Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

THIS DOCUMENT CONTAINS IMPORTANT LEGAL TERMS THAT LIMIT YOUR RIGHTS.

Welcome to the website CALIFORNIA DISCLOSURES owned and operated by PEAK Environmental Liability Management Services, LLC. doing business as (dba) CALIFORNIA DISCLOSURES ("California Disclosures," "Company," "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of CALIFORNIA DISCLOSURES, including any content, functionality and services offered on or through CALIFORNIA DISCLOSURES (the "Website"), and any CALIFORNIA DISCLOSURES mobile applications (our "Applications" and together with the CALIFORNIA DISCLOSURES website and services we provide through the CALIFORNIA DISCLOSURES website and Applications, our "Site") whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Site.

ACCEPTANCE OF THE TERMS OF USE

By using the Site you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy; incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

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.

CHANGES

Internet technology and applicable laws, rules and regulations change frequently and we reserve the right to make changes, at our sole discretion, to these Terms of Use at any time. We encourage you to review these Terms of Use regularly for possible changes. Your continued use of this Site constitutes assent to any new or modified provision of these Terms of Use that may be posted. All changes to the Terms of Use are effective immediately when posted, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes of which the parties have actual notice prior to the date the change is posted on the Site.

ACCESSING THE SITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use and comply with them.

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.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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.

These Terms of Use permit you to use the Site for personal and commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
• 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.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARKS

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.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
• 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

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

OTHER TERMS AND CONDITIONS

Additional terms and conditions may also apply to specific portions, services or features of the Site. Additional terms and conditions are hereby incorporated by this reference into these Terms of Use; Purchaser Agreement and Privacy Policy. In the event of any conflict between these Terms of Use and the Purchaser Agreement, the latter will prevail.

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.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. In addition, you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

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.

GEOGRAPHIC RESTRICTIONS

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

INDEMNIFICATION

You agree to defend, indemnify and hold harmless CALIFORNIA DISCLOSURES, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the State or Federal courts located in and serving Orange County, California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country if you reside outside the United States. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

AGREEMENT

The Terms of Use constitute the agreement between you and CALIFORNIA DISCLOSURES with respect to publicly accessible elements of the Site. Commercial use of the Site for the purchase and use of CALIFORNIA DISCLOSURES Reports shall be bound by the Purchaser Agreement.

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.