Terms of Use

Last update: Monday, February 16, 2011 12:46pm PST


TERMS AND CONDITIONS OF USE


INTRODUCTION

Welcome to www.hpoa.biz. This website is owned by Heritage Park Owners Association.PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms of Use") CAREFULLY BEFORE USING THIS WEBSITE.

Use of this websit signifies agreement to the Terms of Use and Privacy Policy, as provided herein. [Click here to review the Privacy Policy.] If you do not agree to the Terms of Use, do not use this website. Heritage Park Owners Association reserves the right, at our discretion, to change, add, remove or otherwise modify portions of these Terms of Use at any time.

OWNERSHIP

All content included on this site, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software, is the property of Heritage Park Owners Association or Heritage Park Owners Association's content suppliers or licensors and is protected by the laws of the United States and other countries and international treaties. The compilation of all content of this site is the property of the Heritage Park Owners Association and is protected by the laws of the United States and other countries and international treaties. Certain marks indicated on this website may be registered trademarks of Heritage Park Owners Association with the United States Patent and Trademarks Office. All other trademarks, not owned by Heritage Park Owners Association, that appear on this website are the property of their respective owners, which may or may not be affiliated with or connected to Heritage Park Owners Association

LICENSE AND WEBSITE USE

Heritage Park Owners Association grants user a limited license to access and make personal, non-commercial use of this website. In accordance with these Terms of Use, user is not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages, as necessary to access the website (for personal, non-commercial use provided that all copyright and proprietary notices are maintained), frame, link to any page within or modify all or part of the website without Heritage Park Owners Association's express written consent. User may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software that you are permitted to download from the website hereunder, except as may be permitted by law. Except only as expressly provided herein, this website (or any derivative work version of it), its contents and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without Heritage Park Owners Association's prior express written consent. All rights not expressly granted to user above, including ownership and title, are reserved for the owner and not transferred or licensed to user.

USER ACCOUNT

User is responsible for maintaining the confidentiality of his or her membership and account information, credit card information, usernames, passwords and Ids that may from time to time be required for use of this website ("Account Information"). User is responsible for restricting access to his or her computer or other devices, and agrees that he or shie is responsible for all activity that occurs under or with the use of his or her Account Information (including, without limitation, username and password). Heritage Park Owners Association reserves the right to, in its sole discretion, refuse access to the website or services provided through it, terminate accounts and usage rights, edit or remove content or Submissions (as defined below) and cancel orders or requests for materials made through the website.PHOTOGRAPHS

User may be depicted in certain photos or video clips used as part of the website content. Should user object to any such use of photos or video clips, user may notify the Association in writing and submit such notification to the Clubhouse Front Desk and such content will be removed.

PRIVACY
 
This website complies with Heritage Park Owners Association’s Data Privacy Policy and Governing Documents. User is responsible for fulfilling his or her obligations under the Governing Documents, as well as abiding with all City, State, and Federal laws in using this website.

SUBMISSIONS

Any information or materials user transmits, uploads or otherwise submits to any Heritage Park Owners Association website (including, without limitation, comments, reviews, postings to chat, email messages or materials directed to any Forum, as the term is defined below) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to Heritage Park Owners Association via our website or other means of transmission or delivery, shall be collectively referred to as "Submissions." If user transmits or otherwise delivers Submissions to Heritage Park Owners Association, user grants Heritage Park Owners Association a nonexclusive, royalty-free, irrevocable license, which includes the right to sublicense and assign, to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such Submissions or incorporate such Submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. User hereby agrees and represents to Heritage Park Owners Association that user owns or has been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to Heritage Park Owners Association, that no such Submissions are, or shall be, subject to any obligation of confidence on the part of Heritage Park Owners Association and that Heritage Park Owners Association shall be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Heritage Park Owners Association shall be entitled to the unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, message board, email function or other function which allows the user to transmit or submit material to a Heritage Park Owners Association website for display, storage or distribution, offered as part of any Heritage Park Owners Association website or by an affiliated company/organization and/or service provider of the Heritage Park Owners Association. Where the Forum is provided on a website other than a Heritage Park Owners Association website, user will be bound by the terms of service and privacy policy of the website he or she has linked to. User agrees that by participating in any Forum on a Heritage Park Owners Association website, user will not, through the use of any Submission or otherwise:

(i) Defame, abuse, harass or threaten others;

(ii) Make any bigoted, hateful, or racially offensive statements;

(iii) Advocate illegal activity or discuss illegal activities with the intent to commit them;

(iv) Post or distribute any material that infringes and/or violates any right of a third party or any law;

(v) Post or distribute any vulgar, obscene, discourteous or indecent language or images;

(vi) Advertise, sell, or solicit others to purchase merchandise or other commercial items;

(vii) Use the Forum for commercial purposes of any kind;

(viii) Post or distribute any software or other materials which contain a virus or other harmful component; or

(ix) Post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

In addition, user must note and agree that user will not use a false email address, impersonate any person or entity or otherwise mislead others as to the source of a Submission’s origin.

Heritage Park Owners Association reserves the right to remove or edit content from any Heritage Park Owners Association Forum at any time and for any reason.

Any material transmitted, submitted or otherwise delivered to a Forum shall constitute a Submission and is hereby governed by the terms applicable to Submissions, as described herein.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other user-generated content area. Information obtained in a Forum may not be reliable, and Heritage Park Owners Association is not responsible for and makes no representations as to the content or accuracy of any such information.

