TERMS OF SERVICE
(Adopted January 9, 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 Administrators, subject to the approval of the Board.
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 Website Committee shall have the discretion to remove posts that violate the TOS, or request that the author edit the post and remove the objectionable material. The failure to remove objectionable material will lead to the removal of the entire post.
Unacceptable posts include those that:
a) Attack, threaten or demean others in any way, or use foul language
b) Contain 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) Contain 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) 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.
g) Intentionally or unintentionally violate any applicable Local, State, or Federal law.
h) Commercial advertising messages and solicitations on the Message Board are not acceptable except if posted by the VLHOA. 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.
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 in violation of the TOS. A copy of the deleted post will be sent immediately to the Board. 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 the Website Administrators.
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.
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.
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 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.
8. 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 website may provide notices of changes to the TOS or other matters by email or by announcements 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 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.
11. 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.