Terms of Use
Effective: June 12, 2024
Welcome to Shore Capital Corporation and its subdomains, including the websites of Shore Capital Corporation, Shore Capital Corp., and Vista Pacific Realty (collectively the "Sites"). These Terms of Use ("Terms of Use" or "Terms") constitute a legally binding agreement between you and Shore Capital Corporation ("Shore Capital," "we," "us," or "our") governing your access and use of the Sites and the services made available through the Sites (collectively, the "Services"). The parties to this Agreement shall be known collectively as the "Parties" and singularly as a "Party".
1. Acceptance of Terms
By accessing the Sites or using the Services, you: (a) acknowledge that you have read and understood these Terms; (b) accept and agree to be bound by these Terms; and (c) acknowledge that these Terms constitute a binding contract between Shore Capital and you. The Sites and Services are not intended for use by individuals under the age of 18. By using the Sites or Services, you represent and warrant that you are at least 18 years of age or over the age of majority in your jurisdiction and able to enter into these Terms. If you do not agree to these Terms, you must leave the Sites and cease using the Services immediately.
2. Account Registration
To use certain features of the Services, you may need to register or create a user account ("Account") by providing all required data or information. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify Shore Capital immediately of any unauthorized use of your Account. Shore Capital will not be liable for any losses caused by any unauthorized use of your Account. By registering for an Account, you agree to abide by these Terms and any additional Membership Agreement.
3. License to Use the Services
Subject to your compliance with these Terms, Shore Capital grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Services for your personal use. The Services, and all its elements, are owned by us or licensed to us by third parties. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission by Shore Capital.
4. User Conduct
You agree not to use the Services for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Prohibited activities include, but are not limited to:
Violating any local, state, national, or international law or regulation.
Uploading or transmitting viruses or any other malicious code.
Harvesting or collecting personal information of other users without their consent.
Using the Services to send spam or unsolicited communications.
Violating the Telephone Consumer Protection Act (TCPA) by sending unsolicited texts, calls, or faxes without prior express consent.
Transferring, by electronic transmission or otherwise, any Content derived from the Sites to either a foreign national or foreign destination in violation of export control laws.
5. User Content
You may submit, upload, publish, or make available content through the Services ("User Content"). By providing User Content, you grant Shore Capital a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to use, reproduce, distribute, display, perform, and otherwise exploit your User Content. You represent and warrant that you have all rights necessary to grant the foregoing license and that your User Content does not violate any third-party rights or any law. Shore Capital reserves the right to remove any User Content that violates these Terms.
6. Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy to learn about the information we collect from you and how we use and share this information.
7. Third-Party Services
The Services may contain links to third-party websites, services, or other resources. These third parties are not under our control, and we are not responsible for their content, privacy policies, or practices. By using the Services, you acknowledge and agree that we provide access to such third-party resources "as is" and that we are not responsible for your use of any third-party resources. We encourage all Users and Members to review the terms of use and privacy policies of all third-party sites.
8. Disclaimers and Limitation of Liability
The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. Shore Capital disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall Shore Capital be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.
9. Indemnification
You agree to defend, indemnify, and hold harmless Shore Capital, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
10. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or related to these Terms or the Services will be governed by the laws of the State of California, without regard to its conflict of law principles. Any legal action or arbitration will be conducted in Orange County, California.
11. Arbitration and Class Action Waiver
WHERE PERMITTED BY APPLICABLE LAW, WHEN YOU AGREE TO THIS AGREEMENT AND THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY CLAIM BETWEEN YOU AND SHORE CAPITAL THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THIS AGREEMENT ALSO CONTAINS A CLASS ACTION WAIVER.
12. Changes to the Terms of Use
Shore Capital reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms here and updating the effective date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
13. Contact Information
If you have any questions about these Terms or the Services, please contact us at:
Shore Capital Corporation
C/O Privacy Officer
2030 Main St. #78
Irvine, CA 92614
Email: legal@shorecapital.com