TERMS OF USE, PRIVACY POLICY

Terms of Use: Revised September 20, 2023

By using and accessing our Internet presence (emails, websites, and social media) and logging on to our sites you expressly acknowledge that you have read and understand these terms of use (“Terms of Use") and agree to be bound by the Terms of Use.

Disclaimer
All information on our Internet presence is deemed reliable but not guaranteed.

Pismo Beach Marketing LLC (“PBM”, “we”, “us”, “our”) makes no warranty, either expressed or implied, as to the accuracy of the data contained within or obtained from our Internet presence. All information pertaining to our Internet presence comes from sources believed to be accurate and should be independently verified by those who read it.

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from our Internet presence, or outside sources linking to the website. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave our sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the website.

PBM shall not be responsible for any typographical errors, misinformation, or misprints.

No representation, expressed or implied, shall be taken from our Internet presence.

USE OF THE SITE
Our Internet presence is provided solely for information purposes. PBM may modify or change the Terms of Use at any time by posting notice of such change on our sites. Your continued use of our sites after the effective date of such notice will constitute acknowledgment and acceptance of the revised Terms of Use. If you do not agree to the amended terms, you must immediately stop using our sites.

You are entitled to view, copy and print any documents that are made generally available on our Internet presence but only for your own internal purposes. Any sale, transmission or redistribution of our Internet presence or its content, and any copying, modification or other use of our sites or their content for any purposes other than your own personal purposes, are strictly prohibited.

You are prohibited from using our sites to gain unauthorized access, directly or indirectly, to PBM’s computer systems or a third party's computer systems. You shall not interfere with another user's use or enjoyment of our sites.

We reserve the right, in our sole discretion, to take action that it deems appropriate for violations of this Terms of Use, including but not limited to terminating your access to our sites, filing of criminal charges against you, or the initiating a civil action against you.

To the extent required to do so by law, PBM will fully cooperate with any law enforcement authorities or court order requesting or directing Keller Williams to disclose information regarding users of our sites.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

PRIVACY POLICY
Registration data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy on this page.

PROPRIETARY RIGHTS
Our sites contain proprietary information that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PBM, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our sites, in whole or in part.

RESPONSIBILITY FOR YOUR CONDUCT AND USER CONTENT
You are solely liable for your conduct and for any information, text, photos, content, materials or messages that you upload, post or transmit to this website. You may not provide false or misleading information to the website or submit information under false pretenses.

We may immediately terminate your access to and use of any of our sites if you violate any of the foregoing or if you provide false or misleading information or submit information under false pretenses.

Each person that is provided with a password and user ID to use the Site must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality and security of any password connected with your account.

MONTHLY MEMBERSHIP
Monthly membership begins when payment is made. Membership automatically renews for subsequent months on the day of the month that membership originally started. Membership can be cancelled at anytime by either party. No refunds are made when the customer cancels membership. Pricing changes are to be communicated 30 days in advance. Pricing may change at anytime.

TERMINATION; REFUSAL TO PROVIDE SERVICES
We may terminate or suspend your access to our sites at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use our sites will immediately cease. Furthermore, we reserve the right not to respond to any requests for information for any reason, or no reason.

INDEMNITY
You agree to indemnify and release PBM and its affiliates from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims resulting from your use of the Information or the Site, including, without limitation, any claims that if the allegations were true would constitute a breach of this Terms of Use.

DISCLAIMER OF WARRANTIES
a. WE STRIVE TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON OUR SITES. HOWEVER, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON OUR SITES. YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

b. WE MAKE NO WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN OUR SITES WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SITES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SITE; OR (iv) ANY OTHER MATTER RELATING TO OUR SITES.

b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTICE
Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on our site.

GENERAL INFORMATION
a. The failure of PBM to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Terms of Use, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this Terms of Use will continue in full force and effect.

b. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

c. THIS TERMS OF USE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING REGARD TO THE CHOICE OF LAW PROVISIONS OF THE STATE. IN THE EVENT THAT ANY PROVISION OF THIS TERMS OF USE OR ANY PART HEREOF IS FOUND INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS TERMS OF USE WILL BE BINDING ON THE PARTIES HERETO AND WILL BE CONSTRUED AS IF THE INVALID OR UNENFORCEABLE PROVISION OR PART THEREOF HAD BEEN DELETED.

