Between Users. If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Archon is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Archon, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Archon Services. All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Archon Services shall be governed and construed by the laws of the State of California, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Archon arising out of or related in any respect to this Agreement, or the Website and the Archon Services, or the Privacy Policy, shall be brought solely in either the Superior Court of California for the County of ▇▇▇▇▇▇, or, if that Court lacks jurisdiction over the subject matter, the United States District Court for the Eastern District of California; subject, however, to the right of Archon, at the Archon’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. In the event of any action arising from a breach of this Agreement, or to enforce the terms of this Agreement, the prevailing party shall recover its attorneys’ fees and costs. CORRECTIONS Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Archon reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. DISCLAIMERS Archon cannot control the nature of all of the content available on the Website. By operating the Website, Archon does not represent or imply that Archon endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Archon believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Archon is not responsible for the conduct, whether online or offline, of any user of the Website or Archon Services. Archon’s Services including specific inspection and permitting services, primarily in connection with home energy efficiency. Archon’s Services and responsibilities do not include a comprehensive report concerning a homeowner’s home for issues such as asbestos, biological conditions, or other hazards or concerns. Archon has no duty to provide such Services or an evaluation concerning such hazards or concerns, and it disclaims any duty to perform such Services. Archon performs inspection services at the request of various customers, including, particularly, contractors and homeowners. The contractors are not affiliated with or employed by Archon, and Archon has no responsibility for their performance of their duties to the homeowner, including any duties to identify or remedy hazardous conditions, such as asbestos or biological conditions. Archon disclaims any and all responsibility to identify or remedy such conditions. YOU AGREE THAT YOUR USE OF THE WEBSITE AND ARCHON SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ARCHON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE ARCHON SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARCHON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR ARCHON SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ARCHON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ARCHON WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT SHALL ARCHON OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ARCHON SERVICES, EVEN IF ARCHON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARCHON’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARCHON FOR THE ARCHON SERVICES DURING THE PERIOD OF THREE MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. ARCHON SHALL NOT IN ANY EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR OTHER DAMAGES OR CLAIMS ARISING FROM THE CONTENT OF ANY INSPECTOR’S REPORT, OR FROM THE FAILURE OF ANY GOVERNMENT AGENCY TO ISSUE A PERMIT SOUGHT BY YOU AS PART OF THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THESE LIMITATIONS OF LIABILITY APPLY TO ANY SERVICES PROVIDED BY ARCHON AT ANY TIME, WHETHER BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS OF USE. BY SIGNING UP FOR ARCHON’S CONTENT MANAGEMENT SERVICES, BY USING THOSE SERVICES, OR BY PLACING ANY ORDER FOR INSPECTION SERVICES THROUGH ARCHON, YOU AGREE THAT THESE LIMITATIONS OF LIABILITY APPLY TO ALL PREVIOUSLY PROVIDED SERVICES AS WELL, AND IN CONSIDERATION FOR FURTHER SERVICES FROM ARCHON YOU AGREE TO WAIVE AND RELEASE ANY AND ALL CLAIMS ARISING FROM PREVIOUSLY PROVIDED SERVICES TO THE EXTENT INCONSISTENT WITH THESE LIMITATIONS OF LIABILITY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Appears in 1 contract
Sources: Terms of Use Agreement
Between Users. If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Archon Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ArchonCompany, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Archon Company Services. All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Archon Company Services shall be governed and construed by the laws of the State State/Commonwealth of CaliforniaTexas, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Archon Company arising out of or related in any respect to this Agreement, or the Website and the Archon Services, or the Privacy Policy, Company Services shall be brought solely in either the Superior Court of California for the County of applicable federal or state courts located in or with jurisdiction over ▇▇▇▇▇▇▇ County, or, if that Court lacks jurisdiction over the subject matter, the United States District Court for the Eastern District State of CaliforniaTexas; subject, however, to the right of ArchonCompany, at the Archon’s Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. In Application of the event United Nations Convention on Contracts for the International Sale of any action arising Goods is excluded from a breach of this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Company Services (including your visit to or use of the Website and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce the terms of this Agreement, the prevailing party shall recover its attorneys’ fees and costs. CORRECTIONS Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Archon Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. DISCLAIMERS Archon Company cannot control the nature of all of the content available on the Website. By operating the Website, Archon Company does not represent or imply that Archon Company endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Archon Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Archon Company is not responsible for the conduct, whether online or offline, of any user of the Website or Archon Company Services. Archon’s Services including specific inspection and permitting services, primarily in connection with home energy efficiency. Archon’s Services and responsibilities do not include a comprehensive report concerning a homeowner’s home for issues such as asbestos, biological conditions, or other hazards or concerns. Archon has no duty to provide such Services or an evaluation concerning such hazards or concerns, and it disclaims any duty to perform such Services. Archon performs inspection services at the request of various customers, including, particularly, contractors and homeowners. The contractors are not affiliated with or employed by Archon, and Archon has no responsibility for their performance of their duties to the homeowner, including any duties to identify or remedy hazardous conditions, such as asbestos or biological conditions. Archon disclaims any and all responsibility to identify or remedy such conditions. YOU AGREE THAT YOUR USE OF THE WEBSITE AND ARCHON COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ARCHONCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE ARCHON COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARCHON COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR ARCHON COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ARCHON COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ARCHON COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT SHALL ARCHON COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ARCHON COMPANY SERVICES, EVEN IF ARCHON COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARCHONCOMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARCHON COMPANY FOR THE ARCHON COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. ARCHON SHALL NOT IN ANY EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR OTHER DAMAGES OR CLAIMS ARISING FROM THE CONTENT OF ANY INSPECTOR’S REPORT, OR FROM THE FAILURE OF ANY GOVERNMENT AGENCY TO ISSUE A PERMIT SOUGHT BY YOU AS PART OF THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THESE LIMITATIONS OF LIABILITY APPLY TO ANY SERVICES PROVIDED BY ARCHON AT ANY TIME, WHETHER BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS OF USE. BY SIGNING UP FOR ARCHON’S CONTENT MANAGEMENT SERVICES, BY USING THOSE SERVICES, OR BY PLACING ANY ORDER FOR INSPECTION SERVICES THROUGH ARCHON, YOU AGREE THAT THESE LIMITATIONS OF LIABILITY APPLY TO ALL PREVIOUSLY PROVIDED SERVICES AS WELL, AND IN CONSIDERATION FOR FURTHER SERVICES FROM ARCHON YOU AGREE TO WAIVE AND RELEASE ANY AND ALL CLAIMS ARISING FROM PREVIOUSLY PROVIDED SERVICES TO THE EXTENT INCONSISTENT WITH THESE LIMITATIONS OF LIABILITY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”"
Appears in 1 contract
Sources: Terms of Use