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WEB SITE TERMS OF SERVICE
PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF SERVICE AND THE SITE’S PRIVACY POLICY.
The primary domain of this web site is www.PropServicesWest.com (the “Site”). These terms of service (the "Terms of Service" or "TOS") apply to and govern your use, and any use by another person, of any account you may create, as well as your use of this Site and the Services (as defined below). Your use of the Site and/or any Service signifies your agreement to be bound by these Terms of Service and the Site’s Privacy Policy (the "Privacy Policy"), which is hereby incorporated by reference.
For purposes of the TOS, the following defined terms shall have these meanings: (A) “Service(s)” shall mean any and all services on, or provided by, the Site or Prop Services West II, LLC (“PSW”) (including a User Account as defined below), whether or not such services are also provided or delivered by other means or media such as via physical delivery, email, or through software or wireless devices; (B) “Site” shall mean this Web site; (C) “Site Content” shall mean any and all human readable audio and/or visual elements of this Site, created or owned by PSW, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works, designs, logos, information, downloadable software, and other content made available through the Site; (D) “Site Code” means any and all underlying elements of the Site, including without limitation, source code, script, object code, machine language, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (E) “User Account” means any account created by you, through a registration or application process for the purpose of accessing or using certain other Services.
OWNERSHIP OF SITE, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to PSW (and its affiliated entities) and are owned by PSW and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws.
Unless expressly permitted in writing by PSW, you shall not capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, Site Content or Site Code or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an “Unauthorized Use”). Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of PSW and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of copyright laws may be subject to severe civil and criminal penalties.
LICENSE TO USE THIS SITE
PSW grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOS. You may “cache” pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Except as specified by these TOS, any other copy or use of a portion of the Site is not authorized, will be a violation of these TOS and will constitute a copyright violation. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS or by law.
CHANGES IN SITE OWNERSHIP
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site or Services, of any information about you contained in any applicable PSW database and/or physical files, if PSW or one of its companies assigns its rights and obligations regarding any of your information in connection with a merger, acquisition, or sale of all or substantially all of PSW’s or such PSW company’s assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site or the Services to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site or any related Service signifies your agreement to be bound by the Privacy Policy, Terms of Service, and all other terms and conditions of the Site’s or Service’s subsequent owner or operator.
CHANGES TO SITE AND/OR TERMS OF SERVICE
PSW reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, TOS, and/or Privacy Policy, in whole or in part, at any time. Changes will be effective when posted. You agree to review the TOS and the Privacy Policy periodically to become aware of any changes. Your use of the Site after any changes to the TOS and/or the Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.
SOFTWARE
From time to time, and at its sole discretion, PSW may make available to users certain software that may be accessible or downloaded from this Site. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by PSW or a PSW-approved third party software provider (“Third Party Provider”). PSW does not transfer title to the Software to you. You own the medium on which the Software is recorded, but PSW and/or the Third Party Provider retain full and complete title to their respective Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for its Software. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Burma, Cuba, Iran, Iraq, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
USE OF SITE SERVICES AND ACCEPTANCE OF TERMS
The Services provided through this Site by PSW are subject to these TOS, the Privacy Policy, all other rules that may be published from time to time (all of which rules are hereby incorporated into the TOS), and all other provisions of the TOS.
In consideration for your use of the Services, you agree to (i) comply with these TOS, (ii) provide accurate, complete and true information about yourself as required or requested on any registration or application form for Services, or any area of the Site where you can provide personally identifiable information (your "Registration Information"), and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate any term of these TOS, or provide inaccurate, false, or non-current Registration Information may, at PSW’s sole discretion, have their Services and/or orders for Services suspended or terminated, and may be permanently banned from using any current or future Services.
TERMINATION
You understand and agree that PSW may, in its sole discretion and at any time, terminate your User Account or your use of any Services, and discard and remove any and all submissions for any reason. PSW may also, in its sole discretion and at any time, discontinue this Site and/or any other PSW web sites and/or Services, or limit or restrict any user access thereto, for any reason. PSW may take any one or more of these actions without any notice to you, prior or otherwise. Should PSW take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about you or your use of the Site or Services, including your Registration Information, User Account, and/or submissions. You understand and agree that PSW shall not have any liability to you or any other person for any termination of your access to any PSW site or Services, and/or for the removal of any information concerning you or your User Account.
LINKED SITES
The Site may frame, and/or contain links to or advertisements about, non-PSW Web sites. Other sites may also reference, advertise, or link to the Site. PSW does not endorse or sponsor other Web sites and is not responsible for the content of such sites. PSW expressly disclaims any statements or assertions made on non-PSW Web sites, and denies all liability associated with your use of, and the content on, such other sites or advertisements.
DISCLAIMER
THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PSW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PSW DOES NOT WARRANT THAT THE AVAILABILITY OF, OR THE FUNCTIONS CONTAINED IN, THE SITE, SITE CONTENT, SITE CODE, SERVICES, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SITE CONTENT, SITE CODE, SERVICES, OR SOFTWARE, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SERVICES, SOFTWARE, OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. PSW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, OR SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PSW) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PSW BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE, SOFTWARE, OR SERVICES, EVEN IF PSW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE PSW TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, PSW SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PSW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO PSW, IF ANY, FOR ACCESSING THIS SITE.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, rules and regulations in connection with your activities on this Site and under these TOS, including without limitation the applicable regulations of the United States Department of Commerce and the United States Export Administration Act, as amended to assure that the Site Content, Site Code, Services, and Software are not exported in violation of the laws of the United States.
By this notice, PSW seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.
ARBITRATION; JURISDICTION; GOVERNING LAW
In the event of any dispute of any nature between the parties arising at any time, the parties will be bound to submit such dispute for binding expedited arbitration pursuant to the Commercial Rules and regulations of the American Arbitration Association (the “Rules”) in Los Angeles, California, before a single arbitrator, and, in such event, the parties agree that each will abide by any decision rendered in such arbitration, and that any court having jurisdiction may enforce such a decision. The arbitration award shall provide for payment by the losing party (i.e., the party against whom an arbitration award is issued) of the fees and costs incurred in connection with said arbitration, as well as the reasonable attorneys’ fees incurred by the prevailing party to the arbitration, and shall further provide for the payment by the losing party of interest on any monetary award at the legal rate specified by statute. Each of the parties submits to the exclusive personal jurisdiction of the federal and state courts of the State of California as an appropriate place for compelling arbitration or giving legal confirmation of any arbitration award, and irrevocably waives any objection which it may now or hereafter have to the venue of any such enforcement proceeding brought in any of said courts and any claim of inconvenient forum.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
SEVERABILITY
If any provision of these TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions.