Please take the time to read and understand these Terms & Conditions (“Terms and Conditions”) regarding Montclair Place, the owner thereof and/or its affiliates and subsidiaries. The following Terms and Conditions constitute a legal document that describes your rights and responsibilities as a user.
By using our website, you agree to be bound by these Terms and Conditions. From time to time, there may be changes to these Terms and Conditions that will be included on this page, and your use of the website after modifications have been made constitutes acceptance of the Terms and Conditions as modified.
This website contains information including, without limitation, reports, data, applications, special offers, press releases, photographs, graphics, text, images, logos, icons, designs, software, audio and video material, trademarks, copyrights, other intellectual property and proprietary rights and other material (collectively ” Content”) belonging to Montclair Place, its affiliates or to third parties who may from time to time associate themselves with Montclair Place for events or for any other activities.
You acknowledge that the Content belongs exclusively to its respective owner. It is therefore forbidden to copy, modify, amend, delete, augment, publish, transmit, create derivative works of, create or sell products derived from, display or post, or in any other way exploit or use such Content without the express written authorization of each respective owner.
Montclair Place’s website features hyperlinks to other websites; we are not responsible for the content of these websites. A hyperlink from our website to another does not mean or imply that we approve of or recommend the content of a website which does not belong exclusively to Montclair Place.
Your Obligations as a User: To use this site you must have reached the legal majority as prescribed by local laws where you are visiting the website.
You may use information about Montclair Place purposefully and expressly made available by Montclair Place for downloading or copying from this site, provided that you:
• Do not modify this information or remove any copyright, trademark and other intellectual or proprietary rights notices;
• Use such information solely for your personal, non-commercial purposes and do not post this information on the Internet, any website, any networked computer or broadcast it in any media; and
• Do not make any representations or warranties relating to such information.
By visiting this website, you agree not to post, publish, transmit or communicate messages that might involve a criminal offense or that could cause any kind of damage to Montclair Place.
Any illegal or unauthorized use of our website shall constitute a violation of our Terms and Conditions, and violators shall be subject to all remedies at law and in equity. You do not have permission to access our website in any way that violates these Terms and Conditions, the laws or regulations of California or the jurisdiction from which you are visiting the website. Illegal or unauthorized use of our website includes, but is not limited to, (i) using the website in a way that would facilitate copying, modifying, deleting, augmenting, publishing, transmitting, creating derivative works of, creating or selling merchandise derived from our Content or in any other way exploit our Content, in whole or in part; or (ii) using any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to illegally gain access, acquire, copy or monitor any portion of this website or any network connected to the website or reproduce or circumvent the navigational structure or presentation of the website or any Content.
Sweepstakes, Contests, and Promotions:
Any sweepstakes, contests or other promotions, including rewards programs and text messaging programs (collectively, “Promotions”) that may be offered via the website or otherwise will be governed by a separate set of rules or terms and conditions that, in addition to describing such Promotion, may have eligibility requirements, restrictions, terms and conditions governing the Promotion, use of submissions you make, and disclosures about how your personal information may be used. It is your responsibility to read such rules or terms and conditions to determine whether or not you are eligible and want to participate, register and/or enter, according to each Promotion’s rules or terms and conditions. By participating in any Promotion, you will become subject to those official rules or terms and conditions, and you agree to comply with and abide by such rules or terms and conditions, and the decisions of the sponsor(s) identified therein, if applicable, which shall be final and binding in all respects.
Warranties and Consents; Exclusion of Warranty:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A) YOUR USE OF THE WEBSITE IS AT YOUR ENTIRE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MONTCLAIR PLACE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.
B) WITHOUT LIMITING THE FOREGOING, MONTCLAIR PLACE DOES NOT ENDORSE, WARRANT OR REPRESENT THAT (I) THE INFORMATION ON THIS WEBSITE IS ACCURRATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT; (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (III) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (V) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE OR THAT SUCH SERVICES OR INFORMATION WILL MEET YOUR EXPECTATIONS; (VI) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (VII) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT MONTCLAIR PLACE OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, OR THIRD PARTIES WITH WHOM MONTCLAIR PLACE ASSOCIATES ITSELF FROM TIME TO TIME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
D) WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONTCLAIR PLACE OR THROUGH OR FROM THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. UNDER NO CIRCUMSTANCES SHALL MONTCLAIR PLACE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM MONTCLAIR PLACE ASSOCIATES ITSELF FROM TIME TO TIME, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
Limitation of Liability:
MONTCLAIR PLACE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SITE. IN NO EVENT, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE SITE OR CONTENT FOUND THEREIN.
Indemnity and Release:
You agree to indemnify, defend and hold Montclair Place, the owner thereof, and its subsidiaries, affiliates, officers, employees, agents, and business partners harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities arising from or relating to: your violation of these Terms and Conditions; your use of the website and the Content, products and services available on or via the website; any information, feedback, suggestions, ideas, Content and materials submitted, uploaded or otherwise transmitted by you via or in connection with the website; your access to or use of any web sites linked to this website; and any dealings between you and any third parties relating to this website.
Montclair Place, and the owner thereof maintains the right to employ outside counsel and assume control of the defense and settlement of any matter subject to your indemnification obligation. All of your indemnification obligations, releases, and warranties under these Terms and conditions shall stand even if Montclair Place, and the owner thereof, is made aware of the possibility of damage before such damage occurs.
You are responsible for your postings on this website, the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to this website or if somebody else uses your name or your password to cause damage to this website or harm to Montclair Place, you will be held responsible. Do not reveal your password to anyone. You understand and agree that Montclair Place may, at its sole discretion and without prior notice, terminate your access to the Montclair Place website or exercise any other remedy it sees fit, if Montclair Place deems, at its sole and exclusive discretion, your conduct or the conduct of any person whom Montclair Place believes you act in concert with, violates or is in breach with these Terms and Conditions or the law, or violates the rights of Montclair Place , its affiliates or any third parties.
Choice of Law and Forum:
Montclair Place’s website is operated from Los Angeles, California. Any legal conflict between a user and Montclair Place is therefore subject to the laws of California and the United States, without regard to their conflict of law provisions. Furthermore, you hereby agree to submit to the exclusive jurisdiction and venue of the courts of the Los Angeles County in respect of any action or proceeding arising out of or related to this website.
Severability and Integration:
These Terms and Conditions constitute the entire agreement between you and Montclair Place with respect to your use of the website. In the event any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.
Our failure to act with respect to any breach these Terms and Conditions does not waive our right to act with respect to any other breach of these Terms and Conditions.
You may not assign or delegate your rights or obligations under these Terms and Conditions. Any purported assignment or delegation by you shall be ineffective. We may freely assign or delegate any or all of our rights or obligations under these Terms and Conditions, without notice to you.