Website User Agrement
LEGAL DISCLAIMER
Material contained in the Association website is for information purposes only. Due to
the technical and security risks inherent on the Internet, and because the document you
access may differ from the original depending on your browser software, the information
set out in this website should not be used for the purpose of making decisions with the
respect to the Association. Formal notices and other communications with the Board of
Directors or Association required or allowed by the Declaration or Bylaws should be
made in writing to the Association at its official address. While the Association has
attempted to maintain current and accurate information on the website, such accuracy is
not guaranteed.
DISCLAIMER OF WARRANTIES
The information, material and software algorithms contained in this website or which
may be downloaded from this website, including text, graphics and hyperlinks, are
provided “as is” and “as available”. The Association does not warrant, guarantee or
otherwise endorse any particular product, vendor or service which may be advertised on
the Association website. The information and material contained on this website is
believed to be accurate and complete at the time of posting. Although the Association
attempts to ensure that all information and material remain current and accurate,
Association does not warrant its accuracy, completeness and currency at all times. In
addition, the Association does not warrant the accuracy, adequacy or completeness or
software algorithms and expressly disclaims liability for error or omission in any
software algorithms.
No warranty of any kind, implied, express or statutory, including but not limited to
warranties as to non-infringement of intellectual property rights, or third-party rights,
title, latent defects, uninterrupted service, merchantability, fitness for a particular purpose
and freedom from computer viruses, is given in conjunction with the information,
materials and software algorithms.
EXCLUSION OF LIABILITY
In no event will the Association be liable and you agree to hold the Association harmless
for any damages, including without limitation, direct or indirect, special incidental, moral
or consequential damages, loss of profits, opportunities or information or for expenses
arising in connection with this website, with any software algorithms available thereon
nor with any hyperlinked website or for use thereof or inability to use by interruption,
defect, delay in operation or transmission, computer virus or line or system failure, even
if the Association is advised of the possibility of such damages, losses or expenses.
Software algorithms made available and hyperlinks to other internet resources are at your
own risk. The content, accuracy, opinions expressed on this website or any other links
provided by these software algorithms and resources are not investigated, verified,
monitored, or endorsed by the Association.
COPYRIGHT AND TRADEMARKS
All material found in the pages of this website is protected under the copyright laws of
United States and of other countries. Certain names, words, titles, phrases, logos, icons,
graphics or designs in the pages of this website may constitute trade names, trademarks
or service marks of the Association, or the use of which may have been licensed to them.
The display of trademarks, trade names or service marks on pages at this website does not
imply that a license of any kind has been granted to anyone else. Any unauthorized
downloading, retransmission, republication or other copying or modification of material
posted on this website, including trademarks, trade names, and service marks, may
violate federal, provincial, common or civil law trademark law and copyright law, and
result in legal action.
LINKS TO THIRD-PARTY WEBSITES
Association does not control any third-party website and is therefore not responsible for
the content of any linked website or any link contained in a linked website. The
Association provides such links only as a convenience and the inclusion of any link does
not imply endorsement, investigation or verification by the Association of the linked
website or information contained therein.
INTERNET E-MAIL
The internet is not a fully secure medium, and therefore confidentiality and privacy
cannot be ensured. Association will not be liable for any damages resulting from the
transmission of confidential, libelous, defamatory or personal information.
DEFAMATORY OR OTHERWISE OFFENSIVE CONTENT
In no event will the Association be liable and you agree to hold the Association harmless
for any damages, losses, or causes of action, including defamation, libel, slander and any
other tort action, arising out of any content posted on this website by any person,
including a member of the Association and any other third party. If any person posts any
content on this website that, in the sole judgment of the Board of Directors or its delegee,
is offensive, defamatory, libelous or otherwise illegal, the Board of Directors reserves the
right to remove such content and shall deactivate the user from use of the site for an
indefinite period of time. After six (6) months, the user may petition the Board of
Directors in writing for restoration of the user’s privileges. The Board of Directors has
the exclusive right to decide whether to reactivate a user’s account.
HOUSEHOLD ACCOUNT
Each household shall have one user account with the website. A household is defined as
the actual home located within the Association, or if the owner is an off-site owner, then
the registered address of the homeowner would also be a household. Accordingly, a
homeowner with tenants in the unit would use his or her registered address as a
household and the tenants could register as users from the physical address of the home.
If a member of a household is a member of the Board of Directors or a committee, then
that member may have a separate user account.
PERSONAL IDENTIFYING INFORMATION
Personal Identifying Information (“PII”) is defined as “information that can be used to
identify a unique individual, such as names; home, email or other address; telephone
number; birth date; bank accounts, credit/debit card number; passport number; drivers
license number; social security numbers; and similar personal information.” PII is
maintained by the Association and any user of the website shall be prohibited from
posting another resident’s PII on the website without express written consent from the
Board of Directors to do so. In the event a user violates this provision, such user shall
indemnify and hold harmless the Association from any and all claims made against the
Association, the Board, committee members, management, employees or any Association
agents for postings made on the discussion forum, to include all expenses related to such
claims and costs and attorneys fees. Moreover, I agree to release and discharge to the
fullest extent permissible under applicable law and covenant not to sue the Association,
any of its officers, directors, employees, agents, contractors, successors and assigns from
and against any and all claims, actions, causes of actions, suits, awards, judgments,
penalties and fines that may arise from the use of the website and any information
contained and accessible through the website.