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Website Terms of Use

Website Terms of Use - East Bay Rental Housing Association

Effective Date: April 4, 2025 (Revised as of July 1, 2024)

 

The following governs your access of the website (URL: www.ebrha.com) (the “Site”) and use of all forms provided by East Bay Housing Association (the “Association”, “we”, “our” or “us”). By accessing or using the Association’s website (the “Site”), you (any user of the Site hereinafter referred to as “you”) expressly agree and consent to the following terms and conditions (the “Terms”). If you do not accept the following Terms, then do not use the Site. These Terms are a legally binding agreement between you and the Association. By using the Site you hereby agree to be contractually bound by the Terms.

 

These legally binding contractual terms of our website’s use govern access of anyone using the site, in accordance with and pursuant to our data privacy policy found here: https://www.ebrha.com/legal. Any user of our website is subject to these terms of use and the data privacy policy (the “Policy”) incorporated herein.

 

Only members of EBRHA are applicable to any membership terms or according EBRHA membership rights, which are distinctively different and separate from these terms of use and data privacy policy applying broadly to any user of the Site.

 

1. Who does this apply to?

 These website Terms of Use (the “Terms”) are applicable to any person or user (a “User”) who accesses this Site and/or any content contained within the Site, including all themes, ideas, news updates or available forms provided (“Content”). The definition of a “User” is an end user who either creates a registration on our Site, downloads or prints any forms, content, materials, or documents, or makes use of any of the Site’s services or Site Content. A user also includes anyone who uses or accesses any Site Content and/or services without registering on our Site or in any Site membership. These terms apply to anyone accessing the Site, including any eventually approved members in good standing of the Association (the “Members”). These Terms apply to the entirety of the Site, and to all Content and/or services made available through the Site at any time (the “Services”), including those not yet available as of the “Effective Date” above. Use of the forms on the Site (the “Forms”) are subject to the User being a member of the Association in good standing (a “Member”), which the Association may determine in its sole discretion.

 

2. User obligations and assertions.

 Any user of the Site hereby represents and promises to be at least the age of 18 years old, and are not prohibited from receiving services under the laws of any applicable jurisdiction. Wherever any User accesses the internet, or the Site, the User hereby promises and claims to be of legal age to access the internet and website according to any relevant or applicable jurisdiction. You agree to provide accurate and complete information on any the Site’s various registration forms, informational portals or forms. You acknowledge that the Association owns your account, and that you have no ownership rights to any account you make on the Site. You agree to abide by the following rules when using the Site:

  • You agree not to disseminate your username or password to anyone, and that you are the one responsible for maintaining the confidentiality of your username and password to protect your personal information. Whether or not you authorize it, you are responsible for any and all uses of your registration.
  • You agree to notify the Association immediately of any unauthorized use of your registration, username, data on the Site, and/or password or personal data.
  • You agree not to present the Site or any of its Content as your own, or in any way that appears to be available from a third-party website, platform, or party.
  • You agree to not breach or attempt to breach the security measures incorporated in the Site or access data not intended for your use, including the data of any other User or the Association.
  • You agree to not use the Site for any unlawful purpose, or in any manner that would violate international, Federal, or local laws or regulations; You warrant, represent, and promise your use will only be for legal purposes.
  • You agree to not interfere with the Site, its services to any User, host, or network.
  • You agree to not modify, reverse engineer, decompile, translate or disassemble any portion of the Site for any purpose.
  • You agree to access the Site only through the interfaces provided by the Site or by navigating to the website (URL: www.ebrha.com) using a web browser.
  • You agree to not use software, devices, script robots, other means or processes to access, “scrape”, “crawl”, or “spider” any web pages or other services contained in or on the Site.
  • You agree to not use or copy information, Site Content, or any data you view on and/or obtain from the Site to provide any service whether that service is or is not competitive with the Site or the Association.
  • You agree to report inappropriate postings or conduct on the Site to the Association; You agree to refrain from engaging in any inappropriate postings or conduct on the Site or in relation to your use of the Site.
  • You agree to not (i) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Site Content retrieved therefrom without the Association‘s express written permission; (ii) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism. To the extent you use or obtain contract, application, agreement or other Site Content from the Association, its licensors, or the Site, all such information is intended by the Association for personal use by individual consumers only.

