WEB SITE TERMS & CONDITIONS OF USE
You have the right to say whatever you want provided it does not violate any laws. The following in a non-exhaustive list of things which are not allowed:
- Comments and/or media which are sexual in nature.
- Solicitation of minors.
- Human trafficking.
MesaOaksHOA.com is
owned and operated by the Mesa Oaks Homeowners Association, a
non-profit corporation filed in the State of Texas.
The Mesa Oaks HOA
reserves the right to change these terms and conditions at any time,
and you agree that each visit you make to Mesa Oaks HOA shall be
subject to the current terms and conditions as published on our
website at MesaOaksHOA.com (the ‘Web Site’, which shall also include
related mobile applications, widgets, APIs, emails and other related
online products and services).
General Terms of Use
By accessing
MesaOaksHOA.com you are agreeing to be bound by these Web Site Terms
& Conditions of Use and all applicable laws and regulations, and
you agree that you are solely responsible for compliance with any
applicable local laws. If you do not agree with any of these terms,
do not use this site. Any claim relating to MesaOaksHOA.com shall be
governed by the laws of the State of Texas. The materials contained
on the Web Site are protected by applicable copyright and trademark
laws.
Unless expressly
permitted by supplemental terms, our sites and services are intended
for general audiences 18 years of age and older, and access or use by
anyone younger is not permitted.
Internet Etiquette
You may not use the
Web Site to impersonate another person or misrepresent that you have
authorization to act on behalf of MesaOaksHOA.com or any other party.
All Content transmitted by you should correctly identify you as the
sender. Any attempt to alter the system configuration, to breach the
security of the network, to gain unauthorized access to other users.
email accounts, or any other attempt at ‘hacking’, is prohibited, and
will result in the immediate cancellation of all access and
privileges and the possibility of criminal and/or civil charges being
brought.
Disclaimer and
Limitation of Liability
Throughout the Web
Site we have provided links and pointers to Internet sites maintained
by third parties. Our linking to third-party sites does not imply an
endorsement or sponsorship of such sites, or the information,
products or services offered on or through the sites. In addition,
neither we nor any of our respective affiliated companies operate or
control in any respect any information, products or services that
third parties may provide on or through the Web Site or on websites
linked to by us on the Web Site.
THE INFORMATION,
PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY
THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS
THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR
OTHERWISE.
The Web Site is
provided for informational purposes only. The Web Site should not be
used in any high risk activities where damage or injury to persons,
property, environment, finances or business may result if an error
occurs. You expressly assume all risk for such use.
Certain sections of
the Web Site may allow you to purchase many different types of
products and services online that are provided by third parties. We
are not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. A
merchant may have privacy and data collection practices that are
different from ours. We have no responsibility or liability for these
independent policies. For more information regarding a merchant, its
online store, its privacy policies, and/or any additional terms and
conditions that may apply, visit that merchant’s website and click on
its information links or contact the merchant directly. You release
us and our affiliates from any damages that you incur, and agree not
to assert any claims against us or them, arising from your purchase
or use of any products or services made available by third parties
through the Web Site.
In no event shall
MesaOaksHOA.com or its service providers, affiliates, associates,
subsidiaries or partners be liable for any damages, including,
without limitation, damages for loss of data or profit, or due to
business interruption, arising out of the use of or inability to use
the materials contained on the Web Site even if MesaOaksHOA.com has
been notified of the possibility of such damage. Some jurisdictions
do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you. This disclaimer of liability applies
to any damages or injury caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or
destruction or unauthorized access to, alteration of, or use of
record, whether for breach of contract, tortious behavior,
negligence, or under any other cause of action.
The information and
opinions expressed in Bulletin Boards, Chat Rooms, or other
electronic forums conducted on the Web Site are not necessarily those
of MesaOaksHOA.com or its service providers, affiliates, associates,
subsidiaries or partners and MesaOaksHOA.com makes no representations
or warranties regarding that information or those opinions. Neither
MesaOaksHOA.com or its service providers, affiliates, associates,
subsidiaries or partners shall be responsible or liable to any person
or entity whatsoever for any loss, damage (whether actual,
consequential, punitive or otherwise), injury, claim, liability or
other cause of any kind or character whatsoever based upon or
resulting from any information or opinions provided in such forums.
Limited License
MesaOaksHOA.com
hereby grants you a limited license to view on your computer, print,
or download any content made available on the Web Site for which a
fee is not charged, for non-commercial, personal, or educational
purposes only. Without limiting the generality of the foregoing you
may not make any commercial use of such content, either alone or in
or with any product which you distribute, or copy or host such
content on your or any other person’s web site or FTP server. Nothing
contained in this limited license shall be deemed as conferring any
right in any copyright, trademark, trade name or other proprietary
property of MesaOaksHOA.com or any other party who owns or has
proprietary rights to the content, information and materials provided
on the Web Site.
