NOW LEASING!



(619) 308-2100
(619) 308-2100

Studio
Urban CityUrban City
Urban City
Studio | 1 Bath
400 Sq.Ft.
Unavailable - Apply Reservation List
Check Availability Apply Now View Photos
IndustrialIndustrial
Industrial
Studio | 1 Bath
464 Sq.Ft.
Unavailable - Apply Reservation List
Check Availability Apply Now View Photos
Studios on 10THStudios on 10TH
Studios on 10TH
Studio | 1 Bath
545 Sq.Ft.
Unavailable - Apply Reservation List
Check Availability Apply Now View Photos
SoloSolo
Solo
Studio | 1 Bath
584 Sq.Ft.
Unavailable - Apply Reservation List
Check Availability Apply Now
One Bedroom
UrbaniteUrbanite
Urbanite
1 Bed | 1 Bath
625 Sq.Ft.
$2395-$2795
303 - $2520 Available 7/12/18
311 - $2420 Available 7/22/18
607 - $2505 Available 8/08/18
Check Availability Apply Now View Photos
East VillagerEast Villager
East Villager
1 Bed | 1 Bath
698 Sq.Ft.
$2395-$2995
208 - $2450 Available 6/22/18
217 - $2475 Available 8/07/18
406 - $2640 Available 7/09/18
417 - $2465 Available 8/08/18
506 - $2540 Available 8/09/18
617 - $2440 Available 8/08/18
Check Availability Apply Now View Photos
Two Bedroom
The AvenueThe Avenue
The Avenue
2 Bed | 2 Bath
1047 Sq.Ft.
Unavailable - Apply Reservation List
Check Availability Apply Now View Photos
10TH & Island10TH & Island
10TH & Island
2 Bed | 2 Bath
1189 Sq.Ft.
Unavailable - Apply Reservation List
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10TH & J10TH & J
10TH & J
2 Bed | 2 Bath
1208 Sq.Ft.
Unavailable - Apply Reservation List
Check Availability Apply Now View Photos
Vitamin-D Lounge
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© 2018 HG Fenton - Urbana Urbana  |  450 Tenth Avenue San Diego, CA 92101
Electronic Communication Rules

H.G. Fenton Company Electronic Communication Rules

Last revised: September 30, 2017

  1. Description of the Leasing Process

By clicking on the "apply online" button you will be taken to the web page that contains our online rental application. You will need to provide certain information, including without limitation, the following items in order to be able to complete the application:

Social Security Number
Driver's License
Current Address
Current Landlord contact info
Employment Information
Banking Information

If you decide not to apply online you may print a copy of the application and fax, email, mail or drop it off to the leasing office. If you submit electronically a PDF copy of your application and other documentation that you have submitted online will be sent to you at the email address provided on your application. For your own protection, certain sensitive information will be blocked out from the application that is emailed back to you.

Once we have received and reviewed your application you will be contacted by a H.G. Fenton employee. We will need a credit check fee of $35 for each person applying for the apartment as well as a holding deposit of $100. Payment may be made using a credit card (Visa or MasterCard) or by check.

Once your application is approved we will make arrangements for you complete a rental agreement and provide us with written proof of income or ability to pay rent.

  1. Acceptance of  Electronic Communications Rules, Terms of Use and Privacy Policy,

By clicking your agreement to these Electronic Communications Rules, the Terms of Use (“Terms”) and Privacy Policy, you affirmatively indicate your acceptance of and agreement to the terms of each of these rules and policies. These Electronic Communications Rules are made a part of, and incorporated into, the Terms by reference. 

  1. Application.

In addition, by submitting your application electronically, you are acknowledging acceptance of any terms on the application and you are waiving any challenge to the validity of your application based on the electronic nature of your submission. This means that simply because you are submitting this electronically, it is no less valid than if you had physically signed it.

If you submit your application electronically, then you are also agreeing that we may contact you about your application materials via email or other electronic means. You may choose to revoke your consent to subsequent electronic communications by contacting the community to which you have applied. By electing to submit an electronic application, you confirm that you have access to a personal computer with browser software such as Microsoft Internet Explorer, Adobe Acrobat Reader; and Internet access.

