Welcome to the website of GM Properties (GMP) (“we,” “our,” “us”), www.GMPropertiesinc.com/ (the “Site”). By visiting the Site, you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service”). If you do not agree to these Terms of Service, then do not use the Site.
These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. We may modify or update these Terms of Service at any time by posting the amended terms on the Site or through information given by email and such terms shall be effective for all use of the Site once they are posted. Your continued access of the Site and/or use of the services provided through the Site (“Services”) following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. We, in our sole discretion, may also add, delete or change some or all of the features of the Site at any time.
As used herein, “User” or “Users” means anyone who accesses and/or uses the Site and Services, including registered members.
- Description of the Services
- Collection of Personal information
By providing such information upon registration on the Site, you agree: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete information; (iii) to maintain and promptly update the information to keep it true, accurate, current and complete; and (iv) to take full responsibility for all activities that occur when you use the Site. We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements.
Your registration and data associated with your registration on the Site are not transferable to any other individual. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse all current or future use of the Site or Services (or any portion thereof). If you violate any of these Terms of Service, or otherwise violate an agreement between you and us, do not follow instructions regarding the proper implementation of the Site or Services, or for any other reason, we may terminate your registration for an account on the Site and/or prohibit you from using or accessing the Site or Services (or any portion, aspect or feature of the Site or Services), at any time in our sole discretion.
You agree that we will not be liable to you or to any third party for any termination of your right to use the Site or Services. You further agree that we, in our sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Site or Services in our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your access to the Site or Services, we may delete and/or store, in our discretion, data associated with your use of the Site. In the event of termination, we have no further obligations to you, including any obligation to preserve any data generated by your use of the Site or Services and any liability under this Agreement in regard to such data.
- Proprietary Rights
We retain all right, title and interest in and to the Site, as well as all data, information, content and materials provided on the Site or Services and purchased or downloaded through the Site. We further retain all right, title and interest in and to the business processes, procedures, methods and techniques used within the Site or Services and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world (“Intellectual Property”) to the Site. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Proprietary Content”), is our proprietary property with all rights reserved. No Proprietary Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
- Content of Site
We are not responsible if information on the Site is not accurate, complete or current. Any reliance on the material in the Site is at your own risk. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site, including any unavailability of the Site.
We undertake no obligation to update, amend or clarify information on the Site. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.
- Prohibited Conduct
You agree to use the Site and the Services only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. You may not:
- use the Site and Services in any manner that could damage, disable, overburden, or impair the Site or Services, or interfere with any other party’s use and enjoyment of the Site or Services;
- attempt to gain unauthorized access to the Site or Service, or the computer systems or networks connected to the Site through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses or use a false identity for the purpose of misleading others;
- harvest or otherwise collect information about others, including e-mail addresses;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- use the Site or Services in connection with pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- interfere or attempt to interfere with the proper working of the Site or Services;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- use the Site or Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions); or
- use the Site or Services for any unauthorized commercial purpose whatsoever.
You understand that the processing and transmission of communications relating to the use of the Site, including your personal information, or your use of the Services may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. No data transmission over the Internet or any information stored on your device, by us, or any third party can be guaranteed to be 100% secure. Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or through the Site. You engage in such transmissions at your risk. Moreover, you agree that we will not be liable for the security, timeliness, deletion, mis delivery or failure to store any data, including on your device, or information or content transmitted by you through the Site.
WE PROVIDE THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make no representation or warranty that (i) the Site and Services will meet your expectations or requirements, (ii) the Site and Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site and Services will be accurate, timely, complete or reliable; and (iv) any errors in the Site will be corrected. Operation of the Site and your use of the Services may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site.
While we have endeavored to create secure and reliable Site and Services, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. We shall not be liable for damages because of any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of customer or any of our representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.
