WEBSITE TERMS AND CONDITIONS
Last updated: 11/30/2022
The following Terms and Conditions (the “Terms”) govern your access and use of all portions of South Village (“South Village”) web site and all content provided therein (the “Web Site”).
1. ACCEPTANCE OF TERMS AND CONDITIONS
By accessing or using the Web Site you agree to be legally bound by the Terms. If you do not agree to all of the Terms, you should not access or use the Web Site, or use or obtain the information, products and/or services provided through the Web Site.
2. MODIFICATION OF TERMS
3. ACCESS AT South Village’S SOLE DISCRETION
South Village reserves the right to restrict, refuse or terminate the access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
4. DISCLAIMER AND LIMITATION OF LIABILITY
All information contained on any material obtained by you on the Web Site is provided “As Is” for use at your own risk. South Village, AND ITS AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES (ALL THE “South Village”), disclaim to the fullest extent permitted by law any warranties and representations of any kind, whether express or implied, including, without limitation, warranties of fitness or accuracy or any other warranty which may otherwise be applicable or created by operation of law, custom, trade usage or course of dealings. South Village makes no representation that (i) the Web Site or information therein will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error-free, or (iii) the information that may be obtained from the use of the Web Site (including any information and materials on the Web Site) will be compliant, correct, complete, accurate or reliable for any purpose.
TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION, IN NO EVENT SHALL ANY OF THE SOUTH VILLAGE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.
You agree not to use the Web Site in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law.
You agree to indemnify, defend, and hold harmless the South Village Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms, with the applicable South Village Party having the exclusive right to control such defense including selecting counsel.
5. PRIVACY NOTICES
If and when South Village collects or uses information from or about you, South Village will do so in a responsible manner consistent with these Terms and our obligations under the law.
South Village collects non-personally identifiable information regarding your visit to the Web Site, such as, without limitation, user location, user devices, and IP address information. South Village utilizes third-party software to collect this information, such as Google Analytics. South Village reserves the right to change its data collection methods, providers, and/or software, at its sole discretion.
South Village may also collect personally identifying information about you. Personal information is data specifically about you, which you provide on a voluntary basis, and is used to enable South Village to provide the specific product, service, or information you have requested, in addition to the other uses described herein. By using the Web Site and providing any information to us, you are acknowledging that the Web Site is not a secure site and that data transmissions via email or the Web Site forms are inherently insecure.
You agree not to provide any information through the Web Site or email that you would not want to be shared with others. You agree not to send South Village any financial information through the Web Site or email, and further understand that information received from you may be used by South Village for any or all of the reasons described herein. NONE OF THE SOUTH VILLAGE PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DATA BREACH OR UNAUTHORIZED ACCESS TO INFORMATION ON OR SUBMITTED THROUGH THE WEBSITE, REGARDLESS OF THE LEVEL OF CARE USED BY SOUTH VILLAGE.
South Village may use your personal and non-personal information obtained through the Web Site or email for a number of different reasons, including, but not limited to, communicating with you and improving our services. South Village will not sell personal information or information regarding your visit to the Web Site to any third party.
South Village may disclose your information (1) if South Village determines a violation of the Terms has occurred, (2) if South Village believes such disclosure is necessary to identify or bring legal action regarding injury or interference with the rights of South Village or another user of the Web Site, (3) to respond to legal process or as otherwise required by law, and (4) to assist South Village in fraud protection or investigation.
6. THIRD-PARTY CONTENT
South Village is not responsible for the content of any site owned by a third party that may link to the Web Site, or that may be accessible through the Web Site. Any links between the Web Site and another site are not an endorsement of such other site or content therein and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any such third-party site.
7. INTELLECTUAL PROPERTY
All intellectual and/or other proprietary rights, including but not limited to all trademarks, copyright, and other material, in or disclosed on, or accessible through, the Web Site is, as between you and South Village, owned by South Village. Any copying of such content other than for your own personal, non-commercial use, without written permission from South Village, is strictly prohibited.
You will not use any content, any derivation thereof, the names “South Village”, “Claremont South Village” or any other trademark of South Village or any derivations thereof (the “Trademarks”) in any advertising/marketing materials or permit disclosure in any communication in any manner whatsoever. Without South Village’s consent, you shall not (i) sublicense, publish, transmit, transfer, sell, reproduce, distribute, display, alter or in any way exploit the content, (ii) combine, mix or integrate the content with other information, (iii) use or actively market the content, other than use for internal purposes, or (iv) distribute the content or any portion thereof.
8. INFRINGEMENT CLAIMS
South Village respects the intellectual property rights of others. Any notices of believed infringement may be sent to the agent identified below. In accordance with 17 U.S.C. § 512, the notice must identify:
A physical or electronic signature of the copyright owner or person authorized to act;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing;
Your contact information;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner.
Notice of copyright infringement claims may be sent to:
191 W 4th St, Pomona, CA 91766
Attn: General Counsel
9. JURISDICTION FOR DISPUTES
These Terms shall be construed in accordance with the laws of the state of California and any disputes concerning the same or any of the information or materials on the Web Site shall be resolved in the courts of New York.
10. NO CONFIDENTIALITY OF SUBMISSIONS BY YOU EXCEPT AS REQUIRED BY LAW
Except as otherwise required by law, any information submitted by you on the Web Site or in connection with your use of the Website is not considered and will not be treated as confidential.
11. Limitation of Liability.