By submitting the application electronically the applicant hereby acknowledges his/her endorsement and acceptance of this agreement, and he/she waives any challenge to the validity of this rental application agreement based on the applicant's submission by electronic means.

You agree to maintain an active primary email address and to update your designated email address on this site from time to time, as necessary. If you do not keep this email updated you may miss important communications from us about your application or other electronic records.

If you ever need a copy of the electronic records that we have on file for you, you can contact us by calling (855) 825-9430.

| Terms

H.G. FENTON COMPANY TERMS OF USE

Last Revised: September 30, 2017

Welcome to H.G. Fenton Company’s and its affiliates’ (collectively, “Fenton,” “we,” “us” or “our”) websites (collectively, the “Websites”, and each a “Website”). Fenton may offer from time to time certain services or features on one or more of the Websites , including, without limitation, listings of available residential and commercial properties, online rental application services, online rental or lease payment services, online service request capability, community classifieds, online career center and job application capability, testimonial submission center, community rewards programs, and event calendars and newsletters (collectively, the “Services” and individually, a “Service”). Fenton provides the Websites and Services to you ("user," "you" and "your"), subject to these Terms of Use (“Terms”).

The Websites comprise all websites operated now and in the future by or for Fenton and include, without limitation: hgfenton.com, hgfentonhomes.com, scrippslanding.com, tierrasantaridge.com, solanahighlands.com, seagatecondorentals.com, eldoradohillsapts.com, belladelmarapts.com, riverfrontrentals.com, clubriverrun.com, portofinoapthomes.com, creekview.info, eveningcreek.info, aquateraliving.com, urbanalivingsd.com, solterraecoluxuryapts.com, breweryigniter.com, revitalizingsh.com, livevici.com, silvertonbc.com, and all other Fenton websites linked to these Terms now or in the future. If you have a question whether a website or service is a Website or Service of Fenton, or if an entity is an affiliate of H.G. Fenton Company, please check the information posted on the site or contact Fenton at generalcounsel@hgfenton.com or (619) 400-.

  1. ACCEPTANCE OF TERMS OF USE

Please carefully read these Terms before using any of the Websites or Services. By accessing or using each Website and Service, and, where prompted, clicking “I agree” or “Click to Consent,” you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Website or any of the Services) or Content (as defined below in Section 4). You should note that these Terms contain additional disclaimers and limitations on Fenton’s liability, which can be found in Sections 16 and 17 below, and indemnification by you, which can be found in Section 15. Please read these sections carefully and make sure that you understand and agree to them before continuing with your use of the Websites and Services.

YOUR ACCESS TO, USE OF AND BROWSING OF THE WEBSITES, CONTENT AND SERVICES ARE SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS AND FENTON’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE WEBSITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

  1. REVISION OF TERMS

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Websites, you signify your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting and apply only to use of the Websites and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you. Links to prior version(s) of the Terms are set forth at the end of these Terms for your reference.

  1. AGE RESTRICTIONS

The Websites are directed to persons 18 years of age or older. Fenton and the Websites do not knowingly collect information from or provide Services to children under age 18. If you are under age 13, you are not permitted to use the Websites or any Services therein, or to submit any personally identifiable information to the Websites. If you provide information to Fenton through the Websites, or use any of the Services, you represent and warrant to Fenton that you are 18 years of age or older. If you are 13 - 17 years of age, you may visit and browse the Websites, but you may not submit any personally identifiable information to the Websites or use the Services, and you represent and warrant to Fenton that you have the permission of your parent or guardian to use the Websites and any Services, and your parent or guardian agrees to these Terms on your behalf. If you are a parent or guardian and believe Fenton may have inadvertently collected personally identifiable information from your child under age 18, please notify Fenton immediately by sending an email to generalcounsel@hgfenton.com including the specific Website or line of business to which your request pertains.

  1. PERMITTED USE OF WEBSITES

The content available through the Websites , including, without limitation, text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of Fenton and/or its licensors, vendors or advertisers. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites or the Content other than as expressly authorized by Fenton in writing. Use of the Websites or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access or use the Websites by any means other than through a standard web browser.

