Terms of Service
Effective October 23, 2026 — Version 4.2
1. Agreement to These Terms
By accessing or using this website (belcara.com, 6gentle.netlify.app, and any successor domain, including the Resident Portal at belcara.com/resident, collectively the “Site”), you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use the Site. No statement describing how the Site currently operates is a covenant or warranty that it will continue to operate that way; your sole remedy for any change you find unacceptable is to stop using the Site.
2. About This Site
This Site is an informational publication about the rental property located at 6 Gentle Breeze, Newport Coast, California 92657, operated by Bearstone Properties (“we,” “us,” or the “House”). Nothing on this Site constitutes professional, financial, legal, or medical advice, an offer of securities, or a guarantee of tenancy. Property descriptions, photographs, floor plans, and pricing are provided for general informational purposes and may change without notice. We are under no obligation to maintain, update, or continue operating this Site, and we may suspend or discontinue the Site or any feature at any time without liability.
3. Rental Applications
By submitting a rental application through this Site, you certify that all information provided is true and complete. You authorize Bearstone Properties to verify employment, income, residence history, and references as described in the application. Submission of an application does not guarantee approval or create a landlord-tenant relationship. You are solely responsible for the content of any documents you upload; uploading files that contain malicious code, false information, or illegal content is a violation of these Terms and may result in immediate termination of your access and referral to law enforcement.
4. Screening and Consumer Reports
Credit reports, criminal background checks, and eviction history are obtained from TransUnion through RentSpree. You authorize the screening and pay for it directly through RentSpree. If you complete our secure online file, your Social Security number, birth date and ID number are encrypted and stored separately; only the last four digits show on screen, and only the administrator can open the full number, with each access logged. If adverse action is taken based on a consumer report, you will receive notice as required by the Fair Credit Reporting Act.
5. Text Messaging Terms
If you opt in to receive text messages by checking the consent checkbox on the application form, you consent to receive SMS notifications related to your rental application from Bearstone Properties or its agents. Message frequency varies. Message and data rates may apply.
Reply STOP to any message to opt out at any time. Reply HELP for assistance, or contact us at css@bearstonedc.com or (714) 599-1166. Carriers are not liable for delayed or undelivered messages. Mobile information and messaging consent are not shared with or sold to third parties or affiliates for marketing or promotional purposes.
6. Electronic Records and Signatures
By submitting an application with your typed full legal name, you consent to conduct this transaction by electronic means under the Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. Section 7001 et seq.) and the California Uniform Electronic Transactions Act (Cal. Civ. Code Section 1633.1 et seq.). Your typed name constitutes your electronic signature.
7. Fair Housing
Bearstone Properties complies with the federal Fair Housing Act, the California Fair Employment and Housing Act, and the Unruh Civil Rights Act. All applicants are evaluated on the same objective criteria regardless of any characteristic protected by law. Reasonable accommodations and modifications are available upon request.
8. Intellectual Property; Limited License
All content on this Site — including text, photographs, design, layout, graphics, logos, and code — is the property of Bearstone Properties or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable license to access and view this Site for personal, non-commercial use only.
9. Acceptable Use
You may not: (a) reproduce, distribute, modify, or create derivative works of any content on this Site without prior written consent; (b) use any automated system, including robots, spiders, scrapers, or crawlers, to access this Site for any purpose other than as expressly permitted by our robots.txt file; (c) attempt to gain unauthorized access to any part of this Site or its underlying systems; (d) interfere with the operation of this Site or any other user's use of it; or (e) use this Site for any unlawful purpose or in violation of these Terms. Use of any content from this Site to train, fine-tune, or develop any machine learning or artificial intelligence system requires our prior written consent; requests may be directed to the contact information in Section 25.
10. Third-Party Services, Analytics, and Privacy
This Site uses third-party services to operate, including Google Fonts for typography, Google Firebase for encrypted data storage, Cloudflare Turnstile for form security, Netlify for hosting, and Twilio and Twilio SendGrid for text messages and email. The services in use as of the effective date are described in Section 10 of our Privacy Policy. We may in the future use additional third-party services for analytics, communication, or advertising, as described in our Privacy Policy. Your interactions with third-party services are governed by their own terms and privacy policies.
11. Disclaimer of Warranties
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEARSTONE PROPERTIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEARSTONE PROPERTIES, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR INTERRUPTION OF USE, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT YOU HAVE PAID TO BEARSTONE PROPERTIES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING OBLIGATIONS UNDER FAIR HOUSING OR CONSUMER REPORTING LAW.
