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Hidden Ridge Condominiums
HOMEOWNERS ASSOCIATION
Terms of Use
Welcome to the hiddenrdigecondos.net web site. Please read the following Terms of Use carefully. Your USE and ACCESS TO the hiddenridgecondos.net website are governed by these Terms of Use. By using the hiddenridgecondos.net web site you agree to be bound by the following TERMS AND CONDITIONS:
1. Definitions
As used in these Terms of Use, the following terms shall have the following meanings:
·“Web Site” means the “www.hiddenridgecondos.net” web site and any and all information provided directly or indirectly through the Web Site.
·“We,” “Our,” “Us”, Hidden Ridge Condominiums Homeowners Association, and Hidden Ridge refer to Hidden Ridge Condominiums Homeowners Association.
2. Use at your own risk
Your use of the Web Site, including any information provided directly or indirectly through the Web Site, is at your sole risk. YOU HEREBY WAIVE ANY AND ALL CLAIMS TO THE CONTRARY.
3. Use of materials
Material on the Web Site, including but not limited to text, software, code, graphics, images, data, audio and video (collectively, the “Materials”), is owned by Hidden Ridge or third-party licensors. Hidden Ridge and/or third-party licensors retain all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how). Unless otherwise indicated on the Web Site, except for downloading one copy of the Materials for your personal, noncommercial use and/or printing copies of the Materials for such use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way without first obtaining the written permission of Hidden Ridge. Requests for permission for uses not authorized by these Terms of Use may be sent to:
:
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You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of the Web Site. You may not use any metatags or any other similar hidden text utilizing Hidden Ridge’s name or trademarks. If you violate any of this Section 3, your permission to use the Materials and the Web Site automatically terminates.
4. User postings
As a user of the Web Site, you are responsible for your own communications and are responsible for the consequences of any of your postings in the public areas of the Web Site. By submitting any material for posting on the Web Site, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) Hidden Ridge a royalty-free, perpetual, irrevocable, nonexclusive and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use and exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed.
We do not represent or guarantee the accuracy, completeness or reliability of any material posted by users of the Web Site nor do we endorse any opinions expressed by any users. You may rely on material posted by other users only at your own risk. Although we may occasionally screen or monitor material posted by users, We do not do so systematically, and We are not obligated to do so.
We may for any reason edit, refuse to post or remove without notice any materials posted by users. However, we have no obligation to edit, refuse to post or remove any material, including material that you may find objectionable or offensive or that violates these Terms of Use. If you become aware of any material that violates these Terms of Use, you may email such information to us at:
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. However, We do not guarantee that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to the Web Site for any reason, including violation of these Terms of Use or applicable law, or for no reason at all. However, We have no obligation to expel any user or to prevent further access to the Web Site.
5. Use policies
You may not do any of the following while using the Web Site:
·Intentionally or unintentionally violate any applicable local, state, or federal ordinance, statute, regulation, rule, or law;
·“Stalk” or otherwise harass another user;
·Interfere with or disrupt networks connected to the Web Site or violate the regulations, policies or procedures of such networks;
·Attempt to gain unauthorized access to the Web Site, computer systems or networks connected to the Web Site, through password mining or any other means;
·Interfere with another user’s use and enjoyment of the Web Site;
·Upload or transmit any message, information, data, text, software, graphic files or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
·Upload or transmit any Content that contains a virus, corrupted file, or other harmful component;
·Impersonate any person or entity, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload or transmit any Content under a fictitious name;
·Upload or transmit any Content that you do not have a right to upload or transmit under law or under contractual or fiduciary relationships (including but not limited to nondisclosure agreements);
·Upload or transmit any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;
·Upload or transmit any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);
·Intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another’s use of the Web Site;
·Harvest e-mail and/or other information about users of or visitors to the Web Site;
·Upload or transmit graphics, pictures, or banners;
·Disclose or disseminate resident information contained on the Web Site for any purpose;
·Engage in any conduct which may jeopardize the tax exempt status of Hidden Ridge;
·Use the resident information contained on the Web Site for any commercial purpose; or
·Upload any Content that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone.
If you violate any of this Section 5, your permission to use the Materials and the Web Site automatically terminates.
6. Linking to the Web Site
You may provide a link on your site to the Web Site subject to the following requirements:
·You may not frame or alter the appearance or visual presentation of the Web Site;
·You may not state or imply that we endorse, sponsor or otherwise approve your site or any other sites, unless it is true and accurate. Links to the Web Site may not be used in a way that implies or suggests that we approve or endorse you, your web site or your goods and services, unless it is true and accurate.
·Links may be text-based using the words: “Hidden Ridge Condominiums Home Owners Association” or “www.hiddenridgecondos.net” (the “Licensed Marks”), subject to the terms and conditions contained herein.
