Welcome and thank you for your interest in this website which is sponsored by Coalition to Preserve LA and Livable California (collectively, "Sponsor"). By using this website or any
other services provided by Sponsor (collectively, the “Services”), or accessing any content provided by Sponsor through the Services, you agree to be bound by the following terms of use,
as updated from time to time ("Terms of Use").
1. Sponsor Role. SPONSOR DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. SPONSOR IS NOT A FINANCIAL OR REAL ESTATE BROKER OR LENDER. Sponsor assumes
no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through
or in connection with the Services.
2. Use of the Services; Restrictions. As long as you comply with these Terms of Use, Sponsor grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services,
for your personal use. The Services may not be used for transactions in real estate.
3. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
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use information provided by Sponsor through the Services in making any loan-related decisions;
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reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as
explicitly permitted under these Terms of Use;
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remove or modify any copyright or other intellectual property notices that appear in the Services;
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use the Services for resale, service bureau, time-sharing or other similar purposes;
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use the Services in any way that is unlawful, or harms Sponsor, its service Sponsors, suppliers, or any other user;
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distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
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impersonate another person or misrepresent your affiliation with another person or entity;
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reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate,
lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted
by Sponsor for a particular portion of the Services;
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upload invalid data, viruses, worms, or other software agents to the Services;
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interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Sponsor may use to prevent or restrict access to the Services;
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conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with
the purpose of obtaining information from the Services) on the Services;
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use any of Sponsor trademarks as part of your screen name or email address on the Services; or
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attempt to, or permit or encourage any third party to, do any of the above.
4. Intellectual Property. The Services are owned and operated by Sponsor. Data used in the Services may include publicly-available data or privately-generated data. The user interfaces,
design, information, data, code, products, software, graphics, and all other elements of the Services (“Sponsor Materials”) provided by Sponsor are protected by intellectual property and
other laws and are the property of Sponsor or Sponsor third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Sponsor Materials, and Sponsor
reserves all rights to the Sponsor Materials and Services not granted expressly in these Terms of Use.
Intellectual Property Notices:
Certain content on the Services is owned by other Sponsors or is public data. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective
owners. Any rights not expressly granted herein are reserved. Sponsor does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided
through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and the requirements of applicable law.
5. DMCA; Claims of Copyright Infringement. Sponsor respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their
work has been reproduced on the Services in a way that constitutes copyright infringement may notify Sponsor copyright agent in accordance with Title 17, United States Code, Section 512(c)(2),
by providing the following information:
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Identification of the copyrighted work that you claim has been infringed;
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Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can
locate it;
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Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
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A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its
agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By Mail:
Sponsor
2940 16th Street, Suite 200-1
San Francisco, CA 94103
Attention: Copyright Agent
By e-mail: contact@livableca.org
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment
to your e-mail before we are required to take any action.
6.Termination/Changes to Agreement. Sponsor may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with
or without notice. Sponsor may alter, suspend or discontinue the Services or any portion of the Services without notice. Sponsor will not be liable whatsoever for any change to the Services or any
suspension or termination of your access to or use of the Services. Sponsor reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make
commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the
revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive
any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
7. Other Terms. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to,
from the Services, such as rules applicable to a particular product or content available through the Services, All such terms are incorporated into, and made a part of, these Terms of Use
8. Indemnification. You agree to indemnify, defend, and hold harmless Sponsor, its affiliates, its funders, and their respective directors, officers, employees, and agents from any and
all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the
rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful
misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. Sponsor reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with Sponsor ‘s defense of that claim.
9. No Warranties. SPONSOR PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SPONSOR AND ITS SUPPLIERS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR
CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES
WILL CREATE ANY WARRANTY REGARDING ANY SPONSOR ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF
OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND SPONSOR MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE
OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE
SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL SPONSOR OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING
DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE
SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF SPONSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (IE) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS;
(F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED
TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF SPONSOR
AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN
CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO SPONSOR FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE
CLAIMS; ANDI (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH
PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES
UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the
personal and exclusive jurisdiction and venue in the state and federal courts sitting in San Francisco, California for any and all disputes, claims and actions arising from or in connection
with the Services and/or these Terms of Use.
12. General. You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required
under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may only be
amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then
the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use
will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Sponsor may assign this Agreement,
in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Sponsor failure to act
with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly
incorporated terms and agreements, constitute the entire agreement between you and Sponsor with respect to the Services and supersede all prior or contemporaneous communications of any kind between
you and Sponsor with respect to the Services.
13. Consent to Communications. By using the Services, you consent to receiving certain electronic communications from Sponsor as further described in the Privacy Policy. Please read the Privacy Policy
to learn more. You agree that any notices, agreements, disclosures, or other communications that Sponsor sends to you electronically will satisfy any legal communication requirements, including that
those communications be in writing.
14. Contact Information and License Disclosures. The Services are offered by Coalition to Preserve LA (www.2preservela.org) and New Livable California
(https://www.livablecalifornia.org/) (together, “Sponsor”).
You may contact Sponsor by email to: contact@livableca.org.