Preservation of
Intellectual Property Rights
All material on this
site, including, but not limited to images, illustrations and
multimedia materials, is protected by copyrights which are owned and
controlled by MesaOaksHOA.com or by other parties that have licensed
their material to MesaOaksHOA.com. Material from this Web Site or
from any other web site owned, operated, licensed or controlled by
Mesa Oaks Homeowners Association may not be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any
way. Modification of the materials or use of the materials for any
other purpose is a violation of the copyrights and other proprietary
rights held by the respective providers thereof. The use of any such
material on any other web site, ftp server or network environment is
prohibited.
Changes and
Improvements
MesaOaksHOA.com may
make changes, improvements, alterations or amendments in and to the
products, services, information and materials contained on the Web
Site including the terms and conditions of your use of this Web Site,
without liability.
Jurisdictional
Issues
Due to the nature of
the Internet, it is not possible for MesaOaksHOA.com to restrict
access to its web site only to those jurisdictions in which it does
business. Some or all of the products and services offered on this
web site may not be eligible for solicitation in your jurisdiction.
If you are accessing this web site from such a jurisdiction, you
should not consider anything on this site as an offer to sell or as a
solicitation to the public to purchase any product or service from
MesaOaksHOA.com. This site is for use only by persons residing in
jurisdictions where such products and services may legally be sold.
Unless otherwise
specified, the materials contained on the Web Site are presented
solely for the purpose of providing information to persons residing
in the Mesa Oaks HOA. This site is controlled and operated by the
Mesa Oaks Homeowner’s Association. MesaOaksHOA.com makes no
representation that any of the materials contained in the Web Site
are appropriate or available for use in other locations or
jurisdictions. Those who choose to access this site from other
locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are
applicable.
This agreement shall
be governed by and construed in accordance with the laws of the State
of Texas and users of the Web Site irrevocably attorn to the
jurisdiction of the courts of the State of Texas. Any provisions of
this Agreement which are or may be rendered invalid, unenforceable or
illegal, shall be ineffective only to the extent of such invalidity,
unenforceability or illegality, without affecting the validity,
enforceability or legality of the remaining provisions of this
Agreement. This Agreement constitutes the entire agreement between
the parties pertaining to the subject matter hereof and supersedes
all prior and contemporaneous agreements, understandings,
negotiations and discussions, whether oral or written, of the
parties.
Privacy
MesaOaksHOA.com has
established a privacy policy covering the collection, use, and
disclosure of user information, which can be found at Privacy page
Submissions
The Web Site may
contain information, text, links, graphics photos, videos, audio,
streams, or other materials (“Content”), including Content
created with or submitted to the Web Site by you or through your
account. You represent and warrant that: (i) you own the Content
posted by you on or through the Web Site or otherwise have the right
to grant the license set forth below, and (ii) the posting of your
Content does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person.
Because you alone are responsible for your Content, you may expose
yourself to liability if you post or share Content without all
necessary rights.
You retain any
ownership rights you have in your Content, but you grant us the
following license to use that Content:
When Your Content is
created with or submitted to the Web Site, you grant us a
worldwide, royalty free, perpetual, irrevocable, non-exclusive,
transferable and sublicensable license to use, copy, modify, adapt,
prepare derivable works of, distribute, store, perform, and display
your Content and any name, username, voice or likeness provided in
connection with your Content in all media formats and channels now
known or later developed anywhere in the world.. You also agree that
we may remove metadata associated with your Content, and you
irrevocably waive any claims and assertions of moral rights or
attribution with respect to your Content.
Any ideas,
suggestions, and feedback about us or our Web Site that you provide
to us are entirely voluntary, and you agree that we may use such
ideas, suggestions, and feedback without compensation or obligation
to you.
You agree that you
shall have no recourse against the Mesa Oaks HOA for any alleged or
actual infringement or misappropriation of any proprietary right in
your communications to MesaOaksHOA.com.
In order to maintain
an informative and valuable service that meets the needs of the users
of the Web Site and avoids the harm that can result from
disseminating statements that are false, malicious, in violation of
the rights of others, or otherwise harmful, it is necessary to
establish the following rules to protect against abuse.
You may not:
- Restrict or inhibit any other user from using and enjoying the Web Site.
- Use the Web Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with, disrupt or overburden any servers or networks used to provide the Web Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Web Site.
- Use the Web Site to instigate or encourage others to commit illegal activities or cause injury or property damage or interfere with business interests or contractual relations of any person.
- Gain unauthorized access to the Web Site, or any account, computer system, or network connected to this Web Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web Site.
- Use the Web Site to post or transmit any unlawful, harmful, threatening, libelous, defamatory, pornographic, or otherwise illegal information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law.
- Use the Web Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Web Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Web Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Web Site to advertise or solicit to anyone to buy or sell products or services, to cease using the Web Site, to visit another competing Web Site, or to make donations of any kind, without our express written approval.
