Last Revised: September 30, 2017
The Websites comprise all websites operated now and in the future by or for Fenton and include, without limitation: hgfenton.com, hgfentonhomes.com, scrippslanding.com, tierrasantaridge.com, solanahighlands.com, seagatecondorentals.com, eldoradohillsapts.com, belladelmarapts.com, riverfrontrentals.com, clubriverrun.com, portofinoapthomes.com, creekview.info, eveningcreek.info, aquateraliving.com, urbanalivingsd.com, solterraecoluxuryapts.com, breweryigniter.com, revitalizingsh.com, livevici.com, silvertonbc.com, and all other Fenton websites linked to these Terms now or in the future.
If you have a question whether a website or service is a Website or Service of Fenton, or if an entity is an affiliate of H.G. Fenton Company, please check the information posted on the site or contact Fenton at email@example.com or (619) 400-0120.
Please carefully read these Terms before using any of the Websites or Services. By accessing or using each Website and Service, and, where prompted, clicking "I agree" or "Click to Consent," you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Website or any of the Services) or Content (as defined below in Section 4). You should note that these Terms contain additional disclaimers and limitations on Fenton's liability, which can be found in Sections 16 and 17 below, and indemnification by you, which can be found in Section 15. Please read these sections carefully and make sure that you understand and agree to them before continuing with your use of the Websites and Services.
2. REVISION OF TERMS
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the "Last Revised" legend at the top of this page. Each time you access, use or browse the Websites, you signify your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting and apply only to use of the Websites and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you. Links to prior version(s) of the Terms are set forth at the end of these Terms for your reference.
3. AGE RESTRICTIONS
The Websites are directed to persons 18 years of age or older. Fenton and the Websites do not knowingly collect information from or provide Services to children under age 18. If you are under age 13, you are not permitted to use the Websites or any Services therein, or to submit any personally identifiable information to the Websites. If you provide information to Fenton through the Websites, or use any of the Services, you represent and warrant to Fenton that you are 18 years of age or older. If you are 13 - 17 years of age, you may visit and browse the Websites, but you may not submit any personally identifiable information to the Websites or use the Services, and you represent and warrant to Fenton that you have the permission of your parent or guardian to use the Websites and any Services, and your parent or guardian agrees to these Terms on your behalf. If you are a parent or guardian and believe Fenton may have inadvertently collected personally identifiable information from your child under age 18, please notify Fenton immediately by sending an email to firstname.lastname@example.org including the specific Website or line of business to which your request pertains.
4. PERMITTED USE OF WEBSITES
The content available through the Websites , including, without limitation, text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the "Content") is the sole and exclusive property of Fenton and/or its licensors, vendors or advertisers. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites or the Content other than as expressly authorized by Fenton in writing. Use of the Websites or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access or use the Websites by any means other than through a standard web browser.
You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit, or create derivative works from any part of the Websites or the Content unless expressly authorized by Fenton in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Websites or in the Content.
Though we strive for accuracy, occasionally, the information on the Websites may contain typographical errors, inaccuracies, or omissions, including, without limitation, in relation to property descriptions, pricing, availability and other matters. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We hope this will not cause you undue inconvenience.
6. RESTRICTED ACCESS; REGISTRATION AND ACCOUNTS
Some Websites may restrict access to certain Services offered on the Websites and require user registrations or the creation of user accounts to use such Services. You also may be able to create and login to an account using a name and password of a third-party account, such as Facebook, Twitter, YouTube, Vimeo or Google. Fenton reserves the right to decline to activate an account for any person for any reason. In the event that you are required to select a username or password or use other login credentials to access any Services, you agree not to permit anyone else to use your username and password or other login credentials to access and use such Services. You agree that you are responsible for maintaining the confidentiality of your username and password or other login credentials and are fully responsible for all uses of your username and password or other login credentials and account, whether by you or others. You authorize Fenton to act on instructions received through use of your username and password or other login credentials, and agree that Fenton is not liable for any loss or damage arising from your failure to comply with this Section. You agree to immediately notify Fenton at general email@example.com of any unauthorized use of your username and password or other login credentials or any other breach of security. Fenton may suspend or terminate your access to and use of any of the Services or Websites if it believes that such theft, use, access or breach, or any other breach of these Terms, has occurred.
A separate agreement that addresses access and use may apply to your account and the Services accessed through that account. You agree to: (i) provide true, accurate, current and complete information about yourself; (ii) maintain and promptly update your account information to keep it true, accurate, current and complete; and (iii) comply with any such separate terms or agreement that applies to your account and the Services accessed through your account.
7. PROHIBITED ACTIONS
You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Fenton reserves the right to determine what types of conduct it considers to be inappropriate use of the Websites or Services. In the case of inappropriate use, Fenton or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using the Websites and the Services, you will not:
8. USER GENERATED CONTENT
Fenton may have Facebook, Twitter, Instagram, YouTube, Vimeo or other social media pages and accounts and the Websites may have classifieds, calendars, and/or other message or communication facilities that are designed to enable you and others to communicate with Fenton and other users of the Websites (collectively, "Communication Services"). Any content, materials or views submitted, posted, shared, emailed, transmitted or otherwise made available by users through the Communication Services, including, without limitation, classifieds, testimonials and reviews ("Submissions"), are strictly those of the originating author, who is solely responsible for the submitted content. You acknowledge that your Submissions to the Communications Services may be or become available to others and that your use of or reliance on Submissions of others is entirely at your own risk. You agree only to post, send, and transmit Submissions that are proper, accurate, appropriate and related to the applicable Communication Service. Fenton does not endorse any Submissions nor vouch for their reliability. Under no circumstances will Fenton be liable in any way for any Submissions.
