or portions
of the Site that are restricted from general access.
In
addition, you agree that you are solely responsible for actions and
communications undertaken or transmitted under your account, and that
you will comply with all applicable local, state, national and
international laws and regulations, including but not limited to
United States export restrictions, that relate to your use of or
activities on this Site.
Forums and Interactive Areas
This Site may include discussion forums or other interactive areas.
Forums and interactive areas shall be used only for noncommercial
purposes. By using any forum or interactive areas, you agree not to do
any of the following:
-
Upload
to, distribute or otherwise publish through this Site any message,
data, information, text or other material ("Content")
that is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, harassing, threatening, invasive of privacy or
publicity rights, abusive, inflammatory or otherwise
objectionable.
-
Upload
or transmit any Content that would constitute or encourage a
criminal offense, violate the rights of any party, or would
otherwise create liability or violate any local, state, national
or international law, including, without limitation, the
regulations of the US Securities and Exchange Commission or any
rules of any securities exchange such as the New York Stock
Exchange, the American Stock Exchange or the Nasdaq.
-
Upload
or transmit any Content that may infringe any patent, trademark,
trade secret, copyright or other intellectual or proprietary right
of any party. By posting any Content, you represent and warrant
that you have the lawful right to distribute and reproduce such
Content.
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Impersonate
any person or entity or otherwise misrepresent your affiliation
with a person or entity.
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Without
he owner's written permission, distribute or publish unsolicited
promotions, advertising or solicitations for funds, goods or
services, including junk mail and spam.
The
owner takes no responsibility and assumes no liability for any Content
posted or uploaded by you or any third party, or for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity,
pornography or profanity you may encounter. The owner reserves the
right but not the obligation to remove any materials it deems
objectionable. You agree to hold harmless the owner and its affiliates
and parties with whom the owner has contracted for purposes of hosting
or maintaining this Site from all claims based upon communications
made or materials posted by others or the use by third parties of this
Site.
Copyright Policy and Copyright
Agent
All images and articles on this site are either the
owner's original images and articles, or were obtained with
consent from others sources. The owner has no control over
the actions of others and accepts no liability for them.
It
is the owner's policy to respect the copyright and intellectual
property rights of others. The owner may remove content that appears
to infringe the copyright or other intellectual property rights of
others. In addition, the owner may terminate the accounts of users who
appear to infringe the copyright or other intellectual property rights
of others.
If you believe that the owner or any user of our site has infringed
your copyright in any material way, please notify the owner and
provide the following information:
-
A
physical or electronic signature of the person authorized to act
on behalf of the owner of the copyright interest.
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An
identification of the copyrighted work claimed to have been
infringed.
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An
identification of the material that you claim is infringing so
that we may locate it on the site.
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Your
address, telephone number and email address.
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A
statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent
or the law.
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A
statement by you that the above information in your Notice is
accurate, made under penalty of perjury, and that you are
authorized to act on behalf of the owner of the copyright interest
involved.
Indemnification
You shall remain solely liable for the Content of any messages or
other information you upload or transmit to the owner, including any
discussion forums or interactive areas of this Site. You agree to
indemnify and hold harmless the owner from any claim, action, demand,
loss or damages (including attorneys' fees) made or incurred by any
third party arising out of or relating to your conduct, your violation
of these terms and conditions, or your violation of any rights of a
third party.
Submissions
You agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or
creative materials or other information, provided by you in the form
of email or submissions to the owner or postings on this Site, are
non-confidential and shall become the sole property of the owner. The
owner shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use of these
materials for any purpose, commercial or otherwise, without
acknowledgment or compensation to you. The submission of any materials
to the owner, including the posting of materials to any forum or
interactive area, irrevocably waives any and all "moral
rights" in such materials, including the rights of paternity and
integrity.
Disclaimer of Warranties
You understand and agree that this site and the information, services,
products and materials available through it are provided on an
"as-is" and "as available" basis. You expressly
agree that use of this site is at your sole risk without warranty.
To the fullest extent permissible pursuant to applicable law, the
owner and its affiliates disclaim all warranties of any kind, either
express or implied, including but not limited to any warranties of
title, or implied warranties of merchantability or fitness for a
particular purpose. No oral or written information provided by the
owner or its affiliates, officers, directors, employees, agents,
providers, merchants, sponsors, licensors or the like shall create a
warranty; nor shall you rely on any such information or advice.
You expressly agree that use of this site, including all content, data
or software distributed by, downloaded or accessed from or through
this site, is at your sole risk. You understand and agree that you
will be solely responsible for any damage to your business or your
computer system or loss of data that results from the download of such
content, data and/or software.
You acknowledge that the owner does not control in any respect any
information, products or services offered by third parties on or
through this site. Except
as otherwise agreed in writing, the owner and its affiliates assume no
responsibility for and make no warranty or representation as to the
accuracy, currency, completeness, reliability or usefulness of content
or products distributed or made available by third parties through
this site.
The owner assumes no responsibility for any damages suffered by a
user, including, but not limited to, loss of data from delays,
non-deliveries of content or email, errors, system down time,
misdeliveries of content or email, network or system outages, file
corruption or service interruptions caused by the negligence the owner
its affiliates, its licensors or a user's own errors and/or omissions.
The owner disclaims any warranty or representation that
confidentiality of information transmitted through this web site will
be maintained.
Some states do not allow the limitation or exclusion of certain
warranties or conditions, so some of the above exclusions may not
apply to you.
Limitation on Liability
Under no circumstances, including without limitation negligence, shall
the owner or its parents, subsidiaries, affiliates, officers,
directors, employees, agents, suppliers or any other party involved in
creating, producing, transmitting, or distributing the site or related
services be liable for any indirect, incidental, special or
consequential damages arising from or in connection with the use or
inability to use the site or any content provided by or through this
site, or resulting from unauthorized access to or alteration of your
transmissions or data, or other information that is sent or received,
including but not limited to damages for lost profits, use, data or
other intangibles, even if the owner has been advised of the
possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages, so some of the
above may not apply to you. in such jurisdictions, liability is
limited to the fullest extent permitted by law.
Applicable Law
These terms and conditions shall be governed by and construed in
accordance with the laws of the State of California, without resort to
its conflict of law provisions. You agree that any action at law or in
equity arising out of or relating to these terms and conditions shall
be filed only in the Superior Court of San Francisco County,
California, or the United States District Court for the Northern
District of California, and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over
any suit, action or proceeding arising out of these terms and
conditions.
Termination
Notwithstanding any of these terms and conditions, the owner reserves
the right, without notice and in its sole discretion, to terminate
your license to use this Site, and to block or prevent future access
to and use of this Site.
Severability
If any provision of these terms and conditions shall be deemed
unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions and shall
not affect the validity and enforceability of any remaining
provisions.
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