This Website Terms of Use Agreement and
Disclaimer of Liability (this “Agreement”) governs the use of the
Lake Village Homeowners Association Website including the content
contained therein (this “Website”). This Agreement is a legal
contract between the Lake Village Homeowners Association (referred
to in this Agreement as the “HOA”) and you, the user of this Website
(referred to in this Agreement as “User”) and your principals as
described below in Section 1. This Website may be used only by
persons who have accepted the terms of this Agreement. If you
do not intend to accept this Agreement you should refrain from using
this Website in any manner.
1. Acceptance.
Accessing or otherwise using this Website constitutes acceptance of
the terms of this Agreement by User and by parties on whose behalf
or for whose benefit User accesses or otherwise uses this Website
(“User’s Principals”). User represents and warrants that he or
she is authorized to enter into this Agreement and bind User’s
Principals to the terms of the Agreement. Unless otherwise
specified, references to “User” in this Agreement shall be construed
to also refer to User’s Principals.
2. Permission to Use;
Limitations; Termination.
Users who have accepted this
Agreement are granted permission to use this Website for its
intended purposes subject to the terms of this Agreement.
Certain sections of this Website may be restricted in which event
use of those sections is prohibited unless specific permission to
access those sections is given by the HOA. This Website may be
used only for User’s internal purposes. User agrees to comply
with this Agreement as it may be modified from time to time as set
forth below. User also agrees to comply with all applicable
laws. The HOA may cancel User’s permission to use all or any
part of this Website at any time for any reason in the sole
discretion of the HOA. User’s permission to use this Website
shall automatically terminate in the event that User violates this
Agreement. All provisions of the Agreement other than the
permission to use this Website shall survive termination.
3. Third-Party Websites/Vendors.
This Website may contain advertisements for or
information about third-party providers of information, services and
products and/or links to their websites. The owners and
affiliates of such providers are referred to in this Agreement as
“Third-Party Vendors”. Such advertisements, information and
links shall not be construed as approval or endorsement of such
vendors or their websites. If User decides to deal with such
vendors or visit such sites, User understands that it is subject to
any applicable rules and policies of such Third-Party Vendors
including any applicable terms of use agreements or privacy policies
of such Third-Party Vendors. Third-Party Vendors have no
authority to act on behalf of or bind the HOA or its affiliates, and
neither the HOA nor its affiliates are responsible for the actions
of Third-Party Vendors. User shall be responsible for taking
such steps as User deems appropriate to evaluate third-Party Vendors
and their services and products and otherwise protect User’s
legitimate interests. The HOA shall not be construed to be a
party to any transactions that may be entered into between User and
Third-Party Vendors.
4. User Postings.
This Website may contain a bulletin board news section or open forum
as a convenience for Users. The HOA assumes no obligation to
monitor the contents thereof but reserves the right to refuse to
accept and to remove any posting at any time. User agrees not
to post any information or materials that violate intellectual
property laws, that are obscene, pornographic, defamatory, violent,
harassive or that otherwise violates applicable laws or community
standards, or that are objectionable as determined by the HOA.
User acknowledges that any information and materials posted on this
Website are subject to use by the HOA in connection with operating
this Website and otherwise contemplated by this Agreement.
Users under the age of 18 are not authorized to make any postings on
the Website without parental permission and by making such postings
are deemed to represent that they have obtained such permission.
The HOA assumes no obligation to investigate the existence of
parental permission. Users under the age of 13 are not allowed
to make postings on the Website in any manner. User
acknowledges that the contact information provided by User in
connection with submitting a posting may be posted on the Website.
The HOA may establish additional and different policies and
guidelines from time to time regarding posting information on the
Website.
5. Security; Privacy.
The HOA cannot guarantee the security of any information provided by
or on behalf of User in connection with this Website, and the HOA
shall not be responsible for a compromise of User information.
User is responsible for maintaining the security of any passwords or
other access keys provided to User for any portions of this Website.
The HOA has no obligation to store or maintain any information
provided by or on behalf of User. Contact information
collected from Users, may be used to distribute information that the
HOA believes may be of interest to Users or others such as
information relating to association meetings, community events and
activities, rental offerings and Third-Party Vendors. User
information may also be provided to third-parties. A User that
wishes to limit the use of any information that it may provide
should contact the HOA as described in Section 10 of this Agreement.
6. Changes to Website;
Limitation of Availability.
The HOA may modify or discontinue
any aspect or feature of this Website, including its content,
availability, pricing, registration requirements, the domain name
addresses through which this Website is accessible, or the equipment
needed for its use, at any time and for any reason in the sole
discretion of the HOA. The availability of this Website is
subject to periodic downtime for maintenance and repairs and is
subject to interruption due to causes beyond the HOA’s control
including failure of telecommunication links and failure of Internet
infrastructure User acknowledges and agrees that the HOA shall not
be responsible for any interruptions of the availability of this
Website or for continuation of this Website or any of its content.
7. Exclusive User Remedy.
In the event that User is dissatisfied with any aspect of this
Website, User’s sole remedy shall be to discontinue use of this
Website.
