Please carefully read the following Terms before using www.BishopRanch.com, or any websites, web pages or services (“Company Sites”) operated by Bishop Ranch or its affiliates and agents (“Company”, “we”, “our”or “us”). By accessing our Company Site(s), 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 our Company Sites(s) or any of its content.
- Age Restrictions
The Company Sites are directed to persons 18 years of age or older. Bishop Ranch does not knowingly collect information from children under age 18.
- Permitted Use of Company Sites
The content available through the Company Sites, including without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of Bishop Ranch and/or its licensors. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Company Sites or the Content other than as expressly authorized by Bishop Ranch in writing. Use of the Company Sites or the Content in any way not expressly permitted by these Terms is prohibited and may be actionable under United States or international law. You agree not to access the Company Sites by any means other than through a standard web browser.
You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit, or create derivative works from any part of the Company Sites or the Content unless expressly authorized by Bishop Ranch in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Company Sites or in the Content.
- Restricted Access
Some Company Sites may restrict access to the sites or to sections or features of the sites. A separate agreement that addresses access and use may apply to those sites, sections or features may apply. In the event that you are required to select a username or password to access those sites, sections or features, 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. You authorize us to act on instructions received through use of your password, and agree that we are not liable for any loss or damage arising from your failure to comply with this Section. You agree to immediately notify us of any unauthorized use of your password or any other breach of security.
- Proprietary Rights
You acknowledge and agree that, as between Bishop Ranch and you, all right, title, and interest in and to the Company Sites and the Content – including images unless otherwise indicated -, and also without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Bishop Ranch or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws
Copyright: All Content included in the Company Sites is the copyright and property of Bishop Ranch or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Company Sites for the sole purpose of using the Company Sites as a personal or internal resource or otherwise for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance, of the Content of the Company Sites, is strictly prohibited.
Trademarks: The Bishop Ranch trademark logo and the trade names and trade dress used on the Company Sites are proprietary to Bishop Ranch or its licensors and the appearance of any third party names or trademarks referenced in the Company Sites does not constitute or imply affiliation, endorsement or recommendation by Bishop Ranch, or of Bishop Ranch by the third parties.
- Your Indemnity of Bishop Ranch
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Bishop Ranch reserves the right to determine what types of conduct it considers to be inappropriate use of the Company Sites. In the case of inappropriate use, Bishop Ranch or its designee may take such measures as it determines in its sole discretion
By way of example, and not as a limitation, you agree that when accessing, browsing and otherwise using and communicating with any of the company sites for any purpose, (“Communication Service”) you will not:
- Use the Company Sites or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Take any action that imposes an unreasonable or disproportionately large load on a Company Sites’ infrastructure or otherwise in a manner that may adversely affect performance of the Company Sites or restrict or inhibit any other user from using and enjoying the Communication Services or the Company Sites.
- Use any Company Sites for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.
- Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Company Sites in any manner.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Use any Company Sites to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
- Harvest or otherwise collect information about others, including email addresses and other personal information, without their consent.
- Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
- Engage in any other action that, in the judgment of Bishop Ranch, exposes it or any third party to potential liability or detriment of any type.
You understand that by using the Company Sites, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Company Sites.
- Modifications to the Company Sites
Bishop Ranch reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Company Site(s), or any portion thereof, with or without notice. You agree that Bishop Ranch will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Company Site(s).
- Suspension and Termination Rights
We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate your access to the Company Sites or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Bishop Ranch shall not be liable to you or any third party for any such suspension or termination.
Links to Other Company Sites and Search Results: The Company Sites may contain links to websites operated by other parties. The Company Sites provide these links to websites as a convenience, and your use of these websites is at your own risk. These linked non-Bishop Ranch websites are not under the control of Bishop Ranch and we are not responsible for the content contained herein. Such links do not imply endorsement of information or material on any other website and We disclaim all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that We are responsible or liable, directly or indirectly, for any damage, loss or other claim caused, or alleged to be caused by or in connection with or access to, or reliance of any content available on or through any non-Bishop Ranch website or resource.
Links to the Company Sites: You may link another website to a Company Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Bishop Ranch or the Company Site linked to; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with Bishop Ranch or the Company Site linked to; (iii) when selected by a user, the link must display the Company Sites on full-screen and not within a “frame” on the linking from website; and (iv) We reserve the right to revoke our consent to the link at any time and at our sole discretion. You agree to remove the link if We exercise our right to revoke its consent.
The company sites and content and the information, offered, contained in or advertised on the company sites, including without limitation text, video, graphics and links, are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. to the maximum extent permitted by law, Bishop Ranch and its licensors, suppliers and related parties disclaim all representations and warranties, express or implied, with respect to such information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. Your use of the company sites and any content is entirely at your own risk.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Company Sites is free of viruses or other harmful code.
- Limitation on Liability
To the maximum extent permitted by law, Bishop Ranch and its related parties disclaim all liability, whether based in contract, tort (including without limitation negligence), strict liability or any other theory arising out of or in connection with the company sites, use, inability to use or performance of the information, content, services, products and materials available from or through the company sites. In no event shall Bishop Ranch or any of its licensors, suppliers or related parties be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, even if these entities have been previously advised of the possibility of such damages. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Without limiting the foregoing, the maximum aggregate liability of Bishop Ranch arising out of or in connection with these terms or the company sites or the content, information, materials, products or services on or through the company sites shall not exceed fifty dollars (U.S.)
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.
- Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of these Company Sites: Bishop Ranch, 2600 Camino Ramon, Ste.201 San Ramon, CA U.S.A., telephone 925.866.0100. Complaints regarding the Site or Content or requests to receive further information regarding use of this Site or Content may be sent to the above address or to [email protected].
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) 574-7950 or (800) 952-5210.
- Governing Law and Disputes
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree that the exclusive venue for any disputes arising between you and Bishop Ranch out of, under, or in connection with these Terms, the Company Sites or their Content shall be general reference proceedings conducted in Alameda County, California, U.S.A., which venue is the most convenient and appropriate for the resolution of disputes concerning these Terms. Any such dispute shall be settled in accordance with the decision of the referee rendered as provided for in Part 1, Title 8, Chapter 6, § 638(a) of the California Code of Civil Procedure, or any successor California statute governing resolution of disputes by a court-appointed referee without a jury. Any cause of action or claim you may have with respect to these Terms, the Company Sites or their Content 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. Without limiting the foregoing, you agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) you have no right or authority for any dispute to be litigated on a class-action basis or to utilize class action procedures; and (3) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Company Sites is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Company Sites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Bishop Ranch does not represent that the Company Sites or Content are appropriate outside the United States of America. Bishop Ranch reserves the right to limit the availability of the Company Sites to any person, geographic area or jurisdiction at any time in its sole discretion.
- Force Majeure
Bishop Ranch shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers, e-mail service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.