When you use our services, such as the Topanga Village website, you are agreeing to the terms discussed below. We understand you are placing your trust in us, and we will work hard to continue to deserve it.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS AGAINST RELEASED PARTIES (DEFINED IN SECTION 8) TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE CLICK HERE TO READ AND REVIEW THE ENTIRE SECTION LABELED “ARBITRATION AGREEMENT” BELOW. BY USING THE PLATFORM AND SERVICES AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
If you are accepting or agreeing to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to these terms.
1. ABOUT THESE TERMS
Platform Rules and Supplemental Terms
YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
Updating the Terms
Topanga Village reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Platform after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. This provision is subject to a few limitations in the “Dispute Resolution” section below. If the amended Terms are not acceptable to you, your only recourse is to stop using the Platform.
No other modification, amendment, supplement of or to the Terms will be binding on Topanga Village unless it is in writing and signed by an authorized representative of Topanga Village.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Platform and may subject you to civil and criminal penalties.
2. IMPORTANT INFORMATION ABOUT THE PLATFORM
License to Use
Subject to your compliance with the Terms, we grant you a limited non-exclusive, non- transferable, non-assignable and non-sublicensable license to access and use the Platform and Services, for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by Topanga Village, in the manner permitted by the Terms.
YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:
Modifications and Updates to the Platform
Topanga Village reserves the right, in its sole discretion, to modify or discontinue offering the Platform, in whole or in part, or any features, functionality, tools or Content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of Your Content or of User Content at our sole discretion at any time without prior notice to you.
You agree that Topanga Village has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools, or Content, and will not be liable with respect to any such modifications, discontinuance, or deletions.
The Platform is controlled and operated within the United States and is not intended for use outside of the United States. You are hereby prohibited from accessing or using the Platform from any territory where the Platform or any of the features, functionality, tools, Content thereof, is illegal. If you choose to access the Platform from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules, and regulations, including export laws and any regulations and local laws regarding online conduct and content.
3. USER CONDUCT GUIDELINES
Any time you access or use the Platform, you are required to comply with our User conduct guidelines, as set forth below.
You agree that you will access and use the Platform and Services for your personal use only.
Public Areas: Your Content may be viewed by other Users through the Platform and by other persons or entities, including through third party services. Thus, you should only capture, record, upload, stream, share or store videos, images, information, and other content that you are comfortable sharing with others.
You agree that you will not access or use the Platform to capture, record, upload, stream, share or store any video or images, or otherwise act in any manner, that:
Further, you may not:
Responsibility for User Content
Ultimately, all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed in such User Content. You understand that by using the Platform, you may be exposed to User Content that is offensive, harmful, inaccurate, misleading, fraudulent, or otherwise inappropriate. Under no circumstances will Topanga Village be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content.
We may, but are not required, to monitor or control the User Content captured, recorded, uploaded, streamed, shared, or stored on or through the Platform, and we cannot take responsibility for such User Content. Any use or reliance on any User Content is at your own risk.
If you feel that another User has violated the Terms, abused the Platform, or otherwise acted inappropriately, you may report the User to Topanga Village by filling out this form. Topanga Village reserves the right, but assumes no obligation, to investigate and take appropriate action in response to such reports. Regardless of its action or inaction, in no event will Topanga Village be liable for the acts or omissions of any User or any third party.
If you are a California resident, you may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. See the “California Residents” subsection below for the full information required under California Civil Code §1789.3.
Topanga Village reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law.
Without limiting the foregoing, you acknowledge that Topanga Village has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Platform or Services by any User, to access, review, preserve and disclose any User Content, or to remove or disable access to any User Content, if we believe in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against Topanga Village, (iii) to enforce and to ensure a User’s compliance with the Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of Topanga Village, its Users or members of the public, and (vi) for the purpose of operating and improving the Platform and Services (including for customer support purposes).
You agree to cooperate with and assist Topanga Village or its representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.
When an issue arises, we reserve the right to consider such User’s performance history and the specific circumstances in applying our policies, and to determine how strictly to enforce such policies in an effort to achieve a fair outcome for all parties involved.
