CommonAreas.com Terms of Service
The commonnareassta.wpengine.com, commonareas.io and all unique commonareas.io subdomains (e.g., companyname.commonareas.io websites) collectively (“the Website”) are owned and operated by Common Areas, LLC. (“Common Areas”). The following Terms of Service (“Terms”) govern your access to and use of Common Areas’ services and the Website (“the Services”), and any content, including without limitation, information, text, graphics, photos, sounds, music, videos, captions, scripts, data, plans, specifications or other materials or interactive features uploaded, downloaded, or appearing on the Website (collectively, “the Content”). Further access to and use of the Services are conditioned upon your acceptance of the Terms, and you agree to be bound by these terms by accessing or using the Services. If you do not agree, you do not have the right to access or use the Services.
You agree to these Terms on behalf of the company or other legal entity for which you are acting, or, if there is no company or legal entity, on behalf of yourself as an individual. You represent and warrant that you have the authority to act on behalf of and bind such entity, to the extent there is one, and yourself.
The Terms of Service may be updated from time to time, and applies to your access to and use of the Services on and after the date that this Terms of Service is posted. It is your sole responsibility to check the date of the Terms of Service and review any changes since the last version and to determine, in consultation with your independent legal counsel, whether to access or use the Services, understanding that you, and any company or legal entity on whose behalf you may be accessing the Website, Services, or Content, shall be bound by the Terms set forth herein.
2) ACCESS. Common Areas grants you a limited, revocable, non-sublicensable, non-exclusive license to access the Services. In exchange for the limited license provided for herein, you agree to (1) abide by the Terms of Service set forth herein and (2) forever release, discharge and hold Common Areas and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers harmless from and against any and all damages arising out of or related to the use of the Website, Services, or Content.
a) Age. The Services are not directed at children under 13 and Common Areas does not knowingly collect any personal information from children under 13. If you are under 13, you should not register to become a member or provide any personal information through this Site. If you are under 18, you may use the Services only with the approval of a parent or guardian.
b) In order to access some features of the Services, you will need to create an account. You may never use another user’s account without the account holder’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs on your account.
c) You are responsible for safeguarding the password that you use to access the Services and for any activities that occur under your password. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account, but you will be liable for any losses sustained by Common Areas or others due to such unauthorized use. You must notify Common Areas immediately of any breach of security or unauthorized use of your account.
3) CONDITIONS OF USE.
a) By using the Services, you agree to comply with each of the following conditions:
i) You will not post Content or take any action on the Services that infringes or violates someone else’s rights or otherwise violates the law. Posting Content which infringes on the rights of another entity or individual, including but not limited to, intellectual property, copyrights, trademarks, or other rights is a violation of the Terms of Service, and you agree to indemnify, immediately defend, and hold harmless Common Areas and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all claims, losses, demands, and damages, including attorneys’ fees and costs, arising out of our or in any way related to such infringement, or allegation of infringement, to the fullest extent permitted by law.
ii) If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
iii) You will not use Common Areas’s copyrights or trademarks, or any confusingly similar marks, except as expressly permitted with our prior written permission.
v) You will not post anyone’s identification documents or sensitive financial information on the Services.
vi) Common Areas, in its sole discretion, shall have the right to disable, suspend, limit, or terminate the limited license provided for in this Agreement, for any reason, or no reason at all.
b) Users of the Services must provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
i) You will not provide any false personal information on the Services, or create an account for anyone other than yourself without permission.
ii) You will not provide any false company information on the Services, or create an account for a company without the appropriate authority and permission of that company.
iii) You will not create more than one personal (base) account.
iv) If we disable your account, you will not create another one without our permission.
v) You will not use Common Areas if you are under 13 years old.
vi) You will keep your contact information accurate and up-to-date.
vii) You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
viii) You will not transfer your account to anyone without first getting our written permission.
c) Common Areas in no way warrants or guarantees that the Services or Content on the Website are safe or accurate. We need your help to keep the Services safe, which includes the following commitments by you:
i) You will not post unauthorized commercial communications (such as spam) on the Services.
ii) You will not collect users’ Content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers).
iii) You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Services.
iv) You will not upload viruses or other malicious code.
v) You will not solicit login information or access an account belonging to someone else.