13. Indemnification
You agree to indemnify and hold harmless Bearstone Properties and its owners, officers, employees, agents, and affiliates from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of your breach of these Terms, your misuse of this Site, or any violation of applicable law by you.
14. Dispute Resolution; Arbitration; Class-Action Waiver
Please read this section carefully — it affects your legal rights. Any dispute, claim, or controversy arising out of or relating to this Site or these Terms that cannot be resolved informally shall be resolved by binding individual arbitration administered by JAMS in Orange County, California, under its Streamlined Arbitration Rules, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
YOU AND THE HOUSE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Either party may instead bring an individual claim in small-claims court. Either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property, violations of the acceptable use provisions in Section 9, or threats to data security or integrity, without first submitting to arbitration. You may opt out of this arbitration agreement by written notice to the address in Section 25 within thirty (30) days of first using this Site.
15. Governing Law; Severability; Entire Agreement
These Terms are governed by the laws of the State of California, without regard to conflicts-of-law principles; the Federal Arbitration Act governs Section 14. For any matter not subject to arbitration, exclusive venue lies in the state or federal courts located in Orange County, California, and you consent to their jurisdiction. If any provision of these Terms is held unenforceable, the remainder shall continue in effect, except that if the class-action waiver in Section 14 is held unenforceable, Section 14 shall be void in its entirety. These Terms, the Privacy Policy, and any applicable lease constitute the entire agreement between you and the House concerning this Site. If these Terms conflict with your lease, the lease controls.
16. Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.
17. Survivability
Sections 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, and this Section shall survive any termination or expiration of these Terms or your cessation of use of the Site.
18. Assignment; No Third-Party Beneficiaries
You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms, in whole or in part, without restriction, including in connection with any sale, merger, or transfer of the property or business. These Terms do not confer any rights or remedies upon any person other than you and Bearstone Properties.
19. Electronic Communications
By using this Site, submitting an application, or using the Resident Portal, you consent to receive communications from us electronically, including by email, text message (where you have opted in), or by posting notices on this Site. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
20. Headings; No Waiver
Section headings are for convenience of reference only and do not affect the interpretation of these Terms. Our failure to enforce any provision of these Terms at any time does not constitute a waiver of that provision or of any other provision, and does not waive our right to enforce that provision in the future.
21. Copyright Complaints (DMCA)
Bearstone Properties respects intellectual property and expects the same. If you believe material on this Site infringes your copyright, send a notice under 17 U.S.C. Section 512(c)(3) to our designated agent containing: your physical or electronic signature; identification of the work claimed to be infringed; identification of the material and its location on the Site; your contact information; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.
Designated Agent: Bearstone Properties, 6 Gentle Breeze, Newport Coast, CA 92657 · css@bearstonedc.com. Counter-notices may be submitted under Section 512(g). We may terminate access for repeat infringers.
22. Accessibility
Bearstone Properties intends this Site to be usable by everyone and works toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Accessibility is an ongoing effort, and portions of the Site may not yet fully conform. If you encounter a barrier, contact css@bearstonedc.com or call (714) 599-1166 and we will work to provide the information or functionality through an alternative means.
23. Artificial Intelligence and Automated Processing
Bearstone Properties uses artificial intelligence and automated decision-making tools as a standard part of evaluating rental applications. Your rights under California law regarding automated processing in housing decisions are described in Section 6 of the Privacy Policy.
24. Changes; Notice; Reservation of Rights
The House may revise these Terms at any time by posting the revised version with an updated effective date. Revised Terms take effect when posted, unless a later effective date is stated. We may, but are not required to, also notify you of a change by email, text message, or a notice on the Site. Your continued use of the Site after a change takes effect constitutes acceptance. A change to Section 14 does not apply to any claim that arose, or of which either party had notice, before the change was posted. The most recent version of these Terms posted on this Site supersedes all prior versions; any cached, archived, or third-party-hosted copy of a prior version is not binding. No statement in these Terms describing how the Site currently operates is a covenant, warranty, or guarantee that it will continue to operate that way. We expressly reserve the right to modify or discontinue any aspect of the Site at any time.
