Acceptance of Terms of Use.
The Reserve at Rancho Mission Viejo and its affiliates (collectively, the “Reserve”) are pleased to provide this website (“Website”) for your information. Please carefully read the following terms of use (“Terms of Use”) for this Website before accessing the Website. The Reserve may amend these Terms of Use at any time without notice to you, provided, however, the most recent form of these Terms of Use will be posted on the Website at all times. Your access of the Website shall constitute your agreement to the most recent form of these Terms of Use. If you do not agree with these Terms of Use, we request that you immediately close your browser and terminate your access to the Website.
Accuracy of Information
The Reserve is not responsible if information made available on this Website is not accurate, complete or current. The material provided on this Website is for general information only. You agree that any reliance on the information contained on this Website is at your own risk.
User Representations.
You represent and warrant to the Reserve that (i) you are at least 18 years of age, (ii) your use of the Website is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website, (iii) all information (if any) provided by you to the Reserve is correct, (iv) you possess the legal right and ability to enter into these Terms of Use and to use the Website in accordance with these Terms of Use, (v) your use of the Website shall be in accordance with these Terms of Use and all applicable laws, rules or regulations.
Prohibited Acts.
In connection with your access to, and use of, the Website, you agree not to: (a) upload, post, email, or otherwise transmit any obscene, threatening, defamatory, misleading or unlawful material, or any viruses, worms or Trojan horses; (b) violate any applicable international, federal, state or local law or regulation; (c) sell or otherwise distribute any data obtained from any Reserve database; (d) use any automated means to download data from any Reserve database; and (e) interfere with or disrupt the performance of the Website.
No Representations and Warranties.
The Reserve makes no representation or warranty of any kind with respect to the Website, any website links or any content on the Website. Inclusion of any website link on the Website does not imply approval of any linked websites by the Reserve. Your use of the Website and any website links is at your own risk. The Website and all information contained therein is intended for general reference and informational purposes only. The Reserve assumes no responsibility for any errors or omissions in the Website content or on any third party sites. The Reserve shall not be liable for any damages resulting from your use of, or reliance upon, the Website or any content contained therein.
As you access the Website, please note that although every effort has been made to ensure that the information on the Website is accurate, the Website may contain inaccurate, incomplete or outdated information. Updates to the Website are made from time to time and you should not assume that the information on the Website has been updated with current information.
Intellectual Property.
All materials published on the Website, including, but not limited to, images, photographs, graphics, logos, data, information, text, design, artwork or other copyrightable elements and trademarks, service marks, trade names and any other intellectual property is the exclusive property of the Reserve. Materials may not be copied, reproduced, displayed, republished, transmitted, distributed, altered or otherwise used, in whole or in part, in any manner without the prior written consent of the Reserve. Your use of the Website does not give you any ownership rights in the information contained on the Website.
Termination.
You agree that the Reserve, in its sole discretion, may terminate or suspend your use of the Website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website. Accessing the Website after such termination, suspension or discontinuation shall constitute an act of trespass. You agree that the Reserve shall not be liable to you for any termination or suspension of your access to the Website.
Release and Limitation of Liability.
RESERVE SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE THE RESERVE AT RANCHO MISSION VIEJO, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM ALL CLAIMS OF ANY KIND, INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS OR CLAIMS FOR INTEREST THAT ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR (A) ACCESS TO AND USE OF THE WEBSITE, OR (B) THE USE OF ANY INFORMATION CONTAINED ON THE WEBSITE. THE WEBSITE AND ANY AND ALL CONTENT CONTAINED THEREON IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RESERVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Indemnification.
You agree to indemnify, protect, defend and hold harmless Reserve and Reserve’s affiliated entities from and against any and all claims, judgments, causes of action, damages, penalties, fines, costs, liabilities, losses and expenses arising at any time out of or in connection with your (a) failure to comply with the Terms of Use, or (b) any use of the Website. The Reserve expressly rejects any obligation to indemnify, defend or hold you harmless arising out of these Terms of Use or the Website.
Governing Law.
To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of California, U.S.A. without regard to conflict of law principles and without regard to the United Nations Convention on Contracts for the International Sale of Goods. To the fullest extent permitted by law, the controlling language for these Terms of Use is English.
Jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, OR INFORMATION, SERVICES AND CONTENT CONTAINED THEREON SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.
Copyright Information
Copyright © 2012, The Reserve at Rancho Mission Viejo. All rights reserved. The Reserve invites viewers to browse the Website to obtain information about The Reserve at Rancho Mission Viejo. The entire contents of this Website, including images and text, graphics, charts, pictures, photographs, icons, as well as works that are licensed to the Reserve and found within this Website’s related pages are copyrighted as a collective work and currently owned by the Reserve and/or its affiliates. The Reserve grants a limited license to viewers to download or print pages from the Website for personal informational purposes only, and not for any commercial purposes. Use of this Website by viewers is based upon their agreement to abide by these terms. Any violation of the foregoing conditions or use will subject the user to the possibility of full prosecution under applicable law. If you have any questions regarding these Terms of Use, please contact us at staff@nullrmvreserev.org or The Reserve at Rancho Mission Viejo, Attn: Website Terms of Use, P.O. Box 9, San Juan Capistrano, California 92693.