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PARKLOFT CONDOMINIUM OWNERS ASSOCIATION
WEBSITE TERMS OF USE
Access to the Parkloft Condominium Owners Association Website, herein referred to as "Website", is subject to
these Terms of Use.
By using the Website, you agree to these Terms of Use, which may be updated from time to time without
notice. Your use of this Website after the posting by us of any changes to these Terms of Use will constitute your
acceptance of those changes.
Your Use of This Website.
You understand and agree that the Content of this Website may be displayed and printed by you solely for your
personal, internal and non-commercial use. You may not use, alter or exploit the Content other than as specifically
provided for in these Terms of Use.
You may not reproduce, duplicate, copy, sell or otherwise transfer or commercially exploit this Website (or any
portion of it), unless you have the express written permission to do so.
The Association may, in its sole discretion and at any time, discontinue this Website, or any part thereof, with or
without notice. You agree that you do not have any rights in this Website and that the Association will has no
liability to you if this Website is discontinued or your ability to access this Website is terminated.
Communications with the Association.
When you communicate with the Website you are communicating with the Association electronically. Your use of
this Website constitutes your consent to the receipt of electronic communications from the Association. The
Association will communicate with you by email or by posting notices on this Website. You agree that all notices,
disclosures and other communications the Association provides to you electronically satisfies any legal
requirement that such communications be in writing. You understand that the Association is not liable for any error
in transmissions, including any failed attempt on your part to communicate with the Association.
This Website has no Purchase Features.
This Website does not offer electronic commerce capabilities.
Intellectual Property.
This Website contains information, such as a newsletter, supplied by the Association. The Website design and
features and the Website content, including but not limited to software, photographs, audio, video, images,
graphics, text, data, documents, and other material supplied by the Web designer/Webmaster are protected under
copyright, trademark, patent and other intellectual property laws.
PARKLOFT 877 ISLAND AVENUE SAN DIEGO, CA 92101 PHONE: 619.234.0266 FAX: 619.230.0380
TERMS OF USE
PARKLOFT CONDOMINIUM OWNERS
ASSOCIATION WEBSITE TERMS OF USE
SITE TERMS OF USE
PHOTOGRAPHY BY NICOLE FURINO
Trademarks.
The Association is the owner of the name “Parkloft Condominium Owners Association,” with and without the
appended word or phrase “Website” and/or “.com,” and any variation of the words Parkloft Condominium Owners
Association Web Site, including certain words, names, phrases, slogans, logos, or trademarks used on this
Website. You agree not to display the official title of “Parkloft Condominium Owners Association,” with or without
the appended word or phrase “Website” and/or “.com” or use names. words, phrases, slogans, logos, or
trademarks in any manner, without the written permission of the Association. Trademarks and trade names of third
parties are the property of those third parties and are used by the Association subject to license or other
agreement and/or subject to the fair use provisions of U.S. trademark law. Users on this Website are expressly
forbidden to misuse of those marks.
Copyright.
The content the Association provides on this Website, including, but not limited to, software, photographs, audio,
video, images, graphics, text, data, documents and logos, is owned by the Association or the party that provided
the Content to the Association and is protected by U.S. and international copyright laws. Unauthorized copying of
any of this Content could lead to copyright infringement. The Association expects all users of the Website to
respect its intellectual property rights, as well the intellectual property rights of others.
Community Rules and Regulations.
By accessing, participating or otherwise using the Website, you agree to abide by these Terms of Use, including
the following Community Rules and Regulations:
a. You will not post any content on the Website that directly or indirectly or otherwise tends to Defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b. You will not publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, slanderous,
racist, infringing, obscene, indecent or unlawful topic, name, material or information.
c. You will not upload files that contain software or other material protected by intellectual property laws (or by
rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
d. You will not upload files that contain viruses, corrupted files, or any other similar software or programs that may
damage the operation of another's computer.
e. You will not advertise or offer to sell or buy any goods or services for any business purpose, unless such the
Website provides for a feature specifically for that purpose.
f. You will not conduct or forward surveys, contests, pyramid schemes or chain letters.
g. You will not download any file posted by a third party that you know, or reasonably should know, cannot be leg
Trademarks.
The Association is the owner of the name “Parkloft Condominium Owners Association,” with and without the
appended word or phrase “Website” and/or “.com,” and any variation of the words Parkloft Condominium Owners
Association Web Site, including certain words, names, phrases, slogans, logos, or trademarks used on this
Website. You agree not to display the official title of “Parkloft Condominium Owners Association,” with or without
the appended word or phrase “Website” and/or “.com” or use names, words, phrases, slogans, logos, or
trademarks in any manner, without the written permission of the Association. Trademarks and trade names of third
parties are the property of those third parties and are used by the Association subject to license or other
agreement and/or subject to the fair use provisions of U.S. trademark law. Users on this Website are expressly
forbidden to misuse of those marks.
Copyright.
The content the Association provides on this Website, including, but not limited to, software, photographs, audio,
video, images, graphics, text, data, documents and logos, is owned by the Association or the party that provided
the Content to the Association and is protected by U.S. and international copyright laws. Unauthorized copying of
any of this Content could lead to copyright infringement. The Association expects all users of the Website to
respect its intellectual property rights, as well the intellectual property rights of others.
