Last Revised July 1, 2019
YOU AND VILLAS AT SAN BERNARDINO UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN COMMUNITY MEMBER AGREEMENT PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION, AND YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THAT NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED.
We may make changes to the Sites or their content, services or features at any time. You understand and agree that we may discontinue or restrict your use of all or any part of the Sites at any time for any reason or no reason with or without notice.
- Residency Agreements.Nothing on this Site is intended to or does modify, amend and/or supersede the terms of any residency agreement.
- Permitted Users of the Sites and Permitted Uses. The Sites are intended for use by persons eighteen years of age or older. If you provide information through the Sites, you represent that you are eighteen years of age or older. If you are a parent or guardian and believe Villas at San Bernardino may have inadvertently collected personal information from your child, please notify Villas at San Bernardino immediately by sending an email to firstname.lastname@example.org detailing the basis of your belief and your request.
Villas at San Bernardino strictly prohibits the use of any software, tools, programs, robotic algorithms or products to automatically download, scrape, search or spider the Sites or any of part of the Sites. By accessing or using the Sites, you acknowledge and agree that you shall not engage in any such conduct.
The Sites are controlled and operated by Villas at San Bernardino within the State of California, United States of America. Villas at San Bernardino makes no representation that materials on the Sites are appropriate or available for use outside of the United States of America, and access to them from locations where their contents are illegal or otherwise regulated is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws
- Proprietary Rights. The material provided on the Sites is protected by law, including but not limited to the United States copyright law and international treaties. You acknowledge and agree that, as between Villas at San Bernardino and you, all right, title, and interest in and to the Sites and their content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, brands, logos, slogans, trade names, trade dress, software, text, graphics, button icons, audio clips, photos, videos and all other intellectual property rights, are owned exclusively by Vi or its affiliates, suppliers, vendors, licensors or partners, and are protected by United States intellectual property and other applicable laws. Third party trademarks referenced in the Sites do not constitute or imply affiliation with, endorsement of, or recommendation of Villas at San Bernardino by the respective trademark owners, or by Villas at San Bernardino of the respective trademark owners.
You further agree that you may not use, modify, republish, frame, print, display, perform, reproduce, provide access to, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from any part of the Sites, unless specifically authorized to do so in writing by Villas at San Bernardino. Any unauthorized use of any material contained on the Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and laws, regulations and statutes.
You acknowledge that you do not acquire any ownership rights in any content on the Sites by virtue of having downloaded such material from the Sites. All right to copyrightable material not expressly granted hereunder are expressly reserved to Villas at San Bernardino. Villas at San Bernardino, is a registered trademark in California U.S.A. In countries where any of the trademarks, service marks, logos and trade names used on the Sites are not registered, Villas at San Bernardino claims other rights associated with unregistered trademarks, service marks, logos and trade names. No user of the Sites is granted any rights to such trademarks, service marks, logos or trade names.
- Site Security. You acknowledge and agree that you will not violate, or attempt to violate, the security of the Sites. Accordingly, you agree that you will not (i) access any data or materials located on the Sites which, by their nature, are not reasonably intended for your use or access, (ii) log into any server or user account associated with the Sites which you are not authorized to access, (iii) transmit or relay through the Sites or any associated server any spam or other broadly disseminated unsolicited email, or use the Sites or any associated server to spoof or otherwise disguise or conceal the identity of the party originating any email, (iv) use the Sites for any fraudulent or illegal purpose, (v) use the Sites or any associated server to email, upload or otherwise transmit any image, material or information which is unlawful, defamatory, tortious, libelous, harassing, sexually explicit, obscene, or otherwise objectionable to any racial, ethnic or other group, (vi) probe, scan or test the Sites or any associated server, or attempt to probe, scan or test the Sites or any associated server, to assess its security features and procedures or to analyze security or authentication measures without proper authorization, or (vii) interfere with, or attempt to interfere with, any third party use of the Sites or any associated server, including without limitation any introduction of a virus or other computer program routine or engine that is intended to damage, destroy, disrupt or otherwise impair the Sites or any associated server or network, and any effort to crash or disrupt the Sites or any associated server or network by means of a volume of service requests in excess of the capacity of the Sites or any associated server or network. Violation of a computer system or network security may result in civil or criminal liability. Villas at San Bernardino reserves the right to investigate occurrences which may involve such violations, and to report such violations to appropriate law enforcement authorities.
- User Conduct. By using the Sites, you agree that you shall not:(a) delete, modify, hack or attempt to change or alter any of the content on the Sites;(b) attempt to access accounts, computer systems, or networks connected to any of our servers or to the Sites, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Sites; or(c) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Sites or servers or networks connected to the Sites, or take any other action that interferes with administration and operation of the Sites or other parties’ use of the Sites.
