COMMON AREAS, LLC PRIVACY POLICY

Common Areas, LLC understands that our users are concerned about how personal information is collected and used. Please be assured that we take your privacy very seriously and are committed to safeguarding personal information or personal data. This notice describes our Privacy Policy, which covers the personal information that we collect on our websites and downloadable software.

The Privacy Policy was last updated on January 1, 2019 and may be updated from time to time, and applies to the use and sharing of personal information collected on and after the date that this Privacy Policy is posted. You should check the date of the policy and review any changes since the last version. This Privacy Policy is effective immediately for users that sign up for Common Areas accounts on or after January 1, 2019 and will become effective on January 1, 2019 for users that already have Common Areas accounts or are a member of a Common Areas account. As used in this Privacy Policy, “Common Areas” includes all of its subsidiary and affiliated entities. Common Areas, LLC is a California Limited Liability Company with its headquarters in Tustin, California. Common Areas is referred to in this Privacy Policy as “we ,” “us,” “our,” and “ ourselves,” and we are the controller of your personal information that is provided, collected, and/or processed pursuant to this Privacy Policy. We will refer to our www.commonareas.com, commonareas.io, “subdomain”.commonareas.io websites as well as any other websites operated by Common Areas as the “ Site(s).” The Site(s) and any related services operated by Common Areas will collectively be referred to as Common Areas’ “ Service(s)”. By accessing and using our Sites, you are agreeing to be legally bound by this Privacy Policy.

1. Information Collection and Use

   Common Areas is determined to protect your privacy, and takes reasonable steps to this end, such as requiring a password at login. No Internet, e-mail, or other electronic communication is ever fully secure or error free, so you should take special care in deciding what information you send us. You, the user, are responsible for maintaining the secrecy of your login information.

   Account Information

   When you create or reconfigure a Common Areas account, or when you access, login, or visit the Service, you provide some personal information that particularly identifies you. (“ Personally Identifiable Information”). This includes your name, username, password, and e-mail address that are required when you sign up for the Sites. You may also register using other information, such as your gender, telephone number(s), address, business name, business type, business role, fax number, and website address. You may provide this information directly to us when you register for an account on our Site. Your name, profile pictures, location and action item pictures, gender, company(s), username, and name are public.

   User Generated Content

   You may also choose to post content, including service provider comments and ratings, photographs, information you choose to share when you take an action, such as when you add a contact, add an action item, add a location, add a checklist, etc. (“User Generated Content”) by submitting the same through the Services, and may be shared with others. However, you do not have to provide this information to us.

   Use of Personally Identifiable Information and User Generated Content

   The Personally Identifiable Information and the User Generated Content you provide is used to the extent we have a lawful basis for doing so, including our “legitimate interest,” contractual necessity, and consent.

   The legitimate interests of us include the purposes of:

   • Providing the Service’s functionality, improving our services, personalizing the Services, and fulfilling your requests;
   • Research and analysis, including tracking usage of the Services, providing feedback to third parties that are on the Services, and researching the effectiveness of our Services;
   • Sales and marketing, including displaying relevant advertising, marketing the Service, and communicating with you about specials and new features;
   • Providing customer support, troubleshooting, and responding to your customer service inquiries;
   • Administration, including backing up our systems, allowing for disaster recovery, enhancing the security of our Services, preventing misuse of our Services and to comply with legal obligations.

   Irrespective of which country that you reside in or create information from, your information may be used by Common Areas in the United States or any other country where Common Areas operates. All data for our Services are stored on Amazon Web Services servers. If you are outside the United States, your information will be sent to and stored in the United States, where the Amazon Web Services servers are located. Please see Amazon’s Privacy Policy for more information.

   Passive Collection

   We collect information passively using servers that automatically record information created by your use of the Services. This information may include:

   • Your IP address
   • Technical information about your computer or mobile device (such as device type, browser type, your mobile carrier, operating system, application identifier, installed application version, and/or last access time)
   • Your preferences and settings (time zone, language, etc.)
   • The unique identification number of your mobile device
   • The geographic location of your (mobile) device (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically)
   • The referring domain, pages visited and order in which those pages were visited
   • The amount of time spent on particular screens, and the dates and times of your requests
   • A detailed log of the time and dates of your use of the Services, any information added during your use of the Services, any information downloaded during your use of the Services, and the steps taken in the use of the Services
   • Search terms

   Other actions, such as interactions with our Services and advertisements, may also be collected. We may use this information to determine the frequency with which our users visit various parts of our Services, or use various functions of our Services to help diagnose problems with our servers, to administer the Services, and to conduct research on its customer demographics, interests and behavior based on the Personally Identifiable Information, the User Generated Content, and other information provided to us. Such research may be compiled and analyzed on an aggregate basis. We may use a third-party service to collect this information, including Google Analytics, and our use of the information is within the limits imposed by the Google Analytics Terms of Service.