 

3. Penalties for improper use:

 Your violation of any of these Terms may result in civil or criminal liability on a case-specific basis of facts. The Association will investigate any and all occurrences relating to any such violations and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such violations. If the Association determines you misled the Association or violated the Terms, we reserve the right to terminate this Agreement and your use of the site with or without cause or permission from any user. The Association is under no obligation to monitor or review the conduct of its Users, however it may investigate and monitor whenever it chooses, including responding to any inappropriate use, reported misconduct, violations, or malfeasance. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and all applicable laws in every applicable jurisdiction.

 

4. Revocable license to access site content.

 The Association hereby grants you a non-exclusive, non-transferable, revocable license solely to: access and use the Site strictly in accordance with this Terms of Use agreement; use the Site solely for uses on behalf of only yourself for personal purposes; and/or print information from the Site solely for your own personal purposes while maintaining all copyright, intellectual property, warranties, rights, terms or policies contained and/or applicable therein.

 

5. NO LEGAL ADVICE IS INTENDED OR GIVEN TO YOU.

 You are in no way receiving legal advice by accessing the Site or its forms. The Association is not a law firm, nor is the Association giving any User legal advice. The Association is not acting as your attorney, and it could not possibly create an attorney-client relationship with you, on your behalf, or for your actions in any way, ever. You assume full responsibility for any consequences and costs associated with your use of the Site and as it relates to your legal matters, on your own as an individual. No attorney-client privilege or relationship is created or reasonably able to be understood by your use of our website. The Site in no way communicates or forms any legal relationship. The Association strives to keep its legal documents updated, accurate, and current; however, because the law changes quickly and often, the Association can never guarantee that all of the information on the Site or downloadable documentation is entirely current, accurate, or correct – nor is the Association ever warrantying any such claims. The Association explicitly disclaims any accuracy in its forms or legal documents, as the Association can never guarantee any form or legal document is entirely current, updated, accurate, or legally correct. The law is different from jurisdiction to jurisdiction, and it may be subject to interpretation by different courts, such that there is no way the Site or its forms could perfectly cater to every legal jurisdiction or interpretation. The law and its application to any facts or circumstances is a personal matter, so no general information or legal tool like the type the Association provides can fit every individual circumstance. Furthermore, the legal information contained on the Site or downloadable documentation is not legal advice and is not guaranteed to be correct, complete, or up to date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area with case-specific guidance for your contextual, individual needs. If, prior to your purchase, you believe that the Association, is giving you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you will not proceed with this purchase, and any purchase that you do make will be null and void because you fundamentally misunderstand the nature of the services as they are offered or rendered through the Site. Your misunderstanding of receiving any possible legal advice is a fundamental deal-breaker for any potential purchase of services or use of the Site. The Association is not a party to any agreement that you enter as a result of the use of any Document that you create, use or download from the Site. Your use of the Site creates no additional legal relationship with the Association whatsoever. Use of the Site and any Document does not constitute an attorney-client relationship, joint venture or partnership between the Association and any User or Third-Party.

 

