Terms and Conditions

Welcome to apartmentbuildings.com (the “Site”).
  1. The Parties.  These Terms and Conditions (the “Terms”) constitute a legally binding agreement between apartmentbuildings.com LLC, a Delaware limited liability company, (the “Company”) and any person or company that accesses, uses, or interacts with the Site (interchangeably “Customer” or “you”), whether or not uploading material onto the Site, and whether or not as a subscriber or registered user of the Site.  Company and Customer are each individually a “Party” and collectively the “Parties.”
  2. License to use the Site. The Company grants the Customer a personal, revocable, non-exclusive, non-transferable, and limited license to access and use the Site pursuant to these Terms.
  3. Acknowledgement. Please read these Terms carefully because they contain important information about your use of the Site, legal rights and obligations, liabilities, and limitations.  By accessing and using the Site, you acknowledge that you have read, fully understand, and agree to these Terms.  If you, the Customer, do not agree with one or more provisions of these Terms, the Customer is advised not to use the Site.
  4. Amendment of the Terms. By using the Site, or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms, as they may be amended by Company from time to time in its sole discretion and without prior notice.  Company will post a notice on the Site any time these Terms have been changed or otherwise updated.  It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
  5. Minors. The Site should not be accessed and used by persons under the age of majority in their jurisdiction.  YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THESE TERMS.
  6. Privacy Policy. Company respects Customers’ privacy and permits you to control the treatment of your personal information.  A complete statement of Company’s current Privacy Policy can be found by clicking here.  Company’s Privacy Policy is expressly incorporated into these Terms by this reference.
  7. Subscribers. A Customer may have access to and use the Site without registering to become a subscriber or creating an account.  Company requires that each Customer who registers to become a subscriber of the Site (“Subscriber”) create an account and maintain a valid e-mail address.  Certain Subscriber services require a password, which shall be utilized for logging-on to the Site.  Subscribers are not permitted to share their individual log-in information with others.  A Subscriber who only subscribes to the “Sign Up For News” feature (https://www.apartmentbuildings.com/sign-up-for-news/) need not provide a password when subscribing for this Service alone.   Company grants the privileges associated with registration to the individual Subscriber exclusively, and which privileges are granted to the specific Subscriber only and are non-transferable.  No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the password-protected areas of the Site without express written permission from Company.  Subscriber rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the Subscriber without the express written permission of Company.  Company has the right to refuse service to any Customer, Subscriber, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by any listing policies as posted and displayed on the Site, or abuses their rights related to the Site.
  8. Subscriber E-mail. The Site utilizes e-mail as a vital and primary communication channel with Subscribers.  Subscribers hereby acknowledge and grant Company the permission to communicate with them via e-mail (as well as other communication channels, such as telephone and fax) for any purposes Company determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages.  Company will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any e-mail to its Subscribers and Customers.  By becoming a Subscriber, you acknowledge and agree that Company may record telephone and other electronic communications it has with you for the Site’s internal business purposes, including but not limited to training and quality assurance purposes.
  9. Username and Password. Each Subscriber is entirely responsible for maintaining the confidentiality of their password.  You may not use the account, username, or password of someone else at any time.   You agree to notify Company immediately of any unauthorized use of your account, username, or password.  Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.  Customer may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents and representatives, due to someone else’s use of your account or password.
  10. Customer Notification of a Breach. Customer agrees to immediately notify Company of any unauthorized use of your password, any unauthorized use of any account that you may have with Company, any violation of these Terms, or any other breach of security known to you in connection with any product or service available on the Site by sending an e-mail to: [email protected]
  11. “Intellectual Property Rights” means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation: (a) all rights associated with works of authorship including without limitation copyrights, copyright registrations, moral rights, copyright applications, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
  12. Site Material. “Site Material” is any information contained on or obtained from the Site, including vendors list, listings, member directory, historical transaction information, and any information otherwise made available to Customer from the Site. The Site Material is exclusively proprietary to Company and any access to which granted to Customer is by non-exclusive revocable license.  Customer shall not use the Site or the Site Material as part of any effort to compete with Company, including without limitation using the Site to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential customer of Company, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Site.  Customer shall not use any robot, spider, or other automated process to monitor, data mine, or copy Company’s products, services, or information; decompile, decode, or reverse engineer Company’s software; or use Company’s products or services in an unlawful manner, such as for offensive, abusive, defamatory, libelous, or other illegal purposes.  Customers violating these specific terms, specifically those searching the Site in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their subscription and access to the Site and will be assessed an excessive use fee of no less than Four Hundred U.S. Dollars ($400.00) (Company expressly reserves the right to pursue further remedies and damages against any such infringing Customer).
