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Terms of Use

February 12, 2016

Welcome to Irvine Company LLC and its affiliates (collectively, “Irvine”) applications that run on mobile devices and tablets (“Applications”), the websites operated by Irvine, and other online locations such as Facebook, Twitter and YouTube (the “Websites”, and each a “Website”). Irvine provides the Websites and Applications as a service to you subject to the following Terms of Use (“Terms”).

The Websites include without limitation: IrvineCompany.com, Irvinecompanycareers.com, CoastalCollection.com,GoodPlanning.org, OnlyInIrvine.com, HamptonsCupertino.com, MissionTownCenter.com,IrvineCompanyApartments.com, Rental-living.com, UTC-Irvine.com, OrangeCountyZest.com,ShopFashionIsland.com, ShopIrvineCompany.com / ShoptheIrvineCompany.com, ShopIrvineSpectrumCenter.com,ShoptheMarketPlace.com, IrvineCompanyOffice.com, OneLaJollaCenter.com, SantaClaraSquare.com,SpectrumSkyline.com, SantaClaraSquareOffice.com, 200Spectrum.com, 520NewportCenter.com,EastgateSummit.com, EastgateTerrace.com, TheVine.IrvineCompany.com, NextGenCampusOffice.com,DoKinetic.com, IslandHotel.com, AquaLoungenb.com, OakGrillnb.com, PelicanHill.com, VillasatPelicanHill.com,PelicanHillMagazine.com, PelicanGrillnb.com, Coliseumnb.com, Andreanb.com, PelicanHillGolfClub.com,ShopPelicanHill.com, HotelIrvine.com, EatsKitchen.com, IrvineRedBar.com, OakCreekGolfClub.com,GreatSlips.com, Crystal-Cove.com, IrvinePacific.com, VillagesofIrvine.com, Irvine Company Residents mobile application, and Retail Therapy mobile application.

Irvine’s affiliates include without limitation the entities operating the Websites and Applications listed above and other entities that may be affiliated with Irvine.

Irvine’s affiliates include without limitation the entities operating the Websites and Applications listed above and other entities that may be affiliated with Irvine.

If you have a question whether a site is a website of Irvine, or if an entity is an affiliate of Irvine Company LLC, please check the information posted on the site or contact Irvine at webmaster@irvinecompany.com or 949-720-2000.

1) ACCEPTANCE OF TERMS OF USE

Please carefully read the following Terms before using the Websites or Applications. By accessing or using each Website or Application, 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 the Website, the Application, or any of its content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE WEBSITES OR APPLICATIONS AND THEIR CONTENTS ARE SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE AND IRVINE’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE WEBSITES OR APPLICATIONS IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Websites or Applications, you signify your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting and apply only to use of the Websites or Applications and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you.

2) AGE RESTRICTIONS

The Websites and Applications are directed to persons 18 years of age or older. Irvine and the Websites or Applications do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the Websites or Applications or to submit any personally identifiable information to the Websites or Applications. If you provide information to Irvine through the Websites or Applications, you represent and warrant to Irvine that you are 18 years of age or older. If you are 13 – 17 years of age, you may visit, browse and use the information on the Websites or Applications, but you may not submit any personal information to the Websites or Applications, and you represent and warrant to Irvine that you have the permission of your parent or guardian to use the Websites or Applications and any activities on the Websites or Applications, and your parent or guardian agrees to these Terms on your behalf. If you are a parent or guardian and believe Irvine may have inadvertently collected personal information from your child under age 18, please notify Irvine immediately by sending an email to webmaster@irvinecompany.com including the specific website, application, or line of business to which your request pertains.

3) PERMITTED USE OF WEBSITES

The content available through the Websites or Applications, 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 Irvine and/or its licensors. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites or Applications or the Content other than as expressly authorized by Irvine in writing. Use of the Websites or Applications 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 or use the Websites or Applications by any means other than through a standard web browser or Irvine’s Applications, as applicable.

You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit, or create derivative works from any part of the Websites or Applications or the Content unless expressly authorized by Irvine 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 Websites or Applications or in the Content.

