TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using our website (the “Site,”), you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use the Site.

MR Opco, LLC (sometimes referred to as “La Valle Coastal Club,” “La Valle,” “we,” or “us”) may revise and update these Terms of Use and the La Valle Privacy Policy at any time. Your continued usage of the Site will mean you accept those changes.

Compliance With Laws and Licensure 
You will comply with all applicable laws in connection with your use of the La Valle Services, including without limitation maintaining any necessary licenses or permits that may be required to render services to others in connection with the La Valle Services.

Liability of La Valle and Its Licensors
The use of the La Valle Services and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of La Valle and its licensors. Accordingly, La Valle assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

In no event shall La Valle, its licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, special, indirect, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the La Valle Services or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not La Valle, its licensors, or any third parties mentioned on the Site are advised of the possibility of such damages. In the event that La Valle, its licensors, or any third parties mentioned on the Site Software shall be liable for damages, they shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. La Valle, its licensors, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, La Valle Software, Content, or “Public Areas” (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

User Submissions
The personal information you submit to La Valle is governed by the La Valle Privacy Policy. To the extent there is an inconsistency between these Terms of Use and the La Valle Privacy Policy, these Terms of Use shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, forums, article or other postings, user reviews of products, including drug products, etc.) that infringe or violate any rights of any person. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to La Valle by email, (including through the email addresses listed on the “Contact Us” page), or by mail, any communication or content that infringes or violates any rights of any person. If you submit any business information, idea, concept or invention to La Valle by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to La Valle by email or by mail, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted La Valle a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. La Valle may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to La Valle by email or mail. We try to answer every correspondence in a timely manner but are not always able to do so.

User Submissions — Image, Video, Audio Files
You agree to only post or upload media (such as photos, videos or audio files) that you have taken yourself or that you have all rights to transmit and license and which do not infringe or violate trademark, copyright, privacy or any other rights of any other person. Please note that photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains personally identifiable information (including without limitation name, phone number, email address or website URL.) of you or of anyone else. Uploading media such as images or video of other people without their permission (or, if a minor, his or her parent’s or legal guardian’s permission) is strictly prohibited.

By uploading any media on the Site, you warrant that you have permission from all persons appearing in such media for you to upload such media (or, if a minor, his or her parent’s or legal guardian’s permission) and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain any expressions of hate, any abuse, any offensive images or conduct, any obscenity, any pornography, any sexually explicit material or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use and the La Valle Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, La Valle Services or Content.

By uploading any media, you (a) grant to La Valle a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the media and any material included in the media; and (b) certify that any person pictured in the submitted media (or, if a minor, his or her parent or legal guardian) authorizes La Valle to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the media and any material included in such media; and (c) agree to indemnify La Valle and its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms of these Terms of Use.

La Valle reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, in its sole discretion.

Security
La Valle takes security very seriously. La Valle never sends your login credentials in the clear and ensures that whenever it does send that data across the Internet, it is always encrypted.

Passwords
La Valle has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your La Valle username, passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of your username and activation codes and passwords; (2) authorize, monitor, and control access to and use of your La Valle account, user name and password; (3) promptly inform La Valle of any need to deactivate a user name or password. You grant La Valle and all other persons involved in the operation of the La Valle Services the right to use (including without limitation to transmit, monitor, retrieve and store) your information in connection with the operation of the La Valle Services. La Valle cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the La Valle Services.

La Valle Community and Public Areas
If you use the Site blogs, message boards, forums, articles or other postings, user reviews or other user communities (the “Public Areas”), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. La Valle and its licensors are not responsible for the consequences of any communications in the Public Areas.

The following actions shall constitute a material breach of these Terms of Use:

1. Using a Public Area for any purpose in violation of local, state, federal or international laws or regulations;
2. Posting material that infringes or violates the intellectual property rights of others or infringes or violates the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing (or encourages harassment), abusive, tortious, defamatory, slanderous, libelous, hateful or embarrassing to any other person as determined by La Valle in its sole discretion;
4. Posting material that contains nudity or is obscene, pornographic, sexually explicit, or is otherwise offensive, as determined by La Valle in its sole discretion.
5. Posting material that contains graphic or gratuitous violence as determined by La Valle in its sole discretion.
6. Posting material that are misleading, malicious or discriminatory as determined by La Valle in its sole discretion.
7. Providing resources to or otherwise supporting any organization designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act.
8. Posting advertising or promotional materials;
9. After receiving a warning from La Valle, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
10. Posting chain letters or pyramid schemes;
11. Impersonating another person or misrepresenting your affiliation with another person;
12. Distributing viruses, worms, defects, Trojan horses, or other similar destructive or harmful items;
13. Harvesting or otherwise collecting information about others, including email addresses, without their consent for posting or viewing comments;
14. Allowing any other person to use your identification for posting or viewing comments
15. Posting the same note more than once or “spamming”;
16. Using the La Valle Services in any manner that could damage, disable, overburden, disrupt, or impair the La Valle Services or Site, or the network(s) connected to the Site, or engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of La Valle, exposes La Valle or any of its users or licensors to any liability or detriment of any type;
17. Modifying, adapting, translating, reverse engineering, decompiling, or disassembling the Site or La Valle Services;
18. Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or La Valle Services;
19. Framing, reformatting, or otherwise making the La Valle Services available to third parties;
20. Creating user accounts using any automated means or under false pretenses;
21. Preparing derivative works based on the Site or La Valle Services; or
22. Removing any proprietary notices, labels, or other identifying marks on content provided through the Site or La Valle Services.

La Valle reserves the right (but is not obligated) to do any or all of the following:

1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication does not conform to these Terms of Service and determine in its sole discretion to remove or request the removal of the communication.
3. Remove communications which are abusive, illegal, disruptive or that otherwise fail to conform with these Terms of Use.
4. Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of these Terms of Use.
5. Monitor, edit or disclose any communication in the Public Areas.
6. Edit or delete any communication posted on the Site, regardless of whether such communication violates these standards.

You agree that La Valle and its licensors shall have no liability or responsibility to users of the La Valle Services or any other person for performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites
La Valle may provide links to third-party websites. La Valle also may select certain sites as priority responses to search terms you enter, and La Valle may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. La Valle does not recommend and does not endorse the content on any third-party websites. La Valle is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use or terms of service for such sites. La Valle does not endorse any product, service, program or treatment advertised on the Site or in the La Valle Software.

You will be able to remit payment for La Valle Services through third party payment.  Although we may share a limited amount of your information with such third party sites in order to initiate payment, and information so shared will be subject to the La Valle Privacy Policy, your dealings with such third party sites will be subject to such third party sites’ privacy policies and terms of service or use, as explained in the preceding paragraph.

Indemnity
You agree to defend, indemnify, and hold La Valle, its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

General
La Valle makes no claims that La Valle, Site, La Valle Software and the Content are appropriate or may be downloaded outside of the United States. Access to the La Valle Services or Content may not be legal by certain persons or in certain countries. If you access the La Valle Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of La Valle and Its Licensors, User Submissions, User Submissions – Image, Video, Audio files, Indemnity, Jurisdiction, Notices, and Complete Agreement.

Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with La Valle, or in any way relating to your use of the La Valle Services, resides exclusively in the state and federal courts in a jurisdiction of La Valle’s choosing, and you further agree and expressly consent to the exercise of personal jurisdiction in in connection with any such dispute including any claim involving La Valle or its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors, including without limitation its service providers and content providers.

These Terms of Use are governed by the laws of the State of California, excluding those laws that direct the application of the laws of another jurisdiction. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notices
La Valle may be required by state or federal law to notify you of certain events. In addition, La Valle may need to notify you from time to time regarding changes to these Terms of Service, the La Valle Privacy Policy or the La Valle Services. You agree that such notices will be effective upon La Valle posting them on the Site, sending them to you through email or postal mail or notifying you via other means required by law. Evolution will use the contact information provided to it by you.  If you do not provide La Valle with accurate information to contact you, La Valle will not be held liable if it fails to notify you.

You consent to receiving any notices regarding these Terms of Service, the La Valle Privacy Policy, the La Valle Services or any notice required by law, including notice of a any breach of security involving your personally identifiable information, by posting them on the Site or by notifying through email or postal mail.

Notice and Takedown Procedures; Copyright Agent
If you believe any materials accessible on or from the La Valle Services infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting La Valle’s copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) email address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

La Valle’s agent for copyright issues is as follows:

La Valle
Attn.: Operations
2235 Broadway Boulder, CO 80302

In an effort to protect the rights of copyright owners, La Valle maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the La Valle Services who are repeat infringers.

Complete Agreement
Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use and the La Valle Privacy Policy constitute the entire agreement between you and La Valle with respect to the use of the La Valle Services and Content.

Thank you for your cooperation. Questions or comments regarding this website should be submitted to:

La Valle
Attn.: Operations
2235 Broadway Boulder, CO 80302