1. Agreement. This Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of www.rockypointcarecenter.com (the “Site”) and describes the terms and conditions applicable to access of and use of the Site. This Agreement may be modified at any time by Broadway by the Sea upon posting of a modified agreement. Any such modifications shall be effective immediately. The User can view the most recent version of these terms at any time at www.rockypointcarecenter.com/terms-of-use/. Each use by the User shall constitute and be deemed unconditional acceptance of the Agreement.
3. Ownership. All content included on this Site is and shall continue to be the property of Broadway by the Sea or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights laws. Any copying, redistribution, use or publication of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will the User acquire any ownership rights or other interest in any content by or through the use of this Site.
4. Intended Audience. This website is intended for adults only. This website does not provide services to children under the age of 18. This website is not intended for any children under the age of 13.
5. Trademarks/Service Marks. “Broadway by the Sea” is a trademark, service mark or registered trademark/service mark and logo of Broadway by the Sea. Other product and company names mentioned on this Site may be trademarks/service marks of their respective owners.
6. Site Use. Broadway by the Sea grants a limited, revocable, nonexclusive license to use this Site solely for personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. User agrees not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Broadway by the Sea and Broadway by the Sea may terminate User’s use of this Site at any time.
7. Compliance with laws. User agrees to comply with all applicable laws regarding your use of the Site. User further agrees that information provided by User is truthful and accurate to the best of User’s knowledge.
8. Links to Third Party Sites. The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Broadway by the Sea and Broadway by the Sea is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Broadway by the Sea is not responsible for webcasting or any other form of transmission received from any Linked Site. Broadway by the Sea providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Broadway by the Sea of any site or any association with its operators.
9. Materials Provided to Broadway by the Sea or Posted on this Site. Broadway by the Sea does not claim ownership of the materials User provides to Broadway by the Sea (including feedback and suggestions) or post, upload, input or submit to the Broadway by the Sea (collectively, “Submission(s)”). However, by posting, uploading, inputting, providing or submitting a submission, User is granting Broadway by the Sea, its clients, affiliates and necessary sublicensees’ permission to use the submission in connection with the operation for their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat the Submission; and to publish User’s name in connection with the Submission.
No compensation will be paid with respect to the use of the Submission, as provided herein. Broadway by the Sea is under no obligation to post or use any submission provided and may remove any Submission at any time in Broadway by the Sea sole discretion.
By posting, uploading, inputting, providing or submitting a Submission, User warrants and represents that User owns or otherwise controls all of the rights to the Submission as described in this section including, without limitation, all the rights necessary to provide, post-upload, input or submit the Submission(s).
10. Indemnification. User agrees to indemnify, defend and hold Broadway by the Sea and its clients, officers, directors, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to violation of this Agreement or use of the Site.
11. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. USER AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. Broadway by the Sea DISCLAIMS ALL WARRANTIES OF ALL KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT USER’S JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. USER’S SOLE AND EXCLUSIVE REMEDY RELATING TO USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Broadway by the Sea BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, USER’S SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF USER’S SITE USE.
User may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, the exclusions of limitation in this Agreement that directly conflict with such laws may not apply.
14. Copyrights and Copyright Agent. All contents of the Site are: Copyright 2012 by Broadway by the Sea and/or its clients or affiliates. All rights reserved. If User believes User’s work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to the President at 625 16th Street Lakeport, CA 95453:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that is claimed to have been infringed upon;
c. A description of where the material that is claimed to be infringing is located on the Site;
d. A current address, telephone number, and e-mail address;
e. A statement that based upon a good faith belief, that the dispute use is not authorized by the copyright owner, its agent, or the law; and
f. A statement made under penalty of perjury, that the above information in the notice is accurate and the signer is the copyright owner or authorized to act on the copyright owner’s behalf.
15. Applicable Law. User agrees that the laws of the State of California, without regard to conflicts of laws provisions will govern these Terms and Conditions of Use and any dispute that may arise.
16. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
HOW TO CONTACT US:
Broadway by the Sea
2725 East Broadway