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Terms of Use Agreement Before Accessing Website.
Effective Date:
This Terms of Use Agreement was last updated on April 5,
2010.
This Terms of
Use Agreement sets forth the standards of use of the Mission
Viejo Commerce Center Online Service. By using the Mission
Viejo Commerce Center you (the “Member”) agree to these terms and
conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify,
alter, or update the terms and conditions of this agreement
without prior notice. Modifications shall become
effective immediately upon being
posted at Mission Viejo Commerce Center
website. Your continued use of the Service after amendments
are posted constitutes an acknowledgement and acceptance of
the Agreement and its modifications. Except as provided in
this paragraph, this Agreement may not be amended.
1.
Description of Service
Mission Viejo Commerce Center is
providing Member with tenant information. (1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for
Member’s access to the Internet, and (3) pay any fees relate
with such connection.
2.
Disclaimer of Warranties.
The site is provided by Mission
Viejo Commerce Center on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law,
Mission Viejo Commerce Center makes no representations or
warranties of any kind, express or implied, regarding the
use or the results of this web site in terms of its
correctness, accuracy, reliability, or otherwise. Mission
Viejo Commerce Center shall have no liability for any
interruptions in the use of this Website. Mission Viejo
Commerce Center disclaims all warranties with regard to the
information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable.
3.
Limitation of Liability
MISSION VIEJO COMMERCE
CENTER
SHALL NOT be liable
for any damages whatsoever, and in particular Mission Viejo
Commerce Center shall not be liable for any special,
indirect, consequential, or incidental damages, or damages
for lost profits, loss of revenue, or loss of use, arising
out of or related to this web site or the information
contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or
otherwise, even if Mission Viejo Commerce Center has been
advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
Member agrees to
indemnify and hold Mission Viejo Commerce Center, its
parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or
arising out of Member’s use of the Service, the violation of
this Agreement, or infringement by Member, or other user of
the Service using Member’s computer, of any intellectual
property or any other right of any person or entity.
5.
Modifications and
Interruption to Service
Mission Viejo
Commerce Center reserves the right to modify or discontinue
the Service with or without notice to the Member. Mission
Viejo Commerce Center shall not be liable to Member or any
third party should Mission Viejo Commerce Center exercise
its right to modify or discontinue the Service. Member
acknowledges and accepts that Mission Viejo Commerce Center
does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may be
interfered with or adversely affected by numerous factors or
circumstances outside of our control.
6.
Third-Party Sites
Our website may
include links to other sites on the Internet that are owned
and operated by online merchants and other third parties.
You acknowledge that we are not responsible for the
availability of, or the content located on or through, any
third-party site. You should contact the site administrator
or webmaster for those third-party sites if you have any
concerns regarding such links or the content located on such
sites. Your use of those third-party sites is subject to
the terms of use and privacy policies of each site, and we
are not responsible therein. We encourage all Members to
review said privacy policies of third-parties’ sites.
7.
Disclaimer Regarding
Accuracy of Vendor Information
Product
specifications and other information have either been
provided by the Vendors or collected from publicly available
sources. While Mission Viejo Commerce Center makes every
effort to ensure that the information on this website is
accurate, we can make no representations or warranties as to
the accuracy or reliability of any information provided on
this website.
Mission Viejo
Commerce Center makes no warranties or representations
whatsoever with regard to any product provided or offered by
any Vendor, and you acknowledge that any reliance on
representations and warranties provided by any Vendor shall
be at your own risk.
8.
Governing Jurisdiction of
the Courts of California
Our website is
operated and provided in the State of California. As such,
we are subject to the laws of the State of California, and
such laws will govern this Terms of Use, without giving
effect to any choice of law rules. We make no
representation that our website or other services are
appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to
do so subject to the internal laws of the State of
California.
9.
Compliance with Laws.
Member assumes
all knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the
Service in any way that violates applicable state, federal,
or international laws, regulations or other government
requirements. Member further agrees not to transmit any
material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or
international law or regulation.
10.
Copyright and Trademark
Information
All content
included or available on this site, including site design,
text, graphics, interfaces, and the selection and
arrangements thereof is © 2010 Mission Viejo Commerce
Center.com, with all rights reserved, or is the property of
Mission Viejo Commerce Center and/or third parties protected
by intellectual property rights. Any use of materials on
the website, including reproduction for purposes other than
those noted above, modification, distribution, or
replication, any form of data extraction or data mining, or
other commercial exploitation of any kind, without prior
written permission of an authorized officer of Mission Viejo
Commerce Center is strictly prohibited. Members agree that
they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages
or the content contained therein without prior written
permission of an authorized officer of Mission Viejo
Commerce Center.
Mission Viejo
Commerce Center and Mission Viejo Commerce Center.com are
proprietary marks of Mission Viejo Commerce Center.com.
Mission Viejo Commerce Center’s trademarks may not be used
in connection with any product or service that is not
provided by Mission Viejo Commerce Center, in any manner
that is likely to cause confusion among customers, or in any
manner that disparages or discredits Mission Viejo Commerce
Center.
All other
trademarks displayed on Mission Viejo Commerce Center’s
website are the trademarks of their respective owners, and
constitute neither an endorsement nor a recommendation of
those Vendors. In addition, such use of trademarks or links
to the web sites of Vendors is not intended to imply,
directly or indirectly, that those Vendors endorse or have
any affiliation with Mission Viejo Commerce Center.
11.
Notification of Claimed
Copyright Infringement
Pursuant to
Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, Mission Viejo
Commerce Center.com designates the following individual as
its agent for receipt of notifications of claimed copyright
infringement.
By Mail
Williams Real Estate
Management, Inc.
125 East Baker
Street, Suite 208
Costa Mesa, Ca 92626
Office: 714-427-5977
Fax: 714-427-5922
Email:
info@wrem.com
12.
Botnets
Mission Viejo
Commerce Center retains the right, at our sole discretion,
to terminate any accounts involved with botnets and related
activities. If any hostnames are used as command and control
points for botnets, Mission Viejo Commerce Center reserves
the right to direct the involved hostnames to a honeypot,
loopback address, logging facility, or any other destination
at our discretion.
13.
Other Terms
If any provision
of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected
thereby and shall remain valid and enforceable to the
maximum possible extent. You agree that this Terms of Use
Agreement and any other agreements referenced herein may be
assigned by Mission Viejo Commerce Center, in our sole
discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement shall apply in
addition to, and shall not be superseded by, any other
written agreement between us in relation to your
participation as a Member. Member agrees that by accepting
this Terms of Use Agreement, Member is consenting to the use
and disclosure of their personally identifiable information
and other practices described in our Privacy Policy. |