4. INTELLECTUAL PROPERTY OWNERSHIP
The Platform and Services, including all features, functionality, tools, and Content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Platform and Services, and all intellectual property rights therein are the exclusive property of Topanga Village and its licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Platform or Services.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Topanga Village (the “Topanga Village Marks”) are the property of Topanga Village and/or its affiliates, that the trade names, logos, and other trademarks and service marks of Topanga Village’s licensors are the property of such licensors and that you are not permitted to use any of the foregoing without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Platform or Services in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Topanga Village or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation at any time at Topanga Village’s sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Topanga Village or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
By capturing, recording, uploading, streaming, sharing or storing Your Content, you hereby grant Topanga Village a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display Your Content in any and all media as necessary to provide the Services to you, including, customer support services, and otherwise operate the Platform, including for product development and de-bugging purposes.
You agree that this license includes the right for Topanga Village to provide, promote, and improve the Platform and Services, and the products available through the foregoing, and to make Your Content available to other companies, organizations or individuals who have a business relationship with Topanga Village (“partner”) for the syndication, broadcast, distribution, or publication of such content on other media and services, subject to our terms and conditions for such use.
Such additional uses by Topanga Village, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to Your Content.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services, or media. You further grant us the right to use, copy, distribute, post, broadcast, publicly perform, publish, and display your name, city, state, and other information in connection with Your Content as described herein or elsewhere on the Platform, subject to any applicable data protection laws.
Topanga Village does not claim any ownership rights in Your Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit any such content, subject only to the licenses granted to Topanga Village under these Terms.
You acknowledge and agree that you are solely responsible for Your Content, and for any consequences thereof, including the use of Your Content by other Users and our third-party partners.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to Your Content, and that neither Your Content, nor Topanga Village’s use of Your Content (or any portion thereof) on or through the Platform or in connection with the Services will infringe, misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation.
You understand that Your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Your Content for such use, it may subject you to liability. Topanga Village will not be responsible or liable for any use of Your Content by Topanga Village, any other User, or any third party in accordance with the Terms.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Platform and the products sold through the Platform (“Feedback”). You may submit Feedback by submitting responses to any surveys provided to you by us or on our behalf. You acknowledge and agree that all Feedback you give us (i) will be treated as non- confidential, and (ii) will be the sole and exclusive property of Topanga Village. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Topanga Village or its affiliates or partners for any purpose whatsoever, including developing, improving, and marketing products. You hereby irrevocably transfer and assign to Topanga Village all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Topanga Village’s rights in such improvements, enhancements, and modifications.
5. COPYRIGHT POLICY
Topanga Village respects copyright law and the intellectual property rights of others, and we expect our Users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. In appropriate circumstances, we will restrict access for Users who are determined to be repeated copyright infringers.
If you believe that your proprietary work has been copied in a way that constitutes copyright infringement by any Content or material on our Platform, please e-mail our registered agent for notification of claims of infringement pursuant to Section 512(c) of the Copyright Act by filling out this form. In your notice, please provide the following information:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of the material that you claim 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 sufficient to permit us to locate the material;
4. your contact information, including your address, telephone number and e-mail address;
5. 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
6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion.
If you believe that any of Your Content was improperly disabled or removed from the Platform, or your access was improperly disabled, please provide the following Counter- Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
1. your physical or electronic signature.
2. a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
(See 17 U.S.C. Section 512(c)(3) for further detail about the Digital Millennium Copyright Act).
Our designated copyright agent for notice of alleged copyright infringement is:
GKT Village at Topanga, LLC
Attn: Copyright Agent
6256 Topanga Canyon Blvd
Woodland Hills, CA 91367
6. NO ENDORSEMENTS
Users are required by the Terms to provide accurate information and, although Topanga Village may conduct certain limited checks and/or institute certain processes designed to help verify information provided by Users, we do not guarantee the completeness or accuracy of any information provided by any User, including the User’s purported identity, credentials, or background.
Any indication that a User has been “verified” (or similar language) only means that the User has completed a relevant verification process. It is not an endorsement, certification or guarantee by Topanga Village about the User, including of the User’s identity, credentials, or background. Any such description is intended only help you to evaluate and you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform.
We recommend that you exercise due diligence when deciding to communicate or interact with another User, and we will not be responsible or liable for any damage or harm resulting from your interactions with other Users.
