AGREEMENT BETWEEN USER AND BALDWIN PARK HOA
The Baldwin Park HOA Web Site (the "Site") s comprised of various Web pages operated by Baldwin Park HOA.
The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Baldwin Park HOA reserves the right to change the terms, conditions, and notices under which the Site is offered. Baldwin Park HOA may modify this Terms of Use Agreement from time to time and such modification shall be effective upon posting by Baldwin Park HOA on the Site. You agree to be bound to any changes to this Terms of Use Agreement when you use the Site after any such modification has been posted. It is therefore important that you review the Terms of Use Agreement regularly to ensure that you are updated as to any changes.
RECEIVING EMAILS FROM THIS WEBSITE
The Site includes communication features that send emails to members. These include but are not limited to community announcements and online discussion forums. User agrees to receive these emails by registering on the Site. Certain features like announcements and forums may allow each user to unsubscribe and turn off these emails. However, Baldwin Park HOA or the website operator may still need to contact you from time to time via email and you agree to receive these emails. Therefore these communication choices do not apply to mandatory service communications that are considered part of being a registered user of the Site.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Baldwin Park HOA and Baldwin Park HOA 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. Baldwin Park HOA is not responsible for webcasting or any other form of transmission received from any Linked Site. Baldwin Park HOA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Baldwin Park HOA of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to Baldwin Park HOA that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree that you shall not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree that you shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
USE OF COMMUNICATION SERVICES
The Site may contain forums, 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 ("Content"), and that Baldwin Park HOA may delete any Content that in the sole judgment of Baldwin Park HOA violates this Terms of Use Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any person. Baldwin Park HOA assumes no responsibility for monitoring the Site and/or Communications Services for inappropriate Content or conduct. If at any time Baldwin Park HOA chooses, in its sole discretion, to monitor the Site and/or Communications Services, Baldwin Park HOA nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Communications Services, and any material or information that you transmit to other Users and for your interactions with other Users. Baldwin Park HOA does not endorse and has no control over the Content. Content is not necessarily reviewed by Baldwin Park HOA prior to posting and does not necessarily reflect the opinions or policies of Baldwin Park HOA. Baldwin Park HOA makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other users.
CONTENT/ACTIVITY PROHIBITED
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Communications Services of the Site. Baldwin Park HOA reserves the right to investigate and take appropriate legal action against anyone who, in Baldwin Park HOA's sole discretion, violates this provision, including without limitation, removing the offending communication from the Communications Services of the Site and terminating your access to the Communications Services and/or the Site. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Baldwin Park HOA:
- Defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
- Publishs, posts, uploads, distributes or disseminates any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Uploads 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.
- Uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertises or offers to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conducts or forwards contests, pyramid schemes or chain letters.
- Downloads any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsifies or deletes 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.
- Restricts or inhibits any other user from using and enjoying the Communication Services.
- Violates any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvests or otherwise collects information about others, including e-mail addresses, without their consent.
- Violates any applicable laws or regulations.
Baldwin Park HOA 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 Baldwin Park HOA's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Baldwin Park HOA does not control or endorse the content, messages or information found in any Communication Service and, therefore, Baldwin Park HOA 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 Baldwin Park HOA spokespersons, and their views do not necessarily reflect those of Baldwin Park HOA.
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 BALDWIN PARK HOA OR POSTED AT ANY BALDWIN PARK HOA WEB SITE
Baldwin Park HOA does not claim ownership of the materials you provide to Baldwin Park HOA (including feedback and suggestions) or post, upload, input or submit to any Baldwin Park HOA Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Baldwin Park HOA, 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. Baldwin Park HOA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Baldwin Park HOA'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 BALDWIN PARK HOA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BALDWIN PARK HOA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BALDWIN PARK HOA WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BALDWIN PARK HOA 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.
BALDWIN PARK HOA 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 BALDWIN PARK HOA 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. BALDWIN PARK HOA 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 BALDWIN PARK HOA 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 BALDWIN PARK HOA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BALDWIN PARK HOA 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 BALDWIN PARK HOA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BALDWIN PARK HOA WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BALDWIN PARK HOA 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 BALDWIN PARK HOA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BALDWIN PARK HOA WEB SITE.
SERVICE CONTACT : See Contacts section of this web site.
TERMINATION/ACCESS RESTRICTION
Baldwin Park HOA reserves the right, in its sole discretion, to terminate your access to the Baldwin Park HOA 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 Idaho, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Ada County, ID., U.S.A. in all disputes arising out of or relating to the use of the Baldwin Park HOA Web Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Baldwin Park HOA as a result of this agreement or use of the Baldwin Park HOA Web Site. Baldwin Park HOA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Baldwin Park HOA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Baldwin Park HOA Web Site or information provided to or gathered by Baldwin Park HOA 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 Baldwin Park HOA with respect to the Baldwin Park HOA Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Baldwin Park HOA with respect to the Baldwin Park HOA 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 and 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 Baldwin Park HOA Web Site are: Copyrighted by Baldwin Park HOA and/or its suppliers. All rights reserved.
TRADEMARKS
Baldwin Park HOA, or logo and the products and services, if any, described in this Site are or may become trademarks, registered trademarks or trade dress of Baldwin Park HOA or its affiliates in the U.S. and/or other countries. Baldwin Park HOA's trademarks and trade dress may not be used in connection with any product or service that is not Baldwin Park HOA's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Baldwin Park HOA. All other trademarks not owned by Baldwin Park HOA or its affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Baldwin Park HOA or its affiliates.
Any rights not expressly granted herein are reserved.
