THIS DOCUMENT CONTAINS IMPORTANT LEGAL TERMS THAT LIMIT YOUR RIGHTS.
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet any other eligibility requirements. If you do not meet all of these requirements, you must not access or use any aspect of the Site.
ACCESSING THE SITE AND ACCOUNT SECURITY
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you. You agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, photos, images, graphics, video and audio, and the layout and design, selection and arrangement and organization thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not access or use, other than for your own personal use or for purposes related strictly to the subject real property that you are inquiring about, any part of the Site or any services or materials available through the Site. Systematic retrieval of the materials or other data from this Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, directory or database without the express written permission of the Company is strictly prohibited.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of PEAK Environmental Liability Management Services, LLC. dba California Disclosures, or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate CALIFORNIA DISCLOSURES, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or that, as determined by us, may harm the Company or users of the Site or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Otherwise attempt to interfere with the proper working of the Site.
DIGITAL MILLENIUM COPYRIGHT ACT
It is our policy to respect the intellectual property rights of others. If you are alleging that material available through the Site infringes upon your copyright, we ask that you please submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") to the address provided below. In order to be effective, the notice must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CALIFORNIA DISCLOSURES to locate the material.
4. Information reasonably sufficient to permit CALIFORNIA DISCLOSURES to contact you (e.g., an address, telephone number and an email address).
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In the event that materials are removed from the Site by the Company (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, please submit a written counter-notification pursuant to the DMCA. In order to be effective, the counter-notification must include the following:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, telephone number, and, if available, an email address, and a statement that you consent to the jurisdiction of the U.S. District Court for the Central District of California, Southern Division, and that you will accept service of process from the person who provided notification of the alleged infringement.
All written notices should be sent to the following: California Disclosures, Attention: Legal Department, 31877 Del Obispo Street, Suite 205, San Juan Capistrano, California 92675; Email: legal@CaliforniaDisclosures.com.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
OTHER TERMS AND CONDITIONS
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
This Site may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Site.
• Send e-mails or other communications with certain content or links to certain content on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Site other than the homepage.
LINKS FROM THE SITE
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We provide this Site primarily for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THERE ARE NO WARRANTIES OF ANY KIND RELATING TO ANY OF THE PROPERTIES ABOUT WHICH INFORMATION IS POSTED ON THIS SITE. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CALIFORNIA DISCLOSURES NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CALIFORNIA DISCLOSURES NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CALIFORNIA DISCLOSURES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL CALIFORNIA DISCLOSURES, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. HOWEVER IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE COMPANY PARTIES ARE FOUND LIABLE TO YOU ON ANY THEORY OF RECOVERY IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE LIABILITY OF THE COMPANY PARTIES TO YOU WILL BE LIMITED TO THE TOTAL AMOUNT THAT YOU HAVE PAID TO THE COMPANY IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY RELATED SERVICES IN THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE ACT, OMISSION OR INJURY THAT GAVE RISE TO THE LIABILITY, EXCEPT IF DUE TO THE INTENTIONAL MISCONDUCT OR FRAUD OF THE COMPANY
GOVERNING LAW AND JURISDICTION
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
This website is operated by PEAK Environmental Liability Management Services, LLC. dba CALIFORNIA DISCLOSURES, 31877 Del Obispo Street, Suite 205, San Juan Capistrano, California 92675. Many if not most communications between Company and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and the Company electronically shall satisfy any legal requirements that such communications be in writing. Please direct all other feedback, comments, requests for technical support and other communications relating to the Site to support@CaliforniaDisclosures.com.