6. Third Parties: No liability for Third Party pages, actions, materials.

 Third Parties may display, offer, or provide materials via the pages on the Site. You also may obtain access to other sites on the Internet through the pages on the Site. The Association assumes no responsibility or liability for any information, materials, media, or publications of any Third Party on the Internet even if accessed through the Site. The Association’s provision of the Site, or any related business or services, in no way causes the Association any assumption of responsibility or liability for any Third Party on the Internet. User actions, in dealing with Third Parties or participating in any of their advertisements, promotions, programs or services, including any payments or deliveries of any related goods or services, including any other terms, conditions, policies, disputes, agreements, claims, rights, warranties or representations associated with such dealings, are solely between the User and the Third Party. User agrees that the Association shall NOT ever be responsible or liable for any loss or damage of any type incurred as a result of any such Third-Party dealings or as the result of any such Third Parties’ weblinks, advertisements, or related services, products, or business dealings, even if the User finds the Third-Party pages on the Site. User acknowledges that the Association need not endorse, investigate, or research any claims, content, or information supplied on the Site by Third Parties in their advertisements, marketing, ad copy or communications, such that User entirely absolves and indemnifies the Association from any possible liability related to any Third-Party information on the Site whatsoever. The Association explicitly disclaims any responsibility or liability for any material communicated by Third Parties through these pages or for any claims, damages, or losses resulting from the use thereof. The Association and/or Third Parties may make available through the Site message boards, chat functionality, and comment features (each one is called a “Forum”), to which Users are able to post content, information, and/or materials, any use of which is entirely voluntary for User to decide, while absolving and indemnifying the Association from any liability or responsibility related to any materials, information, or content existent on such Forums or pages from any other Third Party. YOU ARE ON EXPLICIT NOTICE THAT SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY AND MAY BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY AS WELL AS THIS AGREEMENT AND ANY OTHER AGREEMENT INCORPORATED BY REFERENCE HEREIN. YOU HEREBY RATIFY AND AGREE THAT YOU ARE BOUND TO ANY THIRD-PARTY AGREEMENT OR AGREEMENT INCORPORATED BY REFERENCE HEREIN WHILE ABSOLVING THE ASSOCIATION OF LIABILITY OR RESPONSIBILITY FOR ANY CONTENT OR MATERIALS NOT ORIGINATING FROM THE ASSOCIATION.

 

7. No Representations or Warranties.

 The Association hereby makes NO representations or warranties with regard to any aspect of the Site, its Content, or its related parties, products, or services (including, without limitation, any Third-Party material), as well as any communications from any customer service representatives, all of which are provided only on an “as is” or “as available” basis. The Association also hereby explicitly disclaims any and all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. The Association makes zero representations or warranties that the services provided by the Site or any customer service representatives will be uninterrupted or error-free, that defects will be corrected or that the pages or the server that makes them available are free from viruses, worms, or other harmful components. If any User’s use of the Site results directly or indirectly in the need for servicing or replacement equipment or data, the Association is not responsible for such costs. The Association also makes no representations or warranties as to whether the information accessible via these pages or customer service representatives, including information posted by Third Parties or Users, is accurate, complete, current reliable or truthful. The Association assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any User communications or personalization settings. Nothing on the Site shall be considered an endorsement, representation, or warranty with respect to any User or Third Party, any website, product, service, experience, recruiting, hiring or otherwise. No advice or information obtained by any User from the Association or its personnel shall create any warranty not expressly provided for in this Agreement. You hereby agree and acknowledge that any reliance on materials or information posted by Users or on any other form of communication with Users will be at your own risk and at no fault of the Association, as you expressly and explicitly absolve and indemnify the Association from any such liability as to any such materials, parties, or actions. The Association acts as, among other things, a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User posted material or information, although it does reserve the right to do so.

 

8. Improper Use of the Site.

 The Association is not responsible for any User mistakes, including incorrect or improper use of the Site. * Disclaimer for Improper Use of Website * The use of this website is subject to the following additional terms of use:

 

  1. The information provided on this website is for general informational and/or educational purposes only. It is subject to change without notice.
    1. All information is expressly NOT legal advice and only to educate Users.
  2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly DISCLAIM liability for any such inaccuracies or errors to the fullest extent permitted by law.
  3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. You assume your own individual risk. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific needs, circumstances, and/or requirements.
  4. This website contains material which is owned by and/or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  5. Unauthorized use of this website may give rise to a claim for civil damages and/or be a criminal offense.
  6. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) pursuant to Section § 6 of this Agreement.
  7. Your use of this website and any dispute arising out of such use of the website is subject to the laws of your Country/State/jurisdiction accessing the Internet.

 

Disclaimer: User Errors

Users of this website are solely responsible for ensuring the accuracy, completeness, and legality of any information, data, or content they submit or transmit through this website. We do not accept any liability for any errors, omissions, or inaccuracies in such information or content.

By using this website, you agree that under no circumstances will we be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of your use of or inability to use this website, even if we have been advised of the possibility of such damages. You expressly assume all risks of your use of the Site, and you hereby use this Site at your own risk to the fullest extent of relevant law. This disclaimer may change without notice.

