Terms & Conditions
The proprietor (hereafter, the “Proprietor”, “We”, “Us” or “Our”) of this website (the “Site”) provides it for your use subject to the below “Terms of Use.” Your use of the Site evidences your acceptance of these Terms of Use which also includes our Privacy Policy as set forth herein. Unless you accept and agree to all of these Terms of Use and Privacy Policy, you may not use the Site or any of the services offered on the Site.
We reserve the right to modify these Terms of Use and/or Privacy Policy by posting new versions. Each time you use the Site you will be bound by any changes we may make.
You can view the most current version of the Terms of Use at any time by visiting this web page. Our affiliates, employees, agents and subsidiaries are also covered under the Terms of Use and Privacy Policy and are referred to collectively hereafter as “Proprietor”, “We”, “Us” and “Our”.
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.
User Conduct
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.
Indemnification
You agree to indemnify, defend and hold harmless the Proprietor and its respective partners, members, managers, officers, directors, employees and hosting service providers from any loss, fine, damage, cost, liability, claim and expense (including, without limitation, attorney’s fees) related to or arising from your use of the Site or your violation of the Terms of Use including the Privacy Policy.
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.
Third-Party Links
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.
Disclaimer
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.
We will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, to the extent that such use or disclosure is permitted under the privacy policy or applicable law.
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.
Privacy Policy
We recognize the importance of protecting our consumers' privacy during their use of the Our website (the "Site"). We are firmly committed to protecting the information you may provide through the Site. We periodically will update the Site's Privacy Policy to communicate our privacy practices and our procedures for safeguarding the information you may provide to us.
By using the Site, you acknowledge and agree to the terms of this Privacy Policy. As the Site may change at our sole discretion, we recommend that you refer to this Privacy Policy periodically for any updates. Your continued use of the Site following the posting of any changes to this Privacy Policy means that you accept those changes.
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.
In the event of any violation of the Site's Terms of Use, we would use and disclose any information to investigate and respond to such violations. You authorize us to disclose any information about you as required by law, including disclosure to law enforcement agencies and government officials, as we, in our sole discretion, believe appropriate or necessary.
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.
Security
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.
Age Restriction
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.
Contacting Us
If you have any questions about this Privacy Policy, the Terms of Use of the Site or require other information, please visit our contact form page or email us at the email address we provide on this web site.
Miscellaneous
Our failure to exercise or enforce any rights or provision o he Terms of Use does not constitute a waiver of such right or provision.
Any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause or action arose or be forever barred.
These Terms of Use, including all terms, conditions, policies incorporated into these terms by reference, constitute the entire agreement between your and use and supersedes any prior agreements we may have relating to the use of the Site.
The validity, interpretation, and enforcement of these Terms of Use, and maters arising out of or related to these Terms of Use, its making, performance or breach, and related matters shall be governed by the internal laws of the State of California (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation, and enforcement of these Terms of Use, its making, performance or breach, or related matters shall be brought exclusively in the Courts of the State of California in the County of Los Angeles or of the United States of America for the Central District of California, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provisions, and the remainder of these Terms of Use shall continue in effect. The invalidity of one provision shall not invalidate any other provision of this Terms of Use or Agreement.
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.