&cropxunits=251&cropyunits=90&width=235 "San Diego Housing Commission")
TERMS OF SERVICE
These Terms of Service (these “Terms” or the “Agreement”) describe the terms of service with respect to persons or entities who access the RENTCafé website or related downloadable mobile applications (collectively, the “Site”) operated by the San Diego Housing Commission, a public agency, and its subsidiaries and affiliates (together, the “Commission”). Hereafter, all persons or entities who access the Site (not including the Commission and its commissioners, officers, directors, managers, members, employees, and agents in their capacity as such) may be referenced via the terms “Users,” “you,” and “your.”
The Site is owned and operated by the Commission to offer certain services to Users (the “Services”). The Site licenses and utilizes the RENTCafé technology platform, which is owned and operated by Yardi Systems, Inc. (collectively, with its subsidiaries and affiliates, “Yardi”).
IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE COMMISSION. THIS AGREEMENT ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON THE SITE WITH RESPECT TO RENTCafé PRODUCTS AND SERVICES, AND ANY OTHER WRITTEN AGREEMENTS OR CONTRACTS BETWEEN YOU AND THE COMMISSION THAT INCORPORATE THESE TERMS BY REFERENCE, SET FORTH THE COMPLETE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE THE SITE AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES.
1. YOUR ACCEPTANCE. The Commission is pleased to provide the Site and the Services conditioned upon your acceptance, and hopes that you will find the Site informative and useful. BY USING THE SITE, YOU EXPRESSLY ACCEPT AND CONSENT TO THESE TERMS WITHOUT QUALIFICATION. THESE TERMS MAY BE AMENDED AND/OR MODIFIED FROM TIME TO TIME. SHOULD THESE TERMS BE AMENDED OR MODIFIED IN ANY WAY, THE NEW TERMS WILL BE POSTED TO THE SITE. BY USING THE SITE AFTER THE EFFECTIVE DATE OF ANY MODIFICATION OF AND/OR AMENDMENT TO THESE TERMS, YOU EXPRESSLY CONSENT, WITHOUT QUALIFICATION, TO THE TERMS AS SO MODIFIED AND/OR AMENDED.
2. YARDI IS NOT A PARTY TO ANY RENTAL TRANSACTIONS.
2.1. The Site serves as a platform for the Commission to provide the Services to Users. Yardi does not own or manage the properties listed on the Site and does not enter into rental contracts for those properties. Although the Site may lead to certain business transactions expressly agreed to between Yardi and Users, Yardi is not a party to any transaction or agreement between Users and the Commission other than these Terms. AS A RESULT, YARDI SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS OR THE COMMISSION.
2.2. You are responsible for how you use the Site, and the Commission encourages Users to exercise sound judgment when entering into property rental transactions. IN THE EVENT THAT YOU HAVE A DISPUTE WITH THE COMMISSION, YOU RELEASE YARDI FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
3. ACCESS TO AND USE OF THE SITE.
3.1. The Commission provides you with certain information and functionality through the Site. You are solely responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection necessary to access the Site, and for paying any service fees associated with such access.
3.2. The Commission has the right, but not the obligation, to take any of the following actions without providing any prior notice to you: (a) change or terminate all or any part of the Site or the Services; (b) restrict or terminate your access to all or any part of the Site or the Services; or (c) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
3.3. Subject to your compliance with these Terms, the Commission hereby grants you permission to access and use the Site and the Services, provided that you shall not (and shall not allow any third party to): (a) engage in commercial use of the Site or any content on the Site; (b) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Service or in or on any content or other material obtained via the Site or the Services; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site or the Services for any purpose, including, but not limited to, constructing or populating a searchable database of business or property reviews; (e) collect or harvest any information about other Users (including usernames and/or email addresses) for any purpose; (f) reformat or frame any portion of the web pages that are part of the Site or the Services; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as “spam” to other Users or otherwise interfere with other Users’ enjoyment of the Site or the Services; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use the Site or the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code used to generate web pages on the Site; (l) use any device, software or procedure that interferes with the proper working of the Site or the Services, or otherwise attempt to interfere with the proper working of the Site or the Services; (m) take any action that imposes, or may impose as determined by Yardi in its sole discretion, an unreasonable or disproportionately large load on Yardi’s IT infrastructure; (n) modify, adapt, translate, or reverse engineer any portion of the Site or the Services; or (o) use the Site or the Services, intentionally or unintentionally, to violate any applicable international, national, federal, state, provincial, or local law or regulation, including, but not limited to, fair housing laws and regulations.