 

9. Property Listings on the Site: (Disclaimers herein & on the Site).

The Association may pull data (universal information) from any Third-Party data regarding property listings, property owners, related entities, and/or any data provided about a property listing on a Third-Party site, maintaining its express disclaimer that any posted real estate listings or related property data is NOT guaranteed to be correct, valid, or accurate, especially data originating from Third-Parties or their pages, websites, or content from any Third-Parties websites and/or platforms.

 

The Site, including any other websites, platforms, pages, or portals accessed through the Site, including any vacancy portal showing available rental properties to the benefit of landlords/tenants is hereby NOT endorsing landlords or properties, hereby NOT endorsing tenants, and hereby puts YOU on notice that you must be careful, exercise caution, and beware of any potential inaccuracies on any posted material through the Site.

 

The Association hereby disclaims any responsibility as to the accuracy and/or reliability of such sites, pages, platforms, or portals on the Site. We disclaim any guarantee or certification of accuracy, and you are hereby on explicit notice to protect your own interests, do your own research, and ensure that you are working with adequate resources, research, and professionals to assist you in your decision-making-processes.

 

10. Data Privacy Policy.

Incorporated herein and found at the following website link: https://www.ebrha.com/legal; this is our Data Privacy Policy governing the Site, including how user data is collected, used, and protected. Please read, review, and make yourself familiar with the Data Privacy Policy for all usage of the Site. You hereby consent to and agree with our Data Privacy Policy automatically by using the Site.

 

 

11. Intellectual Property.

Ownership

All content and materials available on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, forms, data compilations, and software, are the exclusive property of the Association, or its licensors and are protected by intellectual property laws, including copyright, patent, trade secrets, business operations rights, and trademark laws. You agree not to reproduce, modify, distribute, display, perform, or otherwise use any of the content or materials on this website without the prior written consent of the Association. Unauthorized use of any content or materials on this website may violate copyright laws, trademark laws, and other applicable laws and could result in criminal or civil penalties. The trademarks, logos, and service marks displayed on this website are registered and unregistered trademarks of the Association and other Third-Parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or copyrighted content displayed on this website without the written permission of the Association or such third party that may own the trademarks or copyrighted content displayed on this website. 

Permitted Uses of Intellectual Property

The content and materials on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software (collectively, "Materials"), are provided for informational and educational purposes only. You may view, download, and print copies of the Materials solely for your personal, non-commercial use, provided that you do not remove or obscure any copyright, trademark, or other proprietary notices from the Materials. Any other use of the Materials, including but not limited to reproduction, modification, distribution, display, or performance, without the prior written consent and licensure from the Association is strictly prohibited. The trademarks, logos, and service marks displayed on this website are registered and unregistered trademarks of the Association and others. You may not use any trademark displayed on this website without the prior written permission of the Association or such third party that may own the trademarks. For permission to use the Materials or any trademarks or copyrighted works owned by the Association, please contact us at info@EBRHA.com.

 

12. Disclaimers, Indemnification, & Limitations of Liability.

Disclaimer: Not Legal Advice

The content provided on this website is for informational and educational purposes only. The materials, resources, and forms available on this site are not intended to serve as legal advice. We do not provide any guarantees, express or implied, regarding the accuracy, completeness, or reliability of the information presented. Users of this website should not act upon the information provided without seeking professional legal counsel. The use of this website does not create an attorney-client relationship between the user and the website owner, its affiliates, or any contributing author. For specific legal advice pertaining to your individual circumstances, we strongly recommend consulting with a qualified attorney. 

Disclaimer: Webinars

Although we may host Webinars with guest speakers, lawyers, legal materials, educational resources, forms, legal content, informational seminars, and any other related Webinar content regarding the law or legal matters or materials, those Webinars are still explicitly NOT giving legal advice to any particular person for any particular case of circumstances or situations. Although you may attend a Webinar with a false belief about legal advice or receiving legal information – we nonetheless remain absolved of liability, as any belief of an attorney-client relationship at such a Webinar would be unreasonable. All such Webinars are strictly for educational purposes only, in order to provide educational resources, without giving legal advice in any form whatsoever. We in no way condone, encourage, or facilitate any lawyer-client relationships, between anyone, even when hosting educational Webinars regarding legal content. 

