Links to other sites
This agreement only applies to our website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services or other resources). You should direct any concerns with respect to any other websites to that website's administrator or Webmaster.
Copyright policy and copyright agent
Arbor Real Estate respects the intellectual property rights of others, and we expect our users to do the same. In appropriate circumstances, and in our sole discretion, we may but are not required to terminate the rights of any user to use our website (or any part thereof) who infringes the intellectual property rights of others. Subject to the foregoing, it is our policy to terminate in appropriate circumstances users who are repeat infringers. If you believe that a user of our website or services has infringed the intellectual property rights of another, please provide the following information to the copyright agent specified below.
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest; a description of the intellectual property interest that you claim has been infringed upon; a detailed description of where the material that you claim is infringing is located on our website, including the URL where the infringing material appears or is evident; your address, telephone number and email address; a statement that you have a good faith belief that the disputed use is not authorized by the intellectual property rights owner, its agent, and or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the intellectual property rights involved, or are authorized to act on behalf of such owner.
You may send any notices, including notices of copyright infringement under the digital millennium copyright act, to Arbor Real Estate's designated agent for notice of claims of copyright infringement on our website at the following address: 435 W. 30th Street, Newport Beach, CA 92661
Please note that this procedure is exclusively for notifying Arbor Real Estate and its affiliates that intellectual property rights have been infringed. This policy is intended to comply fully with the requirements of the online copyright infringement liability limitation act.
You agree to defend, indemnify and hold us, our shareholders, directors, officers, employees, agents, affiliates, and suppliers (indemnified persons) harmless from any claims, demand, damage, loss, or expense, including costs and attorney's fees, made by any third party due to or arising out of your access to or use of our website, services, or products, the violation of this agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (claim). If you are obligated to provide indemnification pursuant to this provision, the involved indemnified person may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any claim without the consent of the applicable indemnified person.
We make every effort to ensure the accuracy of all information that you receive in relation to the use of our services and products. In the event of typographical errors, technical inaccuracies, or product or service pricing errors or omissions, we reserve the right to correct the error within a reasonable period of time
Disclaimers, Exclusions, and Limitations
Disclaimer of warranties Arbor Real Estate provides our website, services, and products on an as is and as available basis. Arbor Real Estate makes no representations or warranties of any kind, express or implied, that our website, or the information, content, materials, services, or products available on our website, its servers, or email sent from Arbor Real Estate: (i) will be uninterrupted, (ii) will be free of defects, viruses, inaccuracies, errors, or other harmful components, (iii) will meet your requirements, or (iv) will operate in the configuration or with other hardware or software that you use. Arbor Real Estate makes no warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You expressly agree that your use of the website, services, and products is at your sole risk.
Third Party Services
The third-party links, services, goods, resources, and information that Arbor Real Estate provides on or makes available through our website, including, without limitation, those available through third-party advertising or advertisements, are not controlled by Arbor Real Estate, Accordingly, Arbor Real Estate makes no warranties regarding such third-party services, resources, and information, including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, and compliance with applicable law, and will not be liable for your use of or reliance on such third-party services, resources, or information.
Exclusion of Damages
Arbor Real Estate will not be liable to you or any third party for any consequential, incidental, indirect, punitive, or special damages (including damages relating to lost profits, lost data, or loss of goodwill) arising out of, relating to or connected with the use of our website, services, or products, based on any cause of action (including, without limitation, negligence, breach of contract, infringement, invasion of privacy, or strict liability), even if advised of the possibility of such damages.
Limitation of Liability
Except for a breach of a party’s representations or warranties under this agreement or in connection with your indemnification obligations under this agreement, in no event will the liability of either party in connection with this agreement, our website, services, or products exceed the lesser of the amount paid by you to Arbor Real Estate during the one month period immediately preceding the event that gives rise to such liability or $100.00
Limitation of Actions
Notwithstanding any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or in connection with your use of our website, services, or products must be made in writing pursuant to the arbitration provision below within one calendar year after such claim or cause of action arises, or shall forever be barred.
Arbor Real Estate will not be liable for failing to perform under this agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communication outage, a failure by a service provider to Arbor Real Estate to perform, fire, threatened or actual act of terrorism, natural disaster, or war.
Termination by Us
By us we will have the right in our sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or your access to our website or services. Such reasons may include, without limitation: (i) your breach of any part of this agreement, (ii) your violation of the rights of any third party or of law, (iii) the invalidity of your credit card, (iv) you're exceeding your credit card limit, (v) chargeback of a fee or other payment, or (vi) your membership account becoming inactive for an extended period of time.
Termination by You
By you if you are a member, you may terminate your account for any reason at any time by terminating it through the providing express written notice to us of your intention to do so and sending an email to the address set forth on our website, subject to this agreement.
Effect of Termination
If your account is terminated, we may, in our sole discretion, delete any websites, files, graphics or other content or materials relating to your use of our website or services on our servers or otherwise in our possession. Immediately upon termination, either by you or us, you are not permitted to access or use our website or services or purchase products. We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to our website or the services, including, without limitation, technological barriers, ip mapping, and direct contact with your internet service provider (isp). If your account is terminated, you must immediately pay us any fees or other amounts that you owe or that are based on your activity prior to termination.
All provisions of this agreement, except our license and site access to you and your use of our website, services, and products, shall survive the termination of this agreement.
This agreement may not be assigned by you without our prior express written consent. Any attempted assignment in violation of this section shall be void and without legal effect.
If any provision of this agreement or any agreement made through our website for the purchase and sale of services or products is held unenforceable, the remaining portions thereof shall remain in full force and effect. Without limiting the foregoing, you agree that if any remedy hereunder or thereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth herein or therein shall remain in effect.
By visiting our website, you agree that the laws of the State of California and of the United States, without regard to its principles of conflict of laws, will govern this agreement as well as contracts made through our website for the purchase of services or products and any dispute of any sort that might arise between any of the parties to any such agreement. Notwithstanding the preceding sentence, the United Nations Convention for the international sale of goods and the uniform computer information transactions act shall not apply to the interpretation or enforcement of this agreement.
Arbitration of certain disputes
Any dispute relating in any way to your visit to our website or to products you purchase through our website shall be submitted to confidential arbitration in Newport Beach, California, USA, except that, to the extent you have in any manner violated or threatened to violate Arbor Real Estate's intellectual property rights, Arbor Real Estate may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.