vi) You will not bully, intimidate, or harass any user.
vii) You will not upload or post Content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
viii) You will not upload or post any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party.
ix)You will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes on the Services.
x) You will not use the Services, either directly or in connection with, anything unlawful, misleading, malicious, or discriminatory.
xi) You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.
xii) You will not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services.
xiii) You will not access, tamper with, or use non-public areas of the Services, Common Areas’s computer systems, or the technical delivery systems of Common Areas’s providers.
xiv) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
xv) You will not access or search or attempt to access or search the Services by any means other than through our currently available interfaces.
xvi) You will not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false-source identifying information.
xvii) You will not do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other functionality.
xviii) You will not facilitate or encourage any violations of these Terms of Service or our policies.
d) You are responsible for your security on your end. By your continued use of the Services, you acknowledge that your access to the Services and your Content may occasionally be disrupted. You are at all times responsible for storing any maintaining any such backup copies of your Content.
e) You own all of the Content and information you post on the Services.
i) You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you upload to the Services or post on the Services provided that such use does not include any your name or company name without your written consent. This includes the right for Common Areas to access, store, and use Content for marketing purposes, generating analytical reports, for comparative tracking and reporting, and similar suitable business purpose.
ii) When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others unless you or others have previously shared the content and they have not deleted it).
iii) When you publish content or information using the sharing or autoshare setting, it means that you are allowing those included on the sharing list, possibly including people off of the Services, to access and use that information, and to associate it with you (i.e., your name and profile picture).
iv) You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any Content that is visible to them on the Website.
v) You are responsible for all of your Content and for ensuring that your Content and its use with any of the Services comply with all applicable laws and regulations and these Terms.
vi) You represent and warrant that your Content will not infringe or misappropriate any intellectual property of proprietary rights of any person or violate any applicable laws or regulations.
Failure to comply with these conditions may lead to you being immediately and permanently banned from the Services.
4) COMMON AREAS RIGHTS.
a) All right, title and interest in and to the Services are and will remain the exclusive property of Common Areas and its licensors. The Services are protected by copyright, trademark, patent, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Common Areas name, or any of the Common Areas trademarks, logos, domain names, and other distinctive brand features.
b) Common Areas always appreciates your feedback, comments, or suggestions. Any feedback, comments, or suggestions you may provide regarding the Services or Common Areas is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you, just as you have no obligation to offer them.
c) Common Areas reserves the right to monitor the Services for any potentially illegal activities, and to inform the appropriate law enforcement authorities upon discovery at our sole discretion. Nothing in these Terms of Service should be interpreted as obligating Common Areas to so monitor the Services.
d) Common Areas can remove any content or information you post on the Services if we believe that it violates these Terms of Service or our policies.
e) Common Areas reserves the right to remove or reclaim a username or similar identifier for your account it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name)
f) The Services that Common Areas provides are always evolving and the form and nature of the Services that Common Areas provides may change from time to time without prior notice to you. In addition, Common Areas may stop, either permanently or temporarily, providing the Services, or any particular feature of the Services to you or to users generally and may not be able to provide you with prior notice. We reserve the right to take the Services offline for maintenance, repairs, power, internet, or other outages, and upgrades, for an indeterminate time. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may contain links to third party websites or resources. You acknowledge and agree that we exercise no control over and are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, services, privacy policies, or practices on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Common Areas of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge your sole responsibility for and assume all risk arising from your use of any such websites or resources.
6) ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT.
Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. You understand that we may not always identify paid services and communications as such.
7) NO WARRANTIES.
COMMON AREAS MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Your access to and use of the Services or any Content is at your own risk, and we provide no guarantees of performance, availability, safety, security or free from any error. We do not guarantee that the Services will always function without disruptions, delays or imperfections. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Common Areas makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content.
8) LIMITATION OF DAMAGES.
