Effective Date: 9/1/2021
UPDATES TO THIS AGREEMENT
We reserve the right to update this Agreement at any time by posting updates on this page. Please check the “Effective Date” legend at the top of this page to see when this Agreement was last revised. Changes will become effective immediately after they are posted. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to this Agreement as modified, then you must discontinue your use of the website and any downloaded material. Your continued use of the website or any downloaded material signifies your continued agreement to this Agreement as it may be revised from time to time.
While using the website, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the website for any fraudulent or unlawful purpose, and you may not take any action to interfere with the website or any other user’s use of the website. In addition, we expect users of the website to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:
- Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
- Reproduce, duplicate, or copy any portion of the website, except as authorized by this Agreement;
- Sell, resell, or otherwise exploit for any commercial purposes any portion of, the use of or access to the website without our prior written consent;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the website, or express or imply that we endorse any statement you make;
- Remove any copyright, trademark, or other proprietary rights notice from the website or materials originating from the website;
- Violate or attempt to violate the security of the website;
- Disseminate on the website any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the website or to collect any information from the website or any other user of the website;
- Access or use this website or any material on it to compete with us; or
- Assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the website.
All content (“Content”) available through the website, including but not limited to floor plans, images and elevations, are copyrighted and/or otherwise protected intellectual property and may not be distributed, modified, or reproduced in whole or in part without our prior written permission. Except as set forth herein or otherwise agreed in writing by us or other rights owner(s), the use of any Content available on the website is strictly prohibited.
You may use Content purposely made available by us for public use, provided that you (a) keep intact all copyright and other proprietary notices, (b) use such Content pursuant to any associated licenses, (c) do not copy or post such Content on any networked computer or broadcast it in any media, (d) make no modifications to the Content, and (e) do not make any additional representations or warranties relating to the Content on behalf of Presidio Bay. This website is provided as a service to Internet users and its use is a privilege to the viewer. All information is provided without warranty of any kind, either expressed or implied or for non-infringement. The use of this website is also subject to all applicable laws involving copyrighted materials and intellectual property.
Any rights not expressly granted herein are reserved.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that any Content on the website infringes upon any copyright which you own or control, please contact us via email at the contact information below.
You are responsible for any Content you transmit through our website. You agree, represent, and warrant that any Content you transmit through our website or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post, or otherwise make available on or through the website any Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.
We do not want you to, and you should not, send any confidential or proprietary Content to us unless specifically requested by us. Please note that any unsolicited Content sent to Presidio Bay will be deemed not to be confidential or proprietary.
You also agree that Presidio Bay is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.
CHANGES TO THE WEBSITE
We may make improvements and/or changes to the website, add new features, or terminate the website at any time without notice. We also: (a) reserve the right (but have no obligation) to change the Content or other offerings on the website, at any time and from time to time without any notice or liability to you or any other person; and (b) do not warrant that information on the website is accurate, complete, reliable, current, or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Any information, statements, opinions, or other Content provided by third parties and made available on our website are those of the respective author(s) and not Presidio Bay. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any information, statement, opinion, or other Content on our website other than from an authorized Presidio Bay representative acting in his or her official capacity. Under no circumstance will Presidio Bay be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.
LINKS TO THIRD-PARTY WEBSITES
Presidio Bay may provide on the website links to website operated by third parties. If you use these links, you will leave our website. If you decide to visit any linked website, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Presidio Bay does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that Presidio Bay is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo, or copyright symbol of Presidio Bay.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITE AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITE AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITE AND RESOURCES.
SOCIAL MEDIA PAGES
OTHER POLICIES AND TERMS
The website and this Agreement are in effect until terminated by Presidio Bay. In addition to any right or remedy that may be available to Presidio Bay under applicable law, Presidio Bay may suspend, limit, or terminate all or a portion of your access to the website or any of its features at any time with or without notice and with or without cause, including without limitation, if Presidio Bay believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.
You agree that if your use of the website is terminated pursuant to this Agreement, you will not attempt to use the website under any name, real or assumed or indirectly. You further agree that if you violate this restriction after your use of the website is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.
NOT INTENDED FOR CHILDREN
If you are under the age of 18, please do not use or access the website. It is not our intention to collect or use personal information from anyone under 18 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 18, and are asked to delete such information from our databases, we will promptly do so.
DISCLAIMER OF WARRANTY
PRESIDIO BAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITE OR ANY OTHER WEBSITE LINKED TO OR FROM THE WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, PRESIDIO BAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
LIMITATION OF LIABILITY
PRESIDIO BAY AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE RELEASEES) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITE, THE WEBSITE’ CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Presidio Bay and its directors, officers, employees, agents, and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Agreement; (b) your activities in connection with the website; or (c) unsolicited information you provide to Presidio Bay through the website.
CONSENT TO COMMUNICATION
If you provide us with a telephone number, address, or email address, you expressly agree that we, or our authorized agents, can use that telephone number, address, or email address to contact you.
When you use the website or send emails to Presidio Bay, you are communicating with Presidio Bay electronically. You consent to receive electronically any communications related to your use of the website. We may communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Presidio Bay intended for receipt by a user shall be deemed delivered and effective when sent to the email address you provide.
EFFECT OF INVALIDITY
In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The website is controlled, operated, and administered by Presidio Bay (or its licensees or affiliates) from its offices within the United States of America and are not intended to subject Presidio Bay to the laws or jurisdiction of any country or territory other than that of the United States. PRESIDIO BAY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the website from outside the United States do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules, and other laws of applicable jurisdictions.
If you have questions about this Agreement, or if you have technical questions about the operation of the website, please contact us via email or phone at email@example.com or 415-294-0492.