Revised October 1st, 2018
Wine and Paint Apartments Clients
By signing a contract for service with Wine and Paint Apartments and agreeing to pay the fees set forth in the contract you become a Wine and Paint Apartments Client, you are authorized to utilize the Wine and Paint Apartments Site, and are granted the limited license described below.
User ID and Passwords.
If You register a User ID and Password using the Wine and Paint Apartments Site, become a client, or provide certain information via the Wine and Paint Apartments Site, You agree to complete the registration, or other process provided by the Wine and Paint Apartments Site, by providing current, complete, and accurate information as requested by all forms generated by the Wine and Paint Apartments Site. You may not provide any false or fraudulent information to Wine and Paint Apartments to gain access to the Wine and Paint Apartments Site, register a User ID or Password, or to become a Client.
Clients are responsible for safeguarding any password that are used to access any areas of the Client Site. Client agree to avoid disclosing passwords to any third party and that only Client and Client's employees are granted access to User ID(s) and Password(s). Client agree to take sole responsibility for any activities or actions under Client’s User ID(s) and Password(s), whether or not Client has authorized such activities or actions. Client will immediately notify Wine and Paint Apartments of any unauthorized use of Client's User ID(s) and Password(s). You may change Your password at any time using the Wine and Paint Apartments Site.
Intellectual Property and License.
All right, title, and interest in and to all advertisements, templates, analytics data, logic, design, and software coding, content, text, images, and other materials on the Wine and Paint Apartments Site are either owned or licensed by us, and are protected by International copyright, trademark, and other laws and treaties. ALL RIGHTS ARE RESERVED.
If You are not a Client, You hereby agree that You shall not: (a) republish material from the Wine and Paint Apartments Site; (b) sell, rent or otherwise sub-license material from the Wine and Paint Apartments Site; (c) reproduce, duplicate, copy or otherwise exploit material on the Wine and Paint Apartments Site for a commercial purpose; (d) edit or otherwise modify any material on the Wine and Paint Apartments Site; (e) redistribute material from the Wine and Paint Apartments Site; or (f) copy or modify the HTML or other software code provided by the Wine and Paint Apartments Site.
No Unlawful or Prohibited Use.
As a condition of Your use of the Wine and Paint Apartments Site, or becoming a registered Client, You warrant that You will comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the Wine and Paint Apartments Site and any related activities. Specifically, it is Client's responsibility to abide by the Fair Housing Act. The Federal Fair Housing Act makes it is illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination".
Limitation on Liability.
Neither Wine and Paint Apartments, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Wine and Paint Apartments Site, or damages from the use of or reliance on the information present on the Wine and Paint Apartments Site, even if Wine and Paint Apartments has been advised of the possibility of such damages.
Clients warrant and agree that: (i) Client has a valid contract agreement with the owner of the property provided by Wine and Paint Apartments for events; (ii) Wine and Paint Apartments generated advertisements shall contain valid property address including street address, city and state; (iii) Wine and Paint Apartments generated advertisements shall contain valid contact information of the listing agent, property manager, or landlord, including company name, address and phone number or email; (iv) Clients either own or have acquired all necessary rights in the trademarks, logos, brand name, and other intellectual property works that appear in Wine and Paint Apartments generated advertisements; (v) Clients are and will remain duly licensed in good standing in the state in which its principal office is located; and (vi) Clients agree to terminate the Wine and Paint Apartments account should they cease to be licensed to conduct real estate brokerage activities and in good standing.
Client agrees that all content posted to the Wine and Paint Apartments Site is Client’s sole responsibility. Client agrees that Wine and Paint Apartments will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content Clients information to the Wine and Paint Apartments Site ("Content"). You agree to evaluate and bear all risks associated with the information you provide or use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Some Content you provide on the Wine and Paint Apartments Site is not edited by Wine and Paint Apartments or its clients and, as such, cannot be so attributed.
Modification of the Wine and Paint Apartments Site.
Because Wine and Paint Apartments provides advertising for a variety of Clients and users (who may or may not be registered Clients), in the event that You have a dispute with one or more Wine and Paint Apartments Site users, You release Wine and Paint Apartments, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) 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 §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."
Services Not Provided.
Wine and Paint Apartments is not part of any real estate company and does not provide real estate services. Information provided by the Wine and Paint Apartments Site is not intended to be and does not constitute real estate advice or services, the practice of law, tax advice or services, investment or financial advice or services, or accounting advice or services. Because the Wine and Paint Apartments Site is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from Your real estate agent, insurance provider, legal counsel, accountant, financial advisor, or tax consultant qualified in the applicable subject matter and jurisdictions.
You and clients hereby agree to indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of Your or Client's use of the Wine and Paint Apartments Site, breach of this Agreement, or violation of any law or the rights of a third party, or incurred by us as a result of default under this Agreement.
Default and Remedies.
Without limiting any other provision in this Agreement, in the event Clients default under this Agreement, including without limitation, by failing to pay us the specified fees when due, we have the right to terminate the contract and service.
Resolution of Disputes.
If a dispute arises between You or Clients and Wine and Paint Apartments, our goal is to provide You or Clients with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You, Clients and Wine and Paint Apartments agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as Wine and Paint Apartments and You or Clients otherwise agree in writing. Before resorting to these alternatives, we strongly encourage You and Clients to first contact us directly to seek a resolution by contacting us at firstname.lastname@example.org or call us at 619-832-1278. Wine and Paint Apartments will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions. You and Clients agree that any Claim or dispute You or Clients may have against Wine and Paint Apartments must be resolved by a court located in San Diego, California, except as otherwise selected by Wine and Paint Apartments as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Diego, California, for the purpose of litigating all such Claims or disputes.
Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief), Wine and Paint Apartments may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event Wine and Paint Apartments elects arbitration, Wine and Paint Apartments shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims. All Claims You or Clients bring against Wine and Paint Apartments must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should You or Clients file a Claim contrary to the Resolution of Disputes Section, Wine and Paint Apartments may recover attorneys' fees and costs, provided that Wine and Paint Apartments has notified You in writing of the improperly filed Claim, and You have failed to promptly withdraw the Claim.
Except as explicitly stated otherwise, notices should be sent to:
Wine and Paint Apartments
302 Washington St., Suite 804
San Diego, CA 92103
and notices to Clients will be sent to the email address You provide to Wine and Paint Apartments during the registration process. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.