- Limitation on Liability
IN NO EVENT SHALL WE TOGETHER WITH OUR EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (1) ANY LOST, DELETED, CORRUPTED, FALSE, OR INACCURATE DATA STORED OR DISPLAYED ON YOUR DEVICE OR IN ANY LOCATION, INCLUDING DATA STORED ON ANY SERVER OR DATA TRANSMITTED TO ANY LOCATION; (2) ANY DAMAGE OR LOSS OF USE OR DAMAGE TO THE DEVICE ON WHICH THE SITE IS INSTALLED; (3) LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (4) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $100.
You agree to defend, indemnify and hold us, together with our respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Site or Services; (ii) your breach or alleged breach of these Terms of Service, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or Services.
These Terms of Service constitute the entire agreement between you and us with respect to your access and use of the Site and Services and supersede all prior and contemporaneous agreements between you and us. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision. The provisions of Sections 3 – 5 and 7 – 12, shall survive any termination of these Terms of Service.
We make no representations or warranties that the Site and Services are appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site and Services from outside of the United States do so at their own initiative and we are not responsible for compliance with all local laws and regulations that may apply to such access.
The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or Services, that we will attempt in good faith to negotiate a written resolution of the matter directly between us. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
We may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to our business as part of a merger or sale of substantially all of our assets. You may not assign or transfer these Terms of Service. If any provision of this Terms of Service is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of these Terms of Service, including receipt of spam from any manufacturer, contact us at: [email protected] with “Terms of Service” in the subject line of your email.
In accordance with Section 512 of the Digital Millennium Copyright Act (the “Act”), we have designated the following individual as an agent to receive notifications of any claimed infringements covered by the Act, including posting of unauthorized content: Jason Jamison, President/CEO, GM Properties: 13305 Penn St., Suite 200, Whittier, CA 90602
Residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), should consult the sections of this policy relating to the “Rights of EEA Residents” and “International Data Transfers” for provisions that may apply to them.
Personal Data That We Collect and How We Use It
“Personal Information” is information that may be used to directly or indirectly identify an individual (which in some cases, may include device information). The Personal Information we collect may include: names, aliases, postal addresses, unique personal identifiers, online identifiers, Internet Protocol (IP) address, telephone numbers, email addresses or other similar identifiers. We may combine the Personal Information that we obtain about individuals from more than one source. GM Properties may collect Personal Information about you when you visit the Site. The majority of such Personal Information is collected when you use our Services, subscribe to updates or otherwise provide us with your contact information to obtain information about or to use our Services. Some of this Personal Information will be required if you wish to partake in the Services that we provide.
In general, the type of Personal Information we collect includes, but is not limited to:
- Personal Information to contact you to promote our Services or alert you to special offers, features or matters of interest;
- Personal Information necessary to use the Services that you have requested;
- Un-identifiable and aggregated Personal Information pertaining to your Site visits that help us maintain the appropriate features, functionality and user experience
We and our e-commerce providers use that data to: (i) allow you to obtain and use Services; (ii) guard against potential fraud; (iii) contact you if there is a problem with your account (iv) provide answers to your inquiries or questions; and (v) maintain regular communication with you as may be necessary to inform you of offers, updates and other information regarding GM Properties and its Services.
Online Payment Provider
Non-Identifiable Data and Aggregated Personal Data
GM Properties or our service providers, including Google Analytics, may also collect web surfing data related to your use of the Site. Such information may include: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Site. This data may be collected using cookies, web beacons, page tags or similar tools. As with cookies, the web surfing information is anonymous, “click stream” transactional data that is not associated with any users as individuals.
Web surfing data and similar information may be aggregated for administrative purposes. GM Properties may, for example, use this aggregated information in the administration of the Site to improve its usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, and other marketing activities. We also use it to help optimize the Site based on the needs of our users.
How and When Your Information Is Shared With Other Parties
GM Properties does not sell, trade or license Personal Information about its clients for marketing purposes. We do, however, work with a number of trusted partners who perform vital functions as part of our operations, including processing payments for orders and fulfilling orders. We do not share your Personal Information unless it is necessary to fulfill our responsibilities, including providing information or services to you.
