Terms and ConditionsWelcome to dvrconnect.com. Please read these Terms and Conditions of Use (“Terms and Conditions”) completely and carefully before using dvrconnect.com (the “Site”). By using the Site, you express your agreement to be bound by the Terms of Use and Conditions in their entirety. If you do not agree with any of the following Terms of Use and Conditions, please do not use this Site. Access Rights This Site is owned and operated by DV Ranch East Master Association (“DV Ranch”) a California non-profit mutual benefit corporation. DV Ranch may, in its sole discretion, revise any of the Terms and Conditions at any time. You agree to periodically review the Terms and Conditions for any revisions, and to be bound by any revisions, effective as of the date such revision is first posted on the Site. Your right to access and use the Site is automatically terminated, immediately and without notice if, in DV Ranch’s sole discretion, you fail to comply with any term or provision of the Terms and Conditions. DV Ranch also has the right to suspend and/or revoke your right to access and use the Site at any time, with or without notice. Permitted Use You are authorized to access and use the Site and its content solely for your personal use. The Site is not to be used for solicitations or content of a primarily commercial, political or religious nature (except where commercial activity is expressly permitted on the Site, such as in paid advertising, classified ads, and job postings in designated portions of the Site). The content on the Site belongs to DV Ranch and other third parties. You may not sell, modify, reproduce, distribute, or otherwise use the content on this Site (including derivative works created therefrom) for any unauthorized purpose without the express written permission of DV Ranch. You agree to use the Site only for purposes that are lawful and appropriate. Without limiting the foregoing, you agree not to post on, or transmit through the Site, any material which violates or infringes in any way upon the rights of others; is threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene; is lewd, lascivious, filthy, excessively violent, offensive or otherwise objectionable; or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. User-Supplied Information And Content In connection with your registration and use of the Site, you agree to provide and maintain accurate, truthful, and complete information about yourself as prompted by the registration process. Sections of the Site permit users to upload their own content to the Site, including postings for classified ads and other content. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable, fully assignable right to sell, modify, reproduce, distribute, or otherwise use any content (including derivative works created therefrom) you provide on or to the Site. DV Ranch has no obligation to make any use of any content provided by users of the Site. Monitoring And Editing You agree that DV Ranch has the right, but not the obligation, in its sole discretion, to monitor your use of the Site and the content posted by third parties on the Site. You agree that DV Ranch has the right, but not the obligation, in its sole discretion, to edit, remove, or to refuse to post any third party content for any reason whatsoever. You acknowledge that the Site and the content posted by third parties may or may not be monitored or edited, and that you will not rely on DV Ranch to monitor or edit such content in any manner. Further, you agree to assume the risk, and waive any and all objections and claims that you may have with respect to your viewing of any content on the Site (whether created by third parties or otherwise). Regardless of whether or not content is monitored or edited by DV Ranch, you agree that the posting of third party content on the Site shall not be deemed an endorsement or approval of such content by DV Ranch and in no event shall DV Ranch be responsible or liable for such content. Trademarks And Copyrights All trademarks relating to the Site, including “dvrconnect.com” is the sole property of DV Ranch. In addition, other names, logos, characters and images on the Site are the trademarks of DV Ranch or their respective owners. You agree not to use any trademark located on the Site for any purpose without the prior written consent of DV Ranch or the appropriate trademark owner. All content, including but not limited to, articles, stories, images, video, graphics, sounds, software, and source code on the Site is subject to copyright protection and may not be displayed, reproduced, modified, or used in any way except as expressly permitted by these Terms and Conditions, or with the prior written permission of DV Ranch. Violations of trademarks and copyrights contained may result in significant civil and criminal penalties. Dealing With Advertisers/Classified Advertisers Certain components of this Site may facilitate transactions between third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or classified advertisers (collectively “Advertisers”) found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertiser. You agree that DV Ranch shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such Advertisers on the Site. DV Ranch does not evaluate, monitor or otherwise authenticate the products or services offered by third parties on the Site or otherwise, including, but not limited to, paid advertising, classified ads, online reviews, user-posted content or otherwise. DV Ranch makes no representations or warranties whatsoever regarding third party products or services and shall not be liable in any way for any damages, claims or other liabilities arising out of or in connection with transactions facilitated over the Site. Disclaimer THE CONTENT ON THIS SITE IS PROVIDED TO USERS “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DV RANCH PROVIDES NO WARRANTY THAT THE SITE WILL BE FREE OF ERRORS, INCLUDING WITHOUT LIMITATION TYPOGRAPHICAL AND FACTUAL ERRORS. DV Ranch PROVIDES NO WARRANTY THAT THE SITE WILL BE FREE OF TECHNICAL MALFUNCTION, OR THAT THE SITE'S SERVER OR ITS CONTENT IS FREE OF VIRUSES. DV Ranch EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DV Ranch OR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OR RELATED ENTITIES BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO PRODUCTS OR SERVICES SOLD. UNLESS OTHERWISE PROVIDED IN AN EXPRESS AGREEMENT BETWEEN YOU AND DV Ranch, NEITHER DV Ranch NOR ANY THIRD PARTY HAS CONFERRED UPON YOU A LICENSE OF TRADEMARK, COPYRIGHT OR OTHER PROPRIETY RIGHTS OR INTELLECTUAL PROPERTY. Jurisdictional Issues This agreement shall be governed by, construed and enforced according to the laws of the state of California. You expressly consent to the jurisdiction of state and federal courts located within Los Angeles County. Indemnification You agree to defend, indemnify and hold harmless DV Ranch and its affiliates, agents, employees, related entities, and third-party content providers and licensors from and against all damages, claims and expenses, including attorneys’ fees and costs, arising out of your use of the Site, and/or your breach or alleged breach of any obligation, condition or term in these Terms and Conditions. Severability, Integration And Amendment If any provision of the Terms and Conditions shall be held to be unlawful, void or unenforceable or any reason, that provision shall be enforced to the maximum extent possible but will otherwise be severable from the Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions. The provisions of the Terms and Conditions and each right and obligation referenced herein represent the entire agreement between you and DV Ranch, its affiliates or related entities. The Terms and Conditions shall supersede any prior agreements or understanding not incorporated herein. These Terms and Conditions may not be amended, waived, modified or terminated by any subsequent actions unless set forth in a revised Terms and Conditions posted on this Site by DV Ranch. Waiver Of Breach Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that, or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that, or any other term or provision of this Agreement. Dispute Resolution Any dispute between DV Ranch and you arising out of this agreement shall be resolved first by direct communication with one or more of DV Ranch’ management team members. Should DV Ranch and you be unable to resolve the dispute by communication, either DV Ranch or you may submit any dispute arising out of or relating to this agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of DV Ranch headquarters and pursuant to California state law. The arbitrator shall fully implement the intent and purposes of this agreement, and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach, or from defending against any allegations of a breach determined to be unfounded. Entire Agreement This agreement, including the Privacy Policy incorporated herein by this reference, contains the entire agreement between you and DV Ranch relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This agreement may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any of DV Ranch’ employees. DV Ranch reserves the right to make changes to this agreement at any time without advance notice. DV Ranch agrees to post all amended forms of this agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this agreement before using the Site to ensure that you agree to the terms and conditions of any amendments made to this agreement. You agree that these standards for notice of amendments to this agreement are reasonable. |