CONTENT LINKED TO ANY HERITAGE PARK OWNERS ASSOCIATION SITE

User shall exercise his or her discretion while browsing the Internet using any Heritage Park Owners Association website. User may be directed to other websites that are beyond Heritage Park Owners Association’s control. There are links to other websites from Heritage Park Owners Association pages that take user outside of the Heritage Park Owners Association’s website. This includes links from regional sections, sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Heritage Park Owners Association reserves the right to disable links from third party sites to any Heritage Park Owners Association website. Heritage Park Owners Association makes no representations concerning the content of websites linked to any Heritage Park Owners Association website or listed in any of its directories. Consequently, Heritage Park Owners Association is not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained on websites listed in Heritage Park Owners Association’s search results or otherwise linked to a Heritage Park Owners Association website.

DISCLAIMER

THE MATERIALS IN THIS HERITAGE PARK OWNERS ASSOCIATION WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HERITAGE PARK OWNERS ASSOCIATION AND ITS CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, AND INTENDED THIRD PARTY BENEFICIARIES (COLLECTIVELY "HERITAGE PARK OWNERS ASSOCIATION PARTIES"), DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HERITAGE PARK OWNERS ASSOCIATION PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY HERITAGE PARK OWNERS ASSOCIATION WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY HERITAGE PARK OWNERS ASSOCIATION WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HERITAGE PARK OWNERS ASSOCIATION PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY HERITAGE PARK OWNERS ASSOCIATION WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO EVERY USER.

Heritage Park Owners Association Parties explicitly disclaims any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from any Heritage Park Owners Association website. Heritage Park Owners Association Parties does not ensure that user will be satisfied with any products or services purchased from a third party website that links to or from any Heritage Park Owners Association website or third party content on any Heritage Park Owners Association website. Heritage Park Owners Association Parties do not endorse any of the merchandise (if any) except as expressly provided, nor has Heritage Park Owners Association Parties taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites or content. Heritage Park Owners Association Parties do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) that user might be requested to give any third party. User hereby irrevocably waives any claim against Heritage Park Owners Association Parties with respect to such third party websites and its content. Heritage Park Owners Association Parties strongly encourages user to make whatever investigation he or she feels necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

CREDIT CARDS

Heritage Park Owners Association does not share your credit card information with anyone. For more information, please read our Privacy Policy.

To protect the security of credit card information, Heritage Park Owners Association employs the industry-standard Secure Sockets Layer (SSL) technology. Heritage Park Owners Association also encrypts credit card numbers when Heritage Park Owners Association stores an order.

INDEMNIFICATION

User is entirely responsible for maintaining the confidentiality and security of his or her Account Information and for all activities that occur with regard to his or her account. User agrees to indemnify, defend and hold Heritage Park Owners Association, the Heritage Park Owners Association’s subsidiaries and other affiliated companies/organizations, contractors, agents, partners, and sponsors and their respective officers, directors, volunteers, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney’s fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of user’s representations or misuse of this or any other Heritage Park Owners Association website or of any website linking to this or any other Heritage Park Owners Association website. User shall use his or her best efforts to cooperate with Heritage Park Owners Association in the defense of any claim.LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HERITAGE PARK OWNERS ASSOCIATION PARTIES (AS DEFINED IN THE DISCLAIMER SECTION ABOVE) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY HERITAGE PARK OWNERS ASSOCIATION WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH WEBSITE, EVEN IF HERITAGE PARK OWNERS ASSOCIATION PARTIES HAVES BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO EVERY USER. IN NO EVENT SHALL THE TOTAL LIABILITY TO USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR MEMBERSHIP IN THE HERITAGE PARK OWNERS ASSOCIATION.JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in any Heritage Park Owners Association site are presented solely for the purpose of promoting add description of your product here and other products and services available in the United States and its territories, possessions and protectorates. Heritage Park Owners Association makes no representation that materials on any Heritage Park Owners Association site are appropriate or available for use in any particular location. Those who choose to access a Heritage Park Owners Association site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

TERMINATION

User access to any and all Heritage Park Owners Association websites may be terminated immediately without notice from Heritage Park Owners Association if, in its sole discretion, user fails to comply with any term of these Terms of Use. Upon such termination, user must cease use of the Heritage Park Owners Association website and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. User may terminate his or her acceptance of the Terms of Use at any time by discontinuing use of all Heritage Park Owners Association websites. Upon such termination, user must destroy all materials obtained from any and all such websites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT

INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Heritage Park Owners Association

Attention: Legal Dept.

2481 Heritage Park Lane

Sacramento, CA 95835

To be effective, the notification must be a written communication that includes the following: 


  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  2. Identification of the copyrighted work claimed to have been infringed or multiple copyrighted works at a single online website are covered by a single notification, and a representative list of such works at that website;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted; 
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  

GENERAL PROVISIONS

By visiting this website user agrees that the Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in Sacramento County, California and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. The Heritage Park Owners Association’s contractor that developed and maintains this website shall be deemed an intended third party beneficiary of all rights, but not obligations, provided to Heritage Park Owners Association under these Terms; obligations, that by their context are not unique to Heritage Park Owners Association.