Last Revised June 29, 2020
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 (together with the Privacy Policy, “Terms”).
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, 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 PRIVACY 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.
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 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 Verde is a trademark owned by M.V. Partners.
Azulón respects the intellectual property rights of others and we ask that users of the Website do the same.
If you believe that your intellectual property is being used on the Website in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit Azulón or our Designated Agent to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
- a statement that the complaining party has 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
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to our Designated Agent, whose contact information is as follows:
General Counsel, South Coast Plaza, 3315 Fairview Road, Costa Mesa, California 92626
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to Azulón may be shared with third parties, including the person who provided Azulón with the allegedly infringing material.
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
TO THE MAXIMUM EXTENT PERMITTED BY LAW 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 CONTENT OR MATERIALS YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE TO OR THROUGH THE WEBSITE OR ANY AZULÓN PARTY; (D) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY AZULÓN OR 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. The advertisements, postings and linked sites are not under the control of Azulón® and Azulón is not responsible for the content or privacy practices of other sites. Such advertisements, postings or links or references to other parties’ products or services do not imply Azulón’s endorsement of information, material, products or services of any other party or any other website, or by any other party of Azulón. 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, STATUTORY LIABILITY OR OTHERWISE, IN LAW OR IN EQUITY, AND FURTHER DISCLAIM ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL DAMAGES OR INCREASED DAMAGES OR DAMAGES TO BUSINESS REPUTATION, DAMAGES ARISING FROM LOSS OF BUSINESS WITH THIRD PARTIES, OR LOSS OF PROFITS FROM TRANSACTIONS WITH THIRD PARTIES, WHETHER ANY OF THE FOREGOING ARE FORESEEABLE OR NOT, AND HOWEVER CAUSED, ARISING OUT OF OR IN ANY WAY RELATING TO OR 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. If it is finally determined by a Court of law or in binding arbitration that the limitation of liability set forth in this Section 10 does not apply to you, then you agree that AZULÓN’s total liability in the aggregate for any claims made by you or any third party on your behalf shall not exceed one hundred dollars ($100.00).
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, Management Offices, 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) 445-1254 or (800) 952-5210.
12. Arbitration, Governing Law and Disputes
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CONTACTING AZULÓN® AT info@azulonapts.com OR CALLING 1-714-438-1500. IN THE UNLIKELY EVENT THAT AZULÓN IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THESE TERMS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. AZULÓN WILL PAY ALL ADMINISTRATIVE COSTS OF THE ARBITRATOR, FOR SUCH AN INDIVIDUAL CLAIM, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS OR BROUGHT IN BAD FAITH. HOWEVER, IN ARBITRATION, BOTH YOU AND AZULÓN WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD IN COURT.
Arbitration Agreement:
(a) AZULÓN and you agree to arbitrate any and all disputes and claims between us arising out of or relating to the Terms, or use of the Website, via the Website or through mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. This arbitration agreement is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including seeking injunctive and other equitable relief, may be brought in a court of competent jurisdiction. The agreement to arbitrate otherwise includes, but is not limited to: claims based in contract, tort, warranty, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Terms (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to our Website; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of these Terms.
For purposes of this arbitration agreement, references to ” AZULÓN,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior agreements between us relating to or arising from any aspect of your use or access of the Website. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into these Terms, you and AZULÓN are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of the Terms or your relationship with AZULÓN for any reason.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to AZULÓN should be addressed to: General Counsel – Arbitration Demand, 3315 Fairview Road, Costa Mesa, California 92626 (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from AZULÓN (“Demand”). If AZULÓN and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AZULÓN may commence an arbitration proceeding.
(c) After AZULÓN receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The filing fee currently is $200, but is subject to change by the arbitration provider. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration agreement as well as the Terms’ other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration agreement or any other term of the Terms including, but not limited to any claim that all or any part of this arbitration agreement or the Terms is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether these Terms permit class or representative proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by these Terms, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless AZULÓN and you agree otherwise, any arbitration will be governed by the substantive laws of your state in the United States, and hearings will take place in the county (or parish) of your billing or registered address in the United States. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, AZULÓN will pay all AAA filing, administration and arbitrator fees for any individual (but not class or representative) arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the United States Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AZULÓN for all monies previously disbursed by it that are then your obligation to pay under the AAA Rules.
During the arbitration, the amount of any settlement offer made by AZULÓN or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AZULÓN is entitled. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers in compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).
(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(e) YOU AND AZULÓN AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If the immediately foregoing sentence is found to be unenforceable in its entirety, then the entirety of this arbitration agreement shall be null and void. However, if only a portion of such sentence is found to be unenforceable, then the unenforceable portion of the sentence shall be stricken, and the remainder of the sentence enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
(f) Notwithstanding any provision in these Terms to the contrary, we agree that if AZULÓN makes any change to this arbitration agreement (other than a change to the Notice Address) after your use of the Website, you may reject any such change and require AZULÓN to adhere to the language in this arbitration agreement as written at the time of your use of the Website if a dispute between us arises, by providing Notice to AZULÓN at the Notice Address in subsection (b) above.
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 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.