Rules and Regulations
PCC Gate Access
These Rules & Conditions govern the issuance and use of a gate access card ("Gate Card") issued by the Placerita Canyon Corporation (“PCC"), defined as a proximity card for use by anyone lawfully possessing such card (the "Applicant") in accessing Placerita Canyon Road via an electronic gate.
1) A Gate Card issued by the PCC shall only be in consideration of payment to PCC of the appropriate fee by the Applicant and expressly pursuant to the terms and conditions relating to the use of the Gate Card. Under the terms of issuance of any Gate Card, Applicant agrees that the Gate Card is the sole property of PCC, and is non-transferable, and is subject to unilateral revocation by PCC without prior notification required to be given to Applicant, including for any abuse or violation by Applicant of PCC's Rules & Conditions, or Applicant’s failure to abide by any other of PCC's policies as may be established from time to time by PCC's Board of Directors.
2) Further, the Gate Card is for use by the Applicant only, and shall not be given, conveyed, sent, loaned to, transferred, or in any way used or allowed to be used by any person other than the Applicant, except in cases under the direct observation and immediate supervision of Applicant, (i.e. passenger traveling in vehicle and directly oversees use of card by driver in same vehicle, etc). Unsupervised/unobserved use of the Gate Card by any person other than the Applicant is expressly forbidden by PCC, and Applicant shall be held completely liable for any and all harm or damages caused thereby or resulting therefrom, as further set forth in Paragraphs 8 through 11 below.
3) By acceptance or use of the Gate Card, Applicant agrees to at all times properly, safely and courteously use the Gate Access System and Placerita Canyon Road, including but not limited to obeying both the posted speed limit of 25 miles per hour on Placerita Canyon Road, as well as all other applicable traffic signs and/or traffic control device(s).
4) Provided the Applicant is then in good standing and is and has remained in compliance with the terms and conditions of use, the Applicant's Gate Card may be renewed annually upon timely payment to PCC of the requisite annual fee. Failure to pay such annual fee or to maintain current copy of driver’s license or government issued photo ID on file with PCC, violation of or failure to abide by PCC's Rules & Conditions or any other PCC Policies, or having committed vandalism or damage to PCC property, shall constitute cause for non-renewal or revocation of Applicant's Gate Card.
5) In no event shall an Applicant be entitled to a refund or a prorated fee, regardless of whether Applicant moves out of the Placerita Canyon area during a billing cycle or has his or her Gate Card privileges suspended or revoked for any reason.
6) PCC reserves the sole and exclusive right to alter or modify the Gate Card fee schedule, PCC's policies, and its Rules & Conditions as may be necessary or as circumstances from time to time require.
7) Issuance of a Gate Card to an Applicant is a license conferred by PCC. Applicant understands and agrees that he/she has alternative access to his/her property other than through PCC's Gate Access System to Placerita Canyon Road, and that Applicant’s use of the Gate Card and/or Gate Access System to and from Placerita Canyon Road is strictly voluntary.
8) The functioning of the Gate Access System is dependent upon the proper operation of its electronics, computer software and hardware systems, and related mechanical devices that from time to time may be subject to unforeseen and unexpected failures, malfunctions, or delays, which conditions are beyond the control and responsibility of PCC. Applicant expressly assumes all risks of harm and damage to him/her or to any person or property caused by or in any way related to use of Applicant's Gate Card and/or PCC’s gate access system.
9) The use of Applicant's Gate Card does not create any right of legal action for any user thereof to assert any claim, suit, action, cause of action, or complaint against PCC for any reason, and PCC's issuance of the Gate Card is expressly contingent upon Applicant's express waiver of any and all such claims, suits, actions, causes of action or complaints. No such claim shall exist against PCC, and Applicant acknowledges and agrees that it shall not file any such claim or cause of action against PCC relating to the use of the Gate Card or PCC's Gate Access System.
10) Use of the Gate Card is at Applicant's sole risk and responsibility, including the use, misuse, and/or misplacement of Gate Card by Applicant or any other person, including but not limited to Applicant's guests, spouse, relatives, invitees, employees, agents, and/or representatives. Any lost, stolen or card no longer in the possession of the Applicant must be reported to PCC. Replacement cards are available to Gate Card holders in good standing, upon payment of a replacement card fee.
11) As an express condition of the use of the Gate Card or PCC's Gate Access System, Applicant agrees to indemnify, defend and hold harmless PCC and its officers, directors, members, agents, and representatives from and against any claim, suit, action, cause of action, arbitration, complaint, or grievance or any type or kind whatsoever arising from any and all damage to the Applicant or his/her property caused by or in any way relating to any malfunctioning, failure or delay in the operation of the Gate Access System or any of its components or parts; any and all damages to the Access Gate, to Placerita Canyon Road and/or PCC's Gate Access System; and any and all damage to any person or property, including property of others, caused by the use or misuse of the Gate Card and/or Gate Access System by Applicant, and including but not limited to Applicant's guests, spouse, relatives, invitees, employees, agents, and representatives. Such includes agreement to pay PCC any Attorney Fees and Costs incurred by PCC relative to having to defend any of the foregoing.
12) By acceptance and use of the Gate Card, Applicant agrees to no expectation of privacy with respect to PCC's information processing systems, including, but not limited to, application form, images and video surveillance obtained by PCC, and Gate Card usage and monitoring nor any record thereof. This will include but may not be limited to requests made by law enforcement or subpoena.