Terms
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE (the "Site") CAREFULLY. By using this Site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this Site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not access or otherwise use this Site or any information contained on this Site. BY ENTERING THIS THE SECURED AREAS OF THIS SITE USING A RESIDENTS USER ID AND PASSWORD , YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE AND CONDITIONS OF USE CONTAINED HEREIN AND/OR MODIFIED FROM TIME TO TIME. Scope of Terms and Conditions These terms and conditions apply to your use of all of the sites and services ("Services") owned or operated by Shadow Run Homeowners Association, its affiliates and licensors, and any other site that we may own or operate in the future (collectively, "Provider"). Unless we indicate otherwise, all references to Provider in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which Provider only links. Description of Services Provider supplies communities and their members with access to a wide array of online resources, various communications tools, online forums, personalized content and branded programming. The Services may be accessed and used solely by the community and its members. Provider may terminate, modify, or temporarily discontinue the Service or any of the features or tools utilized in the Service at any time according to these terms. You agree that Provider will not be liable for any termination, modification, or temporary discontinuance of the Services. In order to use the Services, users must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. In addition, users must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Registration Obligations You agree to: (a)agree that you are a resident or owner of a parcel in Shadow Run Subdivision in Riverview, FL (b) that any posting or statements made in the editable part of this site or e-mails sent from links to this site will comply wth the following:1) be respectful to others,2) be of a content fitting for all ages3)not contain libelous or slanderous statements,4) will be used soley for it's intended purpose whether published or implied,5) the user is using his or own user id and password. If Provider has reasonable grounds to suspect that such any of the above criteria is not met , Provider has the right to suspend or terminate your account and refuse any and all current or future use of the Service. You are entirely responsible for maintaining the confidentiality of any passwords and the information stored on the Site ("Site Information") and any usage and activities that occur in connection with use of the Site Information. Restrictions on Use of Materials All materials published by Provider and its third party providers, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any linked sites (collectively, the "Content") are the property of or controlled by Provider or the party credited as the provider of the content. The community and its members will respect all proprietary rights of Provider and its third party providers in and to the Content, Site name, Services, and any other products or services contained in the Site. You may not modify, copy, publish, display, transmit, adapt, or in any way exploit the Content of Provider. You may not publish, display, or commercially exploit any material from Provider or other entities with an interest in the relevant intellectual property unless you request and receive prior written permission from us or other entities with an interest in the intellectual property. To request our permission, you may write to Shadow Run Homeowners Association, PO Box 918 Riverview, Fl 33568-918 If permission is granted by us or any other entities with an interest in the relevant intellectual property, you may not change or delete any author credit, trademark, legend or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained on the Site. Links These terms and conditions apply only to Provider, and not to the sites of any other companies or organizations, including those to which Provider may link. We are not responsible for the availability of any other site to which Provider links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other site. You should direct any concerns to the site administrator or webmaster. Member Conduct You agree not to use the Service to:
Interactive Forums An "interactive forum" means any message board, chat room, or similar interactive service appearing on the Site. You must register and comply with instructions that you will find on the Site in order to contribute to any interactive forum. You may not post on any interactive forum any material that is libelous, defamatory, obscene, abusive, invades a person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material known to be false. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any interactive forum on the Site, except for material signed by an identified representative of Provider acting within the scope of their responsibilities. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Site, you give (or warrant that the owner of such rights has expressly granted) Provider the perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in articles, commentaries, or in any other medium now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You are not entitled to any compensation for such use. No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Termination We may terminate, at our discretion, the registration of any user who violates any of the terms and conditions of use. Copyright Complaints We respect the intellectual property rights of others and require that the people who use the Site do the same. In appropriate circumstances, we will terminate the registration of any user who is responsible for repeat acts of copyright infringement. The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is Shadow Run Homeowners Association, PO Box 918 Riverview, Fl 33568-918 or e-mail at website@myshadowrun.com . Passwords In order to use the Site, you must use the password issued to you by Provider. You may not transfer the password to any third party, and you may not permit anyone other than you to access or use the Site by using your password. You are solely responsible for maintaining the privacy and confidentiality of your password and registration information. You agree to notify Provider if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your password, whether or not you are the individual who undertakes such activities. Disclaimers PROVIDER, FOR ITSELF AND EACH OF ITS AFFILIATES OR LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF (1) ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND THE BULLETIN BOARD INFORMATION, (2) ANY THIRD PARTY SITE OR INFORMATION ACCESSED THROUGH THE PROVIDER SITE, OR (3) ANY THIRD PARTY INFORMATION, PRODUCTS OR SERVICES APPEARING ON THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. NEITHER PROVIDER NOR ANY OF ITS LICENSORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, INABILITY TO GAIN ACCESS TO OR USE THE SITE, LOSS OF DATA, INCOME OR PROFITS), REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PROVIDER NOR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PROVIDER OR THE SERVER THAT MAKES THE PROVIDER SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER PROVIDER NOR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PROVIDER OR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF THE SITE. We do not endorse, warrant, or guarantee any products or Services offered by third party providers. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL PROVIDER OR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY PROVIDER OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO PROVIDER, IF ANY, FOR ACCESSING THE SITE. Indemnity You agree to defend, indemnify and hold harmless Provider, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fess, that arise with your use of the Site, your posting, downloading or transmission of all communications or material on this Site or from your violation of applicable law. No Personal Advice The information contained in or made available through Provider (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. Neither Provider nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through Provider. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. Parental Permission Provider may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content and Provider may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. Proprietary Rights The Services, this Site, all Content, and all trademarks, including but not limited to all material distributed or presented to the organization or its members through the Services by Provider or its third party providers or on the linked sites, and all rights and intellectual property rights, are the sole property of Provider or its third party providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to Provider through this Site, in writing, by e-mail or otherwise will be the property of Provider and Provider will have all rights without any obligation to compensate the community or its members. All Site information will remain the sole property of the community, its members, or any party with rights therein. Any rights not expressly granted herein are reserved. Trademarks . Any trademarks uson this site are for the use of this siteonly and may not be copied used or transferred witout the express written consent of the Provider. Privacy Policy We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy . Governing Law These terms will be governed by and construed in accordance with the State of Florida, United States of America, where the Provider offices are located. Accordingly, the laws of the State of Florida, USA, will be used exclusively to construe, govern, and enforce these terms, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the Florida State Courts or in Federal Courts in the northern district of Arizona and you consent to the jurisdiction of said courts. Injunctive Relief In the event you breach or threaten breach of this Agreement, you acknowledge and agree that Provider will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Provider may apply to any court of competent jurisdiction in the United States or any other jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether Provider will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Provider's rights to relief in either law or equity. Monitoring Provider has no obligation to monitor the Site. However, you acknowledge and agree that Provider has the right to monitor the Site electronically from time to time and to disclose any information, including your personal information, as necessary or appropriate to satisfy any law, regulation or other governmental request, or to protect itself or the Site users. Provider will not intentionally monitor or disclose any private electronic-mail message unless required by law. You acknowledge that Provider will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Provider will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. Miscellaneous If any of these terms and conditions is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and Provider relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to board@myshadowrun.com
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