Terms of Use

Terms of Use

These Terms and Conditions of use apply to you when you view, access or otherwise use the website
located a www.gardnercompany.com (the “Site”). The Site is owned and operated by Gardner
Management, Ltd. ("Gardner"). Please read these Terms of Use carefully before using this Site. By
accessing or using this Site in any way, including without limitation, browsing this Site, using any
information, and/or submitting any content or personal information to Gardner, you agree to and are
bound by the terms, conditions, policies and notices contained on this page (these "Terms"), including
conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and
limitations, and a choice of California law.

1. SITE CONTENT

(a) This Site is for your noncommercial and personal use. All contents of this Site are: ©Gardner
Management, Ltd. All rights reserved. This Site contains copyrighted material, trademarks, service
marks, trade dress and other proprietary content, including but not limited to text, software,
photographs, buttons, images, logos, and graphics (the "Content"), and the entire selection,
coordination, arrangement of this Site and the Content are copyrighted as a collective work under
United States copyright laws (collectively, "Intellectual Property Rights"). Neither these Terms nor your
use of this Site transfers any right, title or interest in the Site or the Content to you, and Gardner and any
third party licensors retain all of its and their respective right, title and interest to the Site and Content.

(b) Except as provided in these Terms, you may not use, print, display, modify, republish, frame, ,
perform, transfer, reproduce, license, sell, assign, post, distribute, transmit, reverse engineer, create
derivative works from, or otherwise exploit any Content or information from this Site, in whole or in
part, without the express written permission of Gardner.

(c) Although this Site is available through Internet access to anyone worldwide, this Site may not be
continuously available due to maintenance or repairs, disruption in Internet service or other unforeseen
circumstances. Morever, a reference to a product or service on this Site does not imply that such
product or service is or will be available in your location. The Content of this Site, including any
advertising content, is intended for use and display only where its use and display are permissible in
accordance with applicable laws and regulations.

(d) Certain materials on this Site may be furnished by third parties, including advertisements. Certain
product, service, or company designations for companies other than Gardner may be mentioned in the
Site for identification purposes only. Third party trademarks, logos, trade names, product or services
names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

2. AGE RESTRICTIONS

The Site is directed to persons 18 years of age or older. Gardner and the Site do not knowingly collect
information from children under age 18. If you are under age 13, you are not permitted to use the Site
or to submit any personally identifiable information to the Site. If you provide information to Gardner
through the Site, you represent and warrant to Gardner 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 Site, but you may not submit
any personal information to the Site, and you represent and warrant to Gardner that you have the
permission of your parent or guardian to use the Site and any activities on the Site, and your parent or
guardian agrees to these Terms on your behalf. If you are a parent or guardian and believe Gardner may
have inadvertently collected personal information from your child under age 18, please notify Gardner
immediately by sending an email to info@gardnercompany.com.

3. USER CONDUCT

By using this Site, you agree to not:

(a) modify, delete, hack or attempt to alter or change any of the Content on the Site;

(b) use any software, device or routine intended to damage or otherwise interfere with the proper
functioning of the Site or servers or networks connected to the Site, or take any other action that
interferes with other parties' use of the Site;

(c) use any robot, spider or other automatic or manual device or process for the purpose of harvesting
or compiling information on the Site for purposes other than for a generally available search engine;

(d) use any Gardner name, service mark, or trademark without our prior written consent, including
without limitation as search engine keywords, metatags, or hidden text;

(e) use any material or information, including images or photographs, which are made available through
this Site in any manner that infringes any copyright, patent, trademark, trade secret or other proprietary
right of any party;

(f) upload files that contain corrupted files, viruses, worms, Trojan horses, time bombs, cancelbots, , or
any other similar software or programs that may damage the operation of another's computer or
property of another; or

(g) provide false information or impersonate someone else.

4. PERMISSIBLE USE

Except as indicated to the contrary elsewhere on this Site and by these Terms, you may view, copy,
retransmit and print the Content available on this Site subject to the following conditions:

(a) The Content is used solely for personal, informational, or internal business purposes;

(b) all copyright, trademark and other proprietary rights notices included in the Content as presented on
this Site appear on all copies;

(c) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any
fee or other consideration;

(d) the Content is not modified or altered in any way; and

(e) no graphics are used separately from accompanying text.
You may also link or hyperlink to the home page of the Site from any Acceptable Site (as defined below),
but only if:

(a) You do not frame the Site or any portion of the Site;

(b) you do not link into any page other than the home page (i.e., you do not deep link into the Site);

(c) the hyperlink to the Site is not used in a way that suggests that Gardner endorses you or your
website;

(d) the link to the Site is not used or presented in any way that disparages Gardner or tarnishes, blurs or
dilutes the quality of Gardner's names or trademarks or any associated goodwill; and

(e) the link to the Site is not displayed on any web page that displays objectionable content or links.

An "Acceptable Site" means a website that displays no objectionable content, including, but not limited
to, any content, information in any medium or format, such as text, data, graphics, audio or video, that:
(i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable 
person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or
otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or
publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to
violate any applicable law.

5. MODIFICATIONS TO TERMS AND SITE

Gardner may change these Terms from time to time. Please review these Terms periodically for any
updates or changes. Your continued use of this Site following the posting of any updates or changes to
these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms
or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of
the Site. Gardner reserves the right to modify or terminate your access to the Site (or portions of the
Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to
support or update the Site. Sections 1, 2, this Section 5, 7 and 10-17 of these Terms shall survive any
termination. Gardner may also impose limits on certain features and services, restrict your access to
parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. You
acknowledge and agree that Gardner will not be liable to you or any third party in the event that
Gardner exercises its right to modify or terminate access to the Site or portions of the Site.