4. Intentionally omitted.
5. ADDITIONAL REQUIREMENTS. Certain aspects of the Services may be subject to additional requirements, guidelines, other technical and non-technical specifications, or other rules or policies in addition to those set forth in these Terms (the “Additional Requirements”). In the event of a conflict between the Additional Requirements and these Terms, the Additional Requirements shall take precedence.
6. MODIFICATIONS. The Commission may modify or update these Terms from time to time, in its sole discretion and reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, or any or all of the Services, or any Site features, with or without notice and without liability to you. You agree that Yardi and Commission have no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that neither Yardi nor Commission shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Modifications to these Terms will be posted on the relevant area of the Site and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the “Terms of Service” hyperlink located on webpages throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
7. ACCOUNT REGISTRATION AND USE. In order to use certain features of the Site or the Services, you will have to register and create a password-protected account (“Your Account”) and/or submit property listings, lease agreements, rental terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents (collectively, “Information and Material”).
7.1. Your Account. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. The Commission reserves the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if the Commission has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current; or that you are using (or permitting a third party to use) Your Account for any purpose in violation of these Terms. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to: (i) immediately notify the Commission of any unauthorized use of your password or Your Account, or any other breach of security; (ii) immediately change your password if you become aware that Your Account has been compromised; and (iii) ensure that you fully sign off and exit from Your Account at the end of each session. Except as may otherwise be required or permitted by law, you agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your RENTCafé password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Your Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use any other User’s password on the Site or attempt to gain access to the RENTCafé account of any other User. THE COMMISSION CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
7.2. Privacy Statement and Your Information and Material. By submitting Information and Materials and in order for the Commission to provide you with the Services, you hereby consent to the Commission’s use and sharing of your Information and Materials in accordance with the Commission’s Privacy Statement (the “Privacy Statement”), as the same may be modified or amended from time to time, and which is incorporated herein by this reference. In the event of a conflict between the terms of the Privacy Statement and these Terms, the terms of the Privacy Statement shall prevail. In addition, you hereby represent and warrant that your Information and Materials: (a) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any fair housing, copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (b) are not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another User’s use of the Site or the Services; (d) do not promote illegal or harmful activities; and (e) are not illegal, unlawful or contrary to the international, national, federal, state, provincial, or local laws or regulations applicable to the Information and Materials where created, displayed or accessed.
7.3. Yardi Not a Party to Communications. Although Yardi provides a platform through the Site and the Services through which Users may communicate (the “communications”) with the Commission and other third parties (for purposes of this Section only, “Third Parties”), Yardi is not involved in communications with Third Parties and is not responsible or liable under any circumstances for the content of any such communications, or for any absence of such communications. The contents of communications from Third Parties are determined solely by such Third Parties and not Yardi. Yardi is only responsible for the content of information issued directly by Yardi. You acknowledge and agree that you will address any issues or concerns about communications from Third Parties with such Third Parties by contacting them directly and not Yardi. Yardi shall not become involved in any matters pertaining to communications from Third Parties except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Services.
7.4. Intentionally omitted.
7.5. Intentionally omitted.
7.6. Electronic Signatures. If you choose to use the electronic signature execution functionality of RENTCafé, you understand, acknowledge and agree that you have carefully reviewed the disclosure relating to use of your electronic signature to execute documents and will not execute such documents with your electronic signature without providing your consent to use your electronic signature. You agree that you will rely on your own legal counsel to determine the sufficiency of the electronic signature execution of the documents and their enforceability and that the Commission makes no warranty or other representation with respect to the sufficiency of the electronic signature execution of the documents under applicable international, national, federal, state, provincial or local laws or regulations.
