Effective Date: July 12, 2021
This Privacy Statement sets forth the online data collection and usage policies and practices that apply to AAOC.com and does not apply to information we collect in any other fashion. AAOC.com is operated by the Apartment Association of Orange County (AAOC).
1. Collection of Information by AAOC.com
By using AAOC.com, we may request that you provide personal information, including your name, mailing address, email address, telephone number and other generalized background information. In addition, if you enter personal information on an online form, we will collect the personal information you provide, which may include your company name and location, company contact information, billing contact information, and other information related to your relationship with AAOC. We may also collect payment card information for purposes of membership dues payment and other transactions. When registering for an account, we may ask that you provide a username and select a password. We ask that you maintain the confidentiality of your login credentials.
Moreover, there is information about your computer hardware and software that is or may be collected by us. This information can include without limitation your IP address, browser type, domain names, access times and referring website addresses, but is not linked to your real-world identity. We also get information about your interaction with our website to learn more about how our visitors interact with our website so that we can better provide our services. Our servers automatically collect and log data about your server's Internet address when you visit us. When you request pages from our web site, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather demographic information about our customers as a whole, but does not include personally identifiable information. We do not attempt to connect your IP address with your real-world identity. Our server may also record the referring page that linked you to us (e.g., another web site or a search engine); the portions of AAOC.com you visited; any search terms you have entered on AAOC.com, or a referral site; and other web usage activity and data logged by our web servers.
2. Our Use of Your Information
3. Disclosure of Personal Information to Others
We do not disclose your personal information to third parties, or your combined personal and demographic information or information about your use of AAOC.com except as follows:
- With our service providers to provide Services for us and who are required to protect your personal information, including:
- data processing contractors that provide computer services on our behalf
- web hosting or web development firms that host or develop parts of AAOC.com
- distribution firms that will fulfill your requests
- billing firms that process your orders
- mailing firms that will assist us with our mailings
- marketing firms that will assist us with direct marketing
- data analytics firms that help us conduct customer research and analyze users’ interactions with AAOC.com
- service contractors that provide engineering services on our behalf
- With relevant business partners:
- with whom we jointly offer products and Services
- to facilitate a direct relationship with you, including in connection with any program we administer jointly or on behalf of the business partner
- to enable electronic communications with you as part of a purchase, a program, or other activity in which you have elected to participate
- With a purchaser of AAOC.com or sale or any of our legal entity (or our assets)
- To comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions
- To combat fraud or criminal activity, and to protect our rights or those of our affiliates, users, and business partners, or as part of legal proceedings affecting AAOC or our business partners
- In response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate
- With your consent.
You have a choice about the placement of cookies on our website. You can use your web browser to directly block all cookies, or just third-party cookies, through your browser settings. Using your browser settings to block all cookies, including strictly necessary ones, may interfere with proper site operation. Guidance on how to control cookies in popular browsers is contained here:
- Microsoft Internet Explorer
- MacOS Safari
- Mozilla Firefox
- Google Chrome
- Adobe (Flash Cookies)
5. Access to, Opt-Out and/or Modification of Your Information
AAOC.com may provide account holders limited access to or the ability to modify Your personal information. Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
If you are receiving newsletters, commercial emails or other communications from AAOC.com, but subsequently change your mind, you may opt-out by selecting an appropriate link in those email communications as indicated for the opt out or by sending an email to optout@ AAOC.com. We retain indefinitely all the information we gather about you in an effort to make your repeat use of AAOC.com more efficient, practical, and relevant.
6. Security of Personal Information
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. We restrict access to personal information to AAOC.com employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
AAOC.com is not intended for children under 18 years of age. We do not knowingly collect personal information from children under 18.
8. Do Not Track Disclosure
Regulatory agencies such as the U.S. Federal Trade Commission have promoted the concept of Do Not Track as a mechanism to permit Internet users to control online tracking activity across websites through their browser settings. Since no industry standard has been adopted, we currently do not process or comply with any web browser’s “do-not-track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit AAOC.com.
9. Third Party Links
10. Changes to Privacy Statement
11. International Users
Your Personal Information will be collected and stored in the United States, and subject to the laws of the United States. If you reside in a country outside the United States, please note that the data protection and privacy laws of the United States may not be as protective as the laws in your country.