Special terms may apply to some products or services offered on the Websites or Applications, or to any sweepstakes, contests, or promotions that may be offered on the Websites or Applications. Such special terms (which may include official rules and expiration dates) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. By entering such sweepstakes or contests or participating in such promotions you will become subject to those terms or rules. We urge you to read the applicable terms or rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such sweepstakes, contests and promotions. Any such special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.

4) PRIVACY POLICY

Please review the Privacy Policy for the Websites and Applications. If you do not agree with the Privacy Policy , you are not authorized to use the Websites or Applications. The terms of the Privacy Policy are incorporated herein by this reference.

5) RESTRICTED ACCESS

Some Websites 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. 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 Irvine to act on instructions received through use of your password, and agree that Irvine is not liable for any loss or damage arising from your failure to comply with this Section. You agree to immediately notify Irvine of any unauthorized use of your password or any other breach of security.

6) PROPRIETARY RIGHTS

You acknowledge and agree that, as between Irvine and you, all right, title, and interest in and to the Websites or Applications and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Irvine 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 Websites is the copyright and property of Irvine 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 Websites for the sole purpose of using the Websites as a personal or internal resource or otherwise for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Websites, is strictly prohibited.

TRADEMARKS:

The trademarks, service marks, logos, slogans, trade names and trade dress used on the Websites and Applications are proprietary to Irvine or its licensors.  Some of those trademarks are listed below.  Unauthorized use of any trademark of Irvine may be a violation of federal or state trademark laws.  Any third party names or trademarks referenced in the Websites and Applications do not constitute or imply affiliation, endorsement or recommendation by Irvine, or of Irvine by the third parties.

Coastal Collection® The Irvine Ranch® Newport Center Fashion Island® ReadyNow®
Fashion Beyond Borders® Irvine Spectrum® Oak Creek Golf Club® The Resort at Pelican Hill®
Fashion Island® Irvine Spectrum Center® Only in Irvine® & Design Style Week Orange County®
Irvine Company Since 1864® The Island Hotel Newport Beach® Orange County Zest® Spa at Pelican Hill®
Irvine Company® Love Where You Live® Pelican Hill®      Pelican Design® Villages of Irvine®
Irvine Pacific® Newport Center® Pelican Hill Golf Club® & Design® We’ve Got It All®

7) YOUR INDEMNITY OF IRVINE

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD IRVINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE WEBSITES OR APPLICATIONS OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF IRVINE OR ANY THIRD PARTY.

8) USER GENERATED CONTENT

Communications Services: We may have a Facebook, Twitter and/or YouTube page and the Websites or Applications may have blogs, chat areas, forums, comments, rankings, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities that are designed to enable you and others to communicate with Irvine and other users of the Websites or Applications (collectively, “Communication Services”). You acknowledge that your submissions to the Websites or Applications may be or become available to others. You agree only to post, send, and receive messages and materials that are proper and related to the particular Communication Service and to adhere to these Terms and our “Terms & Use” posted on any Website, Application, or third party website or application.

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 Irvine reserves the right to determine what types of conduct it considers to be inappropriate use of the Websites and Applications. In the case of inappropriate use, Irvine 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 using a Communication Service, you will not:

1. Use the Websites or Applications or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
2. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
3. Take any action that imposes an unreasonable or disproportionately large load on a Website or Application’s infrastructure or otherwise in a manner that may adversely affect performance of the Website or Application or restrict or inhibit any other user from using and enjoying the Communication Services or the Website or Application.
4. Use any Website or Application for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.
5. Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Websites or Applications in any manner.
6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
8. 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.
9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
10. Use any Website or Application to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
11. Harvest or otherwise collect information about others, including email addresses, without their consent.
12. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
13. Engage in any other action that, in the judgment of Irvine, exposes it or any third party to potential liability or detriment of any type.

User Materials: Any content or views submitted or otherwise made available by users through the Websites or Applications (“User Materials”) are strictly those of the originating author, who is solely responsible for the submitted content. Use of or reliance on User Materials is entirely at your own risk. Irvine does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Irvine be liable in any way for any User Materials.

