TERMS OF SERVICE
(Adopted August 31, 2020)
1. ACCEPTANCE OF TERMS
Welcome to the Valencia Lakes Website.
The following are the current Terms of Service (TOS) that may be updated from time to time by the Website Committee, subject to the approval of the Valencia Lakes Board of Directors (Board).
You can always review the most current version of the TOS by clicking on the "Terms of Service" link at the bottom of the website home page, or by clicking on "HERE" at the top of the message board page.
The Board may, at any time, modify or 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 Board.
If the Website Committee fails to enforce any right or provision in these terms and conditions, the user agrees that this failure does not constitute a waiver of such right or provision.
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 ON THE MESSAGE BOARD AND WEBSITE
The following are examples of message board posts or attachments and website conduct that are unacceptable and which the Website Committee has the authority to remove or modify, with or without the consent of the author. The descriptions below of unacceptable posts or attachments and of unacceptable conduct are meant to be examples and are not exclusive, exhaustive, or complete.
Unacceptable posts or attachments on the message board include those that:
a. Attack, threaten or demean others in any way, or contains any language or content that is harmful, harassing, defamatory, obscene, invasive of another’s privacy, or contains racially, ethnic, religious, sexual orientation, age-related, or gender-based slurs.
b. Specifically mention in a derogatory fashion another resident by name, by title, by reference, of by inference or by any other identifiable means. This applies to employees of the Valencia Lakes Homeowners Association (HOA) as well as Board members, past as well as present.
c. Contain any material that is confidential to the Board or any committee of the HOA and that the author has no authority to disclose.
d. Contain any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
e. Contain any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
f. Contain any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, intentionally or unintentionally violate any applicable Local, State or Federal laws.
g. Contain any commercial advertising messages or solicitations except and unless if posted by the HOA. 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, etc.) within the community.
h. Contain discussions of a political nature involving Local, State or Federal candidate or elected or appointed officials.
i. Contain attempts to influence the outcome of any Local, State or Federal election; or attempts to influence the selection/election of candidates for the Valencia Lakes Board of Directors.
j. Contain messages of a private nature. Private email should be used for such messages.
Unacceptable conduct on the website includes:
a. Harvesting, disclosing, disseminating, or using owner or resident information contained on the website such as email addresses, telephone numbers, or any other item of personal identification in any manner.
b. Soliciting membership or participation in, or contributions to, any activity, group or organization not specifically sanctioned by the HOA.
If you are aware of any TOS violations, please report them to the Website Committee through the process outlined below.
4. REMOVAL OF POSTS AND OTHER PENALTIES
The Website Committee or any authorized user of the site may report a potential violation of the TOS by accessing the form entitled “TOS VIOLATION FORM,” which can be found here. All complaints or information brought to a member of the Website Committee by an authorized user of the site shall remain confidential.
If the post is found to be in violation by a majority of the Website Committee:
a. The Website Committee shall contact the author of the post via an email or a documented phone call, and the author will be asked to immediately modify and/or remove the unacceptable portion of the post.
b. If the author of the offensive post refuses to remove all of the unacceptable language, sentences, etc., the Website Committee will ask the Website Administrator to remove the entire post.
c. If the Website Committee is unable to contact the author in a timely manner, or the author does not respond to a communication from the Website Committee in a timely fashion, the Website Committee will ask the Website Administrator to remove the entire post.
d. The author of the unacceptable post will be notified by a member of the Website Committee that the post was removed. In addition, the entire Website Committee and the Board will be notified and advised of the reason(s) for the removal via the Change of Status portion of the “TOS Violation Form.” This notice will serve as a warning and reminder to the author of the post that future violations may result in penalties.
e. The Website Committee has the discretion to remove an entire thread if one or more of the posts are edited or removed.
f. The Website Committee has the authority to remove a post which flagrantly violates the TOS prior to notification to the author.
g. A second violation of the TOS will result in a thirty day suspension from the message board.
h. Subsequent violations of the TOS may result in progressively longer periods of restriction and/or other penalties that may be imposed by the Board.
5. TERMINATION OF RIGHT TO USE THE WEBSITE
The Board or the Website Committee has the authority to file a grievance to suspend or terminate a user’s password and/or account or any part thereof, including the privilege to post messages or any other use of the website, for multiple violations of the TOS.
a) The first violation of the TOS will result in removal of the violation or the entire 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 may result in penalties.
b) A second violation may result in removal of the posting and a thirty day suspension from the Message Board.
c) Subsequent violations may result in progressively longer periods of restriction and/or other penalties that may be imposed by the Board
The website may provide links to other websites or resources. Because the HOA or members of the Website Committee have no control over such websites and resources, you acknowledge and agree that the HOA 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 HOA 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.
7. DISCLAIMER OF WARRANTIES
By logging on to the Valencia Lakes 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.
The user of the website agrees to indemnify and hold harmless the HOA, the Board and the individual Directors, committee volunteers, officers, agents, Owners/authorized residents, or other partners and employees from any claims or demands, including reasonable attorneys’ fees made by a third party due to, or arising out of content, that any user submits, posts to, or transmits through the website, his/her use of the website, his/her violation(s) of the TOS, or his/her violation(s) of the rights of another.
The website may provide notices of changes to the TOS or other matters by email or by announcements on the website.
The HOA, the Board, or members of the Website Committee are not liable for the content of any posts. These are reviewed only for items covered in the TOS. The Website Committee does not verify or endorse as true any information posted by a member.
10. 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.