12. Contact Information
Effective Date: july 12, 2021
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND THE APARTMENT ASSOCIATION OF ORANGE COUNTY AGREE THAT DISPUTES RELATING TO THIS TERMS OR YOUR USE OF OUR WEBSITE AND ONLINE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Use of this Site.
1.1 License. On the condition that you comply with all of your obligations under these Terms, AAOC grants you a limited, revocable, non-exclusive, non-assignable, non-sub-licenseable license and right to access this Site with a generally available web browser to view information and use this Site. Any other use of this Site is strictly prohibited and a violation of these Terms. AAOC and its licensors reserve all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in this Site and all related items.
1.2 Revision of these Terms. AAOC may revise these Terms at any time with or without additional notice to you. Such revised Terms will be effective when posted on this Site. You should revisit these Terms on a regular basis, as revised versions will be binding upon you. You understand and agree that your continued access to or use of this Site after the effective date of changes to these Terms indicates your acceptance of such revisions.
1.3 Cessation of Service. AAOC reserves the right to modify, terminate and suspend the operation of this Site, as well as the provision of any or all products or services via this Site, without notice or liability, at any time and for any or no reason in its sole and absolute discretion. Membership in the Apartment Association of Orange County does not include the right to access or use the Site, and your right to access and use the Site, including the restricted portions of the site, is not in consideration for any membership fees or other membership consideration.
1.4 Acceptance of Terms. You may not use any of the Site and you may not accept these Terms if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with AAOC. If you are an individual accepting these terms on behalf of an organization, you represent that you have the legal authority to enter into this agreement on that organization's behalf. If an organization is specified, or you use an email address provided by an organization you are affiliated with (such as an employer) in connection with your Account, that organization will be treated as the owner of the Account for purposes of these Terms.
2. Your Account.
2.1 Administrator Account. AAOC grants access to the site an any non-public areas of the Site to an organization’s designated administrator (the “admin”). The admin may permit individuals to access non-public portions of the Site. The admin controls access by end-users and is responsible for their use of the Site in accordance with these Terms.
2.2 Account Creation. In order to access restricted portions of this Site, you are required to create an account on this Site (your “Account”) and provide your contact information. AAOC reserves the right to refuse or reject any request to create an account for you for any or no reason at AAOC’s sole discretion.
2.3 Access Credentials and Security. If you have a password for access to non-public areas of the Site, you are responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. AAOC shall not be under any duty to inquire as to the authority or propriety of any instructions given to AAOC by you or via your password and shall be entitled to act upon any such instructions and AAOC will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, statements and other information received from AAOC. You must notify AAOC immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with AAOC in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.
2.4 Termination. If AAOC has reason to suspect that you have breached these Terms, or that any of your Information is not authorized, correct, current and complete, AAOC may, in addition to taking or reserving any other remedies against you, terminate your Account. AAOC reserves the right to erase any or all of your information from this Site, as well as to terminate your Account without notice or liability, at any time and for any or no reason in its sole and absolute discretion. Any suspension, termination or cancellation of your Account shall not affect provisions of these Terms, such as indemnification and limitations of liability, that are by their nature intended to survive such suspension, termination or cancellation.
2.5 Prohibited Uses. You agree that: (a) you will not violate these Terms or any of AAOC’s or its licensors’ rights or use this Site to violate the rights of any third party such as copyright or trademark rights; (b) you will use your true legal name and true electronic mail address, and only provide accurate and complete information on this Site; (c) you will provide at your cost all equipment, software, mobile access and Internet access necessary for you to use this Site; (d) you will copy information from this Site only as necessary for your personal, non-commercial use to view, save, print, fax or e-mail such information; (e) you will not otherwise reproduce, modify, distribute, display or provide access to this Site or its content; (f) you will not create derivative works from, decompile, disassemble or reverse engineer any portion of this Site; (g) you will not upload to or distribute through this Site any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer; (h) you will not record, process or mine information about other users, or access, retrieve or index any portion of this Site; (i) you will not remove or modify any copyright or other intellectual property notices that appear on this Site; (j) you will not access or use this Site in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, this Site, its computer systems, network or the account of any other user; (k) you will not attempt to gain unauthorized access to any parts of this Site or any user accounts, or any of this Site’s computer systems or networks; (l) you will not use this Site in any way that is unlawful, harms AAOC’s business, AAOC’s service AAOCs, licensors, representatives or any other user, or breaches any policy or notice on this Site; (m) you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name, password or other account information or another person’s name, likeness, image or photograph; (n) you will not charge any person for access to any portion of this Site or any information on this Site; (o) you will not access this Site through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from this Site) without AAOC’s prior express written permission; (p) you will not engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of this Site; and (q) you will not assist, encourage or enable others to do any of the preceding prohibited activities.
