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Terms of Use

Effective as of May 22, 2026

Archived versions: February 06, 2024 | January 15, 2024 | May 23, 2021

Welcome to The Irvine Company LLC and its affiliates (collectively, “Irvine”) applications that run on mobile devices and tablets (“Applications”), the websites operated by Irvine, and other social media and online locations such as Facebook, Twitter, Instagram 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, Careers.IrvineCompany.com, IrvineStandard.com, IrvineConnection.com, GoodPlanning.org, IrvineRanchOrchards.com, NewportConnection.com, DonaldBren.com, SantaClaraPark.com, LaJollaUTCConnection.com, OrangeHeightsMasterPlan.com, IrvineCompanyApartments.com, Resident.IrvineCompanyApartments.com, IrvineCompanyOffice.com, Meetings.IrvineCompanyOffice.com, FlexPlus.IrvineCompanyOffice.com, Success.IrvineCompanyOffice.com, FashionIsland.com, IrvineCompanyRetail.com, IrvineSpectrumCenter.com, ShopTheMarketPlace.com, RetailTherapyApp.com, OakCreekGolfClub.com, NewportBeachMarinas.com, VillagesofIrvine.com.

The Applications include without limitation: Irvine Company Residents mobile application, TourGuide 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.

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 [email protected] or 949-720-2000.

PLEASE BE AWARE THAT SECTION 16 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE APPLICATIONS OR WEBSITES TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE APPLICATIONS OR WEBSITES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

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. Subject to Section 16.14 below, 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 [email protected] including the specific website, application, or line of business to which your request pertains. 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 acknowledgments, 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 disclosures and consent, official rules and expiration dates) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. By using such services or 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 services, 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 AND BIOMETRIC PRIVACY POLICY AND TERMS

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.

Depending on the Websites you use, you may be asked to review and agree to Irvine’s Biometric Terms and acknowledge you have read Irvine’s Biometric Privacy Policy. Policy.

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® Exceptional Today. Even Better Tomorrow.® Fashion Island® Hotel Irvine Jamboree Center®
Irvine Company Since 1864® Irvine Pacific® Irvine Spectrum Center® Irvine Spectrum®
Irvine Towers® Island Hotel Newport Beach® Los Olivos® Love Where You Live®
Newport Center® Oak Creek Golf Club® Only in Irvine® & Design Orange County Zest®
Orchard Hills Village Center® Pelican Design® Pelican Hill® ReadyNow®
Style Week Orange County® The Irvine Company® The Irvine Ranch® The Resort at Pelican Hill®
The Spa at Pelican Hill® Vibrant Workplace Communities® Villages of Irvine® Villages of Orchard Hills®
We’ve Got It All® Where Life and Business Meet, Everyone Prospers® Where the Best of Work Meets the Best of Life® Work Smart. Live Well.®

7) YOUR INDEMNITY OF IRVINE

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD IRVINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT (COLLECTIVELY, THE “IRVINE ENTITIES”), HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION INJURY TO PERSON OR PROPERTY OR DEATH, AND 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. IRVINE RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO YOUR INDEMNIFICATION, AT YOUR EXPENSE, AND IN SUCH CASE YOU WILL COOPERATE WITH IRVINE’S DEFENSE OF SUCH CLAIM.

8) USER GENERATED CONTENT

Communications Services: The Websites or Applications may have social media pages, 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 (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, platform 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 Service 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 text, photos, videos, graphics, or other images, content, views or links 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 (i) your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that and you own all right, title and interest in your Submission and its parts, and copyright therein; (ii) that you and any other person mentioned or shown in your Submission, and your and their representatives, agents, heirs, executors and assigns, are 18 years old or older, and have the right to grant the rights hereunder concerning Irvine’s or its designees’ use, modification or distribution of the Submission or any part thereof, including without limitation any name, address, likeness, voice, statements, actions or biographical information; (iii) your Submission does not violate any applicable laws or regulations, or the terms or rules of any platform where it was posted, does not include any confidential or private information, and does not infringe or violate any other person’s or entity’s rights; (iv) your Submission does not contain any automated devices, bots, viruses, scripts, or any similar software. You further represent and warrant that you have not been and will not be paid or compensated by anyone else for posting your Submission or any part thereof or for the rights granted to Irvine in these Terms, and no third party agent, manager, union or anyone else is entitled to be paid or compensated as a result of your Submission or the rights granted to Irvine in these Terms. 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 service providers, 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, username, caption, text, tags, or any part thereof and city/town/village/community 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.