   Cookies : We may use “cookie” technology to collect additional Site usage data and improve our Services to deliver content specific to your interests. A cookie is a small data file that is transferred to your computer’s hard disk. We may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services. With the use of cookies, you will not be required to reenter your login data upon each visit. Your web browser can be configured to warn you each time a cookie is being stored, or to turn off all cookies. Please note that changing any of these settings does not prevent the display of certain advertisements to you.

   Pixel Tags : We may embed pixel tags (also called web beacons or clear GIFs) on web pages, ads, and emails. These tiny, invisible graphics are used to access cookies and track user activities (such as how many times a page is viewed.) We use pixel tags to measure the popularity of our features and services.

   Mobile Device IDs : We may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of or in addition to cookies, to recognize you. We do this to store your preferences and track your use of our Services. Unlike cookies, device IDs cannot be deleted.

   Do Not Track Signals : Do Not Track or “DNT” is a feature enabled on some browsers that sends a signal to request that a web application disable its tracking or cross-site user tracking. At present, our Site does not respond to or alter its practices when a DNT signal is received.

2. Information Sharing and Disclosure

   Common Areas may share or disclose certain Personally Identifiable Information and User Generated Content with your consent. You may request that Common Areas not disclose your Personally Identifiable Information to third parties. You may do so either at the time you register or by contacting us by writing to us at the address listed below.

   Controlling what is shared when you share with others

   When others share information about you, they can also choose to make it public. Just like when you share information by email or elsewhere on the web, information you share on the Site can be re-shared. This means that if you share something on Common Areas, anyone who can see it can share it with others.

   Purchase or Sale of Businesses : From time to time we may purchase a business or one or more of our businesses may be sold, and your personally identifiable information may be transferred as a part of the purchase or sale.

   Sharing of Posted Content: Pursuant to the Terms of Service you have granted us a non-exclusive, transferable, sublicensable, royalty free, worldwide license to use your voluntarily submitted User Generated Content on the Site, provided that such use does not include your personal or company name without your written consent. If you do not want certain information shared with others, you should not submit User Generated Content.

   Disclosures Required by Law and Other Possible Disclosures : We will disclose Personal Information when we believe in good faith that such disclosures are required by law or that disclosure is necessary, for example, to comply with a court order or subpoena; will help to enforce our Terms of Use; to provide authorities with evidence of any breach of our Terms of Use that constitute or are suspected to constitute the violation of any law; to investigate, prevent, or take action regarding illegal or suspected illegal activities; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security; or protect the safety and security of the Services, us, or third parties, including the safety and security of property that belongs to us or third parties.

   Service Providers : We may engage certain trusted third parties to perform functions and provide services to us. We may share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to the obligations mirroring the protections of this Privacy Policy.

   Third Party Advertising: We may use third party advertising companies to serve advertisements to you when you visit the Site. These companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. We may allow third parties to use Cookies through the Service to collect the same type of information for the same purposes as we do. In doing so, we adhere to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt out of some of their practices by visiting the following links: Network Advertising Initiative , Omniture , Digital Advertising Alliance and PrivacyChoice. Please note that opting out does not prevent the display of all advertisements to you. Additionally, we may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address) to facilitate the display of targeted advertising. You may be able to limit our sharing of some of this information through your mobile device settings, as described above, or through the Service’s settings.

   Non-Private or Non-Personal Information : We may share or disclose your non-private, aggregated, or otherwise non-personal information with affiliates, agents and business partners of Common Areas. We may disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.

3. Controlling your Personally Identifiable Information

   To keep your Personally Identifiable Information accurate, current and complete, we provide you with tools to access or modify such information you provided to us and associated with your account.

4. Deactivation of Account

   You can deactivate your account by contacting us by email at support@commonareas.com and by completing the account closing procedure, your Personally Identifiable Information will be deleted within six (6) months after receiving your request to delete such Personally Identifiable Information. We may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law.

