Terms and Conditions of Website Use
1. ACCEPTANCE OF TERMS
Welcome to the Valencia Falls Website. The following are the current Terms of Service (TOS) that may be updated from time to time by the Administrators, subject to the approval of the Board.
The Valencia Falls Homeowners Association (VFHOA) may, at any time, discontinue providing the website or any part thereof. The Website Committee has the right and authority to interpret the TOS and enforce its provisions with concurrence of the Valencia Falls Board of Directors (Board).
2. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify the Website Committee immediately about any unauthorized use of your password, account, or any other breach of security.
3. MEMBER CONDUCT
The following are examples of unacceptable posts for your guidance. Posts that:
a) Attack, threaten or demean others in any way. In addition, foul language or links to websites are strictly prohibited on the Message Board. Such posts will be removed.
b) Transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
c) Harm minors in any way.
d) Transmit any content that you do not have a right to transmit under any law, rule or regulation, or under any contractual or fiduciary relationships; e.g., inside information or proprietary and confidential information learned or disclosed under nondisclosure agreements.
e) Transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
f) Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
g) Intentionally or unintentionally violate any applicable Local, State, or Federal law.
h) Graphics, pictures, or banners are not allowed in any posts on the Message Board and may be deleted without notice unless approved by the Board. A small picture may be included in your Profile by entering the location of the image in the box provided.
i) Commercial advertising messages and solicitations on the Message Board are not acceptable except if posted by the VFHOA or its Clubs and Organizations. Non-commercial advertising is permitted. Non-commercial advertising is defined as the sale by an Owner or authorized resident of an item; e.g., furniture, a bike, an exercise machine, or the sale or lease of a residence within the community. More than one such item may be listed for sale in a single posting on the Marketplace page of the website. Any link may be deleted at the discretion of the Website Administrators.
** Posts that fail to conform to these rules shall be removed. **
The following are examples of unacceptable conduct for your guidance:
a) Verbally abusing or otherwise harassing another.
b) Collecting, storing or using personal data about other Users or neighbors.
c) Electioneering – attempting to influence the outcome of any Local, State or Federal election; or attempting to influence the selection/election of candidates for the Valencia Falls Board of Directors.
d) Disclosing, disseminating or using Owner/resident information contained on the website such as email addresses, telephone numbers, or any other item of personal identification in any manner whatsoever, including but not limited to purposes of solicitation of products or services by mail, telephone, or otherwise without the written permission of the individual Owner/resident.
e) Soliciting membership or participation in, or contributions to any activity, group or organization not specifically sanctioned by the VFHOA.
f) Posting private messages on the Message Board. Private email should be used for such messages when appropriate.
The Website Committee may delete any material in any post that it determines to be disruptive, argumentative, or otherwise in violation of the TOS. A copy of the deleted post will be sent immediately to the Board for approval or disapproval. The User may appeal to the Board, in writing, if he/she feels that the message was not a violation.
If the Administrators should fail to enforce any right or provision in these terms and conditions, you agree that this failure does not constitute a waiver of such right or provision. Descriptions of unacceptable posts or unacceptable conduct are meant to be examples and not exclusive or complete.
If you are aware of any TOS violations, please report them to Website Administrators.
You agree to indemnify and hold the VFHOA, its Directors, committee volunteers, officers, agents, Owners/authorized residents or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees made by any third party due to, or arising out of content you submit, post to, or transmit through the website, your use of the website, your violation of the TOS, or your violation of any rights of another.
You understand and agree that the Board or the Website Administrators may suspend or terminate your password and/or account or any part thereof, including the privilege to post messages, or any other use of the website for violation(s) of the TOS.
All penalties must be approved/disapproved by the Website Administrators or the Board.
a) The first violation of the TOS will result in removal of the posting. The User and the Board will be notified and advised of the reason(s) for the removal. This notice will serve as a warning and reminder that future violations will result in penalties.
b) A second violation will result in removal of the posting and a thirty- day restriction to read only status.
c) Subsequent violations will result in progressively longer periods of restriction and/or other penalties that may be imposed by the Board.
7. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the VFHOA or members of the Website Committee shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the website.
The website may provide links to other websites or resources. Because the VFHOA or members of the Website Committee have no control over such websites and resources, you acknowledge and agree that the VFHOA or members of the Website Committee are not responsible for the availability of such external websites or resources, and do not endorse, and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.
You further acknowledge and agree that the VFHOA shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with use of, or reliance on any such content, goods or services available on or through any such website or resource.
9. DISCLAIMER OF WARRANTIES
By logging on to the Valencia Fa;;s Website, you expressly understand and agree that your use of the website is at your sole risk. The service is provided on an ‘as is’ and ‘as available’ basis. The website expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non infringement.
Notices to you may be made via email or regular mail. The website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices on the website.
The VFHOA, the Board, or members of the Website Committee are not liable for the content of any posts. These are reviewed only for foul language, referral links, and other items covered in these policies. The Website Committee does not verify or endorse as true any information posted by a member.
All headings and subheadings employed within this TOS are inserted for convenience and reference only. Headings are not to be considered in the interpretation of any provision of this TOS.
12. INVALIDITY OF A PARAGRAPH
If any section, sentence, or paragraph of this TOS is found to be invalid, void or unenforceable, the remainder of the TOS will continue in force.