TERMS OF SERVICE

(Adopted October 2, 2012)

 

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 Administrators, subject to the approval of the Board. You

can always review the most current version of the TOS in the “Documents” section on the website.

The Valencia Lakes Homeowners Association (VLHOA) 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 Lakes

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 VLHOA 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 Lakes 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 VLHOA.

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.

4. INDEMNITY

You agree to indemnify and hold the VLHOA, 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.

5. TERMINATION

You understand and agree that the Board or the Website Administrators may file a grievance to

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.

6. PENALTIES

All penalties must be approved/disapproved by 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 thirtyday

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 VLHOA 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.

8. LINKS

The website may provide links to other websites or resources. Because the VLHOA or members of

the Website Committee have no control over such websites and resources, you acknowledge and

agree that the VLHOA 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 VLHOA 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 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 noninfringement.

10. NOTICE

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 VLHOA, 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.

11. HEADINGS

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.