This Internet website, including, but not limited to, all text, content, photographs, video, audio and graphics (collectively, this "Site") is provided by West Park and/or its parent, subsidiaries and affiliates (collectively referred to as "West Park"). Use of materials presented on this Site is subject to the following terms and conditions (collectively, these "Terms"). You agree to these Terms by accessing this Site. These Terms may periodically change without notice, so you should check these Terms before every attempt to use this Site.
You agree that you will not use this Site for any illegal purpose. In addition, you agree that: (a) you will not harvest, collect, or otherwise use contact information made available on this Site for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk e-mail (collectively, "spam") and that you will not use any West Park communications facility to deliver or attempt to deliver spam, (b) you will not attempt to gain unauthorized access to this Site or the servers and network associated with this Site, (c) you will not circumvent or attempt to circumvent any security or access control technology implemented on this Site, or the servers and network associated with this Site, (d) you will not use this Site in any manner designed to degrade the performance or functioning of this Site, including, without limitation, launching denial-of-service attacks against this Site, (e) you agree to protect the proprietary rights of West Park and all others having rights in this Site and to comply with all reasonable written requests made by West Park or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in this Site, (f)
USE OF MATERIALS ON THIS SITE
West Park authorizes you to view, download, and print content from this Site; provided that (a) the content may be used solely for personal, noncommercial, and informational purposes and (b) the content may not be modified. You may not otherwise reproduce, modify, distribute, repost, or otherwise use this Site without the express written permission of West Park.
COMMERCIAL USE OF WEBSITE CONTENT
Reproduction, copying or redistribution of content from this Site for commercial purposes is prohibited.
You acquire absolutely no rights or licenses in or to this Site nor to any content contained within this Site other than the limited right to utilize this Site in accordance with these Terms. Should you choose to download content from this Site, you must do so in accordance with these Terms. Such download is licensed to you by West Park ONLY for your own personal, noncommercial use in accordance with these Terms and does not transfer any other rights to you.
This Site is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. This Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up this Site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in these Terms and this Site.
Information that West Park publishes on this Site may contain links to other sites. West Park makes no representations about any other website that you may access through this Site. West Park does not endorse the products or services offered by any company or person linked to this Site nor is West Park responsible for any software or the content of any information published on this Site of any other party. You should take precautions when downloading files from this Site and all other websites to protect your computer software and data from viruses and other destructive programs.
DISCLAIMER AND LIMITATION OF LIABILITY
While West Park attempts to convey accurate and current information on this Site, the information provided on this Site may contain inaccuracies or other errors. Information provided here is "as is" and without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. West Park does not warrant or make any representation regarding the use or the results of the use of the information on this Site in terms of correctness, accuracy, timeliness, reliability or otherwise. You are advised to confirm the accuracy of any information presented at this Site before relying on it in any way. West Park has no intention of updating and specifically disclaims any duty to update the information on this Site.
Under no circumstances, including but not limited to negligence, shall West Park or any other party involved in creating, producing, or delivering this Site be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access to, or use of, this Site even if West Park has been advised specifically of the possibility of such damages. West Park does not warrant that the functional aspects of this Site will be uninterrupted or error free or that this Site or the server that makes it available are free of viruses or other harmful components. To the extent the applicable law does not allow for the limitation or exclusion of liability or incidental or consequential damages, in no event shall West Park total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this Site.
You agree, at your own expense, to indemnify, defend and hold harmless West Park and its employees, representatives, suppliers and agents (each, a "Related Party"), against any claim, suit, action or other proceeding ("Claims") brought against West Park or any Related Party by a third party, to the extent that such Claims brought against West Park or any Related Party is based on or arises in connection with this Site, or any links on this Site, including, but not limited to: (a) your use or someone using your computer's use of this Site, (b) your use or someone using your account, where applicable, (c) a violation of these Terms by you or anyone using your computer (or account, where applicable), (d) a claim that any use of this Site by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party, (e) any deletions, additions, insertions or alterations to, or any unauthorized use of, this Site by you or someone using your computer (or account, where applicable), (f) any misrepresentation or breach of representation or warranty made by you contained herein, or (g) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such Claims. West Park reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with West Park in asserting any available defense. You acknowledge and agree to pay West Park's reasonable attorney fees incurred in connection with any and all Claims brought against you by West Park under these Terms and any other terms and conditions of service on this Site, including without limitation, any Claims arising from your failure to indemnify The Watermark pursuant to these Terms.
If you do not agree with these Terms, do not use this Site. If any portion of these Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible, and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These Terms shall be construed and enforced in accordance with the laws of the state of California without regard to its conflicts of laws provisions. Any action to enforce these Terms shall be brought in the federal or state courts located in the state of California.
This Site is controlled and operated by West Park in the United States and is intended for use within the United States. West Park makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.