Terms of Use

Monitoring: You acknowledge and agree that San Ysidro Ranch has no obligation, but reserves the right to monitor the Site, and may do so from time-to-time, for operational, compliance or other purposes. During monitoring, all user information may be examined, recorded, copied, and used for authorized purposes in accordance with the terms of this Agreement and San Ysidro Ranch's Privacy Policy. San Ysidro Ranch, in its sole discretion at any time and without further notice to you, may: (1) review, censor, prohibit the transmission or receipt of, or refuse to post and/or remove any information or materials, in whole or in part, which San Ysidro Ranch, in its sole discretion, deems to be inappropriate or objectionable (such as the prohibited information described in the Section above entitled "Restrictions, Limitations and Conditons of Use") or as violating any term or condition of this Agreement; and/or (2) disclose any information San Ysidro Ranch deems necessary or desirable to satisfy any law, regulation or governmental request. Your use of the Site constitutes your consent to such monitoring and use and handling of information in conjunction with monitoring as is described here in.

Restrictions, Limitations and Conditions Applicable to Your Use of this Site: As a condition of your rights to access or use this Site, you must use the Site and all Information found at the Site for lawful purposes only and only as expressly permitted in this Agreement. As a condition of your access and use rights to the Site and Information, you agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that San Ysidro Ranch, in its sole and absolute discretion, shall determine:

• Copy, reproduce, store, resell, rent, lease, grant a security interest or transfer a right in, sublicense, distribute, redistribute, broadcast, transfer, publicly display, publish, adapt, modify, translate, create derivative works from, time-share, de-compile, reverse-engineer, reverse-compile, export any information or technology from, or allow any access to or use of except as expressly authorized in this Agreement - the Site, or of any part thereof;
• Restrict or inhibit any authorized users from accessing or using the Site, Information or Documents;
• Transmit to or introduce at the Site any viruses or harmful software, program, code, utility, material, routine or material or thing intended to damage, interfere with, disrupt, intercept or expropriate the Site, the Information at the Site or any other system, program, network, web site, data, information, or activities associated with those items ("Viruses"), or otherwise implement or engage in on-line activities, attacks or actions in a manner that involves, or with a purpose of creating, a disruptive, surreptitious, detrimental or other harmful effect, including without limitation, by excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or by means of hacking, or denial of service events ("System Attacks");
• Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other identity or affiliation or that of anyone else, or provide false, inaccurate or misleading information in connection with accessing or using the Site; or
• Use the Site for any purposes that are unlawful or illegal or that could give rise to civil or criminal liability or actions against San Ysidro Ranch, you, or any third party.

• Use the Site, the Information, or the Documents for any unlawful or illegal purposes or post, submit, upload, e-mail or otherwise transmit any information, documents, materials or communications at, to or through the Site that would constitute a violation of, or engage in or encourage conduct that violates any law, regulation or legal requirement or any local, state, national or international governmental entity.
• Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through the Site that (1) is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, harassing, derogatory, rude, abusive, offensive, hateful, or otherwise objectionable in any way (including, e.g., to anyone because of race, ethnicity, gender, national origin, age), or that may harm minors, or is unlawful in any similar or other way; (2) infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights; or (3) has an advertising, marketing, promotional or other business or commercial purpose.

Responsibility and Liability for Use: You shall be solely liable for any lawsuits, claims, proceedings, actions, harm and other liability, or any damages, losses, expenses, fees, judgments, awards, penalties, settlement amounts, fines, or other costs associated therewith ("Damages") resulting from use or any misuse of the Site, Documents or Information, including without limitation, violation of the restrictions, limitations and conditions upon use and infringement of copyright, trademark or other proprietary right, and any other Damages.

Notice Regarding Links to Other Web Sites and Third-Party Documents and Information; Disclaimer by San Ysidro Ranch:

Linked Sites: This Site may point or link to other web sites or to web pages or documents hosted on other web sites ("Linked Sites"). None of the links create or constitute, nor are they intended to create or constitute, any legal affiliation or relationship between San Ysidro Ranch and any other person, company or entity which owns or operates a Linked Site, or any liability or responsibility on the part of San Ysidro Ranch for such third parties, all of which San Ysidro Ranch hereby disclaims. San Ysidro Ranch does not own or control the Linked Sites and is not the author or owner of any third-party Documents or other Information. Accordingly, San Ysidro Ranch cannot represent or guarantee that the Linked Sites will be accessible or operational or the user will be able to reach the Linked Sites, and the links should not be construed as an endorsement by San Ysidro Ranch of any Information or Documents of a third party, or anything else you find at the Linked Sites. Therefore, San Ysidro Ranch is not responsible or liable to you for any Damages, all of which it hereby disclaims, related to your attempt to link from this Site to any Linked Site, your use of or reliance upon the Linked Sites or any third-party Documents or other Information accessed from or found at this Site or any Linked Site, or any statements, advice, warranties, guaranties, representations, endorsements or communications associated therewith.