·You may only link to the home page of the Web Site, unless you receive written permission from Hidden Ridge. Requests for permission to link to other parts of the Web Site may be sent to:
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·You may not use the Licensed Marks on any site that disparages or presents false information about Us.
·You may not use the Licensed Marks as a predominant feature of your site. At a minimum, this means that the Licensed Marks must appear smaller than your web page title and any of your marks or logos, they may not be displayed more prominently than other marks or logos on your page, and they should not appear at the top of the page, but rather at the bottom, along the sides or in some location less prominent than the top.
·You may not use the Licensed Marks in any manner that would adversely affect the name, reputation or goodwill of Hidden Ridge, or use the Licensed Marks on any site that contains any Content that is unlawful; harmful; threatening; abusive; harassing; tortuous; defamatory; vulgar; obscene; libelous; that may be invasive of another’s privacy; hateful; or racially, ethnically or otherwise objectionable.
·You may not use the Licensed Marks on any site that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone, or that violates or encourages or assists another to violate any law or regulation.
·We will have no responsibility or liability for any content appearing on your web site. You agree to defend, indemnify and hold harmless Hidden Ridge and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your web site. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation as We may request.
·By linking, you acknowledge and agree that, other than as specifically set forth in these Terms of Use, all rights to the Licensed Marks and other Hidden Ridge marks and logos belong to Hidden Ridge. In addition, you acknowledge the validity of Hidden Ridge’s ownership in the Licensed Marks and other Hidden Ridge marks and logos and will not contest such ownership or the validity of any registrations of Hidden Ridge relating to such marks and logos. You agree that use of the Licensed Marks shall inure to the benefit of Hidden Ridge. If you happen to obtain any rights or goodwill in the Licensed Marks, you agree that all such rights and goodwill will automatically vest in Hidden Ridge and you will take all actions necessary to affect such vesting.
·You are prohibited from using the Hidden Ridge marks or logos or any names, marks or other materials in a manner that is likely to cause confusion with, dilute or damage the reputation or image of Hidden Ridge.
·We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to the Web Site from your site.
Subject to these Terms of Use and your compliance with the above requirements, Hidden Ridge agrees to grant you a limited, non-exclusive, non-transferable, royalty-free license to use the Licensed Marks solely for the purpose of establishing a link permitted hereunder. Except for the limited license to use the Licensed Marks set forth in this paragraph, you may not use any of Hidden Ridge’s trademarks or service marks or logos for any other reason without the express written permission of Hidden Ridge. Hidden Ridge may, at any time, in its sole discretion, without cause, terminate the license granted herein to use the Licensed Marks and your right to link to any pages on the Web Site. Upon our request, you agree to immediately remove all links to the Web Site and to cease using the Licensed Marks. Without limiting the foregoing, if you violate any of this Section 9, your license to use the Licensed Marks and your right to link to any pages on the Web Site automatically terminates. Thereafter, any future links to the Web Site will require the express written permission of Hidden Ridge.
7. Links to third-party sites
The Web Site contains links to third-party web sites. These links are provided solely for your convenience. They are not an endorsement by Us of the contents of such third-party web sites. We are not responsible for the content or practices of linked third-party sites. We do not make any representations or warranties about the content or accuracy of materials on such third-party web sites or the practices of such sites. If you decide to access linked third-party web sites, you do so at your own risk. You are encouraged to review the terms of use, privacy policy, and other policies of any linked site, as the policies of the linked site may differ from those of this Web Site.
8. Advertisement disclaimer
The Web Site may contain advertisements from individuals or organizations (“Advertisers”). Advertisers are separate and distinct from and are not affiliated with Hidden Ridge. Hidden Ridge does not endorse or make any representation or warranty of any kind regarding such Advertisers or their services or products. You are solely responsible for investigating and assessing such Advertisers and their services or products and determining whether it is in your best interest to enter into a business relationship with the Advertiser and the scope, nature, terms, and duration of any such business relationship. Your decision to contact an Advertiser, to enter into any relationship with an Advertisers, or to utilize an Advertiser’s services or products is at your sole risk.
9. Submissions
We welcome comments regarding Our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) regarding the Web Site submitted to Us will be Our exclusive property. Submission of any such Comments constitutes an assignment to Hidden Ridge of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. Hidden Ridge will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you do not send Us any Comments that you do not desire to assign to Hidden Ridge, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
10. Waiver of express and implied warranties
Access to and use of the Web Site AND ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE is provided on an “AS IS,” “AS AVAILABLE” BASIS, without representations and warranties to the fullest extent possible pursuant to applicable law. Hidden Ridge disclaims all representations and warranties, express, implied, or statutory, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, HIDDEN RIDGE DOES NOT REPRESENT OR WARRANT THAT THE WEB SITEOR ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.HIDDEN RIDGE DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, AND ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE IS FREE FROM VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST DESTRUCTIVE PROPERTIES.ALTHOUGH HIDDEN RIDGE HAS MADE AND WILL CONTINUE TO MAKE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, THE WEB SITE AND ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.HIDDEN RIDGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, ACCURACY, CURRENCY, COMPLETENESS, OR RELIABILITY OF OR THE RESULTS OF THE USE OF THE WEB SITE; ANY INFORMATION CONTAINED ON THE WEB SITE; OR ANY INFORMATION POVIDED DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE.