5. Data Retention

   We retain Personally Identifiable Information about you for a period of time consistent with the original purpose of collection, whether or not you have an account with us, if doing so is necessary for our legitimate purposes. After we deactivate your account, we may retain some information in a depersonalized or aggregated form but not in a way that would identify you personally. Because of the collaborative nature of our Services, we will not be able to delete any User Generated Content that is posted publicly. We may be able to anonymize your information such that you will no longer be reasonably identifiable.

6. Marketing Communications and Sharing Preferences

   If you do not want to receive promotional emails from us, you can click the “unsubscribe” button on the promotional e-mail; communications, or email us at privacy@commonareas.com with the subject “Marketing Opt-Out.” You will not be able to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, password reminders, changes or updates to features of the Services, or technical and security notices.

   If you have agreed to receive communications from us or to permit us to share your Personally Identifiable Information with third parties, you may request that, in the future, we not send you communications or share your Personally Identifiable Information.

7. Security

   We use various safeguards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

8. Our Policy Towards Children

   We do not knowingly collect or solicit The Children's Online Privacy Protection Act imposes certain requirements on websites directed at children under 13 that collect information on those children, and on websites that knowingly collect information on children under 13. Our Services are not directed at children under 13 and does not knowingly collect any personal information from children under 13. If you are under 13, you should not register to become a member or provide any personal information through this Site. If you have reason to believe that a child under 13 has provided personal information to Common Areas through the Services, please contact us at (privacy@commonareas.com), and we will endeavor to delete that information.

9. Your Privacy Rights

   Notice to California Residents: A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

   A business is not required to provide the above-described lists if the business adopts and discloses to the public (in its Privacy Policy) a policy of not disclosing a customer's personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure or gives customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. The business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise the right.

   Notice to European Union “EU” Residents: If you are located in the EU, the United Kingdom, Lichtenstein, Norway, or Iceland, and use or access the Services, you may have certain rights with respect to your Personally Identifiable Information. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personally Identifiable Information, if necessary to verify your identity and the nature of your request.

   • Access: You can request more information about the Personally Identifiable Information we hold about you and request a copy of it. You can also access certain of your Personally Identifiable Information by logging into your account.
   • Rectification: If you believe that any Personally Identifiable Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such information. You can also correct some of this information directly by logging into your account. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
   • Erasure: You can request that we erase some or all of your Personally Identifiable Information from our systems.
   • Withdrawal of Consent: If we are processing your Personally Identifiable Information based on your consent (as indicated at the time of collection of such information), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personally Identifiable Information, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
   • Portability: You can ask for a copy of your Personally Identifiable Information in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
   • Objection: You can contact us to let us know that you object to the further use or disclosure of your Personally Identifiable Information for certain purposes.
   • Restriction of Processing: You can ask us to restrict further processing of your Personally Identifiable Information.
   • Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personally Identifiable Information with the supervisory authority of your country or EU Member State.
   
   
10. Contacting Us

    You may contact via email @ privacy@commonareas.com concerning our Privacy Policy, or write to us at the following address:

    Common Areas, LLC.
    Attn: Data Privacy Officer
    195 South C Street
    Suite 250
    Tustin, CA 92780
    

11. Notice of Changes

    We may revise this Privacy Policy from time to time. The most current version of the Privacy Policy will govern our collection, use and disclosure of information about you. If changes are made to this Privacy Policy, we will notify you either by e-mail or on the Site. If changes are material, we will provide you additional prominent notice as appropriate under the circumstances.

Last updated: January 1, 2019

COMMONAREAS.COM TERMS OF SERVICE

The commonareas.com, commonareas.io and all unique commonareas.io subdomains (e.g., companyname.commonareas.io websites) collectively (“the Website”) are owned and operated by Common Areas, LLC. (“Common Areas”). The following Terms of Service (“Terms”) govern your access to and use of Common Areas’ services and the Website (“the Services”), and any content, including without limitation, information, text, graphics, photos, sounds, music, videos, captions, scripts, data, plans, specifications or other materials or interactive features uploaded, downloaded, or appearing on the Website (collectively, “the Content”). Further access to and use of the Services are conditioned upon your acceptance of the Terms, and you agree to be bound by these terms by accessing or using the Services. If you do not agree, you do not have the right to access or use the Services.