Disclaimer: Property Listing Accuracy

The property listings provided on this website are for informational purposes only and may contain inaccuracies. While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or reliability of any listings. The details and descriptions of properties are subject to change and may not reflect the most current information available.

 

Users are encouraged to verify all property details independently and consult directly with the relevant property owners, agents, or professionals. This website and its operators do not assume any responsibility or liability for any errors, omissions, or discrepancies in the property listings. Property listings on the site may rely upon Third-Party pages, websites, and information such that our Site and our Association cannot ever entirely verify or guarantee accuracy of any listing. 

Disclaimer: Transaction Liability

This website provides property listings for informational purposes only. We do not participate in, endorse, or guarantee any transactions related to the purchase, partnership, or rental of any properties listed on this site. Users are solely responsible for conducting their own due diligence and verifying all information directly with property owners, agents, or relevant professionals before entering into any transaction. Even in the event an individual person is a partner with or member of the Association, we remain absolved of any and all liability for any and all resulting deals, transactions, or business opportunities of any type respecting such occurrences. This website and its operators are not liable for any direct, indirect, incidental, or consequential damages arising from any transaction or relationship established through the use of this site. By using this website, you acknowledge and agree that any reliance on property listings is at your own risk. 

Disclaimer: No Endorsements

This website does not endorse anyone professionally, including without limitation any of its members for professional services, investment opportunities, partnerships, political figures, legislative bills, statutory language, governmental lobbying, or any other related interest or purpose. The presence of a User or a Member on this Site does not imply any form of endorsement, recommendation, or guarantee by the Site, the Association, or any of its operators. Users are solely responsible for conducting their own due diligence and making independent evaluations before engaging in any professional, investment, or partnership activities with Users of the Site and/or Members of the Association, and/or anyone listed on this Site. The Association, this Site and its operators disclaim any and all liability for any direct, indirect, incidental, or any consequential damages arising from interactions or transactions with its Users and/or Members. We cannot and do not monitor the activities and actions of Users or Members, and any User or Member who works with another User or Member in any professional capacity does so at their own risk, liability for which is explicitly disclaimed by us hereby. 

Disclaimer: No Political Endorsements

Although we may post, re-post, or publish content about new laws, regulations, compliance efforts, and related California residential information or local voter interests, our content is hereby educational in nature and in no way shape or form a political statement, nor an endorsement of any particular person, law, or regulation. Although we may share content, news, and information for the benefit and education of our Users and Members, we DO NOT endorse any particular law, candidate, or regulatory matter in any official way. Even if our Site or our Users or our Members post content or information about laws, politics, regulations, or elections, we hereby DO NOT endorse, agree with, or support any such content or information. Although our Site supports community sharing of educational and informational resources, it is IN NO WAY a platform intended for any political discourse, discussion, or debate. We explicitly disclaim any and all liability for any political speech, content, or discussions occurring on our Site. Our platforms are not intended for any political use and we reserve the right to remove or delete any and all information we deem necessary in our sole and absolute discretion without limitation.  

Disclaimer: No Guarantee of Compliance

The Site and the Association provide educational resources, forms, and informational content to assist users and members with their legal compliance efforts. While we strive to offer valuable guidance and encourage legal compliance, we do not guarantee that users of the site or members of the Association will be compliant with any laws or regulations. The information, forms, and content provided are for educational purposes only and do not constitute legal advice. The use of this website and its resources does not promise or ensure legal compliance. Users are solely responsible for verifying compliance with all applicable laws and regulations and should consult with qualified legal professionals for specific legal advice tailored to their individual circumstances. Neither this website nor the Association assumes any liability for any errors, omissions, or discrepancies in the information provided or for any actions taken based on the use of the Site and its resources. By using the Site, you acknowledge and agree that legal compliance cannot be guaranteed through the use of any forms, content, or information provided here. 

Disclaimer: Confidentiality and Reporting Obligations

This website and the Association do not provide confidentiality to its users or its members. Furthermore, the Association is required to report any illegal activity. We cannot promise confidentiality for any unlawful acts since we are legally obligated to report such activities to the appropriate governmental authorities. By using this website, you acknowledge and agree that any information related to illegal acts will be reported to the appropriate regulatory authorities. 