On behalf of yourself and your representatives, agents, heirs, executors, administrators and assigns, you hereby release the Irvine Entities and all those acting in conjunction with or under the authority of the Irvine Entities or any of them, from and against all claims, damages, losses, injuries, death or liability of any kind arising from or relating, in whole or in part, directly or indirectly, to your Submission or its use pursuant to these Terms. You acknowledge that you are familiar with the provisions of California Civil Code § 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Being aware of said code section, you hereby expressly waive any rights you may have thereunder, as well as any other statute or common law principles of similar effect.

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 or Application (for example, providing URL(s) in the body of an email is the best way to help Irvine locate content quickly on a Website);

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: [email protected]

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 AND APPLICATIONS

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, PHOTOS, VIDEO, GRAPHICS, OR OTHER IMAGES, CONTENT, VIEWS 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 [email protected]

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) DISPUTE RESOLUTION.

Please read the following terms relating to the parties’ arbitration rights and obligations stated herein (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Irvine and limits the manner in which you can seek relief from us.

16.1 Applicability of Arbitration Agreement. You and Irvine agree that in the event of any dispute, claim or disagreement between you and Irvine arising out of or in any way relating to: (a) your access to or use of the Website or the Applications; or (b) any matters relating to privacy, collection or use of personal information, data breach, or any alleged violation of federal or state privacy or data breach statutes arising out of your access to or use of the Websites, including but not limited to the California Consumer Privacy Act (CCPA), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and whether arising out of or in relation to these Terms or any other agreement (individually, a “Claim” or “Dispute” and collectively, “Claims” or “Disputes”), such Claims or Disputes will be resolved exclusively by binding arbitration rather than in court, except that (1) you may assert Claims or seek relief in small claims court if your Claims qualify; and (2) you or Irvine may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will also include Disputes that were not noticed at the time you first became subject to these Terms but that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as disputes that may arise after the termination of these Terms.

16.2 Arbitration Informal Dispute Resolution. There might be instances when a Dispute arises between you and us. If that occurs, Irvine is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Irvine agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Irvine agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Notice to Irvine should be sent by email to [email protected] or regular mail to the Irvine Company c/o Legal Department, 550 Newport Center Dr. | Newport Beach, California | 92660-7011. Notice to you will be sent to your email address and/or street address that we have on file or associated to your Irvine account profile. It is your responsibility to keep your contact information up to date. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of counsel, if any; and (3) a description of the Dispute, including the specific relief sought. The Notice must be signed by the party initiating the Dispute (i.e., either you personally or an Irvine representative). The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Claim. The statute of limitations, any filing fee deadlines or other deadlines shall be tolled while the parties engage in the Informal Dispute Resolution process required by this section. A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to comply with this informal dispute resolution procedure. A party may raise non-compliance with this informal dispute resolution procedure in court and/or in connection with the arbitration.

16.3 Rules and Forum. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after the completion of the Informal Dispute Resolution Conference, if such Informal Dispute Resolution Conference was requested, whichever is later, you and Irvine agree that either party shall have the right to finally resolve the Dispute through binding arbitration.

The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Irvine should be sent to our registered agent: CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833. Irvine will provide the Demand to your email or regular address on file. It is your responsibility to keep your contact information up to date.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).

Unless you and Irvine otherwise agree, or the Batch Arbitration process discussed in subsection 16.6 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).

You and Irvine agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

You and Irvine agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

16.4 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 16.6 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

16.5 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

16.6 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Irvine agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Irvine by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration Claims in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible. All parties agree that Claims are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Irvine. All parties agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

16.7 Waiver of Jury Trial. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY ARBITRATION PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. NOTWITHSTANDING THE FOREGOING, YOU AND IRVINE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU UNDERSTAND THAT THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW. You and Irvine are instead electing that all Claims shall be resolved by arbitration under these Terms, except as specified in section 16.1 above.

16.8 Waiver of Class or Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 16.6 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Irvine agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts indicated in subsection 16.11 below. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or us from participating in a class-wide or mass settlement of claims.

16.9 Fees. Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.

16.10 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your Irvine account (if you have one), and with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Irvine’s rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.

16.11 Court actions. If for any reason a Claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Orange County, California (except for small claims court actions which may be brought in the county where you reside).

16.12 Severability. Except as provided in subsection 16.8, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect. However, if subsection 16.6 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the courts indicated in subsection 16.11. You further agree that any Dispute that you have with Irvine as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

16.13 Geographic Location. 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.

16.14 Future changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if Irvine makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change become effective by sending an email to [email protected] or regular mail to the Irvine Company c/o Legal Department, 550 Newport Center Dr., Newport Beach, California, 92660-7011, your continued use of the Sites and/or Applications constitutes your acceptance of any such changes. Changes to this Arbitration Agreement shall not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the amendment. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Sites or Applications, any products sold or distributed through the Sites, the Applications, or these Terms, the provisions of theis Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Irvine will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

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 [email protected] or 949-720-2000.