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H.G Fenton Company Prior Terms of Use

Effective: May 1, 2010

SUMMARY

Welcome to the H.G. Fenton Company web site. H.G. Fenton Company ("Fenton," "we" or "us") operates the hgfenton.com, hgfentonhomes.com, scrippslanding.com, tierrasantaridge.com, solanahighlands.com, seagatecondorentals.com, eldoradohillsapts.com, belladelmarapts.com, riverfrontrentals.com, clubriverrun.com, portofinoapthomes.com, creekview.info, eveningcreek.info, aquateraliving.com websites (collectively, the "Site"), which are hosted in the United States. We provide this Site subject to these Terms of Use (these "Terms"). These Terms explain a contractual agreement between you ("user," "you" and "your") and Fenton regarding your use of this Site. You should print a copy of these Terms for your records. Please note, however, that we may update and amend these Terms from time to time as we deem necessary in our sole discretion. In the event that any inconsistencies exist between the Terms and any future published terms of use or understanding, the last published Terms shall prevail.

1. WHAT YOU SHOULD KNOW & HOW CHANGES CAN BE MADE. The primary goal of this Site is to provide you with access to information about our businesses, properties, services, and related links to meet your needs with respect to these businesses, properties, and services (the "Content"). These Terms are meant to protect all of the visitors to and users of this Site, and your access to and use of this Site signifies your agreement with these Terms. DO NOT USE THIS SITE IF YOU DO NOT AGREE WITH THESE TERMS. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms, or to change or delete any features of this Site, at any time. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting. You agree to be bound by such modified, altered and updated Terms if you access or use this Site after we have posted notice of such modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS SITE AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED. You should note that these Terms contain additional disclaimers and limitations on our liability, which can be found in Sections 9 and 10 below. Please read these carefully and make sure that you understand them before continuing with your use of this Site.

2. PRIVACY. Registration data and certain other information about you that you may submit or provide to us through this Site is subject to our Privacy Policy. For more information about our use and protection of your information, please review our Privacy Policy at www.hgfenton.com.

3. USE OF THIS SITE & INTELLECTUAL PROPERTY RIGHTS. We control and (either we or through our third party hosts) operate this Site. All Content on this Site, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by Fenton, our affiliated or related entities, or parties that have contracted with Fenton. You agree to abide by all additional copyright notices, information, or restrictions contained in or with any Content. You may download or make copies of Content contained on this Site solely for uses in accordance with the Agreement, provided that you maintain all copyright and other notices contained in or with such Content. Except as otherwise specified above, you may not copy, reproduce, duplicate, republish, upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Fenton. You may request consent by sending a written request to H.G. Fenton Company, 7577 Mission Valley Road, Suite 200, San Diego, CA 92108.

Your modification of the Content, use of the Content on any other linked Site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of Fenton violates intellectual property rights and proprietary rights and is strictly prohibited. You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Site, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of Fenton or otherwise incorporate into another Site any of the Content or other materials on this Site, without our express prior written consent. You may not deep link to any page of portions of this Site without our prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home page of this Site provided that you do not make or attribute to us, our affiliated or related entities any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any logos, graphics or trademarks of Fenton or our affiliated or related entities without our express prior written consent.

Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of Content, copyrights, trademarks, service marks, or other intellectual property on this Site, except as authorized by these Terms, is considered intentional Infringement.

Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:

H.G. Fenton Company
Attn: General Counsel
7577 Mission Valley Road, Suite 200
San Diego, CA 92108-4432

Accuracy. Though we strive for accuracy, occasionally, the information on the Site may contain typographical errors, inaccuracies, or omissions in relation to property descriptions, pricing and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We hope this will not cause you undue inconvenience.

Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an image displayed.

4. USER'S RESPONSIBILITIES. You warrant and represent to us that you will not use this Site for any purpose that is unlawful, illegal or prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libelous, or defamatory content or images or messages. If you violate any of these Terms, your permission to use this Site immediately terminates without the necessity of any notice. We, at our sole discretion, retain the right to deny access to this Site to anyone for any reason, including for violation of these Terms. Some of these types of violations are more fully described below in Section 5. You are solely responsible for the content, accuracy and your use of your Information. As used in these Terms, "Information" means any information or data that you submit to or through this Site and any information or data that is generated by this Site as a result of your use of or access to this Site.

In the event that you are provided with user identification numbers or codes (collectively, "IDs"), Confirmation numbers, and/or passwords (as applicable) in the use of this Site, you shall maintain such user IDs, Confirmation numbers, and/or passwords in confidence, and you agree not to distribute or disclose the same to third parties. It is your responsibility to notify us if we need to change or discontinue any of your IDs, Confirmation numbers, or passwords. It is also your responsibility to immediately request discontinuation of an ID, Confirmation number, or password upon your knowledge or belief that such ID, Confirmation number, and/or password is or may be subject to theft, unauthorized use or access, or a breach of confidentiality. We may suspend or terminate your service or access to this Site if we believe that such theft, use, access or breach, or any other breach of these Terms, has occurred. You agree that any Information that you provide will be true, accurate, current and complete. If you provide any Information that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incompletries around the world. As each of these places has laws that may differ from those of your location, by accessing this Site, you agree that these Terms and your use of the Site shall be governed in all respect by the internal substantive laws of the State of California, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in the County of San Diego, California, for all disputes, cases and controversies regarding this Site and your use of this Site. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which they reside.

10. INDEMNIFICATION. We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold us, our officers, directors, employees, affiliated and related entities, agents, licensors, and suppliers, harmless from and against any H.G. Fenton Company Page 5 of 5 Terms of Use and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of this Site, your breach of any provision of these Terms and any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on us: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.