1. DISCLAIMERS AND LIMITATION OF LIABILITY AS TO WEBSITE GENERALLY. While every attempt will be made to provide relevant, timely, factual, and truthful content, all users (collectively, “Users”, each a “User“) expressly agree that use of the Website is at User’s sole risk. Neither the Website nor its affiliates, nor any of their officers, directors, members or employees, agents, third-party content providers, merchants, sponsors, advertisers, licensors (collectively “Providers”), or the like, warrant that the Website will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Website, or as to the accuracy, reliability, or currency of any information content, service, or any merchandise provided through the Website.
2. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE WEBSITE NOR ITS AFFILIATES, NOR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
3. Under no circumstance shall the Website or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by User on any information obtained from the Website or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs or services. User hereby acknowledges that this disclaimer shall apply to all content, merchandise, and services available through SaveElysianPark.org. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
4. STANDARDS FOR ONLINE CONDUCT. User agrees to use the Website only for lawful purposes. Please do not post or transmit through the Website (i) any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, hateful, or other material the Website determines to be objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law, or (ii) that constitutes or contains any form of advertising or solicitation for products or commercial interests. You agree that the Website may remove Content or terminate your account, without notice. If SaveElysianPark.org is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content. SaveElysianPark.org may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate SaveElysianPark.org or is disclosed as described and provided in these TOU; or (iii) to protect the rights or property of the Website, its Users or Providers. While the Website reserves the right to prohibit conduct, communication, or content that we deem in our sole discretion to be harmful, or which violates any applicable law, due to the nature of the Internet, we cannot ensure prompt removal of questionable content after online posting. Accordingly, neither the Website nor its affiliates, nor any of their members, officers, directors, employees or agents, nor Providers, shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.
5. NO LIABILITY FOR THIRD-PARTY CONTENT. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Website, are those of the respective authors or distributors and not of the Website or its affiliates or any of their members, officers, directors, employees or agents. Neither the Website nor its affiliates, nor any of their members, officers, directors, employees or agents, nor any third party, including any Provider, or any other User of the Website, guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with nor affiliated with the Website. The Website neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than when the Website acts as the speaker through authorized members, employees or agents. Under no circumstances shall the Website, or its affiliates, or any of their members, officers, directors, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate independently the information, opinion, advice, or other content available through the Website.
6. NO LIABILITY FOR LINKING. You understand that the Website does not and cannot review all material made available through websites linked or linking to any part of the Website. You also understand that no such linking implies in any way that the Website endorses or is affiliated with any third-party website. You agree that the Website bears no responsibility or liability for any content accessed or harm caused by any third party website.
7. TERMINATION OF USAGE. The Website may terminate User’s access, or suspend User’s access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or the Website.
8. “NO SPAM.” You understand and agree that sending unsolicited email advertisements to the Website’s email addresses or through the Website’s computer systems is expressly prohibited by these TOU. Any unauthorized use the Website’s computer systems is a violation of these TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. INTERACTION WITH ADVERTISERS AND INDIVIDUALS. Your interactions with organizations and/or individuals found on or through the Website, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between Users and any third party, you understand and agree that the Website is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release the Website, its members, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
10. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the Website from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney’s fees) asserted by any third party due to or arising from or in connection with: (a) the content you upload, submit, post, or transmit through the Website; (b) your use of the Website; (c) your connection to the Website; (d) your violation of the TOU, or (e) your violation of the rights of another. The Website reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
11. APPLICABLE LAW. This site is created and controlled in the State of California. As such, the laws of the State of California will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. The Website reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California, and of the United States of America located in the State of California for any litigation arising out of or relating to use of or activity made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the venue of any such litigation in the courts of the State of California, and agrees not to plead or claim in any court of the State of California that such litigation brought therein has been brought in an inconvenient forum.
12. DISPUTE RESOLUTION. If a dispute arises under this Agreement, User agrees to first try to resolve it with the Website, and if that fails, to attempt the same with the help of a mutually agreed upon mediator in the location of Los Angeles, California. Any costs and other fees other than attorney fees associated with the mediation will be shared equally by each party. If it proves impossible to resolve any dispute upon a mutually satisfactory resolution, we may proceed to court under the California system of courts and justice, with attorneys’ fees and costs awarded to the prevailing party in addition to any other relief to which any party might be entitled.
13. SEVERABILITY. The provisions of these TOU are intended to be severable. If for any reason any provision of these TOU shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
14. ACKNOWLEDGMENT. YOU AGREE TO BE BOUND BY THE TOU by using the Website. The TOU, including all documents referenced herein, represent the entire understanding between you and the Website regarding your relationship with the Website and supersede any prior statements or representations. The aforementioned TOU are subject to change from time to time, at our sole discretion. Your continued use of the Website following the posting of such changes will constitute your assent to all such changes. Please periodically visit this TOU section to review any updates or changes in these terms.