Welcome to our website. The Ezralow Company (“we”, “our” or “us”) operates a website under the name www.capitalvalleyinvestments.com. This Terms of Use Agreement (“Agreement”) applies to the aforementioned website and any successor website (the “Website”) and any other features, content, or applications offered from time to time by us in connection with or via the Website (collectively, the “Services”). The Services and the Website are hosted in the U.
This Agreement sets forth the legally binding terms for use of the Services and the Website by you (“you” or “your”). By using the Website, you agree to be bound by this Agreement. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, please leave the Website and discontinue use of the Services immediately.
This Agreement includes our policy for acceptable use of the Services, your rights, obligations and restrictions regarding your use of the Services and the Website and our Privacy Policy. In order to participate in certain Services, you may be required to agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by this reference.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Website or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish to accept any change, you may choose not to use the Website or Services, or you may opt out of any offer by contacting us at webadmin@capitalvalleyinvestments.com. We reserve the right to make changes to the Website at any time without notice.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Website or Services if we determine, in our sole discretion, that you pose a threat to the Website or our other users, or that you have violated this Agreement.
I. ONLINE CONDUCT
You, as a user, agree to use the Website only for lawful purposes. We reserve the right to prohibit conduct or communication that we deem in our sole discretion to be harmful to us, to individual users, to the Website, to our Providers (as defined below), to the communities that use the Website, or to any third party, or which we believe to violate any applicable law. Neither we nor any of our Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website, subject to any legal requirements.
We may disclose any electronic communication of any kind (i) to satisfy any law, regulation, or court/government order or request; (ii) if such disclosure is necessary or appropriate to operate our Website; or (iii) to protect our rights or property as well as that of our officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Providers") and any other user.
If you submit a leasing or self-storage application through our Website you agree to provide true, accurate and complete information to us, and to correct or update any information that is no longer accurate.
The Website is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Website or Services, including unauthorized commercial use of or framing of photographs contained thereon or unauthorized framing of or linking to the Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Website or Services.
II. CONTENT
You acknowledge that the Website contains content that is owned by The Ezralow Company, its Providers or its licensors (“Proprietary Content”) which is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies now existing or hereafter developed. Such Proprietary Content includes, without limitation, text, graphics, floor plans, blueprints, and photographs of buildings, properties and objects on the Website. The Website, including Proprietary Content thereon, is protected by copyright under U. law and international treaties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Proprietary Content, in whole or in part. If no specific restrictions are displayed, you may download or make copies of select portions of the Proprietary Content, provided that the copies are made only for your personal use and not for any use for commercial purposes, and that you maintain any notices contained in the Proprietary Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by applicable law you may not upload, post, reproduce, or distribute in any way Proprietary Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software content shall be governed by the software license agreement accompanying such software.
www.capitalvalleyinvestments.com and The Ezralow Company are trademarks or service marks of The Ezralow Company. All rights are reserved. These marks and all other graphics, logos, service marks, trademarks and trade dress of The Ezralow Company, its Providers and its licensors used on the Website may not be used without our prior written consent. Without limiting the foregoing, no trademark or trade dress of ours may be used in connection with any product or service that is not The Ezralow Company's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits The Ezralow Company, its Providers or the Website.
III. AGE OF USERS
This website is not intended for the use of children or minors, and we do not market the Website for use by minors under the age or 13, even though it contains no adult materials. We do not knowingly collect or use any personal information from minors. No information should be submitted to us or the Website by visitors who are younger than 13 years old or by minors in general. If you are under the age of 13, you may use the Website only with express parental consent.
IV. ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically, which constitutes your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
V. DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASI TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE OR THE SERVICES; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE WEBSITE OR THE SERVICES; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE SERVICES OR E-MAIL PROVIDED BY, SENT FROM OR ON BEHALF OF THE EZRALOW COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENT
NEITHER [The Ezralow Company] NOR ANY OF OUR PROVIDERS GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR THE SERVICE THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS BEYOND OUR CONTROL OR THAT OF ANY OF OUR PROVIDER
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OUR PROVIDERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE EZRALOW COMPANY ’S RECORDS, PROGRAMS, OR SERVICE YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
NEITHER WE NOR ANY OF OUR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES EVEN IF WE OR OUR PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGE IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
VI. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
VII. APPLICABLE LAW; JURISDICTION
The Website is created and controlled by The Ezralow Company in the State of California, and resides on servers in California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles directing the choice of another jurisdiction’s laws. The parties agree that, subject to Section XIII, exclusive venue shall be in courts of competent jurisdiction sitting in Los Angeles County, California.
