January 1, 2019
THIS IS A BINDING LEGAL AGREEMENT
RESTRICTIONS ON USE OF MATERIALS
The content included on the Site, including but not limited to all text, graphics, logos, button icons, images, graphics, audio clips, digital downloads, and data compilations relating to this Site, and all trademarks, service marks, brands, names, and designs of Pebblebrook are the property of Pebblebrook, or its subsidiaries or affiliated companies and/or third party licensors. No right, title or interest to the content is granted by your use of the Site, other than a right to review the content using a standard Internet browser to conduct standard customary web browsing. Except for non-commercial individual private use, the downloading, retransmission, or reproduction of the Site (or any part of its content) is strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use with our written permission.
CONTENT LINKED TO THE SITE
The Site may contain links to third party websites. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site. We undertake no obligation to monitor or review any sites linked to or from the Site. Your use of any such site is subject to the terms and conditions of such sites and at your own risk. We reserve the right to disable links from any third party sites to the Site.
THE SITE IS PROVIDED “AS IS,” AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. PEBBLEBROOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE AND NON-INFRINGEMENT. PEBBLEBROOK DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH PEBBLEBROOK TAKES REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND PEBBLEBROOK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY
NEITHER PEBBLEBROOK NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, SHALL BE LIABILE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PEBBLEBROOK’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PEBBLEBROOK, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE OR ANY MATERIALS, OPINIONS, OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pebblebrook respects the intellectual property rights of third parties. Pebblebrook responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512(c)(2). Whether or not Pebblebrook believes that it is liable for any copyright infringement for which it is provided notice, Pebblebrook’s acknowledgment may include removing or disabling access to material claimed to be subject of infringing activity and/or terminating an individual’s access to the site, at Pebblebrook’s discretion and operating within the guidelines of the DMCA. If you believe that you work has been copied in a manner that constitutes copyright infringement, please contact: Pebblebrook, 4747 Bethesda Avenue, Suite 1100, Bethesda, MD 20814, [phone], [email], including the following information:
- Your name, address, telephone number, and email address;
- A description of the allegedly infringing material and where it is located on the Site;
- A description of the copyrighted work that you claim has been infringed;
- A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law; and
- Your written or electronic signature attesting to the above.