- Scrape the Web Site or gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
- All Content posted represents the opinions of the individuals or organizations posting that Content, and do not express our ideas or opinions. We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness or reliability of any of your Content. You agree to indemnify MesaOaksHOA.com and the Mesa Oaks HOA and each of its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing, or other provisions of these Terms and Conditions of Service.
You understand that
we have no obligation to monitor any bulletin boards, chat rooms, web
logs, or other areas of the Web Site through which users can supply
information or material. However, we reserve the right at all times
to disclose any information we believe necessary to satisfy any law,
regulation or governmental request, or to refuse to post or to remove
any information or materials, in whole or in part, that in our sole
discretion are objectionable or in violation of these Terms and
Conditions of Service. We also reserve the right to deny access to
the Web Site or any features of the Web Site to anyone, for any
reasons, including as a result of persons who violate these Terms and
Conditions of Service or who, in our sole judgment, interferes with
the ability of others to enjoy our website or infringes the rights of
others.
Moderators
Acting as a
moderator of a forum on MesaOaksHOA.com is an unofficial, volunteer
role. Moderators are not employees, contractors or agents of
MesaOaksHOA.com or of the Mesa Oaks HOA. Mesa Oaks HOA and
MesaOaksHOA.com are not responsible for actions or inactions of
moderators.
If you act as a
moderator, you agree that:
You will always act
in good faith as a moderator. You should always maintain a calm and
cordial demeanor as moderator.
You will not accept any gifts, favors or other compensation from third parties in connection with or related to your actions as a moderator.
- You should not promote or advertise any particular product, brand or service, and should remain impartial.
- You will comply with these Terms and Conditions of Service, along with the moderating guidelines and content policies of the Mesa Oaks HOA made available to you from time to time. You will take appropriate action whenever you are notified of content that violates the Mesa Oaks HOA policy or promptly escalate matters to the Mesa Oaks HOA for review. To the extent you are uncertain about what is the appropriate action in particular circumstances, you will contact the Mesa Oaks HOA.
- You are not authorized to act on behalf of the Mesa Oaks HOA. and may not represent to others that you are authorized to act on behalf of, or otherwise bind the Mesa Oaks HOA.
- As a moderator, you may receive or have access to confidential and/or non-public information. You will not publish any of this information online or share any of this information with third parties. You will keep this information secure and will protect this information from being accessed or seen by others. You will not use any of this information except in connection with your role as a moderator. If you believe any of this information in your possession has been accessed inappropriately, you will promptly contact the Mesa Oaks HOA. You will continue to comply with the provisions in this paragraph, even after you are no longer a moderator.
- the Mesa Oaks HOA may revoke your right to moderate at any time, for any reason, and may in its sole discretion, overturn any action or decision that you make.
Copyright Policy
MesaOaksHOA.com has
adopted and implemented a copyright policy in accordance with the
Digital Millennium Copyright Act of 1998. For more information,
please refer to our copyright policy at Copyright page
In appropriate
circumstances and at our sole discretion, we may disable and/or close
the accounts of users who repeatedly infringe or are repeatedly
charged with infringing the copyrights or other intellectual property
rights of others.
Passwords
To use certain
features of the Web Site, you will need a username and password,
which you will receive through the Web Site’s registration process.
You are responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities (whether
by you or by others) that occur under your password or account. You
agree to notify us immediately of any unauthorized use of your
password or account or any other breach of security, and to ensure
that you exit from your account at the end of each session. We cannot
and will not be liable for any loss or damage arising from your
failure to protect your password or account information.
Classified
Advertising
The Web Site may
include certain classified advertising services. When you submit a
classified ad for publication on the Web Site, you agree that the
advertisement as it appears on the Web Site becomes our property and
you assign all ownership interest in the advertisement as it appears
on the Web Site under copyright law or otherwise to us. Submission of
an advertisement does not constitute a commitment to publish the
advertisement, and publication of an advertisement does not
constitute an agreement for continued publication. We will accept
only standard abbreviations and require proper punctuation. We
reserve the right to edit, reclassify, revise, reject or cancel any
advertisement at any time, in our sole discretion.
Affiliate Links
MesaOaksHOA.com
reserves the right to overwrite or replace any affiliate, commercial,
or monetizable links, posted by users of MesaOaksHOA.com, with our
own internal tracking. You agree not to post or otherwise make
available content that constitutes or contains “affiliate
marketing,” “link referral code,” or “unsolicited
commercial advertisement” unless it is requested by another
member or it is posted in the appropriate section of the website
dedicated to classified ads and business affiliations. Do not
promote businesses outside of these areas more than once a month
otherwise.
Termination
We may cancel or
terminate your right to use the Web Site or any part of the Web Site
at any time without notice. In the event of cancellation or
termination, you are no longer authorized to access the part of the
Web Site affected by such cancellation or termination. The
restrictions imposed on you with respect to material downloaded from
the Web Site, and the disclaimers and limitations of liabilities set
forth in these Terms and Conditions of Service, shall survive.