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AGREEMENT
BETWEEN USER AND High Vista Homeowners Association, Inc.
The High Vista Homeowners Association, Inc. Web Site is comprised of various
Web pages operated by High Vista Homeowners Association, Inc.
The High Vista Homeowners Association, Inc. Web Site is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the High Vista Homeowners
Association, Inc. Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
High Vista Homeowners Association, Inc. reserves the right to change the
terms, conditions, and notices under which the High Vista Homeowners
Association, Inc. Web Site is offered, including but not limited to the
charges associated with the use of the High Vista Homeowners Association,
Inc. Web Site.
LINKS TO THIRD PARTY SITES
The High Vista Homeowners Association, Inc. Web Site may contain links to
other Web Sites ("Linked Sites"). The Linked Sites are not under
the control of High Vista Homeowners Association, Inc. and High Vista
Homeowners Association, Inc. is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. High Vista Homeowners
Association, Inc. is not responsible for webcasting
or any other form of transmission received from any Linked Site. High Vista
Homeowners Association, Inc. is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by High
Vista Homeowners Association, Inc. of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the High Vista Homeowners Association, Inc. Web
Site, you warrant to High Vista Homeowners Association, Inc. that you will
not use the High Vista Homeowners Association, Inc. Web Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You
may not use the High Vista Homeowners Association, Inc. Web Site in any
manner which could damage, disable, overburden, or impair the High Vista
Homeowners Association, Inc. Web Site or interfere with any other party's use
and enjoyment of the High Vista Homeowners Association, Inc. Web Site. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the High Vista
Homeowners Association, Inc. Web Sites.
USE OF COMMUNICATION SERVICES
The High Vista Homeowners Association, Inc. Web Site may contain bulletin
board services, chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way
of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
- 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 or information.
- Upload files that contain software or other
material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents.
- Upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage the
operation of another's computer.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests, pyramid
schemes or chain letters.
- Download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
- Falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of
the origin or source of software or other material contained in a file
that is uploaded.
- Restrict or inhibit any other user from using
and enjoying the Communication Services.
- Violate any code of conduct or other
guidelines which may be applicable for any particular Communication
Service.
- Harvest or otherwise collect information about
others, including e-mail addresses, without their consent.
- Violate any applicable laws
or regulations.
High Vista Homeowners Association, Inc. has no obligation
to monitor the Communication Services. However, High Vista Homeowners
Association, Inc. reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. High
Vista Homeowners Association, Inc. reserves the right to terminate your
access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
High Vista Homeowners Association, Inc. reserves the right at all times to
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in High Vista
Homeowners Association, Inc.'s sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. High Vista
Homeowners Association, Inc. does not control or endorse the content,
messages or information found in any Communication Service and, therefore, High
Vista Homeowners Association, Inc. specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not
authorized High Vista Homeowners Association, Inc. spokespersons, and their
views do not necessarily reflect those of High Vista Homeowners Association, Inc..
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO High Vista Homeowners
Association, Inc. OR POSTED AT ANY High Vista Homeowners Association, Inc.
WEB SITE
High Vista Homeowners Association, Inc. does not claim ownership of the
materials you provide to High Vista Homeowners Association, Inc. (including
feedback and suggestions) or post, upload, input or submit to any High Vista
Homeowners Association, Inc. Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting High
Vista Homeowners Association, Inc., its affiliated companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. High Vista Homeowners Association, Inc. is under no
obligation to post or use any Submission you may provide and may remove any
Submission at any time in High Vista Homeowners Association, Inc.'s sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit
the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE High Vista Homeowners Association, Inc. WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. High Vista Homeowners Association, Inc. AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE High Vista Homeowners
Association, Inc. WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE High Vista
Homeowners Association, Inc. WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
High Vista Homeowners Association, Inc. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE High Vista Homeowners Association, Inc. WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. High Vista
Homeowners Association, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL High
Vista Homeowners Association, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE High Vista Homeowners Association, Inc. WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE High Vista Homeowners Association, Inc. WEB
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE High Vista Homeowners Association, Inc. WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE High Vista Homeowners Association,
Inc. WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF High Vista Homeowners Association, Inc. OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE High Vista Homeowners
Association, Inc. WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
High Vista Homeowners Association, Inc. WEB SITE.
SERVICE CONTACT: p828@bellsouth.net
TERMINATION/ACCESS RESTRICTION
High Vista Homeowners Association, Inc. reserves the right, in its sole discretion,
to terminate your access to the High Vista Homeowners Association, Inc. Web
Site and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or
relating to the use of the High Vista Homeowners Association, Inc. Web Site.
Use of the High Vista Homeowners Association, Inc. Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or agency relationship exists
between you and High Vista Homeowners Association, Inc. as a result of this
agreement or use of the High Vista Homeowners Association, Inc. Web Site. High
Vista Homeowners Association, Inc.'s performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement
is in derogation of High Vista Homeowners Association, Inc.'s right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the High Vista Homeowners Association, Inc. Web Site
or information provided to or gathered by High Vista Homeowners Association,
Inc. with respect to such use. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes the
entire agreement between the user and High Vista Homeowners Association, Inc.
with respect to the High Vista Homeowners Association, Inc. Web Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and High Vista Homeowners
Association, Inc. with respect to the High Vista Homeowners Association, Inc.
Web Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d subject to
the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the
parties that this agreement and all related documents be
drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the High Vista Homeowners Association, Inc. Web Site are: Copyright 2005-2007 HVHOA, Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be
sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.
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