You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit, or create derivative works from any part of the Websites or the Content unless expressly authorized by Fenton in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Websites or in the Content.

Special terms may apply to some Services offered on the Websites, or to any sweepstakes, contests, or promotions that may be offered on the Websites. Such special terms (which may include official rules and expiration dates) may be posted in connection with the applicable Service, sweepstakes, contest, promotion, feature or activity. By using such Service, entering such sweepstakes or contests or participating in such promotions you will become subject to those terms or rules. We urge you to read the applicable terms or rules, which are linked from the particular activity, and to review the Fenton Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such Services, sweepstakes, contests and promotions. Any such special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.

Though we strive for accuracy, occasionally, the information on the Websites may contain typographical errors, inaccuracies, or omissions, including, without limitation, in relation to property descriptions, pricing, availability and other matters. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We hope this will not cause you undue inconvenience.

  1. PRIVACY POLICY

Please review the Privacy Policy for the Websites. If you do not agree with the Privacy Policy, you are not authorized to use the Websites or the Services. The terms of the Privacy Policy are incorporated in these Terms and made a part of these Terms by this reference.

  1. RESTRICTED ACCESS; REGISTRATION AND ACCOUNTS

Some Websites may restrict access to certain Services offered on the Websites and require user registrations or the creation of user accounts to use such Services. You also may be able to create and login to an account using a name and password of a third-party account, such as Facebook, Twitter, YouTube, Vimeo or Google. Fenton reserves the right to decline to activate an account for any person for any reason. In the event that you are required to select a username or password or use other login credentials to access any Services, you agree not to permit anyone else to use your username and password or other login credentials to access and use such Services. You agree that you are responsible for maintaining the confidentiality of your username and password or other login credentials and are fully responsible for all uses of your username and password or other login credentials and account, whether by you or others. You authorize Fenton to act on instructions received through use of your username and password or other login credentials, and agree that Fenton is not liable for any loss or damage arising from your failure to comply with this Section. You agree to immediately notify Fenton at general counsel@hgfenton.com of any unauthorized use of your username and password or other login credentials or any other breach of security. Fenton may suspend or terminate your access to and use of any of the Services or Websites if it believes that such theft, use, access or breach, or any other breach of these Terms, has occurred.

A separate agreement that addresses access and use may apply to your account and the Services accessed through that account. You agree to: (i) provide true, accurate, current and complete information about yourself; (ii) maintain and promptly update your account information to keep it true, accurate, current and complete; and (iii) comply with any such separate terms or agreement that applies to your account and the Services accessed through your account.

  1. PROHIBITED ACTIONS

You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Fenton reserves the right to determine what types of conduct it considers to be inappropriate use of the Websites or Services. In the case of inappropriate use, Fenton or its designee may take such measures as it determines in its sole discretion.

By way of example, and not as a limitation, you agree that when using the Websites and the Services, you will not:

  • Provide any information that is untrue, inaccurate, not current, misleading or incomplete.
  • Violate any local, state, national, or international laws, regulations, codes, or rules.
  • Violate any agreement, code of conduct or other guidelines which may be applicable to any particular Service.
  • Take any action that imposes an unreasonable or disproportionately large load on a Website’s infrastructure or otherwise in a manner that may adversely affect performance of the Website or restrict or inhibit any other user from using and enjoying the Services or the Websites.
  • Use any Website for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search, tracking or any similar means of access to the Content or user information.
  • Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Websites in any manner.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
  • Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Use any Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
  • Harvest, track or otherwise collect information about others, including email addresses and other personally identifiable information, without their consent.
  • Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
  • Engage in any other action that, in the judgment and sole discretion of Fenton, exposes it or any third party to potential liability or detriment of any type.
  1. USER GENERATED CONTENT

Fenton may have Facebook, Twitter, Instagram, YouTube, Vimeo or other social media pages and accounts and the Websites may have classifieds, calendars, and/or other message or communication facilities that are designed to enable you and others to communicate with Fenton and other users of the Websites (collectively, "Communication Services"). Any content, materials or views submitted, posted, shared, emailed, transmitted or otherwise made available by users through the Communication Services, including, without limitation, classifieds, testimonials and reviews (“Submissions”), are strictly those of the originating author, who is solely responsible for the submitted content. You acknowledge that your Submissions to the Communications Services may be or become available to others and that your use of or reliance on Submissions of others is entirely at your own risk. You agree only to post, send, and transmit Submissions that are proper, accurate, appropriate and related to the applicable Communication Service. Fenton does not endorse any Submissions nor vouch for their reliability. Under no circumstances will Fenton be liable in any way for any Submissions.