Privacy policy: Revised September 20, 2023

This Policy explains how personal information is collected, used, and disclosed with respect to your use of our Internet presence (emails, websites, and social media) so you can make an informed decision about using it.

CONSENT TO COMMUNICATIONS
By filling out any forms on our sites or making any inquiries through our sites you acknowledge that we have an established business relationship and you expressly consent to being contacted by us, whether by phone, mobile phone, email, mail or otherwise.

INFORMATION COLLECTION
We may collect information from you automatically when you visit our sites, which may include the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of your computer; the type of browser and software operating system you use; the date and time you access our website; and the Internet address of the website from which you linked to our sites.

Several companies offer tools that allow people to browse the web anonymously. We cannot provide you a personalized experience if you use these tools, because we cannot recognize you and your computer. However, we want to ensure you know of their existence.

We may also use cookies to enhance browsing on our sites. "Cookies" are small files or records that are placed on your computer's hard drive to collect information about your activities on our website. You can choose to have your browser warn you every time a cookie is being sent to you, and you can turn off cookie placement. If you refuse, your overall browsing experience can be affected and may prevent you from fully using our sites. We may also use "message format" and "message open" sensing technologies to enable PBM to recognize whether you have enabled your email program to receive HTML emails. If so, this information is associated with your email address so that we can send subsequent messages to you in HTML format. The "message open" sensing technology allows us to recognize whether you have opened our email messages. We can only detect this if your have enabled your email program to receive HTML emails.

For most of the browsing services on our sites, We do not require your personal information. There are portions of our sites where you will be given the option to provide information about you. The information that you may be asked to provide may include your name, email address, telephone number, and address. Depending on your request and other circumstances, other information may also be collected. It is your discretion and determination whether to provide such information.

USE OF PERSONAL INFORMATION
Except as set forth in this Policy, we do not disclose, sell, rent, loan, trade or lease any personal information collected on this website to any third party.

We use the information collected (whether submitted by you or automatically collected) to respond to your requests and to provide you with information that we think may be of interest to you. We may share personal information with third parties when you give us your express or implied consent to do so, such as when you fill out a form requesting certain information from a third party.

In addition, we may disclose aggregated data and statistics in order to describe our sites to prospective partners, advertisers, and other third parties, and for other lawful purposes. Additionally, we may disclose part or all of a user's personal information when we believe, in good faith, that the law requires or compels such disclosure, or when we have good faith reason to believe that disclosure is necessary to protect our rights or property, the rights of another user or to prevent harm. Further, we may disclose information provided by you as part of any merger, sale, acquisition, or other acquisition of same or all of our business or our assets.

YOUR CHOICES
We do not require you to provide personal information in order to use our sites. However, if you choose to not provide requested personal information, your ability to use all of our site’s features may be limited or you may not receive the information that your requesting. By choosing to provide personal information, you agree to the terms of this Privacy Policy.

If you do not want to receive e-mail or other mail from our company, please send your request to the contact information listed below.

UNDERAGE CUSTOMERS
Our sites are not designated nor intended to collect information from children under the age of 13. In addition, we do not knowingly collect information from children under the age of 13. If you are under 13 years old, you should not provide information on the Site. If you are younger than age 18, you may use our sites only with the permission and involvement of your parents or guardian.

USERS OUTSIDE THE UNITED STATES
If you use our Website outside of the U.S., you understand and consent to the transfer of your personal information to, and the collection, processing, and storage of your personal information in, the U.S. and elsewhere. The laws in the U.S. and these countries regarding personal information may be different than the laws of your state or country.

CALIFORNIA PRIVACY RIGHTS
If you are a California resident, by law you are permitted to request certain information regarding the disclosure of your personal information by us and our related companies to third parties for the third parties’ direct marketing purposes. To make such a request, please send your request to the contact information listed below.

LINKS TO THIRD-PARTY WEBSITES
Please be aware that we may provide links to third party Web sites from the Site as a service to its users and we are not responsible for the content or information collection practices of those sites. We have no ability to control the privacy and data collection practices of such sites and the privacy policies of such sites may differ from this Policy. Therefore, we encourage you to review and understand the privacy policies of such sites before providing them with any information.

SECURITY
We use commercially reasonable measures to store and maintain personally identifying information, to protect it from loss, misuse, alternation or destruction by any unauthorized party while it is under our control.

QUESTIONS OR COMMENTS
If you have any questions regarding our privacy policy, please contact us by email at info@pismobeachmarketing.com.