TERMS OF USE AGREEMENT & CONDITIONS

PLEASE READ THESE ‘TERMS OF USE’ CAREFULLY DESCRIBING YOUR
RIGHTS AND RESPONSIBILITIES.

This is the official Terms of Use Agreement (“Agreement”) for CAL 1st Holding Corporation. All terms referenced as, (“site,” “we,” “us,” “our”), or (“Turn-Key”), an Internet website and programming service, applies, whether you are accessing the site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered.  The ‘Turn-Key Channel’ and website (“Turn-Key”) are provided by  Cal 1st Holding Corporation).  This Agreement governs only the content, features, and activities related to this website.
This Site is offered and made available only to users 13 of age or older and certain features, (including, but not limited to), user registration and newsletter signups), may be subject to age and/or other eligibility requirements.  If you are not at least 13 years of age or you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the site immediately. By accessing and or attempting to use the site, you certify that you are at least 13 years of age and meet other eligibility and residency requirements.
These terms and conditions regarding your use of the site constitute a legally binding agreement between you and CAL 1st Holding Corporation and any associated parent companies.  In this Agreement, the term “site” includes all websites and web pages owned by CAL 1st Holding Corp as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the site.  By using this site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (additional terms).

TERMS OF USE
By accessing this site, you are agreeing to be bound by these terms and conditions of use, all applicable laws and regulations, and agree to responsibility for compliance with any applicable local laws.  If you do not agree with any of these terms, you are prohibited from using or accessing this site.  The materials contained on this site are protected by applicable copyright and trade mark laws.

Intellectual Property Rights:  All copyrights, trademarks, patents and other intellectual Property rights in and on our website and all content and software located on the site shall remain the sole Property of CAL 1st Holding Corporation or its licensors.  The use of all trademarks, content and intellectual Property is forbidden without the expressed written consent of www,cal1stholdingcorp.com.

You Must Not:  Sell, rent, reproduce, duplicate, alter, copy or otherwise exploit material from our website without prior written consent from CAL 1st Holding Corporation.     

Rules of Conduct\Acceptable Use:  You agree to use our website for lawful purposes only and in no way that restricts, inhibits or infringes on, the usage or accessibility of others.  Prohibited behavior includes harassing, causing distress, or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue.  You must not use our website to send unsolicited commercial communications.  You must not use the content on our website for any marketing related purpose without our expressed written consent. 

Restricted Access:  We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so.  If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Revisions:  CAL 1st Holding Corporation reserves the right to change or amend these terms from time to time and users should check regularly for any updates or changes.  Your continued use of our website will be deemed acceptance of the amended terms.  If you do not agree to the changes, you should cease using our site immediately. Any terms deemed to be illegal, invalid or otherwise unenforceable, shall be deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Limitation of Liability:  THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRIDGEMENT OF INTELLECTUAL Property, OR FITNESS FOR ANY PARTICULAR PURPOSE.  IN NO EVENT SHALL CAL 1ST HOLDING CORPORATION OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOVER (INCLUDING, WITHOUT LIMITATION), DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF CAL 1ST HOLDING CORPORATION HAS BEEN ADVISED OF OF SUCH LOSS OR DAMAGES.

Advertising:  Website visitors may receive communications from, be redirected to, interact with, participate in, use the services of, or obtain goods and services from third parties, such as advertisers, sponsors, or promotional partners (collectively called “Advertisers”). All such communication, interaction and participation is strictly and solely between the visitor and such Advertisers. CAL 1st Holding Corporation shall not be responsible or liable in any way in connection with any  activities, transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist) between the visitor and the Advertiser, or any goods or services purchased or obtained from any Advertiser).
Indemnification:  You agree to indemnify, defend and hold the website, Turn-Key, the Parent Companies, and any affiliates, successors, assignees, officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorney’s fees), resulting from any breach or violation of this Agreement by you, or public postings.
The Parent Companies reserve the right to assume, at sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Parent Companies in the defense of any such claim, action, settlement or compromise negotiations, as requested.

Limitations on Use:   The following activities are prohibited: (a) Use of web-accelerated browsers or products, including but not limited to: NetJet, NetSonic, MSIECrawler and Teleport-Pro, or other applications that are capable of copying large portions of content from the Site.  Cal 1st Holding Corporation can detect the use of these systems through live log file analysis and will ban any future use by offenders.  (b) Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).  We are able to detect robots violating the guidelines and will ban any offenders.  If you are using a robot/crawler to check realestateclubla.com links, it must operate according to the robot guidelines (see above).  Do not leave new robots unattended and allow a minimum of 1 minute between automated requests. (c) Use any device, software or routine or the like to interfere or attempt to interfere with any Site’s functionality (d)  Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure (e)  Use any email addresses appearing on the Site for purposes not relating specifically to the Site (f)  Access the Site by any means other than through the interface that is provided by Cal 1st Holding Corporation, or attempt or access any area of the Site to which your access is not authorized, or (g) Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Representations and Warranties:  You represent and warrant to CAL 1st Holding Corporation that: (a) you possess the legal right and ability to enter into this Agreement, (b) all information submitted by you to the Site is true and accurate, (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission, (d) you are at least 18 years old and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

Disclaimer of Warranties:  ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE OR EMAILS OF CAL 1st HOLDING CORPORATION AND ITS AFFILIATES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND REIC OF LA AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING. CAL 1ST HOLDING CORPORATION DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME, (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE OR THE EMAILS SENT BY CAL 1ST HOLDING CORPORATION, (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE, (d) FUNCTIONALITY, (e) LACK OF VIRUSES, (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR, (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE OR THE EMAILS SENT BY CAL 1ST HOLDING CORPORATION WILL MEET ANY PARTICULAR CRITERIA, PERFORMANCE OR QUALITY.

Limitation of Damages:  IN NO EVENT WILL CAL 1ST HOLDING CORPORATION OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF CAL 1ST HOLDING CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability\Exclusive Remedy:  CAL 1ST HOLDING CORPORATION AND NONE OF ITS AFFILIATES SHALL BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY CAL 1ST HOLDING CORPORATION FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.

Indemnity:  You agree to indemnify, hold harmless, and pay all attorney fees and costs, if we are found liable or responsible for any damages in connection with your breach of this Agreement.  You may not settle any dispute without our prior consent, which may only be given by non-electronic signature and received by an authorized representative of CAL 1st Holding Corporation.

Print a Copy for Your Records:  You agree to retain a copy of this Agreement (and any amendments) for your records. You also agree to retain a copy of any other information that we deliver to you in writing.

Applicable Law and Disputes:  This Agreement is governed by the laws of the State of California, without regard to principles of conflict of laws.  To the extent you have in any manner violated or threatened to violate CAL 1st Holding Corporation and/or its affiliates intellectual Property rights, CAL 1st Holding Corporation and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:  If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in Los Angeles County.  Any costs and fees, other than attorney fees, associated with the mediation will be shared equally.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to a binding arbitration at the following location: Cal1stinvestments@gmail.com, under the rules of the American Arbitration Association.  Judgment upon the award rendered from the arbitration may be entered in any court with jurisdiction to do so.

Amendments:  CAL 1st Holding Corporation maintains the right to change the provisions of this Agreement at will. Should this occur, CAL 1st Holding Corporation will notify you, within a reasonable amount of time, by email or online postings.  The changes will also appear in this document, which can be accessed online.   If you do not agree to be bound by the amended changes, you should immediately cease usage of the site and cancel your subscription.

Attorney Fees:  In any action, proceeding or arbitration between the parties of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs from the non-prevailing party.

 

 

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