8. THE COMMISSION’S RIGHTS. You acknowledge that the Commission has the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and Site security issues, to the fullest extent of the law. The Commission may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Commission has no obligation to monitor your access to or use of the Site or the Services but does have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
9. SITE CONTENT GENERALLY. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. The Commission does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site. The Commission makes no representations or warranties, express or implied, with respect to the information provided on this Site.
10. THIRD-PARTY LINKS, PRODUCTS AND SERVICES.
10.1. Third Party Websites and Services. The Site may contain links or voice accessibility to third-party websites or resources. Access to such third-party websites, services or resources are included solely for the convenience of Users, and does not constitute any endorsement or approval by the Commission of the third parties, anyone sponsoring these sites or their products or services, or the products or services themselves. The Commission makes no representations or warranties, express or implied, with respect to the information provided on any third-party website or service that may be accessed from the Site, including any representations or warranties as to accuracy or completeness. Because the Commission has no control over third-party websites, resources, products or services, you acknowledge and agree that Commission is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Commission shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any third-party site or resource. If you decide to access any such third-party websites, products, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party websites.
10.2. Google® Maps. The Site utilizes Google Maps and related content licensed to Yardi by Google and its licensors. By using the Google Maps features available on the Site, you are agreeing to be bound by the applicable Google Terms of Service.
11. OWNERSHIP. You acknowledge and agree that the Site and the Services use and contain intellectual property, and proprietary and confidential technology owned by or licensed to the Commission and/or Yardi, and protected by applicable intellectual property and other laws and international treaties (collectively, “Protected IP”). The Protected IP displayed on throughout the Site and Services includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials owned by or licensed to Commission and or Yardi, and protected by applicable intellectual property and other laws and international treaties. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the Protected IP or the Site, or to access to the Site in any way without the prior written permission of the Commission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Protected IP. All copyrights and trademarks are the property of their respective owners.
12. INDEMNITY. You agree to indemnify, defend and hold Yardi, the Commission, the Housing Authority of the City of San Diego, the City of San Diego, and all of their respective officers, commissioners, members, council members, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Indemnified Parties”) harmless from and against any and all claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (a) your negligence or misconduct; (b) your Information and Materials; (c) your conduct, including your use of the Site or the Services; (d) your connection to the Site; (e) any violation or breach of these Terms; (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third party as a result of your use of the Site or the Services; (g) your use of the electronic signature execution functionality of RENTCafé, including without limitation, the sufficiency of an electronic signature or the enforceability of an electronically signed agreement; or (h) your use of RENTCafé Resident Services voice activated commands via third parties including but not limited to Amazon Alexa and Echo services (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Indemnified Parties. The Indemnified Parties shall have the right, in their sole discretion, to select their own legal counsel to defend themselves from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of the Indemnified Parties’ reasonable attorneys’ fees incurred in connection therewith. You shall notify the Commission and Yardi immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your, the Commission’s, or Yardi’s ability to fully perform their respective duties or to exercise their rights under these Terms. You shall not, without the prior written approval of affected Indemnified Parties, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Indemnified Party.
13. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE:
13.1. YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL ON THE SITE, THE COMMISSION AND YARDI EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
13.2. THE COMMISSION AND YARDI MAKES NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; (B) REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE SITE; (C) THAT THE SITE OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET YOUR REQUIREMENTS; (D) THAT THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE SITE, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (F) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (G) THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
13.3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INFORMATION, PRODUCTS OR SERVICES.
13.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMISSION OR FROM YOUR USE OF THE SITE OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13.5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY.
14.1. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR:
A. ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/OR THE SERVICES, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE INDEMNIFIED PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
B. THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;
C. THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY COMPANY OR THEIR AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY COMPANY;
D. THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY COMPANY THAT IS ACCESSED FROM OR LINKED TO THIS SITE; OR
E. ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
14.2. You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site and Services.
15. ENFORCEMENT. The Commission and Yardi do not assume responsibility to you or others for any failure by either to enforce these Terms.
