Terms of Service
Your use of this website (the “Bungalow Heaven Website”) and contents contained thereon are subject to the terms and conditions of use set forth below “Terms and Conditions”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE WEBSITE, OTHER THAN TO READ THESE TERMS AND CONDITIONS FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR DOWNLOAD ANY CONTENTS FROM IT.
The Bungalow Heaven Website and the information, documents, data, products and/or programs contained thereon (collectively, the “Website Materials”) are the property of the Bungalow Heaven Neighborhood Association (“Bungalow Heaven”).
2. Use and Limitations
Subject to these Terms and Conditions, you may view, copy, print, and distribute, the Website Materials or any portion thereof solely for informational purposes. You may not (i) copy, distribute, or use the Website Materials for any commercial purpose, (ii) make derivative works of the Website Materials, or (iii) incorporate the Website Materials in any other web page. All rights, title, and interest in and to the Website Materials and all intellectual property rights therein shall remain with Bungalow Heaven and its licensors and no ownership interest is transferred by virtue of making the Website Materials available on the Website or granting the foregoing licenses.
Notwithstanding anything contained in the foregoing paragraph, certain Website Materials (such as downloadable software and documentation) may be subject to separate or additional terms or conditions of use as stated either on the Website or in such Website Materials. You agree to comply with such terms and conditions with respect to your use of those Website Materials.
3. Errors, Revisions, and Access
BUNGALOW HEAVEN DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE WEBSITE OR WEBSITE MATERIALS. WE RESERVE THE RIGHT TO REVISE OR WITHDRAW ACCESS TO THE WEBSITE OR ANY WEBSITE MATERIALS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. NOTWITHSTANDING THE FOREGOING, WE SHALL HAVE NO OBLIGATION HEREUNDER TO UPDATE THE WEBSITE OR WEBSITE MATERIALS. IN NO EVENT SHALL BUNGALOW HEAVEN OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ANY WEBSITE MATERIALS BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACT OR OMISSION BY YOU IN RELIANCE UPON THE WEBSITE OR ANY WEBSITE MATERIALS.
YOU UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE SPECIFICALLY AGREED BY BUNGALOW HEAVEN IN A SEPARATE WRITTEN AGREEMENT, THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THE WEBSITE OR IN THE WEBSITE MATERIALS (INCLUDING MATERIALS CREATED OR PUBLISHED BY THIRD PARTIES) OR OTHER DOCUMENTS THAT ARE REFERENCED BY OR LINKED TO THE WEBSITE. YOU ALSO UNDERSTAND AND AGREE THAT BUNGALOW HEAVEN CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY INFORMATION AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE OR THE WEBSITE MATERIALS WILL BE FREE OF INFECTION OR VIRUSES, WORMS , TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS YOUR RESPONSIBILITY TO MAINTAIN SAFEGUARDS TO PROTECT YOUR COMPUTER FROM SUCH ITEMS. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.
5. Limitation of Liability
IN NO EVENT WILL BUNGALOW HEAVEN BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, WEBSITE MATERIALS, OR ANY OTHER WEBSITE HYPERLINKED TO THE WEBSITE OR WEBSITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, INTERRUPTION OF USE, LOSS OR CORRUPTION OF PROGRAMS OR OTHER DATA, WHETHER OR NOT BUNGALOW HEAVEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE WEBSITE OR THE WEBSITE MATERIALS, YOU ASSUME THE RISK OF ANY DAMAGES ARISING FROM ANY FAILURE OF THE WEBSITE OR THE WEBSITE MATERIALS TO PERFORM AS EXPECTED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT AS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BUNGALOW HEAVEN FOR YOUR USE OF THE WEBSITE OR THE WEBSITE MATERIALS, UNLESS OTHERWISE SPECIFICALLY AGREED BY BUNGALOW HEAVEN IN A SEPARATE WRITTEN AGREEMENT, BUNGALOW HEAVEN’S TOTAL CUMULATIVE LIABILITY FOR DIRECT DAMAGES IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100) AND THAT IN THE ABSENCE OF THE LIMITATION OF LIABILITY PROVISIONS, THE COST TO YOU TO OBTAIN THE WEBSITE OR THE WEBSITE MATERIALS WOULD BE SUBSTANTIALLY HIGHER.
Bungalow Heaven may revise these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by any such revisions; therefore, you should periodically visit this page of the Bungalow Heaven Website to examine the then-current Terms and Conditions by which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms and Conditions shall be governed by and interpreted, for all purposes, in accordance with the laws of the State of California without giving effect to any conflicts of law principles that would require the application of the law of a different state. Any suit or proceeding arising out of or relating to these Terms and Conditions shall be commenced exclusively in a state court in Los Angeles County, California , or the federal court in the Southern District of California, and you irrevocably submit to the exclusive jurisdiction and venue of such courts. Nothing herein limits the right of Bungalow Heaven to proceed directly to any court of competent jurisdiction to obtain injunctive or other equitable relief, or to enforce it’s intellectual property rights. Except as specifically provided in writing with you or on the Website, these Terms and Conditions constitute the entire agreement between Bungalow Heaven and you regarding use of the Website and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral regarding your use of the Website.