25. Contact
For questions about these Terms:
Bearstone Properties
6 Gentle Breeze, Newport Coast, CA 92657
Email: css@bearstonedc.com
Phone: (714) 599-1166
Part II — Resident Portal Terms
26. Application of Part II
This Part II applies to your use of the Resident Portal at belcara.com/resident (the “Portal”) as a tenant named on an executed lease for the property or as an authorized occupant (each, a “resident”). Sections 1 through 25 continue to apply to the Portal except as provided in this Part II. Your lease governs your tenancy. The Portal is a convenience for administering the tenancy; nothing in these Terms amends the lease or waives, limits, or modifies any right or remedy available to a resident under the lease or California law, including Cal. Civ. Code Sections 1941 through 1942.5, 1950.5, 1953, and 1954.
27. Tenancy Disputes Are Not Governed by Sections 12 through 16
Sections 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution; Arbitration; Class-Action Waiver), and 16 (Limitation on Time to File Claims) apply only to claims concerning the operation of the Site as a website. They do not apply to any claim, dispute, or defense arising under your lease or out of your tenancy, which is governed by your lease and applicable law, and they do not limit the House’s obligations as landlord.
28. Access and Account Security
The Portal opens once your lease is approved and closes thirty (30) days after the lease ends, unless the House sets a different date. You sign in with a one-time code sent to the mobile number or email address on file for the lease. You agree not to share sign-in codes, not to permit another person to use your access, and to tell us promptly at (714) 599-1166 if you believe someone else has accessed your Portal. We may suspend access to protect the security of the Portal, the property, or any resident, and we will restore access or provide the same information by other means as promptly as practicable.
29. Rent, Balances, and Payment Instructions
The Portal does not process payments. It displays the House’s payment instructions and a record of amounts due and received for your convenience. If the Portal differs from the lease or from the House’s accounting records, the lease and those records control, and we will correct any error promptly once identified. Late fees and other charges are assessed only as provided in the lease.
Payment fraud warning. The House will never change rent payment instructions by email, text message, or telephone call alone. Payment instructions are valid only as displayed in the Portal, and any change to them takes effect only after a twenty-four (24) hour hold, with a notice posted in the Portal. Before sending funds to any account you have not paid before, call (714) 599-1166 to confirm. To the extent permitted by law, the House is not responsible for funds a resident sends to an account other than one displayed in the Portal.
30. Maintenance Requests and Entry
The Portal is not for emergencies. In an emergency involving fire, a medical condition, a crime in progress, a gas leak, or any danger to persons, call 911 first, and then call the House. For urgent conditions such as active water leaks or loss of heat, water, or power, call the House directly after submitting a request.
You agree that the descriptions and photographs you submit will be accurate and will depict only the condition at issue, and you authorize us to share them with the vendors and contractors who perform the work. If you indicate in a request that the House or its vendors may enter in your absence, that indication is your consent to entry for the purpose of that request at the times you indicate, consistent with Cal. Civ. Code Section 1954; otherwise, entry will be made only after notice as required by law or as you otherwise agree. Submitting a request through the Portal is not the exclusive means of requesting repairs and does not limit any right you have under the lease or Cal. Civ. Code Sections 1941 through 1942.5.
31. Documents and Renter’s Insurance
You represent that you have the right to upload each document you provide and that its contents are accurate to your knowledge. The House may rely on uploaded documents in administering the tenancy. Renter’s insurance requirements, if any, are those stated in the lease; descriptions of required coverage in the Portal are summaries for convenience. The House is not an insurance agent or broker and does not advise you on coverage. When you ask the Portal to send the lease’s insurance requirements to your insurance agent, you authorize us to send that agent the requirements, the property address, and the names of the residents on the lease.
32. Local Information and Guides
Weather, tides, beach conditions, local events, schools, services, and similar information in the Portal and the home guide are provided for general information only, are obtained in part from third-party and government sources, and may be incomplete, delayed, or inaccurate. They are not safety advice. Check official sources, posted warnings, and lifeguard instructions before entering the water or relying on any condition, schedule, or recommendation. Inclusion of a business or service is not an endorsement.
33. Viewing by the House and Its Agent
The owners of the property and the House’s licensed real estate agent may sign in to view the Portal as it appears to residents, on a view-only basis and with personal details masked where practicable, to confirm that it operates correctly and to assist residents. They cannot make changes or send messages on a resident’s behalf through that view, and each such sign-in is logged. Lease documents and other leasing records provided by the House’s real estate agent may be added to your Portal documents.
34. Notices Through the Portal
Notices, reminders, and updates posted in the Portal or sent by text message or email are provided for convenience. Unless the lease or applicable law provides otherwise, a notice that the law or the lease requires to be given in a particular manner will be given in that manner, and posting in the Portal alone does not satisfy that requirement.