You agree to these Terms on behalf of the company or other legal entity for which you are acting, or, if there is no company or legal entity, on behalf of yourself as an individual. You represent and warrant that you have the authority to act on behalf of and bind such entity, to the extent there is one, and yourself.

The Terms of Service may be updated from time to time, and applies to your access to and use of the Services on and after the date that this Terms of Service is posted. It is your sole responsibility to check the date of the Terms of Service and review any changes since the last version and to determine, in consultation with your independent legal counsel, whether to access or use the Services, understanding that you, and any company or legal entity on whose behalf you may be accessing the Website, Services, or Content, shall be bound by the Terms set forth herein.

1. PRIVACY.

   Any information you provide to Common Areas is subject to our Privacy Policy (https://commonareas.com/privacy-policy/) , which governs the collection and use of your information, as well as the information of any company or legal entity on whose behalf you may be accessing the Website or the Services. You understand that through your use of the Services you consent to the collection and use of this information as set forth in the Privacy Policy.

2. ACCESS.

   Common Areas grants you a limited, revocable, non-sublicensable, non-exclusive license to access the Services. In exchange for the limited license provided for herein, you agree to (1) abide by the Terms of Service set forth herein and (2) forever release, discharge and hold Common Areas and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers harmless from and against any and all damages arising out of or related to the use of the Website, Services, or Content.

