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These Terms of Use (the “Terms”) comprise a binding agreement between you and RRLH, Inc., a California corporation (“RRLH”, “We,” “Us” or “Our”) governing the use of the LeisureWorld.com™ website (the “Website”).
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE AN AGREEMENT TO ARBITRATE, A JURY TRIAL WAIVER, AND CLASS ACTION WAIVER. By visiting, accessing or otherwise using the Website, you agree to comply with and be bound by these Terms and our Privacy Policy. If you do not agree with these Terms and Our Privacy Policy, you must immediately stop accessing and using the Website.
We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated date. You are responsible for regularly checking this page for notice of any changes. Your continued use of the Website constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using the Website immediately.
All information, data, text, software, music, sound, photographs, graphics, trademarks, logos, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Website (collectively, “Content”) is owned by RRLHs or licensed from third parties and is protected by copyright, trademark, patent, trade secret, and other laws. As between you and RRLH, RRLH or our licensors own and retail all rights, title, and interest in the Content and the Website.
All trademarks, logos, , and services marks (collectively the “Marks”) are Our exclusive property (and/or third-party licensors) or other third parties. Nothing in these Terms grants you a license to use any of the Marks or any of RRLH’s trade names, trademarks, services marks, logos, domain names, or other distinctive brand features.
Unless otherwise expressly stated in writing by RRLH, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, non- assignable, revocable license to access and use the Website and the Content for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Website or the Content by accessing or otherwise using the Website. Nothing on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content without our written permission, except as expressly permitted in these Terms of Use. RRLH and various third parties retain all right, title, and interest to any intellectual property in the Content, including registered and unregistered trademarks and copyrights. The license granted to you herein may be terminated by RRLH at any time, in Our sole discretion.
You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Content. Except for Content that is in the public domain or content that you have permission to use in connection with your use of the Website and in compliance with the Terms, you shall not copy, modify, publish , transmit, distribute, perform, or display any content, nor shall you sell, license, rent, or otherwise use of exploit any Content for commercial use or in any way that violates any third party right.
The Website is protected by U.S. and international copyright laws. RRLH can (but does not have to) remove, block, edit or modify any content (including User Content as defined below) in our sole discretion at any time, without notice to you for any reason or for no reason at all. RRLH reserves the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to satisfy applicable laws or protect the rights, property or safety of Us, our users and the public.
You are solely responsible and liable for content that you upload or provide while using the Website (“User Content”), and, therefore, you agree to indemnify, defend, release, and hold RRLH harmless for any claims made in connection with the User Content.
By uploading or submitting User Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use your User Content.
By posting or submitting User Content to the Website, you grant to RRLH, a non-exclusive, worldwide, perpetual, royalty-free, fully paid, transferable, sub-licensable right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, distribute, prepare derivative works or, perform and otherwise fully exploit such User Content (including all intellectual property rights), in whole or in part, and in any format or medium currently known or developed in the future.
You acknowledge and agree that User Content may be viewed by other users, and notwithstanding these Terms, other users may share your User Content with third parties. Please do not publicly post or submit any User Content that you do not want publicly accessible or viewable, or that you do not have the rights to post.
o A physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed;
o Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material;
o Information reasonably sufficient to permit Us to contact you, such as an address, telephone number or email address;
o A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
o A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice of claims of copyright infringement should be provided to Our Copyright Agent via email to info@leisureworld.com, by phone to 949-723-4844 or via mail to the following address:
218 Marigold Ave
Corona Del Mar, CA 92625
We will terminate any user who may be deemed a repeat infringer.
When you use the Website, you acknowledge and agree that:
You are prohibited from creating, uploading, or sharing any content (including User Content) on the Website that does any of the following:
If you upload, submit, or share any content that violates these Terms (“Prohibited Content”), we may immediately suspend or terminate your access to the Website.
THE RRLH PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (D) YOUR INFORMATION CREATED THROUGH THE WEBSITE, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; OR (E) ANY ERRORS WILL BE CORRECTED.
THE RRLH PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM THE WEBSITE.
UNDER NO CIRCUMSTANCES WILL THE RRLH PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITE; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RRLH PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S OPERATION; OR (F) ANY DAMAGE TO ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF THE RRLH PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE RRLH PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF THE RRLH PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE WEBSITE, IN NO EVENT WILL THE RRLH PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00).
RRLH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE RRLH PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You agree to defend, indemnify and hold the RRLH Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected to your use or misuse of the Website or with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf): (A) your breach or alleged breach of these Terms; (B) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (C) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (D) any misrepresentation made by you; or (E) your breach or alleged breach of the representation and warranties set forth in these Terms. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without Our prior written consent.
Arbitration Agreement. If you pursue a legal claim against RRLH, you agree to arbitration (with limited exceptions and except where prohibited by law):
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Website shall be binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by these Arbitration Procedures.
The one exception is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Us any class action, class arbitration, or other representative action or proceeding.
Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can and decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against RRLH (except for small-claims court actions) may be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
This Website may contain content and hyperlinks to other sites owned and operated by parties other than RRLH, including but not limited to hyperlinks and third-party content related to products and services offered and provided by parties other than RRLH. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by RRLH, you acknowledge and agree that We are not responsible for and not liable for the content, products, services and other materials on or available from such websites, or for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such website. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. We are under no obligation to maintain any link on this Website and may remove a link at any time in Our sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. We are not responsible for the privacy practices of any other websites.
All notices to Us shall be in writing to either the e-mail address listed below and will be deemed given on the date received.
These Terms shall be governed in all respects by the laws of the State of California, without reference to its choice of law rules. Notwithstanding the foregoing, the Arbitration Agreement in these Terms above shall be governed by the Federal Arbitration Act. All claims arising out of or relating to these Terms, to the Website, or to your relationship with Us that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Orange County, California. You and Us consent to the exercise of personal jurisdiction of courts in the State of California and waive any claim that such courts constitute an inconvenience forum.
Additional terms and conditions may apply to specific features or your use of certain portions of the Website. These additional terms also are legally binding.
No Waiver. Any waiver of any provision of these Terms will be effective only if in writing and signed by or on behalf of Us. No failure or delay by Us in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, not will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. This provision will survive the termination of any and all of your transactions with Us.
Severability. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.
Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.
Assignment. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.
Entire Agreement. These Terms (which includes these Terms of Use, our Privacy Policy, and any other of Our terms that govern your use of the Website), constitutes the entire agreement between you and Us.
We reserve the right to update these Terms at any time in Our sole discretion, with or without advance notice. We will post any changes to the Terms on the Website so users are always aware of any change. All changes are effective immediately upon posting by Us. We encourage you to periodically review these Terms to stay informed of any changes. Your continued use of the Website constitutes your agreement to these Terms and any updates.
If you have any questions about these Terms, the practices of the Website, or your dealings with the Website, please contact us at info@leisureworld.com.
These Terms were last updated on 04-09-2021