LIABILITY DISCLAIMER:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ASSOCIATION AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND SITE CONTENT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY THE ASSOCIATION, AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER INTANGIBLE LOSSES (EVEN IF THE ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR THE SITE CONTENT. THE ASSOCIATION RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT THE ASSOCIATION SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE ASSOCIATION’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE. IN NO EVENT SHALL THE ASSOCIATION (ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $50.00 OR FIVE TIMES THE AMOUNT OF YOUR MOST RECENT MONTHLY PAYMENT (IN THE EVENT YOU ARE A PAYING SUBSCRIBER), WHICHEVER IS LESS. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ASSOCIATION’S AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ASSOCIATION CANNOT AND DOES NOT CHECK EACH USER’S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE THE ASSOCIATION (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

Indemnification:

To the fullest extent permitted by law, the Association, the Site, its affiliates, officers, directors, employees, agents, and representatives (collectively, the “Indemnified Parties”) shall be indemnified and held harmless by and and all Users and/or Members against any and all claims, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorney’s fees and costs of litigation) arising out of or related to:

  1. User/Member Content or Services: Any content, submissions, services, products, or communications made by any User and/or Member on or through the website, including but not limited to text, images, videos, and other materials or Services.
  2. Violation of Terms: Any breach or alleged breach of the Terms, the Privacy Policy, or any other contracts and policies governing use of the Site or Third-Party sites.
  3. Legal Claims: Any claim, demand, or legal action arising out of or related to any User and/or Member’s use of the Site, membership in the Association, or any violation of applicable laws or regulations.
  4. Third-Party Claims: Any claim made by a third party arising out of or related to any User and/or Member’s actions, omissions, or conduct in connection with the website, its content, posts, partnerships, or the Association.
  5. Claims against Third-Parties: Any claims brought by any User and/or Member against any Third Party with content, websites, portals, widgets, tools, software, weblinks, products or services on our Site.

Explicit Indemnification: All Users and/or Members, by virtue of using the Site, hereby expressly indemnify the Association of any and all legal claims they may have against us based on their use of the Site and the Services, even if a User and/or Member pursues a legal dispute against a Third-Party entity featured in any way on our Site.

Certainty of Damages: Notwithstanding the foregoing, if any authority decides to hold the Association liable for any damages occurring to any User or Member, in contradiction of User/Member’s express indemnification of the Association herein, the total amount of damages allowed to be awarded to any User and/or Member shall be: $100.00 USD, or a refund of a Member’s past 2 years of membership dues, whichever is less.

This indemnity obligation shall survive the termination of these Terms of Service and/or the end of User and/or Member’s membership or use of the website. User and/or Member agrees to cooperate with the Indemnified Parties in defending against any such claims and to provide any necessary assistance as reasonably requested. The Indemnified Parties reserve the right to assume exclusive control of the defense and settlement of any such claim, at User’s and/or Member’s expense, provided that User and/or Member shall have the right to participate in such defense at User’s and/or Member’s own expense.

 

13. Governing Law & Dispute Resolution.

Governing Law: This website and its associated services are operated by the Association, located in Oakland, California, in the United States of America. By accessing this website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Association.

 

Mandatory Arbitration: Any dispute brought by any User of the Site, relating in any way to your visit to this website or to products or services you purchase through this website shall be submitted to confidential arbitration in Oakland, California, except that, to the extent you have in any manner violated or threatened to violate the Association's intellectual property rights, or any other legal right of ours, the Association may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

14. Changes to the Terms:

The Association reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms of use. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the website after the posting of any changes to these Terms of Use constitutes acceptance of those changes. If you do not agree to the terms, please stop using the website.

 

15. Miscellaneous General Provisions.

Waiver and Sever-ability: The failure of the Association to enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. If any provision of this contract is held by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the Court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the contract shall remain in full force and effect. The parties further agree to replace such an invalid or unenforceable provision with a valid and enforceable provision that most closely achieves the economic and legal effect of the invalid or unenforceable provision. 

Entire Agreement: These Terms of Use constitute the entire agreement between you and the Association regarding the use of the website, superseding any prior agreements or understandings.

 

Contact: If you have any questions about these Terms of Use, please contact us at info@EBRHA.com.