- Submissions. Any messages, notes, suggestions or other material which you may submit to Villas at San Bernardino through or in connection with the Sites (including without limitation your messages sent to email addresses provided on the Sites or posts to the Villas at San Bernardino Facebook page) (“Submissions”) may be used by Villas at San Bernardino in its sole discretion for any purpose and in any manner, including without limitation promotional and advertising purposes, without compensation to you of any kind and without any right to inspect such use. You agree that your Submission does not establish a fiduciary or confidential relationship with us and will not place us in the position of receiving a disclosure in trust. In addition, you agree that (i) you will not transmit any Submission to Villas at San Bernardino which infringes upon the rights of any third party, (ii) any Submission that you transmit to Vi shall be truthful, accurate, not misleading, not in violation of any third party rights, offered in good faith, and not confidential, and (iii) to the extent that any Submission which you transmit to Villas at San Bernardino shall include any copyrightable material, you represent and warrant that you are the owner of such copyrightable material or have the right to grant Villas at San Bernardino a license to use such copyrightable material, and you hereby grant to Villas at San Bernardino a perpetual, irrevocable, royalty-free and worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and create derivative works of such Submission in any media or medium, and in any form, format or forum now known or hereafter developed. Villas at San Bernardino shall have the right to sublicense such rights through multiple tiers of sublicenses.
- DISCLAIMERS. ACCESS TO THE SITES, AND ALL MATERIAL, CONTENT AND SERVICES PROVIDED ON THE SITES, ARE PROVIDED ON AN “AS IS” BASIS. ACCORDINGLY, VI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND THE MATERIALS, CONTENT AND SERVICES PROVIDED ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR NON-INFRINGEMENT, EXCLUSIVE OF ANY SUCH WARRANTIES WHICH ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION. VILLAS AT SAN BERNARDINO DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION PRESENTED ON THE SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE SITES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VILLAS AT SAN BERNARDINO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITES OR RESULTS WHICH MAY BE OBTAINED FROM SUCH USE. YOU SHOULD VERIFY ANY INFORMATION OBTAINED FROM THE SITES BEFORE ACTING UPON IT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
THE SITES MAY CONTAIN LINKS TO OTHER INTERNET FACING SITES WHICH ARE NEITHER RELATED TO NOR MAINTAINED BY VILLAS AT SAN BERNARDINO. THESE LINKS ARE PROVIDED AS A SERVICE TO THE USERS OF THE SITES, AND SHOULD NOT BE CONSTRUED AS VILLAS AT SAN BERNARDINO’s SPONSORSHIP OR ENDORSEMENT OF ANY SUCH LINKED SITE. VILLAS AT SAN BERNARDINO DOES NOT MONITOR THE CONTENT OF ANY SUCH SITE AND IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH SITES. ACCORDINGLY, USERS OF THE SITES ARE CAUTIONED TO USE SUCH LINKS AT THEIR OWN RISK. IN ADDITION, WHILE VILLAS AT SAN BERNARDINO ENDEAVORS TO PROTECT THE SITES FROM INFILTRATION BY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER SIMILAR DESTRUCTIVE CODE PRODUCED BY THIRD PARTIES, VILLAS AT SAN BERNARDINO CANNOT PROVIDE ANY ASSURANCE THAT THE SITES WILL REMAIN FREE OF INFECTION FROM ANY SUCH DESTRUCTIVE CODE. ACCORDINGLY, ALL USERS OF THIS SITES ARE RESPONSIBLE FOR IMPLEMENTING ADEQUATE PROTECTIONS FOR THEIR OWN COMPUTER SYSTEMS, INCLUDING APPROPRIATE FIRE WALLS, ANTIVIRUS SOFTWARE, AND DATA RECOVERY PROCEDURES. ALL USERS OF THE SITES EXPRESSLY ACKNOWLEDGE THAT THEY SHALL HOLD VILLAS AT SAN BERNARDINO HARMLESS FROM ANY LOSS, COST, DAMAGE, LIABILITY OR EXPRESS WHICH ANY OF SUCH USERS MAY SUFFER OR INCUR AS A RESULT OF THE PRESENCE OF ANY SUCH DESTRUCTIVE CODE ON THE SITES.
- Notice Required by California Law. Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is Villas at San Bernardino 2985 North G Street, San Bernardino CA 92405. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
- Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied on a Site in a way that constitutes copyright infringement based upon any material accessible on or through the Sites, please provide Villas at San Bernardino’s Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Sites (providing URL(s) in the body of an email is the best way to help Villas at San Bernardino locate content quickly);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, 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 copyright owner or authorized to act on the copyright or intellectual property owner’s behalf.
Villas at San Bernardino’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Villas at San Bernardino
2985 North G Street
San Bernardino, California 92405
- ARBITRATION; WAIVER; GOVERNING LAW AND DISPUTES
Waiver of Class Action: You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against Villas at San Bernardino.
Governing Law: The laws of California, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act.
Last revised: July 1, 2019