  13. No Reproduction or Unauthorized Use of Site Material. Customer must respect Company’s Intellectual Property Rights in and to the Site. Customer shall not use or reproduce any Site Material that is obtained from the Site, or that is otherwise made available to Customer, for or in connection with any other listing service or device.  Customer shall limit access to and use of active property listings, member directory, the Site, property facts, and information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.  Customer further shall not use the Site or Service in any other manner for or in connection with any other listing service or device.  Customer will not and will not allow others to: use, copy, reverse engineer, decompile, disassemble, merge, disclose, sell, or transfer the underlying source code or structure or sequence of Company's technology, the Software, the Site, the Service, or delete or alter author attributes or copyright notices.  Customer shall use the Site solely for their own use and shall not allow others to use the Site under or through Customer's log-in ID, e-mail, and/or password.
  14. No Warranties of Site Material. Company does not ensure the accuracy of, endorse, or recommend any Site Material and Customer uses such Site Material at the Customer's own risk. Customer may access the Site Material solely to obtain initial information from which Customer may commence further evaluation and investigation.  Customer agrees to treat all Site Material as proprietary to Company and within Company’s Inellectual Property Rights.  Customer agrees that Site Material reserved for Subscribers and not otherwise made public will be maintained as confidential and shall be protected as a trade secret of Company.  Please refer to Company’s Privacy Policy.
  15. User Content. Customer grants Company a license to use the materials, content, and information (including, but not limited to real estate sale listings) that Customer posts to the Site (“User Content”). By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other User Content to the Site, Customer is granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.  Customer will not be compensated for any User Content.  Customer agrees that Company may publish or otherwise disclose your name in connection with User Content.  By posting User Content on the Site, Customer warrants and represents that Customer owns the rights to the User Content, are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content, and that such posting of User Content on the Site does not conflict with or content infringe upon the Intellectual Property Rights of any thirty party.
  16. Submission and Administration of User Content. Customer: (a) represents and warrants that all User Content (including property listings and associated information) provided by the Customer will be accurate; (b) agrees not to post a property on the Site’s public marketplace under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the property listings provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the User Content posted on the Customer's website or on the Site.  The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer.  While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs, and other materials it provides to the Site.  Company may add digital watermarks to certain parts of your property listing, including photographs.  We add these digital watermarks to protect against the copying or further distribution of photographs without permission.
    1. Customer agrees to, and represents and warrants that, Customer has and shall, abide by and respect the Intellectual Property Rights of third parties. Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to the Site unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright (or other Intellectual Property Rights) owner of any photographs, to publish and advertise the property on the Customer's website or on Site.  Specifically, Customer shall not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Site.  The Company may, in its sole discretion but without any obligation to search for such, remove properties that are alleged to have been submitted in violation of this provision.  In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted properties or other information in violation of these Terms. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who violates these Terms.
    2. In order to submit and maintain active property listings on the Site, Customer must be a Subscriber and agrees to maintain accurate contact information (specifically, a valid phone number and e-mail address). Additionally, the Customer agrees to allow its submitted property listing(s), or any part therein, to be downloaded, displayed, accessed, searched, copied, and otherwise referred to by users of the Customer's website, the Site, and other Company partner websites. The Company shall have the sole authority to choose the manner in which any listed property will be displayed, searched, accessed, downloaded, copied, and otherwise used on the Site and Company shall have the right to modify the property listing in the exercise of its rights under these Terms.
    3. Company shall have the right, authority, and discretion to make “unavailable” any real estate property listings on the Site that are not modified or renewed within a 90-day period, and to remove the asking price and broker information.