   1. Age. The Services are not directed at children under 13 and Common Areas does not knowingly collect any personal information from children under 13. If you are under 13, you should not register to become a member or provide any personal information through this Site. If you are under 18, you may use the Services only with the approval of a parent or guardian.
   2. In order to access some features of the Services, you will need to create an account. You may never use another user’s account without the account holder’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs on your account.
   3. You are responsible for safeguarding the password that you use to access the Services and for any activities that occur under your password. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account, but you will be liable for any losses sustained by Common Areas or others due to such unauthorized use. You must notify Common Areas immediately of any breach of security or unauthorized use of your account.
3. CONDITIONS OF USE.
   1. By using the Services, you agree to comply with each of the following conditions:
      1. You will not post Content or take any action on the Services that infringes or violates someone else's rights or otherwise violates the law. Posting Content which infringes on the rights of another entity or individual, including but not limited to, intellectual property, copyrights, trademarks, or other rights is a violation of the Terms of Service, and you agree to indemnify, immediately defend, and hold harmless Common Areas and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all claims, losses, demands, and damages, including attorneys’ fees and costs, arising out of our or in any way related to such infringement, or allegation of infringement, to the fullest extent permitted by law.
      2. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
      3. You will not use Common Areas’s copyrights or trademarks, or any confusingly similar marks, except as expressly permitted with our prior written permission.
      4. If you collect information from users, you will: obtain their consent, make it clear you (and not Common Areas) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
      5. You will not post anyone's identification documents or sensitive financial information on the Services.
      6. Common Areas, in its sole discretion, shall have the right to disable, suspend, limit, or terminate the limited license provided for in this Agreement, for any reason, or no reason at all.
   2. Users of the Services must provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
      1. You will not provide any false personal information on the Services, or create an account for anyone other than yourself without permission.
      2. You will not provide any false company information on the Services, or create an account for a company without the appropriate authority and permission of that company.
      3. You will not create more than one personal (base) account.
      4. If we disable your account, you will not create another one without our permission.
      5. You will not use Common Areas if you are under 13 years old.
      6. You will keep your contact information accurate and up-to-date.
      7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
   3. Common Areas in no way warrants or guarantees that the Services or Content on the Website are safe or accurate. We need your help to keep the Services safe, which includes the following commitments by you:
      1. You will not post unauthorized commercial communications (such as spam) on the Services.
      2. You will not collect users' Content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers).
      3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Services.
      4. You will not upload viruses or other malicious code.
      5. You will not solicit login information or access an account belonging to someone else.
      6. You will not bully, intimidate, or harass any user.
      7. You will not upload or post Content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
      8. You will not upload or post any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party.
      9. You will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes on the Services.
      10. You will not use the Services, either directly or in connection with, anything unlawful, misleading, malicious, or discriminatory.
      11. You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.
      12. You will not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services.
      13. You will not access, tamper with, or use non-public areas of the Services, Common Areas’s computer systems, or the technical delivery systems of Common Areas’s providers.
      14. You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
      15. You will not access or search or attempt to access or search the Services by any means other than through our currently available interfaces.
      16. You will not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false-source identifying information.
      17. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other functionality.
      18. You will not facilitate or encourage any violations of these Terms of Service or our policies.
   4. You are responsible for your security on your end. By your continued use of the Services, you acknowledge that your access to the Services and your Content may occasionally be disrupted. You are at all times responsible for storing any maintaining any such backup copies of your Content.
   5. You own all of the Content and information you post on the Services.
      1. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you upload to the Services or post on the Services provided that such use does not include any your name or company name without your written consent. This includes the right for Common Areas to access, store, and use Content for marketing purposes, generating analytical reports, for comparative tracking and reporting, and similar suitable business purpose.
      2. When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others unless you or others have previously shared the content and they have not deleted it).
      3. When you publish content or information using the sharing or autoshare setting, it means that you are allowing those included on the sharing list, possibly including people off of the Services, to access and use that information, and to associate it with you (i.e., your name and profile picture).
      4. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any Content that is visible to them on the Website.
      5. You are responsible for all of your Content and for ensuring that your Content and its use with any of the Services comply with all applicable laws and regulations and these Terms.
      6. You represent and warrant that your Content will not infringe or misappropriate any intellectual property of proprietary rights of any person or violate any applicable laws or regulations.
      7. You acknowledge and agree that the Content contains and is based on data, information, and content obtained from other third parties. Common Areas cannot assure the accuracy or completeness of this data, information, and content and will not be responsible for any inaccurate or incomplete Content provided through the Services. Subject to Your compliance with this Agreement, You may access the Content made available to You solely for Your own internal purposes. You will not, and will not permit any third party to: (1) alter, modify, reproduce, or create derivative works of any Content; (2) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (3) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Content. Except as expressly set forth in this Agreement, You are granted no licenses or rights in or to any Content.
   Failure to comply with these conditions may lead to you being immediately and permanently banned from the Services.
4. COMMON AREAS RIGHTS.
   1. All right, title and interest in and to the Services are and will remain the exclusive property of Common Areas and its licensors. The Services are protected by copyright, trademark, patent, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Common Areas name, or any of the Common Areas trademarks, logos, domain names, and other distinctive brand features.
   2. Common Areas always appreciates your feedback, comments, or suggestions. Any feedback, comments, or suggestions you may provide regarding the Services or Common Areas is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you, just as you have no obligation to offer them.
   3. Common Areas reserves the right to monitor the Services for any potentially illegal activities, and to inform the appropriate law enforcement authorities upon discovery at our sole discretion. Nothing in these Terms of Service should be interpreted as obligating Common Areas to so monitor the Services.
   4. Common Areas can remove any content or information you post on the Services if we believe that it violates these Terms of Service or our policies.
   5. Common Areas reserves the right to remove or reclaim a username or similar identifier for your account it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name)
   6. The Services that Common Areas provides are always evolving and the form and nature of the Services that Common Areas provides may change from time to time without prior notice to you. In addition, Common Areas may stop, either permanently or temporarily, providing the Services, or any particular feature of the Services to you or to users generally and may not be able to provide you with prior notice. We reserve the right to take the Services offline for maintenance, repairs, power, internet, or other outages, and upgrades, for an indeterminate time. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
5. LINKS.

   The Services may contain links to third party websites or resources. You acknowledge and agree that we exercise no control over and are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, services, privacy policies, or practices on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Common Areas of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge your sole responsibility for and assume all risk arising from your use of any such websites or resources.

6. ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT.

   Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. You understand that we may not always identify paid services and communications as such.

7. NO WARRANTIES.

   COMMON AREAS MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Your access to and use of the Services or any Content is at your own risk, and we provide no guarantees of performance, availability, safety, security or free from any error. We do not guarantee that the Services will always function without disruptions, delays or imperfections. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Common Areas makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content.