Your access to and use of any of Fenton’s social media pages shall be governed by these Terms to the extent these Terms are not contrary to the terms of use or other service agreements of the social media website operators. You, however, acknowledge that Fenton has no control over the operations of the social media websites to which this Site may link and you acknowledge and agree to indemnify and hold harmless Fenton for any breach of any terms of use or other service agreements of such social media site operators by virtue of your actions.

You acknowledge that Fenton may or may not pre-screen Submissions, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit, modify, delete and/or move any Submissions that are available via the Communications Services. Without limiting the foregoing, Fenton and its designees have the right to remove any Submissions that violate these Terms or are otherwise objectionable in Fenton’s sole discretion. Fenton shall have no liability for such removal.

By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Fenton’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all right, title, and interest, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission and consents and rights to post, distribute, or transmit your Submission. By making a Submission, you grant Fenton and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and city/town/village of residency, in Fenton’s discretion, on the Websites or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. With respect to your Submissions, you hereby waive (i) any right to inspect Fenton’s use of such Submissions; (ii) any right to receive compensation; and (iii) any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims.

  1. THIRD PARTY WEBSITES

The Websites may contain links to websites operated by third parties (“Third Party Websites”), including, without limitation, to provide certain of the Services. The Websites provide these links to Third Party Websites as a convenience to you, and your use of Third Party Websites is at your own risk. Third Party Websites are not under the control of Fenton and Fenton is not responsible for the content or services available on Third Party Websites. Your use of Third Party Websites is subject to the respective website policies, including, without limitation, the terms of use and privacy policies, of such Third Party Websites. Such links do not imply endorsement of information, material, content or services on any Third Party Website and Fenton disclaims all liability with regard to your access to, use of or transactions with such linked Third Party Websites. You acknowledge and agree that Fenton shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any services or content available on or through any other site or resource, including, without limitation, any Third Party Websites.

  1. LINKS TO THE WEBSITES

You may link another website to a Website subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Fenton or the Website; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with Fenton or the Website; (iii) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking website; and (iv) Fenton reserves the right to revoke its consent to the link at any time and in its sole discretion. You agree to take down the link if Fenton revokes its consent.

  1. PROPRIETARY RIGHTS

You acknowledge and agree that, as between Fenton and you, all right, title, and interest in and to the Websites, Services and the Content, including, without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Fenton or its licensors or vendors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. Without limiting the generality of the foregoing:

  • All Content included in the Websites is the copyright and property of Fenton or its content suppliers, licensors or vendors and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Websites for the sole purpose of using the Websites as a personal or internal resource or otherwise for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Websites, is strictly prohibited.

  • The trademarks, service marks, logos, slogans, trade names and trade dress used on the Websites and Services are proprietary to Fenton or its licensors or vendors. Unauthorized use of any trademark of Fenton may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Websites do not constitute or imply affiliation, endorsement or recommendation by Fenton, or of Fenton by the third parties.

  1. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Fenton may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Fenton’s Copyright Agent (identified below) a Notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of an email is the best way to help Fenton locate content quickly);
  • your name, address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Fenton’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:

Copyright Agent, H.G. Fenton H.G. Fenton Company Attn: General Counsel 7577 Mission Valley Road San Diego, California 92108 Telephone: (619) 400-0120 Email: general counsel@ghfenton.com

  1. MODIFICATIONS TO THE WEBSITES AND SERVICES

Fenton reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Websites, Services or Content, or any portion thereof, with or without notice. You agree that Fenton will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Website, Service or Content, or any portion thereof.