2.6 AAOC’s Right to Use Your Information. As between you and AAOC, your contact information, data and other information made available through your Account or that you otherwise make available from time to time on the Site (collectively, “Your Information”) is owned by you. You hereby irrevocably grant AAOC a worldwide, perpetual, non-exclusive, royalty-free, fully paid-up, assignable, sublicensable, transferable rights to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Information in connection with the Site and the services provided to you through the Site.
3. Representations and Warranties. You represent and warrant that:
3.1 the performance of your obligations under these Terms will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties;
3.2 you will use the Site and services provided by the Site for lawful purposes only and subject to these Terms;
3.3 you are responsible for all use of the Site and services provided by the Site by persons accessing the Site and such services through your account;
3.4 you agree that AAOC will not be liable for any losses incurred as a result of a third party’s use of the Site and services provided by the Site associated with your account, regardless of whether such use is with or without your knowledge and consent;
3.5 you will not use the Site and services provided by the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with use of the Site or services by others;
3.6 any information submitted to the Site or AAOC by you is true, accurate, and correct;
3.7 you understand that, except at expressly stated in these Terms, these Terms do not grant you any license to use, reproduce, distribute, display or provide access to any portion of this Site on third-party websites, or otherwise;
3.8 you will not attempt to gain unauthorized access to the Site or services provided by the Site, other accounts, computer systems, or networks under the control or responsibility of AAOC through hacking, cracking, password mining, or any other unauthorized means;
3.9 you agree to immediately notify AAOC of any unauthorized use of your account of which you become aware;
3.10 you are solely responsible for maintaining the confidentiality of your account names and password(s);
3.11 you are not a competitor of AAOC or its licensors and are not using the Site or services provided by the Site for reasons that are in competition with AAOC or its licensors;
3.12 if you use this Site in your capacity as an employee, owner or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by these Terms;
3.13 you will not impersonate another person or misrepresent your affiliation with another person or entity, including using another person’s username, password or other account information or another person’s name, likeness, image or photograph; and
3.14 your consent to be bound to any consents, notices, disclosures or other records or documents to be entered into between you and AAOC (“Electronic Contracts”), whether by typing your name, checking a box, pressing a button, clicking through a link, or demonstrating other intent to be bound to such Electronic Contract, shall create a legal, valid and binding contract enforceable against you in accordance with its terms.
4. Intellectual Property.
4.1 Content of this Site. AAOC makes available to authorized users in non-public areas of the Site certain information (“AAOC Information”). AAOC or its licensors own all of the content that is made available in connection with this Site (the “Site Content”), including AAOC Information, visual interfaces, interactive features, graphics, designs, databases and their data, computer code, products, software and all other elements and components of this Site. AAOC or its licensors also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with this Site and the Site Content, which are protected by copyright, trade dress, patent, trademark and other applicable intellectual property rights and laws. All AAOC Information on the Site is presented only as of the date published or indicated, and may be superseded, altered, adjusted, or otherwise amended for various reasons. You are responsible for verifying the accuracy of all AAOC Information posted on the Site. AAOC is not responsible for your reliance on AAOC Information obtained through the Site.
4.2 Restrictions. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the Site Content in whole or in part, except as expressly authorized by the applicable rights holder. Except as expressly and unambiguously provided by these Terms, neither AAOC nor any of its licensors grant you any express or implied rights, and all rights in and to this Site and the Site Content are retained by their holders.
6. Indemnification. You agree to indemnify, defend and hold AAOC, as well as AAOC’s parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, including the shareholders, officers, directors, employees, agents and representatives of each of them (collectively, the “AAOC Parties”) harmless from any and all claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising out of or relating to:
6.1 your access to or use of this Site;
6.2 your violation of these Terms, including without limitation your breach of any representation or warranty;
6.3 your infringement, or the infringement of any third party using your Account, of any intellectual property or other right of any person or entity; or
6.4 the nature and content of all materials, Electronic Contracts, works, data, statements and other visual, graphical, written or audible communications of any nature submitted by you or otherwise processed through your Account.