Additional Sharing of Information
We may engage third parties to help us carry out certain other internal functions such as account processing, client services, or other data collection relevant to our business. Personal Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services.
We may share your Personal Information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Information that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our services, or to protect the rights, property or personal safety of GM Properties, its users, issuers, or others.
We will not share your Personal Information if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the EEA’s General Data Protection Regulation effective May 25, 2018.
From May 25, 2018, all processing of Personal Information of EEA Residents is performed by GM Properties in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Information and on the free movement of such data (“GDPR”).
Although we are based and operated in the United States and do not provide or target our Services in the EEA, we may obtain the Personal Information of EEA Residents. Under the GDPR, we are a processor or co-processor of the Personal Information of EEA Residents. Our purpose for collecting and processing Personal Information from or about EEA Residents is to authenticate contacts for our mailing list or provide marketing information about our Services. The legal basis for collecting Personal Information is to fulfill these purposes, including requests and contact from you. We also rely on you consent, including receiving communications regarding us and our Services or Products.
You may withdraw consent for obtaining such communications by following the “Unsubscribe” instructions on any communication or by contacting us at [email protected].
GM Properties also collects and processes your Personal Information if you use our Services. GM Properties’ purpose for collecting and processing Personal Information from EEA Residents is to fulfill your requests for Services, including purchase of contracts. The collection of this data is necessary to fulfill a contract between you and us for such Services. If EEA Residents do not provide Personal Information to GM Properties, you cannot avail yourself of our Services.
EEA Residents may obtain information about the Personal Information that GM Properties holds about them by contacting GM Properties at [email protected]
International Data Transfers
If you are resident outside the United States, including in the EEA, we transfer Personal Information provided by you for processing in the United States. Under the GDPR, GM Properties is considered a “controller” and a “co-processor” of the Personal Information of EEA Residents. By providing Personal Information to GM Properties for the purpose of obtaining Services, you consent to the processing of such data in the United States. The transfer of your Personal Information to the United States is necessary for the performance of a contract between you and GM Properties for obtaining Services.
Communications Regarding Our Services
Legal or Security Communications
Account and Order Communications
If you use our Services we may send you communications regarding such Services. We may also send communications providing customer support or responses to questions regarding the operation of the Services. Generally, you may not opt out of such emails.
Deleting Your Information
Personal Information Retention
Links to Other Site
Privacy in Submitted Materials
If you submit any photos or other materials to us, including through a social media platform, such as Instagram, such photos may be displayed on the Site, including photos of yourself, other individuals or of real estate properties. By submitting such materials, you forego any privacy rights in such materials. Please consult the for other conditions relating to submission of materials to GM Properties through social media Site.
We take commercially reasonable steps to protect our customers’ Personal Information against unauthorized disclosure or loss. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or from the Site. You engage in such transmissions at your risk.
If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at [email protected].
Children Under 13
No portion of the Site is directed to children under the age of 13. Consequently, we do not knowingly collect personal identifying information from any person we know is a child under the age of 13. If we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible. If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at [email protected].
Your California Privacy Rights
Civil Code Section 1798.83
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marking purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give you a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.
California Do Not Track Disclosures
Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.
California Consumer Privacy Act (“CCPA”)
We have determined that the provisions of the CCPA do not apply to us. However, if you are a California consumer and would like to contact us, please do so at [email protected] GM or Properties: 13305 Penn St., Suite 200, Whittier, CA 90602.
Your Rights and Obligations
We ask that you keep the Personal Information that you provide to us current and that you correct any information you have provided us by contacting us at [email protected]. You represent and warrant that all Personal Information you provide us is true and correct and relates to you and not to any other person.
If you are a resident of the EEA and wish to access or correct the Personal Information that GM Properties has about you or have any questions relating to the processing of your Personal Information, please contact us at [email protected] with the subject line “GDPR Data.”
If you use the Site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.