  1. SUSPENSION AND TERMINATION RIGHTS

Fenton reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Websites, Services or any part thereof for any reason, including, without limitation, any breach by you of these Terms. You agree that Fenton shall not be liable to you or any third party for any such suspension or termination.

  1. YOUR INDEMNITY OF FENTON

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FENTON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND OTHERS ACTING IN CONCERT WITH IT (COLLECTIVELY, THE “FENTON PARTIES”) HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR ACCESS TO OR USE OF THE WEBSITES, COMMUNICATIONS SERVICES, SERVICES, CONTENT AND/OR THIRD PARTY WEBSITES; (B) YOUR OR OTHER USERS’ SUBMISSIONS; AND/OR (C) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF FENTON OR ANY THIRD PARTY.

  1. DISCLAIMER

THE WEBSITES, SERVICES, COMMUNICATION SERVICES AND CONTENT AND OTHER ACTIVITIES OFFERED, CONTAINED IN, ACCESSED THROUGH OR ADVERTISED ON THE WEBSITES , INCLUDING, WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS TO THIRD PARTY WEBSITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FENTON PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH WEBSITES, SERVICES, COMMUNICATION SERVICES AND CONTENT AND OTHER ACTIVITIES OFFERED, CONTAINED IN, ACCESSED THROUGH OR ADVERTISED ON THE WEBSITES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITES, SERVICES, COMMUNICATION SERVICES, THIRD PARTY WEBSTIES AND CONTENT IS ENTIRELY AT YOUR OWN RISK.

  1. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FENTON PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES, SERVICES, COMMUNICATION SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE USE, INABILITY TO USE, AVAILABILITY, OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITES, SERVICES, COMMUNICATION SERVICES AND THIRD PARTY WEBSITES. IN NO EVENT SHALL ANY OF THE FENTON PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ANY OF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF THE FENTON PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITES, SERVICES, COMMUNICATIONS SERVICES, CONTENT, THIRD PARTY WEBSITES, OR ANY OTHER INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITES SHALL NOT EXCEED FIFTY DOLLARS (U.S. $50.00).

  1. EXCLUSIONS.

The Limitation of Liability set forth in Section 17 shall be enforced to the maximum extent permitted by applicable law. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations in Sections 16 and 17 may not apply to you.

  1. NOTICE REQUIRED BY CALIFORNIA LAW

Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of these Websites is H.G. Fenton Company, 7577 Mission Valley Road, San Diego, California 92108 and 619-400-0120. Complaints regarding any Website, Service or Content or requests to receive further information regarding use of the Websites, Services or Content may be submitted at the above address or sent to the following email address: generalcounsel@ghfenton.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

  1. GOVERNING LAW AND DISPUTES These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree that the exclusive venue for any disputes arising between you and Fenton out of, under, or in connection with these Terms, the Websites, the Services or the Content shall be the state and federal courts in San Diego County, California, U.S.A., which venue is the most convenient and appropriate for the resolution of disputes concerning these Terms.

  2. OPERATION SOLELY WITHIN THE UNITED STATES

The Websites are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Websites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Fenton does not represent that the Websites, Services or Content are appropriate outside the United States of America. Fenton reserves the right to limit the availability of the Websites, Services and/or Content to any person, geographic area or jurisdiction at any time in its sole discretion.

  1. FORCE MAJEURE

Fenton shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.

  1. MISCELLANEOUS

These Terms and the Privacy Policy set forth the entire understanding and agreement between you and Fenton with respect to the subject matter hereof. If any provision of the Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms or the Privacy Policy shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Fenton’s failure to act with respect to any failure by you or others to comply with these Terms or the Privacy Policy does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or the Privacy Policy or your rights or obligations under these Terms or the Privacy Policy without the prior written consent of Fenton, and any assignment or transfer in violation of this provision shall be null and void. Other than the Fenton Parties, there are no third party beneficiaries to these Terms or the Privacy Policy.

  1. QUESTIONS?

Please direct any questions you may have about these Terms, technical questions or problems with the Websites or Services, or comments or suggestions to Fenton at generalcounsel@hgfenton.com or (619) 400-0120.

| Privacy

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