16. TERMINATION. You agree that the Commission, in its sole discretion and with or without notice, may terminate your use of the Site or any part thereof, or any or all of the Services, for any reason, including without limitation, for lack of use by you or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. In its sole discretion and at any time, the Commission may also discontinue providing the Site, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and you acknowledge and agree that the Commission may immediately bar any further access to the Site. You also agree that the Commission shall not be liable to you or any third party for any termination of your access to the Site or the Services.
17. AUTHORITY. You hereby represent and warrant to the Commission and Yardi that: (a) you have all the requisite power and authority, corporate or otherwise, to enter into the binding contract created by these Terms, conduct yourself and your business and to execute, deliver, and perform all of your obligations under this Agreement; (b) you have the right to submit and use your Information and Materials in the manner you have done so to or through the Site and/or through Your Account; (c) you have the right to grant the licenses granted under these Terms; (d) your performance under these Terms and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under, any contract or agreement to which you are currently bound or will become bound in the future; and (e) your performance under these Terms will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign.
18. Reserved.
19. INTERACTIVE AREAS.
19.1 Use of Interactive Areas. On the Site and/or as part of the Services, the Commission may provide areas that allow for interaction between Users, including bulletin boards, chat areas, forums, blogs, instant messaging, frequently asked questions, or other message and communications features (the “Interactive Areas”) for posting user feedback, comments, messages or other input (“Comments”). You acknowledge that all Interactive Areas are public and not private and that any information or content, including Information and Materials, that you post to an Interactive Area may be read by others and that Commission has no obligation to protect such information. The Commission recommends that you do not post or otherwise disseminate any personally identifiable information in the Interactive Area. Additionally, you agree to post only Comments that are proper, lawful, and related to the particular discussion or the Interactive Area itself. Without limitation, you may not post Comments or engage in any other activity on the Site that:
A. defames, threatens, abuses or otherwise violates the legal rights of others;
B. is harmful to children, profane, obscene, indecent or discriminatory;
C. infringes another’s rights to intellectual property, publicity, or privacy;
D. collects or stores personal information about other Users;
E. contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have the Commission’s written consent to do so);
F. contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
G. contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment;
H. disrupts or otherwise interferes with the Site or the networks or servers used by the Commission or Yardi;
I. impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or
J. constitutes illegal activity.
19.2. The Commission reserves the right in its sole discretion to reject use of Comments, delete Comments from the Site for any reason, and edit Comments for both content and format. The Commission further reserves the right to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever. The Commission does not endorse or control the Comments or information found in any Interactive Area and, therefore, specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
19.3. Intentionally omitted.
- GENERAL.
20.1. Governing Law; Venue and Jurisdiction. The Terms shall be governed by and construed in accordance with the laws of the State of California without respect for the principles of the conflict of laws. Except as may otherwise be required by the United States Constitution, the Central Division of the Superior Court of California, County of San Diego, shall have exclusive jurisdiction and venue over all disputes and proceedings arising from these Terms or any use of the Site or Services. The parties each consent and submit to the personal jurisdiction of the courts of the State of California. The parties each irrevocably waive, to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of the venue of any proceeding as required by this Subsection or any assertion that a legal proceeding commenced as required by this Subsection has been brought in an inconvenient forum.
20.2. Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of the Commission, which may be granted or withheld by Commission in its sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
20.3. Waiver. The failure to exercise or enforce any right or provision shall not affect Commission’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
20.4. Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
20.5. Entire Agreement. These Terms and any other terms agreed to in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you, the Commission, and Yardi regarding the subject matter hereof, and shall supersede any and all prior or contemporaneous representations or understandings relating to such subject matter.
20.6. Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or use of the Site or Services must be filed within 1 year after such claim or cause of action arose or be forever barred. .
19.6 Relationship of the Parties. No party to this Agreement is an agent, representative, or partner of the other party. No party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, any other party. These Terms shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon the parties.