  17. Software. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”), are deemed to be non-exclusively and revocably licensed to you by Company, for your personal use only.  Company does not transfer either the title or the Intellectual Property Rights to the Software, and Company retains full and complete title to the Software as well as all Intellectual Property Rights therein.  You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
  18. No Linkage. Customer may not link to the Site or the Service without the Company’s prior express written permission, and Company has the right to disable any such unauthorized link. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
  19. Compliance With Intellectual Property Laws.
    1. Customer’s use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
    2. When accessing the Site or using the Service, Customer agrees to obey all applicable laws and to respect the Intellectual Property Rights of the Company and others.
    3. Customer agrees not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights; Customer agrees that any User Content will not contain any such violative information or content.
    4. Customer agrees to abide by laws regarding copyright ownership and use of intellectual property, and Customer shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any User Content, or any other content that Customer provides or transmits, or that is provided or transmitted using Customer’s user ID.
    5. The burden of proving that any content does not violate any laws, any Intellectual Property Rights, or any other third-party rights rests solely with Customer.
  20. Copyright Infringement. Company has in place certain legally-mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights (including the Intellectual Property Rights) of Company or of a third party, or otherwise violated any intellectual property laws or regulations.   Company’s policy is to investigate any allegations of copyright infringement brought to its attention.  If you have evidence, know, or have a good faith belief that your rights or the rights of a third party (including Intellectual Property Rights) have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  For this notification to be effective, you must provide it to Company’s designated agent at: Emily Lettieri, Vice President, apartmentbuildings.com LLC, a Delaware limited liability company. Address: 3900 San Fernando Road, Glendale, CA 91204. Contact details: 914-391-2733 or [email protected].
  21. Copyright Complaints. It is Company's policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. Company shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other Intellectual Property Rights of Company and/or others.
  22. Inappropriate Content. Customer agrees not to upload, download, display, perform, transmit, or otherwise distribute any User Content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material, and, if applicable, to delete any such material from the Site and its servers.  Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
  23. Prohibited Uses. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (f) attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service; or (g) use (or assist, encourage or enable any third-party to use) any robot, spider, artificial intelligence (AI) system or other automated device, process or means to access, retrieve, copy, scrape, aggregate, collect, download, or otherwise index any portion of the Site.  Any violation of system or network security may subject you to civil and/or criminal liability.
  24. Alleged Violations. Company reserves the right to terminate Customer’s use of the Site and any Service. To ensure that Company provides a high-quality experience for you and for other users of the Site and the Service, Customer agrees that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service.  Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of these Terms, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
  25. Indemnity. You agree to indemnify, defend, and hold harmless Company, and its affiliates, officers, directors, employees, consultants, agents, and representatives, from any and all third party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms, or your infringement (or infringement by any other user of your account), of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  26. Not Professional Advice. Any and all material offered by Company on the Site to Customer, and any Service, are provided solely for general information, and do not constitute real estate, legal, tax, accounting, financial, or other professional advice. Before acting on any information provided by the Site or company, Customer should consult with an appropriate professional.
  27. No Warranties.
    1. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND.
    2. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.
    3. COMPANY MAKES NO PROMISES, REPRESENTATION, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE, LISTINGS, SERVICE, SALES COMPARABLE INFORMATION, PROPERTY FACTS INFORMATION, OR COMPANY'S REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS.
    4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
    5. COMPANY DOES NOT PROMISE, REPRESENT, OR WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES THAT ACCESS TO COMPANY'S SERVICES WILL BE UNINTERRUPTED OR SECURE.
    6. ANY MATERIAL DOWNLOADED FROM COMPANY'S WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, COMPANY'S REPORTS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
    7. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
  28. Limitation of Liability and Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, ERRORS, INACCURACIES, OR OMISSIONS IN THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE ACCURACY OR COMPLETENESS OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER CORRUPTION, COMPUTER VIRUSES, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF COMPANY'S SERVICES, PRIVATE LISTING FUNCTIONALITY OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THESE TERMS OR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.  Customer's exclusive remedy and Company's entire liability under these Terms shall be a refund to Customer of the fees, if any, paid to Company hereunder, and in no event will Company's liability for any reason exceed such fee.  Company (and its officers, directors, employees, and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Site, and Customer shall indemnify Company (and Company officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages, or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Site.  Some jurisdictions do not allow the exclusion of liability for certain damages.  As a result, some of the exclusions above may not apply to you.