11. Limitation of liability
UNDER NO CIRCUMSTANCES, SHALL HIDDEN RIDGE, OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, VOLUNTEERS, EMPLOYEES, CONTRACTORS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEB SITE, YOUR USE OR INABILITY TO USE ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE.THIS IS A COMPREHENSIVE RELEASE OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, CONTRACTUAL, OR DAMAGES OR LOSSES OF ANY OTHER KIND OR TYPE.THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF HIDDEN RIDGE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
12. Waiver of claims
YOU HEREBY WAIVE ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION OF ANY KIND YOU MAY HAVE DIRECTLY OR INDIRECTLY AGAINST HIDDEN RIDGE OR ITS MEMBERS, DIRECTORS, OFFICERS, VOLUNTEERS, EMPLOYEES, CONTRACTORS, AGENTS, OR OTHER REPRESENTATIVES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO YOUR ACCESS TO, USE OF, OR RELIANCE ON THE WEB SITE; OR ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE.
13. Defense, indemnification, and hold harmless
You hereby agree to defend, indemnify, and hold harmless HIDDEN RIDGE and its MEMBERS, DIRECTORS, OFFICERS, VOLUNTEERS, EMPLOYEES, CONTRACTORS, AGENTS, AND OTHER REPRESENTATIVES against any and all claims, demands, actions, causes of action, losses, damages, and expenses, including reasonable attorney’s fees and costs incurred in defending such claims directly or indirectly resulting from, arising out of, or in any way related to your access to, use of, or reliance on the Web Site; OR ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE.
14. Claims of copyright or other intellectual property infringement
If you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please contact the Designated Agent listed in our Copyright Policy.
15. Choice of law and forum
These Terms of Use were entered into in the State of Illinois. These Terms of Use shall be governed by and construed in accordance with the substantive laws of the State of Illinois, excluding its choice of law rules. Any claim or dispute related to, connected with or arising out of your use of the Website shall reside in the courts of the State of Illinois and in particular in either the DuPage County Circuit Court or the United State District Court for Northern Illinois.
16. Severability
If any provision of these Terms of Use is invalidated or held unenforceable, the invalidity or unenforceability of that provision shall not affect the validity or enforceability of any other provision of these Terms of Use. In addition, the parties agree that as to any provision found to be invalid or unenforceable as written in these Terms of Use, the same shall not be void, but rather shall be reformed and enforced to the maximum extent permissible under applicable law, as if originally executed in that form by the parties.
17. Drafting and construction
No inference or presumption shall arise against or in favor of either party because it did or did not draft these Terms of Use or any provision hereof.
18. Headings
The headings and numbers appearing in these Terms of Use have been inserted as a matter of convenience. If there is any conflict between the headings and numbers and the text of these Terms of Use, the text will control.
19. Waiver
The waiver by Hidden Ridge of a breach of any provision of these Terms of Use or the failure of Hidden Ridge to enforce any provision of these Terms of Use shall not operate or be construed as a waiver of any subsequent breach of these Terms of Use or of Hidden Ridge’s right to subsequently enforce any provision of these Terms of Use.
20. Changes to these terms of use
We may amend these Terms of Use at any time without prior notice by posting the amended Terms of Use on the Web Site. Use of the Web Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as amended. For this reason, you should review these Terms of Use whenever you use the Web Site. These Terms of Use were last revised on October 1, 2008.
21. Termination
We may terminate these Terms of Use or your access to the Web Site, or any information provided directly or indirectly through the Web Site at any time, without notice in Our sole and absolute discretion. Hidden Ridge may at its sole discretion and at any time discontinue providing the Web Site, or any part thereof with or without notice. Further, you agree that Hidden Ridge shall not be liable to you or any third party for any termination of your access to the Web Site, or any information provided directly or indirectly through the Web Site.
22. Survival
Paragraphs 1 through 22 shall survive the termination of your right to access this Web Site, or any information provided directly or indirectly through this Web Site.
23. How to contact Us
If you have any questions or concerns about the Hidden Ridge Web Site you may contact us at:
Hidden Ridge Condominiums Homeowners Association
1000 Hidden Ridge Ct
South Park, Pa 15129
Or send an e-mail to:
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