6.5 AAOC reserves the right to, but is not obligated to, assume the exclusive defense and control of any matter for which you are required to indemnify the AAOC Parties, and you agree to cooperate with AAOC’s defense of such claims. You agree not to settle any such matter without AAOC’s prior written consent. AAOC will use reasonable efforts to notify you of any such claim, action or proceeding when AAOC becomes aware of it. Each of the AAOC Parties is an express third party beneficiary of this indemnification provision, with full rights to enforce its terms.
7. Third Party Services. This Site includes links to third-party products, services and websites, as well as materials provided by third parties (collectively, “Third-Party Content”). Neither these Terms nor this Site endorse or take responsibility for any Third-Party Content. You agree that the AAOC Parties are not responsible for the availability or contents of Third-Party Content. You understand that the AAOC Parties have no obligation to, and generally do not, approve or monitor materials provided by third parties through this Site. Your use of Third-Party Content is at your own risk.
8. Limitations of Liability.
8.1 DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED “AS IS,” AND AAOC: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (iii) DOES NOT WARRANT THAT THIS Site IS OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THIS Site. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF AAOC TO ANY THIRD PARTY. USE OF THIS Site IS AT YOUR SOLE RISK. AAOC MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE.
8.2 Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by the applicable law. Without limiting the generality of the foregoing, AAOC does not make any warranty of any kind with respect to freedom from patent, trademark, or copyright infringement, or theft of trade secrets and AAOC does not assume any liability hereunder for any infringement of any patent, trademark, or copyright arising from the use of the Site or rights granted or provided by AAOC hereunder.
8.3 No Consequential Damages. AAOC shall not be liable for any indirect, special, incidental, exemplary, punitive or consequential loss or damage of any kind, including without limitation, lost business or profits, whether arising in tort (including negligence), equity, breach of contract or otherwise (and whether or not such damages are foreseeable or AAOC has been advised of the possibility of such loss or damage). In no event will any of the officers, trustees, directors, partners, employees, consultants, beneficiaries, joint venturers, members, stockholders or other principals or representatives of AAOC, ever be personally liable to you under, arising out of, or related to these Terms (including for direct or consequential damages), and you hereby waive the right to recover damages from any such persons.
8.4 LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE AAOC PARTIES’ MAXIMUM AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE ABOVE LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY. If applicable law limits the application of the above limitation of liability, AAOC’s liability will be limited to the maximum extent permitted by law.
9.1 Governing Law. California state law governs this Agreement without regard to its conflicts of laws provisions.
9.2 Arbitration. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. All issues are for the arbitrator to decide, including issues related to scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND AAOC ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
9.3 No Assignment. These Terms, and any rights or obligations under these Terms, are not assignable, transferable or sublicensable by you except with AAOC’s prior written consent, but may be assigned or transferred by AAOC without restriction. Any attempted assignment by you shall violate these Terms and be void.
9.4 Beneficiaries. Nothing in these Terms is intended to, nor will be deemed to, confer rights or remedies upon any third party.
9.5 Amendments; Waivers. AAOC may modify these Terms as provided in Section 1(b) (Revision of these Terms). These Terms may not be modified, amended, terminated or waived, in whole or in part, by you except by a written instrument signed by AAOC. Except as expressly set forth herein, any failure of a party to take action in response to any breach of these Terms by the other party shall not constitute a waiver of such breach or of performance required by the other party; and no waiver of any provision of these Terms shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly provided therein.
9.6 Force Majeure. Neither party will be liable for, or be considered to be in breach of or default under these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond such party’s reasonable control, so long as such party uses all commercially reasonable efforts to avoid or remove such causes of non-performance or delay.
9.7 Notices. To send notices to AAOC, or if you have any questions regarding these Terms, please contact AAOC at firstname.lastname@example.org. AAOC may provide you with notices, including notices of changes to these Terms, by electronic mail, regular mail or communications through this Site.
9.8 Entire Agreement. These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain services available through the Site, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such services.
9.9 Severability. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.