  29. Affiliated Sites & Third Parties. These Terms apply to Company and the Site only. Company has no control over, and no liability for any third-party websites or materials.  Company is not responsible or liable in any manner for the acts and omissions of third parties, the quality of the services provided by third parties, the content uploaded by third parties on the Site, and security and privacy practices deployed by the operators of third-party websites linked to and from the Site.  Company works with a number of partners and affiliates whose Internet sites may be linked with the Site.  Because neither Company nor the Site have control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such third party sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.  From time to time in connection with Customer’s use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties.  Customer acknowledges and agrees that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third-party content.  This website may contain hyperlinks to other websites operated by parties other than Company and that are beyond Company’s control.  Parties other than Company may provide services or sell product lines on the Site that take you outside of the Site.  This includes links from advertisers, sponsors, and content partners that may use Company’s logo as part of a co-branding relationship.  For example, if you click on a banner advertisement the click may take you off the Site.  Company does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites.  Company does not assume any liability for the actions, product, and content of all of these and any other third parties.  When you click on a link that leaves the Site, the website you will land on is not controlled by Company, and different terms of use and privacy statements may apply.  Company also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
  30. Governing Law. These Terms are to be governed by and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California in all disputes arising out of or related to the use of the Site or any Service.  You further agree that: (i) the Company shall be deemed solely based in the State of California; and (ii) the Site is a passive Web site that does not give rise to personal jurisdiction over Company, its affiliates and assigns, either specific or general, in jurisdictions other than the State of California.
  31. Arbitration.
    1. Any civil action, claim, dispute, or proceeding arising out of or relating to these Terms, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Los Angeles County, California. THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS.  By using the Site you consent to these restrictions.
    2. Customer and Company shall select the arbitrator, and if Customer and Company are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited the required funds with the arbitrator for the arbitrator's fees and costs.  The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
    3. Judgment upon any award rendered by the arbitrator shall be final, binding, and conclusive upon Customer and Company and their respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either Customer or Company be entitled to punitive, special, indirect, or consequential damages and both Customer and Company hereby waive Customer and Company's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
    4. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between Customer and Company, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Los Angeles County, California.
  32. Severability; Waiver. If, for whatever reason, the arbitrator or a court of competent jurisdiction determines that any provision in these Terms to be unenforceable, invalid, illegal, or ineffective, then all other terms and conditions will remain unaffected and in full force and effect as if such unenforceable, invalid, illegal, or ineffective provision were not contained therein; all of the other terms and conditions shall be revised or conformed only to the most limited extent necessary to ensure their enforceability, validity, legality, and effectiveness. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  33. Modifications. Company may, in its sole discretion and without prior notice, modify or discontinue the Site and/or the Service at any time.
  34. Payment Terms. Customer agrees to pay for all products ordered through the Site using the payment method indicated, and provides Company express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Company’s products, services, or information ordered.  Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer.  If payment is not current, Company may immediately cease to provide any and all Services to Customer.
  35. Termination. Company reserves the right to terminate a Customer's subscription at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of Company’s services, nonpayment of fees owed by you in connection with the Site and Services, account inactivity or technical or security issues. Upon termination, Company shall have no obligation to maintain or forward any content in your account.
  36. Unsolicited Commercial E-mail (Spam). Customer agrees to send e-mail only to those who have given Customer consent or with whom Customer has an established business relationship. Company has the right to revoke the privileges of any customer or company that breaches these terms.  Company prohibits the use of our system or its tools to generate or send unsolicited commercial e-mail (spam).  Customers may not use any interactive, e-mail, or other communications Service that Company offers to send spam (i.e. unsolicited commercial e-mail) or otherwise send content that would violate these Terms and Conditions.
  37. Maps and Directions Disclaimer. The maps and directions information provided by the Site have been obtained from sources believed reliable, including Google earth or Microsoft Virtual Earth. Microsoft Virtual Earth is supplied by Microsoft Corporation, and its use is subject to Microsoft’s applicable Terms of Use.  While Company does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions.  Customer assumes all risk of use.  Neither Company nor its partners or suppliers assume any responsibility for loss, damage, or delay caused by Customer's use of and/or reliance on Customer's use of Company information, products or services.
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