Use of This Site’s Information
Use of the Site is for your personal information only. We retain all copyrights, trademarks and other rights to materials on the Site, including but not limited to: logos, graphics, designs, text, sounds and information, and the arrangement and display of these materials. The publication, distribution, modification, transmission, transfer, reproduction, public display, performance or exploitation of the Site’s content and creation of derivative works is strictly prohibited without our express written permission. You may not (a) use any robot, spider or other automated device, process, or means to access the Site, (b) use any device, software or routine that interferes with the proper working of the Site or (c) use the Site to interfere with or disrupt servers or networks connected or hosting the Site. You must obey all applicable requirements, procedures, policies and regulations and applicable local, state, national and international laws, regulations or ordinances with respect to your sue o the Site, including but not limited to the rules of California and New Yort State Department of State, the California Department of Real Estate and the New York State Department of Buildings.
You may not use any content, audio or video clips, photographs or other images on the Site for commercial use. We may revoke your right to use the Site at any time with or without notice in our sole discretion. We reserve the right to modify, suspend or discontinue all or a portion of the Site with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of the Site. All software used on the Site is the property of the Proprietor or our software suppliers and is protected by applicable laws.
All information submitted to us will be treated as non-confidential and non-proprietary to you, except as required by law.
You may not use the Site to: 1) transmit, post or upload any files that contain viruses, corrupted files, software or programs that may interfere with or disrupt the Site, or any servers and networks that connect to the Site or 2) violate any applicable treaty, law, regulation or ordinance.
We shall not be liable to you for any direct, indirect, special, reliance, consequential or exemplary damages, including, but not limited to, loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether arising as a contract, negligence or tort action, in connection with the use of, or inability to use, the Site.
We do not endorse nor are we responsible for any of the third-party websites that may link to the Site and any links to third party websites contained in the Site are intended for informational purposes only. We have no control over such third party websites, make no representations about such websites, and assumes no responsibility for any content or materials on such websites. Your use, rights and obligations with respect to any such website may be set forth at such sites.
We do not make any warranty as to content on the site. The site and all information, content, products, services or software provided on the site are provided on an “as is” or “as available” basis. Any material viewed, downloaded or otherwise obtained through the use of the site is done solely at your own risk. You will be solely responsible for any damage done to your server or loss of data resulting from viewing or downloading any such material.
We do not warrant: 1) the site will meet your requirements; 2) the site will be uninterrupted, timely, secure, or error-free; 3) the results obtained from the use of the site will be accurate or reliable at the time viewed or received; 4) the quality of any products, services information or other material that you view or obtain through the site will meet your expectations, or 5) any errors will be corrected. We hereby disclaims all warranties of any kind, express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, non-infringement, course or dealing or usage.
We shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use or inability to use the site, even if we have been advised of the possibility of such damages.
Compliance with Laws
The Site is compliant with all applicable laws. We support the principles of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968) as the same may be amended that prohibits discrimination in the sale, lease or rental of housing, or making housing otherwise available, because of race, color, religion, sex, disability, familial status or national origin and California State and local City anti-discrimination laws and other relevant categories of protected people.
Collection of Information
The Site does not automatically collect information about you; it only collects information that you may provide to us such as name, email, phone, move in date, appointment availability and similar related information.
Use of Your Information
We or our hosting providers may track visits to the Site to improve its performance, analyze website usage, improve the Site's content, and customize the Site's layout and content and for other customer service purposes.
We do not sell, rent or lend any information to any unrelated third parties; we do, however, reserve the right to provide information to our affiliates and service providers.
Visitors to our websites may be able to register to purchase services. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. If you are purchasing a service, we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we may provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
You agree that we may retain details of transactions you make on our website for the following uses: 1) we may share certain aggregated demographic information with our business partners regarding the users of our websites; 2) we may share certain personally identifiable consumer information with our business partners regarding applicants and other consumers; and 3) we may from time to time communicate service offerings to applicants and other consumers via our co-marketing partners.
We comply with all consumer privacy laws and use security measures to protect the information you provide to us from unauthorized access, use or disclosure. However, while we may use all commercially reasonable steps to protect the information you provide, we cannot guarantee that third parties will not unlawfully intercept or access internet data transmissions.
We do not intend to collect information from anyone under the age of eighteen. If you are under eighteen, please ask your parents to use the Site. Do not submit any information if you are under the age of eighteen.
By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Klaviyo or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in [Sporty & Rich, Los Angeles, CA] before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Sporty & Rich’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.