8. DISCLAIMER OF WARRANTIES.
THIS WEBSITE IS PROVIDED “AS-IS” WITH ALL FAULTS AND THE HOA
DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES
RELATING TO THIS WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, WARRANTIES AGAINST INFRINGEMENT OR
INTERFERENCE WITH ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE. BY WAY OF ILLUSTRATION WITHOUT
LIMITATION, THE HOA DOES NOT WARRANT THAT THIS WEBSITE WILL FULFILL
ANY OF USER’S PARTICULAR REQUIREMENTS THAT ACCESS TO THIS WEBSITE
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED
THROUGH THIS WEBSITE IS ACCURATE.
9. DISCLAIMER OF LIABILITY.
NEITHER THE HOA NOR ANY OF ITS AFFILIATES, LICENSORS, PARTNERS,
MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER
AGENTS SHALL HAVE ANY LIABILITY TO ANY USER OR THEIR PRINCIPALS AND
AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST
SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT,
TORT OR STATUTE. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT
THE HOA IS PROVIDING ACCESS TO THIS WEBSITE IN RELIANCE ON THE
DISCLAIMERS AND LIMITATIONS SET FORTH IN THE AGREEMENT, AND FURTHER
ACKNOWLEDGES AND AGREES THAT SUCH LIMITATION ARE REASONABLE.
10. Proprietary Rights; Restrictions.
User acknowledges and agrees that this Website’s
content (i.e., data, information, files, graphics, etc.), design,
code, underlying technology and related information are proprietary
to the HOA (or its licensors and vendors if applicable) are
protected by U.S. and international copyright laws, trade secret
laws, trademark laws and other laws. The posting of
information or materials on this Website by the HOA or its
affiliates does not constitute a waiver of any right in such
information and materials. This Agreement does not provide
User with any right or interest in the HOA’s proprietary rights
related to this Website or otherwise and all such rights shall
continue to be owned by the HOA (or its licensors or vendors, if
applicable). Except to the extent express written permission
is given by the HOA, User shall not copy, reproduce or otherwise
duplicate this Website, in whole or in part, or access or attempt to
access any of the HOA’s systems, programs, data or other information
or content that is not made available for public use, or use any
information on this Website other than for its intended purpose.
Permission is hereby given to User to view, print or download
information on this site that is made available for public viewing,
printing or downloading, for User’s own internal use and not for
republication, distribution, sale, transfer, preparation of
derivative works or other use. Data mining, harvesting or
similar collection of email addresses or other information on this
Website is prohibited. Other trademarks appearing on this site
are trademarks of the HOA or others and may not be used without the
express written permission of their respective owners. If User
believes that any content or other aspects of the Website infringe
upon the rights of others, User should provide notice to the HOA via
email at
lvhoa@lakevillage.com
in which event the HOA may elect to investigate the matter further.
11. Choice of Law and Forum;
Attorneys’ Fees.
This Agreement shall be governed exclusively by its
terms and by the laws of the State of Nevada as applied to contracts
entered into in Nevada between Nevada residents without regard to
the state’s rules concerning choice of law. User hereby
expressly consents and agrees to exclusive jurisdiction and venue in
Douglas County, Nevada with respect to any litigation arising out of
or relating to this Agreement, provided that the HOA may bring an
action to enforce its rights in any forum having jurisdiction.
In the event the HOA is required to incur any attorneys fees or
other expenses in connection with enforcing or defending its right
under this Agreement with respect to User, User shall reimburse the
HOA for such attorneys’ fees and expenses.
12. Severability of Provisions.
In the event that any provision of this Agreement is held to be
invalid or unenforceable, the remainder of this Agreement shall
continue in full force and effect, and the provision held to be
invalid or unenforceable shall be automatically amended to most
closely approximate the original provision on terms that are valid
and enforceable and the court or other adjudicating authority
holding such provision invalid or unenforceable shall make such
amendment accordingly.
13. Integration.
This Agreement reflects the entire agreement of the parties relating
to the subject matter hereof, and any prior understandings,
agreements or representations related to such subject matter are
hereby superseded. This Agreement shall control over any
conflicting documents or information, including information on this
Website, and shall be the sole source of any obligations of the HOA.
14. Modification.
The HOA may modify the terms of this Agreement from time to time by
posting changes to this Agreement on this Website. No
provision of this Agreement may be amended, modified or waived
except as provided in the foregoing sentence. User agrees to
review this Agreement from time to time and comply with any changes.
Any use of this Website after the HOA’s posting of any such changes
shall constitute User’s acceptance of this Agreement as modified.
15. Interpretation.
The terms of this Agreement constitute the mutual agreement of the
parties and shall be construed neutrally and not for or against
either party When used in this Agreement, the term “include”
or “including” means “including but not limited to.” The
heading in this Agreement are inserted for convenience; the
provisions of this Agreement shall control.
Terms of Use – Version 1.1
2011-02-28
Copyright, 2010-2011 Lake Village Homeowners Association