If you are dissatisfied with the Services or these Terms, your sole and exclusive remedy is to discontinue using the Services. You understand and agree that Common Areas shall not be responsible or liable for any loss or damage resulting from your use of the Services and that this limitation shall survive termination or expiration of this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMMON AREAS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST GOODWILL, LOST PROFITS, DATA, USE, GOOD-WILL, LOST BUSINESS OR OTHER INDIRECT ECONOMIC DAMAGES, WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHER LEGAL THEORY, AS A RESULT OF (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OR COMMON AREAS-CREATED CONTENT OBTAINED FROM THE SERVICES; (iv) A THIRD PARTY’S USE OF ANY CONTENT OR COMMON AREAS-CREATED CONTENT OBTAINED FROM THE SERVICES; (v) UNAUTHORIZED ACCESS, USE OR ALTERNATION OF YOUR TRANSMISSIONS OR CONTENT, or (vi) A BREACH OF ANY WARRANTY OR ANY OTHER TERM OF THESE TERMS, REGARDLESS OF WHETHER COMMON AREAS WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Common Areas’s liability will be limited to the fullest extent permitted by applicable law.
These Terms are effective until terminated by Common Areas, in its sole discretion, and at any time without notice. In addition, these Terms and the licenses and permissions contained herein shall terminate automatically if you breach of the terms or conditions contained in these Terms. Notwithstanding the foregoing, Sections 4-12 shall survive any termination of these Terms. You agree that upon termination, Common Areas has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services immediately and without notice, and remove and discard any content within the Services, for any reason. You agree not to attempt further use of the Services upon termination.
You agree to immediately defend, indemnify and hold harmless Common Areas, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, damages, liability, loss, and claims, including attorney’s fees and court costs, resulting from or on account of: (i) any act or omission, whether negligent, willful, or otherwise in connection with your use of the Services; (ii) your Content or Common Areas-Created Content, including allegations of infringement of any intellectual property right of a third party arising from or relating to your Content or Common Areas-Created Content, and any use of your Content or Common Areas-Created Content; or (iii) any breach of your obligations under these Terms, including a claim that asserts or purports to be based on Common Areas’s negligence. Common Areas reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such a case, you agree to cooperate with Common Areas in defense of such matter. Your obligations under this Section 10 shall survive the termination or expiration of this Agreement.
When you access or use the Services, you must comply with the export control and international trade laws and regulations of the United States and of any other country whose laws apply to you or your Content. You must not access or use the Services from within a U.S. sanctioned location or if you appear on any U.S. government restricted parties list. You must obtain U.S. government and any other required authorization before you obtain, access or use, or allow any third party to obtain, access or use, the Services for a U.S.-restricted end use. You must not upload or otherwise provide Common Areas with any content or materials, including your Content, that constitute classified information or that are subject to the International Traffic in Arms Regulations (“ITAR”) or its foreign counterparts. You must not upload or otherwise provide Common Areas with any content or materials that cannot legally be transferred from your location to the United States or from the United States to your location. You must not use the Services to make your Content or any other content or materials available to any country, entity or other party that cannot legally receive them under U.S. and other applicable law.
a) Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
b) Governing Law. This Agreement shall be governed by the laws of the United States and the State of California, without reference to conflicts of law principles. The Terms hereof shall be deemed to have been executed and performed in the State of California, and shall be exclusively governed by, construed and interpreted in accordance with the laws of the State of California as to all matters, including but not limited to matters of validity, construction, effect and performance, excluding choice of law principles of such State as may require application of the laws of another jurisdiction.
c) Mandatory Arbitration. You and Common Areas agree to arbitrate all Disputes. Instead of a judge or a jury, the Dispute will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST Common Areas. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Tustin, California, or another mutually agreeable location. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For purposes of this arbitration provision, references to You and Common Areas also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Common Areas services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Santa Ana and County of Orange, California, or federal court for the Central District of California.
d) Non Waiver. The failure of Common Areas to enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision.
e)If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
f) Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice and an opportunity to comment on changes to these Terms of Service. Your continued use of the Services following changes to our terms constitutes your acceptance of our amended terms.
g) Entire Understanding. These Terms set forth the entire understanding and agreement between you and Common Areas with respect to the subject matter contained herein, and supersedes any prior written or oral agreements or understandings.
The Digital Millenium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. Copyright law. If you believe in good faith that any Content made available by or through Common Areas infringe your Copyright, you or your agent may send Common Areas a notice requesting that Common Areas remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Common Areas a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter-notices may be sent to:
Common Areas, LLC
195 S. C St.
Tustin, CA 92780
Last updated: January 1, 2019