6. YOUR PRIVACY

Gardner will treat any information it collects from you through this Site in accordance with its online
Privacy Policy (the "Privacy Policy"), which is hereby incorporated by reference. Please review the
Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the
Privacy Policy, please do not use this Site.

7. OTHER SITES, CONTENT, PRODUCTS AND SERVICES

As a convenience to you, this Site may provide links to web sites and access to content, products and
services of third parties, including without limitation, Gardner's partners and other entities with which
our connection consists of only a hyperlink ("Linked Sites"). You should refer to the separate terms of
use, privacy policies, and other rules posted on Linked Sites before you use them. Gardner does not
author, edit, monitor, endorse, sponsor or guarantee the information provided by third-parties and is
not responsible in any way for any advice, content, information, practices, products or services related
to or made available by third-parties. Gardner further disclaims responsibility and liability for: (a) the
availability of or content provided on such Linked Sites, nor does inclusion of any link imply
endorsement of the Linked Sites by Gardner, or vice versa; (b) third party content accessible through
such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or
(d) your dealings with any third parties found on or through this Site and any terms, conditions,
warranties, or representations associated with such dealings. You bear all risk associated with the use of
such Linked Sites, third party services, and your correspondence or business dealings with advertisers
other than Gardner found on or through this Site.

8. TYPOGRAPHICAL ERRORS

Our goal is to provide up-to-date and accurate information on our Site. Unfortunately, it is not possible
to ensure that any website is completely free of technological or human or errors. This Site may contain
typographical mistakes, omissions, or inaccuracies, some of which may relate to availability and pricing
of properties, and some information may not be current or complete. Gardner therefore reserves the
right to correct any inaccuracies, errors or omissions (including after a request for information or an
application has been submitted) and to change or update information at any time without prior notice.

9. COPYRIGHT INFRINGEMENT

Gardner 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 Gardner’s Copyright Agent a Notice containing the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been
infringed;

(c) 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 Gardner locate
content quickly on a Website);

(d) your name, address, telephone number, and email address;

(e) 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;

(f) 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.

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

Copyright Agent, Gardner Management, Ltd.
777 Silver Spur Rd. #111
Rolling Hills Estates, CA 90274
Email: info@gardnercompany.com

10. DISCLAIMER

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT,
MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN
"AS IS, WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. GARDNER EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF
TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. GARDNER MAKES NO WARRANTY, AND
EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE CONTENT
WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GARDNER DISCLAIMS 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 GARDNER 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 GARDNER 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.).
In jurisdictions which 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.

12. 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 this Site is Gardner Management, Ltd., 777
Silver Spur Rd. #111, Rolling Hills Estates, CA 90274, phone: 310.377.9571. 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 info@gardnercompany.com

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento,
CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

13. GOVERNING LAW AND DISPUTES

These Terms shall be governed by, and will be construed under, the laws of the State of California,
without regard to choice of law principles, except as to matters relating to arbitration, which shall be
governed by the Federal Arbitration Act. You irrevocably agree that the exclusive venue for any disputes
arising between you and Gardner out of, under, or in connection with these Terms, the Site, or the
Content shall be conducted in the County of Los Angeles, California. Any cause of action or claim you
may have with respect to these Terms, the Site, or the Content must be commenced within six (6)
months after the claim or cause of action arises or such claim or cause of action shall be barred.
You agree that any dispute between you and Gardner arising out of or relating to these Terms, the Site,
or the Content will be decided only by arbitration, individually and not on a class-wide basis. YOU
KNOWINGLY WAIVER ANY RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION or “class,” “joint” or
“representative” litigation (including in any “private attorney general capacity”) against Gardner. The
laws of the State of California, without regard to choice of law principles, shall apply to any dispute
between us, except as to matters relating to arbitration, which shall governed by the Federal Arbitration
Act. Any arbitration will be administered by the American Arbitration Association and will take place in
Los Angeles County, California. The remedy for any claim shall be limited to actual damages, and in no
event shall you be entitled to recover punitive, exemplary, consequential or incidental damages,
including attorney’s fees or other costs related to bringing a claim, or to rescind these Terms or seek
injunctive or any other equitable relief arising out of or related to any submission or these Terms.
The Site is 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. Gardner does not represent that the Terms, the Site, or the Content
are appropriate outside the United States of America. Gardner reserves the right to limit the availability
of the Site to any person, geographic area or jurisdiction at any time in its sole discretion.

14. YOUR INDEMNITY OF GARDNER

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD GARDNER, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS
ACTING IN CONCERT WITH IT (COLLECTIVELY, THE “GARDNER 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 SITE OR
OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE
RIGHTS OF GARDNER OR ANY THIRD PARTY. GARDNER 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 GARDNER’S DEFENSE OF SUCH CLAIM.

15. GENERAL

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the
court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the
other provisions of these Terms will remain in full force and effect. Gardner's failure to act with respect
to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to
subsequent or similar breaches. These Terms will be governed by and construed in accordance with the
laws of the State of California without regard to its choice of law provisions. In the event of any conflict
between foreign laws, rules and regulations and those of the United States, the laws, rules and
regulations of the United States will govern. These Terms of Use and the Privacy Policy, and any
modifications to the foregoing, constitute the entire agreement between the parties with regard to the
subject matter in these Terms and supersede all prior understandings and agreements, whether written
or oral, as to such subject matter.

16. ACKNOWLEDGEMENT

You hereby acknowledge (a) that you have read and understood these Terms, and (b) that these Terms
have the same force and effect as a signed agreement.

17. CONTACT INFORMATION

If you have any questions about these Terms of Use, the practices of Gardner, or your dealings with this
Site, please contact us through the address below.

Address:

Gardner Management, Ltd.
777 Silver Spur Rd. #111
Rolling Hills Estates, CA 90274

Last Updated: April 13, 2020
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