You acknowledge that Fenton may or may not pre-screen Submissions, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit, modify, delete and/or move any Submissions that are available via the Communications Services. Without limiting the foregoing, Fenton and its designees have the right to remove any Submissions that violate these Terms or are otherwise objectionable in Fenton's sole discretion. Fenton shall have no liability for such removal.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person's or entity's rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Fenton's or its designees' use, modification or distribution of the Submission or any part thereof. You must own all right, title, and interest, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission and consents and rights to post, distribute, or transmit your Submission. By making a Submission, you grant Fenton and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and city/town/village of residency, in Fenton's discretion, on the Websites or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. With respect to your Submissions, you hereby waive (i) any right to inspect Fenton's use of such Submissions; (ii) any right to receive compensation; and (iii) any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims.
9. THIRD PARTY WEBSITES
10. LINKS TO THE WEBSITES
You may link another website to a Website subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Fenton or the Website; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with Fenton or the Website; (iii) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking website; and (iv) Fenton reserves the right to revoke its consent to the link at any time and in its sole discretion. You agree to take down the link if Fenton revokes its consent.
11. PROPRIETARY RIGHTS
You acknowledge and agree that, as between Fenton and you, all right, title, and interest in and to the Websites, Services and the Content, including, without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Fenton or its licensors or vendors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. Without limiting the generality of the foregoing:
12. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Fenton may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Fenton's Copyright Agent (identified below) a Notice containing the following information:
Fenton's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Copyright Agent, H.G. Fenton
H.G. Fenton Company
Attn: General Counsel
7577 Mission Valley Road San Diego, California 92108
Telephone: (619) 400-0120
Email: general firstname.lastname@example.org
13. MODIFICATIONS TO THE WEBSITES AND SERVICES
Fenton reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Websites, Services or Content, or any portion thereof, with or without notice. You agree that Fenton will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Website, Service or Content, or any portion thereof.
14. SUSPENSION AND TERMINATION RIGHTS
Fenton reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Websites, Services or any part thereof for any reason, including, without limitation, any breach by you of these Terms. You agree that Fenton shall not be liable to you or any third party for any such suspension or termination.
15. YOUR INDEMNITY OF FENTON
THE WEBSITES, SERVICES, COMMUNICATION SERVICES AND CONTENT AND OTHER ACTIVITIES OFFERED, CONTAINED IN, ACCESSED THROUGH OR ADVERTISED ON THE WEBSITES , INCLUDING, WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS TO THIRD PARTY WEBSITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FENTON PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH WEBSITES, SERVICES, COMMUNICATION SERVICES AND CONTENT AND OTHER ACTIVITIES OFFERED, CONTAINED IN, ACCESSED THROUGH OR ADVERTISED ON THE WEBSITES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITES, SERVICES, COMMUNICATION SERVICES, THIRD PARTY WEBSTIES AND CONTENT IS ENTIRELY AT YOUR OWN RISK.
17. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FENTON PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES, SERVICES, COMMUNICATION SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE USE, INABILITY TO USE, AVAILABILITY, OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITES, SERVICES, COMMUNICATION SERVICES AND THIRD PARTY WEBSITES. IN NO EVENT SHALL ANY OF THE FENTON PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ANY OF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF THE FENTON PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITES, SERVICES, COMMUNICATIONS SERVICES, CONTENT, THIRD PARTY WEBSITES, OR ANY OTHER INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITES SHALL NOT EXCEED FIFTY DOLLARS (U.S. $50.00).
The Limitation of Liability set forth in Section 17 shall be enforced to the maximum extent permitted by applicable law. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations in Sections 16 and 17 may not apply to you.
19. NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of these Websites is H.G. Fenton Company, 7577 Mission Valley Road, San Diego, California 92108 and 619-400-0120. Complaints regarding any Website, Service or Content or requests to receive further information regarding use of the Websites, Services or Content may be submitted at the above address or sent to the following email address: 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.
20. GOVERNING LAW AND DISPUTES
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree that the exclusive venue for any disputes arising between you and Fenton out of, under, or in connection with these Terms, the Websites, the Services or the Content shall be the state and federal courts in San Diego County, California, U.S.A., which venue is the most convenient and appropriate for the resolution of disputes concerning these Terms.
21. OPERATION SOLELY WITHIN THE UNITED STATES
The Websites are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Websites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Fenton does not represent that the Websites, Services or Content are appropriate outside the United States of America. Fenton reserves the right to limit the availability of the Websites, Services and/or Content to any person, geographic area or jurisdiction at any time in its sole discretion.
22. FORCE MAJEURE
Fenton shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
Please direct any questions you may have about these Terms, technical questions or problems with the Websites or Services, or comments or suggestions to Fenton at firstname.lastname@example.org or (619) 400-0120.
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