Third Party Websites, Apps and Services
The Platform may also provide links to third-party websites, resources, or services, including, for example, those of TV Tenants. You acknowledge and agree that Topanga Village is not responsible or liable for (i) the availability, terms or practices of such websites, resources, or services, or (ii) the content, products, or services available on or through such websites, resources, or services, including that any information provided is complete, accurate or up to date. Links to such websites, resources or services do not imply any endorsement by Topanga Village of such websites, resources or services or the content, products, or services available on or through such websites, resources, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products, or services available on or through such websites or services and any interactions, communications, or transactions with any such parties including, without limitation TV Tenants.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products, or services available on or through such websites, apps, or services.
7. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION
Warranties by Users
You represent and warrant to Topanga Village that:
1. you have the power and authority to accept and agree to the Terms;
2. you own or control all of the rights necessary to grant the rights and licenses granted herein;
3. you will not violate any federal, state, or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy, or publicity-related rights, in connection with Your Content or otherwise in connection with your access to or use of the Platform and Services;
4. the exercise by Topanga Village of the rights granted by you hereunder will not cause Topanga Village to violate any applicable laws, rules, or regulations, to infringe the rights of any third party; and
5. all account information provided by you will be complete, accurate and up to date when provided, and updated as necessary to ensure that it remains complete, accurate and up to date.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, TOPANGA VILLAGE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE PLATFORM OR SERVICES, OR THAT USE OF THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY PLATFORM CONTENT.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TOPANGA VILLAGE AND YOU AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW.
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Topanga Village, its parent, subsidiaries, affiliates, licensors, partners and Service Providers, and its and their officers, directors, shareholders, members, managers, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Platform, including any and all features, functionality, tools, Content and promotions available on and through the Platform, (ii) Your Content, (iii) any interactions with any other User, (iv) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (v) your gross negligence or willful misconduct.
Obligation to Defend
You agree that, at Topanga Village’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) Topanga Village may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Topanga Village (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
No Implied Indemnity
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
8. GOVERNING LAW AND DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TOPANGA VILLAGE HAVE AGAINST EACH OTHER ARE RESOLVED
The Terms shall be governed by and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. Arbitration Agreement
Notwithstanding any contrary provision of these Terms: (i) any and all disputes you may have with, or claims you may have against, us relating to, arising out of or connected in any way with (a) these Terms, (b) the Platform or the Services, or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with its rules; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Los Angeles, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other Supplemental Terms that you may have entered into in connection with the Platform or the Services; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or our individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against you or us; (viii) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost- prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor us shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
Jurisdiction and Venue
Subject to the above arbitration provisions, you and Topanga Village agree that any and all disputes, claims and actions, at law or in equity, arising out of or relating to or in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform (collectively, “Disputes”) shall be submitted in the federal or state courts located in the City and County of Los Angeles, State of California and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions, except that Topanga Village retains the right to submit a Dispute to any court of competent jurisdiction. Topanga Village also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST TOPANGA VILLAGE ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND TOPANGA VILLAGE OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Future Amendments to this Section
Both of us agree that if we make any amendment to this Governing Law and Dispute Resolution section (other than an amendment to any notice address or site link provided herein) in the future, that amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other Disputes or claims governed by this section that have arisen or may arise between you and Topanga Village. We will notify you of amendments to this section by posting the amended Terms on [insert URL]. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Platform immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Topanga Village in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation, or sublicense without the foregoing consent will be null and void. Topanga Village may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
Survival of Terms
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Topanga Village (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Platform. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt. For notices made by posting to the App or Website, the date on which such notice is posted will be deemed the date of receipt.
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void, or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
Third Party Beneficiaries
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto. Construction
In the Terms, unless the context requires otherwise: (i) “herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears; (ii) “or” connotes any combination of all or any of the items listed; and (iii) “including” (and any of its derivative forms) means “including but not limited to.”
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the Platform or Services or requests to receive further information regarding use of the Platform or Services may be sent to the address listed in the Contact Us section or by email to email@example.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 N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)- 928-1227, see www.dca.ca.gov for additional information.
10. CONTACT US
If you have any questions or concerns, please contact Topanga Village below:
GKT Village at Topanga, LLC
6256 Topanga Canyon Blvd
Woodland Hills, CA 91367
Copyright © GKT Village at Topanga, LLC. All rights reserved.