8. LIMITATION OF DAMAGES.

   If you are dissatisfied with the Services or these Terms, your sole and exclusive remedy is to discontinue using the Services. You understand and agree that Common Areas shall not be responsible or liable for any loss or damage resulting from your use of the Services and that this limitation shall survive termination or expiration of this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMMON AREAS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST GOODWILL, LOST PROFITS, DATA, USE, GOOD-WILL, LOST BUSINESS OR OTHER INDIRECT ECONOMIC DAMAGES, WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHER LEGAL THEORY, AS A RESULT OF (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OR COMMON AREAS-CREATED CONTENT OBTAINED FROM THE SERVICES; (iv) A THIRD PARTY’S USE OF ANY CONTENT OR COMMON AREAS-CREATED CONTENT OBTAINED FROM THE SERVICES; (v) UNAUTHORIZED ACCESS, USE OR ALTERNATION OF YOUR TRANSMISSIONS OR CONTENT, or (vi) A BREACH OF ANY WARRANTY OR ANY OTHER TERM OF THESE TERMS, REGARDLESS OF WHETHER COMMON AREAS WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Common Areas’s liability will be limited to the fullest extent permitted by applicable law.

9. TERMINATION.

   These Terms are effective until terminated by Common Areas, in its sole discretion, and at any time without notice. In addition, these Terms and the licenses and permissions contained herein shall terminate automatically if you breach of the terms or conditions contained in these Terms. Notwithstanding the foregoing, Sections 4-12 shall survive any termination of these Terms. You agree that upon termination, Common Areas has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services immediately and without notice, and remove and discard any content within the Services, for any reason. You agree not to attempt further use of the Services upon termination.

10. INDEMNITY.

    You agree to immediately defend, indemnify and hold harmless Common Areas, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, damages, liability, loss, and claims, including attorney’s fees and court costs, resulting from or on account of: (i) any act or omission, whether negligent, willful, or otherwise in connection with your use of the Services; (ii) your Content or Common Areas-Created Content, including allegations of infringement of any intellectual property right of a third party arising from or relating to your Content or Common Areas-Created Content, and any use of your Content or Common Areas-Created Content; or (iii) any breach of your obligations under these Terms, including a claim that asserts or purports to be based on Common Areas’s negligence. Common Areas reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such a case, you agree to cooperate with Common Areas in defense of such matter. Your obligations under this Section 10 shall survive the termination or expiration of this Agreement.

11. EXPORT.

    When you access or use the Services, you must comply with the export control and international trade laws and regulations of the United States and of any other country whose laws apply to you or your Content. You must not access or use the Services from within a U.S. sanctioned location or if you appear on any U.S. government restricted parties list. You must obtain U.S. government and any other required authorization before you obtain, access or use, or allow any third party to obtain, access or use, the Services for a U.S.-restricted end use. You must not upload or otherwise provide Common Areas with any content or materials, including your Content, that constitute classified information or that are subject to the International Traffic in Arms Regulations (“ITAR”) or its foreign counterparts. You must not upload or otherwise provide Common Areas with any content or materials that cannot legally be transferred from your location to the United States or from the United States to your location. You must not use the Services to make your Content or any other content or materials available to any country, entity or other party that cannot legally receive them under U.S. and other applicable law.

12. GENERAL.
    1. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
    2. Governing Law. This Agreement shall be governed by the laws of the United States and the State of California, without reference to conflicts of law principles. The Terms hereof shall be deemed to have been executed and performed in the State of California, and shall be exclusively governed by, construed and interpreted in accordance with the laws of the State of California as to all matters, including but not limited to matters of validity, construction, effect and performance, excluding choice of law principles of such State as may require application of the laws of another jurisdiction.
    3. Mandatory Arbitration. You and Common Areas agree to arbitrate all Disputes. Instead of a judge or a jury, the Dispute will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST Common Areas. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS ( www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Tustin, California, or another mutually agreeable location. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For purposes of this arbitration provision, references to You and Common Areas also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Common Areas services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Santa Ana and County of Orange, California, or federal court for the Central District of California.
    4. Non Waiver. The failure of Common Areas to enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision.
    5. Severability. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
    6. Amendments. Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice and an opportunity to comment on changes to these Terms of Service. Your continued use of the Services following changes to our terms constitutes your acceptance of our amended terms.
    7. Entire Understanding. These Terms set forth the entire understanding and agreement between you and Common Areas with respect to the subject matter contained herein, and supersedes any prior written or oral agreements or understandings.
13. DMCA.

    The Digital Millenium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. Copyright law. If you believe in good faith that any Content made available by or through Common Areas infringe your Copyright, you or your agent may send Common Areas a notice requesting that Common Areas remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Common Areas a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter-notices may be sent to:

DMCA Agent
Common Areas, LLC
195 S. C St.
Suite 250
Tustin, CA 92780
E-mail: copyright@commonareas.com
+1(714)-408-9000

Last updated: January 1, 2019