Last updated June 3, 2010
- Site Information and Remedies. Trojanbuildings.com is a technology platform owned and operated by Vantage Point Apartments LLC. All references to "www.trojanbuildings.com" include Vantage Point Apartments LLC and its subsidiaries and affiliates, including the owners and managers of the buildings whose apartments or units are listed on the Site. In the case of any violation of our Agreement, Vantage Point Apartments LLC and its subsidiaries, affiliates, members and managers (collectively with the Site, "Vantage Point" or "we," "our" or "us"), reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of this Site. For purposes of our Agreement, the term "Site" may, at our option, include any current or future domestic co-branded websites, affiliated websites, private-label websites, and/or international websites in which we currently participate or may participate in the future with regard to advertising services.
- Payments. You agree to pay all rent payments, charges and fees incurred by you or any users of your account and credit card or other payment mechanism at the rate(s) or price(s) in effect when such rent payments, charges and fees are incurred.
- Content Requirements. To assure the value of our services, you agree that all of the information (including your e-mail address) you have provided to us, whether online or otherwise, is accurate, current and complete and that you will maintain and update your information (including your e-mail address) to keep it accurate, current, and complete.
- Your License to Us. When you give us or otherwise authorize us to use content, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity and database rights related to the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
- Our License to You. We hereby authorizes you to view, copy, download and print the information and data ("Materials") available on this Site, provided that: (1) the Materials are used solely for personal, noncommercial purposes, including, without limitation, using this Site to search for residential rentals, communicating with us, and considering other move or rental-related services; (2) the Materials are not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Vantage Point.
- No Unauthorized Duplication. Except as otherwise stated herein, none of the content on the Site may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Vantage Point.
- Trademarks. The term "trojanbuildings.com" and any other trademarks, trade names, logos and service marks (collectively, the "Marks") displayed on this Site are the property of Vantage Point or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of Vantage Point or such other owner.
- Access and Interference. This Site may contain robot exclusion headers. Much of the information on the Site is proprietary or is licensed to Vantage Point by third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Site without the prior expressed written permission of Vantage Point and the appropriate third party, as applicable; (iii) tamper, interfere or attempt to tamper or interfere with the proper working of the Site or any activities conducted on the Site; (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site; or (v) permit others, including those whose accounts were terminated, to access this Site through your account, username or password.
- No Unlawful or Prohibited Use. As a condition of your use of this Site, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the Fair Housing Act. In addition, you warrant that you will not use this Site in any way prohibited by these terms, conditions and notices. In addition, you will not:
- use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
- circumvent or manipulate our payment structure, the billing process, or rental payments, charges or other fees owed to Vantage Point;
- distribute viruses or any other technologies that may harm Vantage Point or the interests or property of our users;
- copy, modify, republish or distribute content from the Site or Vantage Point's copyrights and trademarks;
- impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
- provide inaccurate contact information or other information relative to your move or property;
- harvest or otherwise collect information about users, including email addresses, without their consent;
- transmit to Vantage Point or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Reporting Intellectual Property Infringement. Vantage Point respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Site, please contact us at the address listed below. We reserve the right to remove content for any reason.
- Links to Third-Party Sites. The Site may contain links to websites operated by parties other than Vantage Point. Such hyperlinks are provided for reference only. We do not control such websites and is not responsible for their contents. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
- General Disclaimer. Although we have attempted to provide accurate information on the Site, we assumes no responsibility for the accuracy of the information. All information provided on this Site is provided "as is" with all faults without warranty of any kind, either express or implied. We hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
- Limitation on Liability. Neither Vantage Point, its parent, affiliates, or subsidiaries, or any of their respective directors, members, shareholders, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of (a) the use or inability to use the Site or damages from the use of or reliance on the information present on this Site, even if we have been advised of the possibility of such damages; (b) mistakes, omissions, interruptions, errors, defects, delays in operation, transmissions, eavesdropping by third parties, or any failure of performance of this Site; or (c) loss of security of information you have provided in connection with your use of this Site, or the interception of any such information by unauthorized third parties.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR SITE MATERIALS CONTAINED WITHIN THIS SITE IS TO STOP USING THIS SITE AND/OR SITE MATERIALS, AS APPLICABLE.
- Modification of the Site. We reserve the right in its sole discretion to improve, modify or remove any information or content appearing on the Site. Vantage Point may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Without limiting the foregoing, we reserve the right to change the terms, conditions, and notices under which this Site is offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for new users, or 30 days after they are posted on the website for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
- Indemnity. You will indemnify and hold us (and our officers, directors, shareholders, members, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
- Default and Remedies. Without limiting any other provision in this Agreement, in the event you default under this Agreement, including without limitation, by failing to pay us the specified rental amounts and other fees when due, we will have the right to exercise any or all of the following remedies: (1) we can terminate this Agreement; (2) we can ban your future use of the Site; (3) we can impose interest on your past due amounts equal to the lower of 1.5% per month or the highest rate permitted by law; (4) we can impose an administrative service fee equal to five percent (5%) of all amounts past due; (5) we can reserve the right to condition your continued use of the Site on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and (6) we can exercise any and all rights and remedies available to us at law and in equity.
- Resolution of Disputes. If a dispute arises between you and Vantage Point, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Vantage Point agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by calling (310) 399-7333, Monday-Friday, 9 a.m. to 5 p.m. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against Vantage Point must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for the purpose of litigating all such Claims or disputes.
- Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims. All Claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, Vantage Point may recover attorneys' fees and costs up to $1,000, provided that Vantage Point has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
- Conflicts. In the event a conflict arises between any information posted on this Site, this Agreement, and/or any contract you have with us or with any of our affiliates (including the owners and managers of the buildings whose apartments or units are listed on the Site), the terms of your contract with us or our affiliates will prevail over this Agreement and the information posted on this Site, and this Agreement will prevail over information posted on this Site.
- Availability of this Website. This Site is usually available 24 hours a day, 7 days a week. However, we retain the right to make this Site unavailable from time to time for any reason or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of this Site.
Vantage Point Apartments LLC
C/o Horizon Construction, Inc.
2601 Ocean Park Blvd, Suite 316
Santa Monica, CA 90405
Phone: (310) 399-7333