Responsibility of Third Parties and the User: You are hereby advised and you acknowledge that the Information and Documents provided at the Site or a Linked Site are the sole responsibility of the owners or officers and their agents, representatives or brokers, and San Ysidro Ranch is not responsible for any Documents, Information, services, content or other statements or representations of third parties that San Ysidro Ranch provides or makes available to you at or through this Site.

Disclaimers and Limitations of Liability: The following disclaimers and limitations of liability are made on behalf of San Ysidro Ranch and its third-party providers:

Child Protection Act Notification: Pursuant to 47 U.S.C. Section 230(d) as amended, San Ysidro Ranch hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://www.eff.org (which is the Electronic Frontier Foundation Web site) and at the Web site for America Links Up, http://www.netparents.org.

Privacy Policy: You hereby acknowledge having read and accept and agree to all terms and conditions of San Ysidro Ranch's Privacy Policy, also found at the Site, which are hereby incorporated in this Agreement. Personally identifying data that you provide to San Ysidro Ranch and submit at the Site will be collected, used and shared by San Ysidro Ranch in accordance with its Privacy Policy.

Termination: Your rights to use this Site shall terminate immediately upon your violation of any of the terms, conditions or restrictions stated in this Agreement, without the necessity of San Ysidro Ranch's sending you notice or otherwise advising you of your loss of rights. Termination or cancellation of this Agreement shall not affect any right or relief to which San Ysidro Ranch may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to San Ysidro Ranch.

Claims Regarding Your Use of this Site: If San Ysidro Ranch brings a lawsuit, claim or other proceeding against you to enforce this Agreement or brings you into one in connection with enforcement of the Agreement (a "Claim"), San Ysidro Ranch shall be entitled to recover from you (and you agree to pay), in addition to all Damages that may be awarded, reasonable and necessary attorney's fees and any costs of litigation. This Agreement shall be governed by the laws of the state of California, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any Claim arising from or relating to your access and use of the Site contemplated by this Agreement must be instituted within two (2) years from the date upon which such Claim arose or accrued. Further, any such Claim may only be brought in the state or federal courts located in California. You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of California as your agent for service of process. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.

Entire Agreement; Changes to this Agreement: The terms of this Agreement, as posted at the Site, constitute the entire and exclusive agreement between you and San Ysidro Ranch regarding the Site and its use and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of the Site. San Ysidro Ranch retains the right to modify the terms or conditions of this Agreement at any time without notice or warning. You are bound to all changes San Ysidro Ranch may make to these terms and, therefore, should periodically revisit these terms and review them to make sure you comply with all changes. If at any time you cannot comply with any of the terms and conditions of this Agreement, then you should terminate and discontinue all access to and use of the Site.

Modifications to this Site: San Ysidro Ranch reserves the right to modify this Site at any time and, in its sole discretion, may make modifications to the Site, including without limitation, with respect to the Information, advertising, links, product, services and features found at the Site or acquired through it (of San Ysidro Ranch and/or third-party providers).

Export Laws: Legal Compliance; Authorizations. You are responsible for obtaining and securing, and shall obtain and secure, any and all authorizations, licenses and permits required by any United States or foreign governmental or judicial authority in connection with use of this Site, including without limitation, for the export of any data, software, documents, technology or other matter subject to export control laws and regulations or any governmental authority. Unless otherwise specified, the Information found at or accessible through this Site is presented solely to provide data regarding San Ysidro Ranch and to promote San Ysidro Ranch properties and, as applicable, third-party provider products/services available in the United States, its territories, possessions and protectorates. The Site is controlled and operated by San Ysidro Ranch from its offices within the state of California, the United States of America. San Ysidro Ranch makes no representation that Information found at or accessible through this Site is appropriate or available for use outside the United States. Users electing to access the Site from outside the United States acknowledge that they do so on their own initiative and are responsible for compliance with all applicable local laws. Software available at or accessible through this Site is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you (1) are not a national or resident of any such embargoed country, nor are you located in or under the control of one; and that you (2) are not on the aforementioned lists.