Community Rules and Regulations.
By accessing, participating or otherwise using the Website, you agree to abide by these Terms of Use, including
the following Community Rules and Regulations:
a. You will not post any content on the Website that directly or indirectly or otherwise tends to Defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b. You will not publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, slanderous,
racist, infringing, obscene, indecent or unlawful topic, name, material or information.
c. You will not upload files that contain software or other material protected by intellectual property laws (or by
rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
d. You will not upload files that contain viruses, corrupted files, or any other similar software or programs that may
damage the operation of another's computer.
e. You will not advertise or offer to sell or buy any goods or services for any business purpose, unless such the
Website provides for a feature specifically for that purpose.
f. You will not conduct or forward surveys, contests, pyramid schemes or chain letters.
g. You will not download any file posted by a third party that you know, or reasonably should know, cannot be
legally distributed in such manner.
TERMS OF USE
h. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a file that is uploaded.
i. You will not impersonate any person or entity or falsely represent your affiliation with any person or entity.
j. You will not restrict or inhibit any other user from using and enjoying the Website.
k. You will not violate any code of conduct or other guidelines which may be applicable for any particular to the
Website.
l. You will not harvest or otherwise collect information about others, including e-mail addresses, without their
consent.
m. You will not use distribution lists in electronic mail or other mass electronic mailings, without the approval of
the Association. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the
sole discretion of the Association.
n. You will not violate any applicable laws or regulations.
Removal of Postings.
You understand and agree that the Association has the right, but not the obligation, to remove postings that
contain objectionable material or otherwise violate the Community Rules and Regulations.
Communications to the Association, including the Board of Directors and Community Manager.
Message boards and other features provided by the Association may not be used for unauthorized electronic
commerce. Use of any Website feature for the sale of products or services is prohibited. If, in the sole discretion
of the Association, you are found to be using the Website for any inappropriate commercial purpose, the
Association reserves the right to take action to end such activity, Unless the Association lets you know
otherwise, you may not reproduce, duplicate, copy, sell or otherwise transfer or commercially exploit all or any
part of the Website.
Links
Through the Website, you may be able to access links to other websites. Because the Association has no
control over such sites, you acknowledge and agree that the Association is not responsible for, and has no
liability with respect to, the availability (or unavailability) of such sites, the treatment of your personally-
identifiable information by such sites, or the information, products, content or other materials on or available
from such sites. If you would like information on any other site's privacy policy or terms of use, you should
contact that party directly, and the Association encourages you to do so.
TERMS OF USE
Claims Against the Association.
You agree to defend, indemnify and hold the Association, and its Board of Directors and management, harmless
and to pay all liabilities, costs and expenses that the Association incurs resulting from your use of this Website,
including use by anyone who uses your password, whether authorized or not, use of this Website by any member
or guest of your household or business, or your violation of any law or the rights of any third party.
Disclaimers
You acknowledge and agree that:
a. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND THE ASSOCIATIONN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Because this
Website is provided to you "AS IS," you agree the Association shall not be liable to you or to any third party for any delay
in delivery of, or failure to deliver correctly, any of your communications or other information you submit using this
Website. Because this Website is provided to you "AS AVAILABLE," you agree the Association shall not be liable to you
or to any third party for any modification, suspension or discontinuance of this Website or of your ability to access or use
the Website.
b. The Association also disclaims any warranty that (i) this Website will meet your requirements, legal or otherwise, (ii)
this Website's operation will be uninterrupted, timely, secure or error-free, and (iii) any information or communication that
may be obtained from the use of this Website will be accurate or reliable and the Association disclaims any liability for
damages that may arise from your reliance on any such information or communication.
c. You assume the full responsibility and risk for any damage to your computer, including but not limited to, loss of data
or other consequences that result from your access of the Website and from downloading any information, software or
other materials through this Website or any other website that you may link to through this Website.
Limitation of Liability.
YOU AGREE THE ASSOCIATIONN SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE OR DATA (EVEN IF THE
ASSOCIATIONN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (a) YOUR
USE OF OR INABILITY TO USE THIS WEBSITE; (b) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-
IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (c) REPRESENTATIONS
OR CONDUCT OF ANY THIRD PARTY RELATED TO OR POSTED ON THIS WEBSITE.
TERMS OF USE
Entire Agreement.
You agree that these Terms of Use describe the entire agreement between you and the Association with respect
to the Website.
California Law.
The Website was created and is operated under the laws of the State of California. The laws of the State of
California will control the terms and conditions provided in these Terms of Use, without giving effect to any
principles of conflict of laws.
Severability,
If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, you
agree that the other provisions of these Terms of Use will remain in full force and effect.
Contractual Statute of Limitations.
YOU AGREE THAT REGARDLESS OF ANY APPLICABLE LAW TO THE CONTRARY, YOU CANNOT FILE
A CLAIM OR CAUSE OF ACTION AGAINST THE ASSOCIATION OR ITS BOARD OF DIRECTORS OR
MANAGEMENT ARISING OUT OF OR RELATED TO THIS WEBSITE OR THESE TERMS OF USE MORE THAN
ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
TERMS OF USE