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TERMS OF USE

YOUR USE OF THIS WEBSITE (THE “SITE”) CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE (“TERMS”) AND ANY SUBSEQUENT CHANGES TO THE TERMS.  DO NOT USE THIS SITE IF YOU DO NOT AGREE TO ALL OF THE TERMS.

 

General Description

Welcome to the website owned by Stoneybrook Villas Owners Association, a California Nonprofit Mutual Benefit Corporation (SVOA) using the domain name of stoneybrookvillas.org. This website is a community interest development website that seeks to connect Association members, other Association residents and other Association interested parties, including prospective buyers or prospective residents to useful and non-confidential information about our community.

SVOA may change these Terms at any time. Please periodically visit this section of the Site to ensure that you are up to date on the most current version of these Terms. Your continued access of the Site constitutes your agreement to any revised Terms.

 

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE.  WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE.  WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SVOA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.  UNDER NO CIRCUMSTANCES SHALL SVOA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE SITE) EVEN IF SVOA, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.

 

Account Registration and Eligibility

To utilize the Services, or certain portions thereof, participating persons may be required to establish an account with SVOA (the “Account”) by completing a registration process (becoming a “Registered User”). Use of the Services and Account registration is void where prohibited. By registering for an Account, you represent and warrant that (a) all information provided by you to SVOA is current, accurate, and complete: (b) you will maintain the accuracy and completeness of this information on a prompt, timely basis; and (c) your use of the Services does not violate any applicable law or regulation.

 

Privacy

SVOA respects the privacy of our website users. Our Privacy Policy is expressly incorporated herein by reference and made a part of these Terms.

 

Password and Security

In order to become a Registered User of this website’s Services, you may be required to set up one or more passwords.  You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are fully responsible for all actions and postings made from your Account(s). Any Accounts you create are non-transferable.  You agree to notify SVOA immediately if you become aware of any unauthorized use of your Account(s).

 

Acts Against the Site/Services

You shall not attempt or engage in potential harmful acts that are directed against the Site or Services including, without limitation, the following:

(a)                        Using the Site or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to use your Account(s) or impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Site or Services; (g) violating or attempting to violate any security features of the Site; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site: (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site or Services; (j) interfering or attempting to interfere with the use of the Site by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Site; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Site or Services without the express written permission of SVOA; (l) tampering with the operation, functionality, or the security of the Site or Services; (m) attempting to override or circumvent any security of the Site or Services; (m) attempting to override or circumvent any security or usage rules embedded into the Site or Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site or Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to proved the Site or Services;  engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site; and (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.

 

Account Termination

SVOA reserves the right to terminate your Account(s), restrict access to you Account(s), or to delete any content posted through your Account(s), with or without notice, for any or for no reason, and without any liability to you.

 

Content on the Site

These Terms apply to two (2) different categories of content available on the Site. The first category consists of content that is freely accessible to the public and does not require that the user register or obtain a username and password (hereinafter “Public-Facing Content”).  The second category of content is only accessible to Registered Users and requires a username and password (“Secured Content”).

Public-Facing Content is freely available to the public and includes information about SVOA and its community.

The portion of the Site contain Secured Content is only accessible to SVOA Board of Directors, members of the Board’s committees, members of SVOA and staff of SVOA’s managing agent and website maintenance vendors. Registered Users accessing Secured Content will have access to various data depending on those incumbent’s level of security.  A Registered User will gain access to Secured Content only after the SVOA Board of Directors has authorized its managing agent to approve the user’s access to that information.  Registered Users agree to use Secured Content only to the extent necessary for that Registered User’s membership, committee or Board uses.  Registered Users may not use Secured Content for any other purpose.

 

Links to Third Party Sites

The Site may contain links to third party web sites (“Third Party Sites”). You understand that because SVOA has no control over Third Party Sites, we do not endorse, have not reviewed, and are not responsible for the content or availability of Third Party Sites.  You acknowledge that use of Third Party Sites is at your own risk and that SVOA is not responsible or liable, directly or indirectly, for any damage or loss you incur in connection with products or services available or the content accessed on Third Party Sites, nor the accuracy, copyright compliance, legality, decency, or other aspect of Third Party Sites.

 

Intellectual Property

Unless otherwise stated, SVOA or its licensors own all right, title and interest in and to any and all of SVOA’s website content posted on or used in conjunction with the Site, including without limitation, all intellectual property rights.

 

Termination of Service

SVOA disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Services or any software provided through the Services.  SVOA reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

 

No Waiver of Terms

Failure of SVOA to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

 

Governing Law and Entire Agreement

These Terms are governed by the laws of the State of California , without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply.  You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of California in the event of a dispute of any kind arising from or relating to the Site or the Services, or your use or review of them.  These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.

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