General

This website (the “Site”) is owned and operated by Bobby Martins Inc (“COMPANY,” “we” or “us”) also referred to as Move Up San Diego. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Our Limited License to You

This Site and all materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.

Unless explicitly authorized, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute any material from the Site. You may, however, download and/or print one copy of individual pages of the Site for personal, non-commercial use, provided all copyright and proprietary notices remain intact.

Your License to Us

By posting or submitting any material (comments, blog entries, photos, videos, etc.) to us via the Site, social media, or email/text, you represent:

  • You own the material or have consent from the owner.
  • You are 13 years of age or older.

When submitting material, you grant us a royalty-free, perpetual, irrevocable, worldwide license to use, copy, modify, distribute, sell, exploit, create derivative works, and publicly display such material in any medium, for any purpose.

Any contributions created by you for us may be deemed a “work made for hire” under U.S. Copyright Law, in which case COMPANY owns the copyrights. If not considered a “work made for hire,” you assign all proprietary rights, including copyrights and trademarks, to COMPANY.

Limitations on Linking and Framing

You may link to the Site without implying sponsorship. Framing or incorporating Site content into another website without prior written permission is prohibited.

Disclaimers

We may provide links to third-party sites. Linking does not imply endorsement, and we are not responsible for third-party content. Information, products, and services on the Site and linked sites are provided “as is” without warranties. We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

You agree to defend, indemnify, and hold harmless COMPANY and affiliates from any claims arising from your use of the Site.

Online Commerce

Purchases on the Site may be from third parties. COMPANY is not responsible for product quality, accuracy, or merchant policies. Transactions are solely between you and the merchant. Unauthorized sharing of purchases is prohibited.

If payment fails, access to premium materials may be disabled until the issue is resolved.

Interactive Features

The Site may include bulletin boards, chat rooms, and other interactive features. You are responsible for your own postings and must not:

  • Restrict others from using the Site.
  • Impersonate anyone or misrepresent affiliations.
  • Disrupt servers or networks.
  • Instigate illegal activities.
  • Gain unauthorized access.
  • Post unlawful, harmful, or offensive content.
  • Infringe on others’ intellectual property.
  • Post viruses or harmful software.
  • Use the Site for commercial purposes without approval.

COMPANY may remove content at its discretion and is not obligated to monitor public forums.

Registration

Access to some Site features may require registration. You must provide accurate information. COMPANY may suspend or terminate accounts for inaccurate information. Personal information is governed by our Privacy Policy.

Passwords

You are responsible for maintaining the confidentiality of your account and password and for all activities under your account. Notify us immediately of unauthorized use.

Limitation of Liability

COMPANY and affiliates are not liable for any damages resulting from use or inability to use the Site, materials, or third-party content, even if advised of the possibility of such damages.

Termination

COMPANY may terminate your access to the Site at any time without notice. Restrictions and disclaimers survive termination.

Refund Policy

Refunds depend on the specific product, service, or event. Policies are defined individually.

DMCA

If you believe material hosted by COMPANY infringes your copyright, you may send a DMCA notice to: bobby@moveupsandiego.com. Counter-notices may also be sent according to DMCA guidelines: http://www.loc.gov/copyright.

Governing Law

These Terms are governed by the laws of California. Disputes are subject to binding arbitration in San Diego, California. If any provision is unenforceable, it is severable from the agreement.

Disclaimer

This policy may change at any time. Updates will be posted on the Site. Questions may be directed to: bobby@moveupsandiego.com.