Terms of Use

Last Revised September 8, 2014

M.V. Partners (collectively with its affiliates, "Azulón®" or "we") welcomes you to its website, www.azulonapts.com (the "Website") and to the Azulón Mesa Verde® residential community. Use of the Website is subject to the following Terms of Use ("Terms"), together with the Privacy Policy.

1. Acceptance of Terms of Use

By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms, including the Privacy Policy, which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Website or any of its content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE WEBSITE AND ITS CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE AND AZULÓN®'S PRIVICY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE WEBSITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the "Last Revised" legend at the top of this page. Each time you access, use or browse the Website, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Website and information collected from you on and after the Last Revised date, unless we have other communications with you.

Azulón® may make changes to the Website, content, services or features of the Website at any time. You understand and agree that Azulón® may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice.

2. Permitted Users of the Website

The Website is directed to persons 18 years of age or older. If you are under age 18, you are not permitted to submit any personally identifiable information to Azulón® on the Website or offline. If you provide information to Azulón® through the Website, you represent that you are 18 years of age or older.

3. Privacy Policy

Please review the Privacy Policy for the Website, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Website.

4. Permitted Uses

The content available through the Website, including without limitation any text, documents, blue prints, drawings, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, floor plans, software and other information and materials (the "Content") is the sole and exclusive property of Azulón®, its licensors, or other content providers.

The Content is made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Website or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.

Special terms may apply to some services, features or products offered on the Website, or when you register, enroll or participate in any recreational, educational or entertainment activities for the Azulón® community; surveys or questionnaires; promotions or sweepstakes; or any other services, events or activities sponsored by by Azulón® or third parties, or offered in connection with the Website (collectively, "Activities") that may be offered on the Website or offline. Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are applicable to the particular Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.

5. Proprietary Rights

You acknowledge and agree that, as between Azulón® and you, all right, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Azulón® or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws.

Copyright: All Content is the copyright and property of Azulón® or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Website or the Content other than as expressly authorized by Azulón® in writing.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to Azulón® or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors. Third party trademarks referenced in the Website do not constitute or imply affiliation with, endorsement of, or recommendation of Azulón® by the respective trademark owners, or by Azulón® of the respective trademark owners. Without limitation, Azulón® at Mesa VerdeTM is a trademark owned by M.V. Partners.

6. Account Password and Security

The Website may contain features that require registration of a username and password ("Account"), including the password-protected resident account system. You agree to provide only accurate and truthful information in creating or maintaining an Account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. If you are using a username and password associated with an Account of a resident of the Azulón at Mesa Verde® residential community, you represent that you have authority from such resident to use such resident's Account and to act on behalf of such resident. You agree to (a) log out of the Account at the end of each session; (b) keep the password confidential and not share it with anyone else; and (c) immediately notify Azulón® of any unauthorized use of the password or Account or any other breach of security. Azulón® reserves the right to delete, modify or remove any content on any Account at any time in its sole discretion. You are solely responsible to backup any content that you do not want deleted, modified or removed from the Account. Azulón® is authorized to act on instructions received through use of the Account password, and is not liable for any loss or damage arising from your failure to comply with this Section.

7. Your Indemnity of Azulón®

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AZULÓN® AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS AND SPONSORS, BROKERS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM (collectively, the "Azulón® Parties"), AND EACH OF THEM, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, PENALTIES, FINES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES), WHETHER INCURRED BY OR MADE AGAINST AN AZULÓN® PARTY AND WHETHER MADE BY YOU, OR ON YOUR BEHALF, OR BY ANY THIRD PARTY ARISING OUT OF OR RELATING TO (A) YOUR USE OF OR RELIANCE ON THE WEBSITE OR ITS CONTENT; (B) YOUR DEALINGS IN CONNECTION WITH THE WEBSITE; (C) YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO AZULÓN® OR THE WEBSITE; (D) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF AZULÓN® OR ANY THIRD PARTY; OR (E) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY.

8. Links to Other Websites

The Website may contain advertisements, postings and links to websites operated by other parties. The Website provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. Azulón® is not responsible for the content or privacy practices of other sites. Azulón® disclaims all liability with regard to your access to and use of any information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Azulón® is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

9. Modifications, Suspension and Termination

Azulón® reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Website, Content or Activities, or any portion thereof, with or without notice. You agree that Azulón® will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, Content, Activities or any portion thereof.

Azulón® reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Website, Content or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Azulón® shall not be liable to you or any third party for any such suspension, discontinuance or termination.

10. Disclaimers and Limitation of Liability

THE WEBSITE AND ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AZULÓN® MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.

AZULÓN® MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AZULÓN® AND ALL OF THE AZULÓN® PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IN LAW OR IN EQUITY, AND FURTHER DISCLAIM ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, EVEN IF AZULÓN® OR ANY OF THE AZULÓN® PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

11. Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this service is M.V. Partners, dba Azulón at Mesa Verde®, 1500 Mesa Verde Drive East, Costa Mesa, CA 92626, (714) 438-1500. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to info@azulonapts.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

12. Governing Law and Disputes

You agree that any dispute between you and Azulón® arising out of or relating to these Terms, the Privacy Policy, the Website or its Content will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of "class," "joint" or "representative" litigation (including in any "private attorney general capacity") against Azulón®. The laws of the State of California, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Orange County, California, U.S.A., and must be commenced within six (6) months after the dispute arises or any claim arising from the dispute shall be barred.

The Website is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Azulón® does not represent that the Website or Content is appropriate outside the United States of America. Azulón® reserves the right to limit the availability of the Website for any person, geographic area or jurisdiction at any time in its sole discretion.

13. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Azulón®'s failure to act with respect to any failure by you or others to comply with these Terms does not waive Azulón®'s right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and Azulón® with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Azulón®, and any assignment or transfer in violation of this provision shall be null and void. Azulón® reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Website, including without limitation the right to block access from a particular internet address.