Terms of Use

This Terms of Use Policy was last updated on November 10, 2014.

TERMS OF USE

This Terms of Use Policy (hereafter referred to as “User Agreement”) governs all websites, mobile sites, applications, widget and other interactive features owned and operated by Pacific West Development, LP, who together with its affiliates, collectively referred to herein as “Pacific West Development,” “we,” or “us.” For purposes of this User Agreement, all websites, mobile sites, applications, widget and other interactive features owned and operated by Pacific West Development shall be referenced as (“Sites”). These Sites and related services are provided subject to your compliance with the terms and conditions set forth below. By visiting our Sites and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this User Agreement, along with the terms and conditions as stated in our Online Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of our Sites after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

DESCRIPTION OF SERVICES

We are in the business of providing clients with a diverse, family owned and operated real estate company specializing in quality and sophisticated construction and development services in California. Our Sites provide an opportunity to learn about our services, coordinate our services, and request services for current customers, among other things.

EQUAL HOUSING OPPORTUNITY

It is policy of Pacific West Development to comply with the Federal Fair Housing Act, and amendments, which prohibit discrimination in the sale or rental of housing or vacant residential land based on race, color, religion, sex, handicap, familial status or national origin, or other factors as provided by law.

RESPONSIBLE USE AND CONDUCT

By visiting our Sites and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. You specifically agree not (i) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Resources or our Sites; (ii) to collect or track the personal information of others; (iii) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (iv) to interfere with or circumvent the security features of our Resources or our Sites.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our Sites, such as blog comments, blog posts, Twitter, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Sites, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any prohibited content as addressed below:

You are prohibited from using the Resources or our Sites, (i) for any illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, or racist conduct, including any type of suggestive, inappropriate, obscene, immoral or explicit language; (ii) to infringe on any trademark, patent, trade secret, copyright, or other proprietary right of any party; (iii) to solicit any type of unauthorized or unsolicited advertising; (iv) to impersonate any person or entity, including any Pacific Development West employees or representatives; and (v) for any unlawful purpose.

We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other third party users of our Sites. However, any content posted by you using any open communication tools on our Sites, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of Pacific West Development, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of any registration process necessary in order to use our Resources. All information provided as part of any registration process is covered by our Online Privacy Policy.

i. You agree to not violate any state or federal laws, regulations, or rules, or this User Agreement, by your use of our Sites. You agree to indemnify, defend and hold harmless Pacific West Development, and its predecessors, successors, and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all claims, losses, expenses, damages and costs (whether in contract, warranty, law, equity, or any other theory), including reasonable attorneys’ fees, resulting from any violation of any state or federal laws, regulations, or rules, or this User Agreement or the failure to fulfill any obligations relating to your use of our Resources and our Sites, including usage by third parties under your control. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement at your cost. In such event, you shall provide us with such cooperation as is reasonably requested by us.

PRIVACY

Your privacy is very important to us, which is why we’ve created a separate Online Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, go to Privacy Policy.

CHILDREN

Protecting the very young from inappropriate material is especially important. Our Sites contain general information not directed towards children. We do not knowingly collect information from children under the age of 13. In this regard, our Sites are intended for a general audience and are not designed nor intended to collect personal information from children under the age of 13. Our Sites, Resources, products and services are all directed to people who are at least 13 years old or older. We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). To learn more about how to protect your child online, visit the FTC’s website and read the helpful information provided by the FTC.

LIMITATION OF WARRANTIES

By using our Sites and Resources, you understand and agree that all Resources we provide are “as is” and “as available.” This means that we do not represent or warrant to you that:

i) the use of our Resources or Sites will meet your needs or requirements.
ii) the use of our Resources or Sites will be uninterrupted, timely, secure or free from errors. You acknowledge that some of the information on our Sites and Resources may be inaccurate or incomplete, or may contain typographical errors. Pacific West Development has no obligation to update this. The material on our Sites and our Resources is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Sites or Resources is at your own risk. Our Sites may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
iii) the information obtained by using our Resources or Sites will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources or Sites we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources, including access to third party tools, is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from us or through any Resources or Sites we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

LIMITATION OF LIABILITY

Your use of our Sites and Resources is at your own risk. In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of our products and/or services. Your sole and exclusive remedy for issues relating to the content on our Sites or Resources or their use shall be to discontinue accessing our Sites and using the information or material obtained. We will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, Sites, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

COPYRIGHTS/TRADEMARKS

All content and materials available on our Sites, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Pacific West Development. All content is owned by us or used under licenses from others, and is protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, re-creation, distribution, display or transmission of any content on these Sites is strictly prohibited, unless specifically authorized by Pacific West Development.

Pacific West Development’s collection and use of information through our Sites and any mobile sites, applications, widgets and other interactive features employed by Pacific West Development are in accordance with our Online Privacy Policy.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe in good faith that materials on our Website infringe their rights. If you believe that materials on our Sites infringe your copyright, you or your agent may send us a notice requesting that we remove or block the material.

LINKS TO OTHER WEBSITES

Occasionally, at our discretion, we may include or offer third party products or services on our Sites, by containing links to other third party websites. These third party websites have separate and independent terms of use policies. The inclusion of a link on our Sites does not imply endorsement of the linked site by us or any of our affiliates. We therefore have no responsibility or liability for the content and activities of these linked websites, and it is your responsibility to review the terms of use at those websites to confirm that you understand and agree with their policies. Nonetheless, we seek to protect the integrity of our Sites and welcome any feedback about these other websites.

CHANGES AND TERMINATION OF USE

Pacific West Development reserves the right to change this User Agreement from time to time. Pacific West Development will notify you of changes to this User Agreement by updating them on our Sites. Your use of our Sites and Resources indicates your acceptance of the latest version of this User Agreement.

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Sites and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources or Sites we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. You will remain liable for any indemnity, damages or amounts otherwise owed to us under this User Agreement. Such provisions remain in effect notwithstanding termination of your access to all or part of our Sites and Resources.

GOVERNING LAW

Our Sites are controlled by Pacific West Development from our offices located in the City of Temecula, State of California, United States. Our sites may be accessible in countries outside of the United States. As each country has laws that may differ from those of California, by accessing our Sites, you agree that the statutes and laws of the State of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of these Sites and the purchase of any products or services, if any, through these Sites.

Furthermore, each party to this User Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Diego in the State of California for any action involving this User Agreement or arising from the Sites or Resources. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any claim you have with respect to our Sites or Resources must be brought within two years after the claim arises.

VOID WHERE PROHIBITED

The information on our Sites is not an offer of products or services where Pacific West Development is not doing business or where prohibited by law.

In the event that any provision of this User Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this User Agreement, such determination shall not affect the validity and enforceability of any other provisions.

GUARANTEE

UNLESS OTHERWISE EXPRESSED, PACIFIC WEST DEVELOPMENT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CONTACT INFORMATION

If you have any questions about this User Agreement or would like to contact us, you may contact us at: Pacific West Development, LP, Attn: Company President, 32823 Temecula PKWY, Suite A, Temecula, CA 92592.

EFFECTIVE DATE

This User Agreement is effective as of the date of the last update as set forth at the top of this policy.