IX. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Agreement or any Related Agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles County, California and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. California Code of Civil Procedure Section 1283.05, which provides for certain discovery rights, shall apply to any such arbitration, and such Code Section is incorporated herein by reference. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in order to protect our intellectual property rights and to support our rights and remedies hereunder without waiving any right to arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
X. INDEMNITY
You agree to indemnify and hold The Ezralow Company, its Providers, and its and their subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Website or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Website or through the Services causes us to be liable to another person.
XI. PRIVACY POLICY
We believe that your privacy is very important. This Policy outlines the types of personally identifiable or personal information (called “personal information” in this Policy) that we will collect from you through the Website, and how we will use and when we might disclose that personal information. This Policy only governs our online collection of personal information. Your continued use of the Website, and submission of information to us, constitutes your consent to this Privacy Policy.
Data and Personal Information that we collect
We collect the following personal information from Website users (“you”) who choose to submit such information to us in connection with the services we provide: your name, your date of birth, your social security number, your telephone number(s), your email address, your driver’s license number and the addresses of your previous residences. We do not collect any personal information from you simply by virtue of your visiting our Website; we only collect it if you choose to submit it to us. We may collect more detailed information about you, such as credit card information, if you apply for a job or submit a leasing or self-storage application through our Website.
We may collect such information as your computer’s IP address when you visit the Website, and other usage information, by virtue of your visiting the Website, whether or not you submit personal information to us.
Use of the Personal Information that we collect
When you submit personal information to us, we collect that information and provide it to our personnel and any necessary third parties so that they are able to evaluate your requests, whether relating to leasing, storage or for any other purpose.
We may use any contact information you provide us to contact you regarding other products and services we offer. Each time we send you advertising or marketing materials, we will provide you with the opportunity to opt-out of receiving such materials in the future. You may also opt-out of receiving such materials at any time in accordance with the instructions provided in this Policy.
We may use the information you provide us to run or request a credit check, confirm references, conduct a background check or otherwise verify your eligibility for employment, tenancy, storage contract or for other commercial purposes. If you submit credit card information to us, we may share such information with credit card companies and the related merchant banks. If you become an employee or tenant, the information you provide will be part of your permanent employment or tenant record. If you become a tenant and you default on any payment, the information you have provided may be used to report your default to a credit agency. We reserve the right to conduct additional credit checks, especially in the event of any payment default. In the event of a payment default, we reserve the right to share your personal information with collection agencies for the purpose of collecting amounts owed to us.
Our servers, which may be hosted by one or more third parties, will store this personal information, including any credit card information you choose to submit to us, and may record such usage data as URLs of the websites from which you came to the Website and to which you went from the Website, your IP address, what type of browser you use and the date and time of your Website visit(s). Usage data may be used by us for administrative, analytical, research, optimization and other purposes, and this data in aggregated, anonymized form may be shared with third parties who provide such analytical and/or optimization services.
When we use third parties to assist us in processing your personal information, we require that they comply with this Privacy Policy and otherwise protect your personal information, applying security features that are standard in the webhosting industry and websites of this nature.
We may also disclose the personal or other information collected if required by law or court order, if the information relates to actual or threatened harmful conduct, to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the Website, to protect the property or safety of others, or in the event of the sale or other transfer of ownership of the Website, our properties or of us.
Your Rights
If you wish to opt out of further communications from us, or you do not want us to provide your personal information to third parties, contact us at webadmin@capitalvalleyinvestments.com and tell us that you opt out of our provision of personal information to third parties. It is entirely your choice whether or not you provide personal information to us.
Third Party Websites
This Website contains links to other websites and web pages. We want you to understand that when you click on such links, which will transport you to third party websites, you are no longer subject to this Privacy Policy, but are instead subject to terms of use and privacy policies that apply to such third party website(s). Please review them carefully. We disclaim all liability related to such third party websites.
Website Security
This Website has security measures in place that are commercially reasonable efforts to protect your personal information. For example, we store certain kinds of information, such as your personal information and credit card information, in encrypted form, and we use secure sockets layer (“SSL”) protocols to process all transactions. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of your data and information. While no server is completely secure, we believe our measures are appropriate to the confidentiality of the information involved.
XI. OTHER
This Agreement is accepted upon your use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permitted by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
XVI. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between you and us regarding your relationship with us and supersedes any prior statements or representations. When using the Website or making a purchase therefrom, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Please contact us at webadmin@capitalvalleyinvestments.com with any questions regarding this agreement.
I DO NOT ACCEPT
I ACCEPT |