You acknowledge that Irvine may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit, modify, delete and/or move any User Materials that are available via the Websites or Applications. Without limiting the foregoing, Irvine and its designees have the right to remove any User Materials that violate these Terms or are otherwise objectionable in Irvine’s sole discretion. Irvine shall have no liability for such removal.

You understand that by using the Websites or Applications, 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 Websites or Applications.

Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via a Website or Application (“Submission”). All Submissions are subject to these Terms. Irvine is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.

By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Irvine’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all right, title, and interest, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission and consents and rights to post, distribute, or transmit your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission. By making a Submission, you grant Irvine and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and city/town/village of residency, in Irvine’s discretion, on the Websites or Applications or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.

9) Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement

Irvine may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Irvine’s Copyright Agent a Notice containing the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of an email is the best way to help Irvine locate content quickly);
4. your name, address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Irvine’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:

Copyright Agent, Irvine Company LLC
550 Newport Center Drive
Post Office Box 6370
Newport Beach, CA 92660
Telephone: 949-720-2000
Email: gcnotices@irvinecompany.com

10) LINKS

Links to Other Websites and Search Results: The Websites or Applications may contain links to websites operated by other parties. The Websites or Applications provide these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Irvine which is not responsible for the content available on third party sites. Such links do not imply endorsement of information or material on any other site and Irvine disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Irvine shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

Links to the Websites: You may link another website to a Website or Application 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 Irvine or the Website or Application; (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 Irvine or the Website or Application; (iii) when selected by a user, the link must display the Website or Application on full-screen and not within a “frame” on the linking website; and (iv) Irvine reserves the right to revoke its consent to the link at any time and in its sole discretion. You agree to take down the link if Irvine revokes its consent.

11) MODIFICATIONS TO THE WEBSITES

Irvine reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Websites or Applications, or any portion thereof, or any content, with or without notice. You agree that Irvine will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Website or Application.

12) SUSPENSION AND TERMINATION RIGHTS

Irvine reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Websites or Applications or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Irvine shall not be liable to you or any third party for any such suspension or termination.

13) DISCLAIMER

THE WEBSITES AND APPLICATIONS AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEBSITES OR APPLICATIONS, 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, IRVINE 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 WEBSITES AND APPLICATIONS AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.

Without limiting the foregoing, you are responsible for taking all necessary precautions to ensure that any Content or access to the Websites is free of viruses or other harmful code.

14) LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IRVINE 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 WEBSITES OR APPLICATIONS, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITES OR APPLICATIONS. IN NO EVENT SHALL IRVINE 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 IRVINE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITES, APPLICATIONS OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITES OR APPLICATIONS 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.

15) 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 Websites and Applications is Irvine Company LLC, 550 Newport Center Drive, Newport Beach, CA 92660, U.S.A., telephone 949-720-2000. 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 webmaster@irvinecompany.com.

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.

16) 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 Irvine out of, under, or in connection with these Terms, the Websites, the Applications, or their Content shall be general reference proceedings conducted in Orange 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 Websites, the Applications, 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.

You agree that any dispute between you and Irvine arising out of or relating to these Terms, the Privacy Policy, the Websites, the Applications, or their Content will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against Irvine. The laws of the State of California, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Orange County, California, U.S.A.

The Websites and Applications are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Websites or Applications 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. Irvine does not represent that the Websites or Applications or Content are appropriate outside the United States of America. Irvine reserves the right to limit the availability of the Websites or Applications to any person, geographic area or jurisdiction at any time in its sole discretion.

17) FORCE MAJEURE

Irvine 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 and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.

18) MISCELLANEOUS

These Terms and the Privacy Policy set forth the entire understanding and agreement between you and Irvine with respect to the subject matter hereof. If any provision of the Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms or the Privacy Policy shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Irvine’s failure to act with respect to any failure by you or others to comply with these Terms or the Privacy Policy does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or the Privacy Policy or your rights or obligations under these Terms or the Privacy Policy without the prior written consent of Irvine, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms or the Privacy Policy.

19) QUESTIONS?

Please direct any questions you may have about these Terms, technical questions or problems with the Websites or Applications, or comments or suggestions to Irvine at webmaster@irvinecompany.com or 949-720-2000.