Terms of use
Acceptance of Terms
Peccole Ranch Community Association ("PRCA") provides a collection of online resources, including but not limited to providing forms for renting the PRCA clubhouse, DRC submittals, PRCA concern forms, providing an online newsletter and various other services which may also include community forum and advertisements (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by PRCA from time to time. PRCA will provide notice of changes to the Terms by posting notice on the PRCA website.
By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular PRCA services, you agree to abide by any applicable posted guidelines for all PRCA services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with PRCA in any way, your only recourse is to immediately discontinue use of PRCA website.
Content
You understand that all postings, Messages, text, files, images, photos, video, sounds, or other materials on the PRCA website ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You understand that PRCA does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the PRCA website and Content available through the Service may contain links to other websites, which are completely independent of PRCA. PRCA makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PRCA be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that PRCA does not pre-screen or approve Content, but that PRCA shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
Privacy and Information Disclosure
You acknowledge and agree that PRCA may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of PRCA or its users.
Conduct
You are entirely responsible for all Content that you post, email or otherwise make available via the Service. You agree not to post, email, or otherwise make available Content: that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; that is pornographic; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity that includes personal or identifying information about another person without that person's explicit consent; that is false, deceptive, misleading, deceitful, or misinformative; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; that constitutes or contains "spam," "chain letters," or "pyramid schemes"; that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to: contact anyone who has asked not to be contacted; "stalk" or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by PRCA in writing; post non-local or otherwise irrelevant Content.
Limitations on service
You acknowledge that PRCA may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that PRCA has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that PRCA reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that PRCA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Access to the Service
PRCA grants you a limited, revocable, nonexclusive license to access the Service for your own personal use of the Service. You may retrieve and display Content on a computer screen, print individual pages on paper and store such pages in electronic form on your computer for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from PRCA:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Content, or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content, or
- remove the copyright or trade mark notice from any copies of the Content made under these Terms.
Requests for permission for other uses may be sent to PRCA, Attention: Board of Directors.
Use of the Service beyond the scope of authorized access granted to you by PRCA immediately terminates said permission and license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license in writing from PRCA.
Intellectual Property Protection
The contents and designs of this website and any material electronically provided to you or otherwise supplied to you in conjunction with this website are owned or licensed by PRCA and/or other contributors to the website. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “Peccole Ranch Community Association” name and logo or other trade names appearing on the website) for any reason without written permission from PRCA or the identified owner or licensor. The software which operates this website is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer or modify the software.
Termination of Service
You agree that PRCA, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if PRCA believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that PRCA shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Dealings with organizations and individuals
Your interactions with organizations and/or individuals that may be found on or thru this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that PRCA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of this website and between users and any third party, you understand and agree that PRCA is under no obligation to become involved. In the event that you have a dispute with one or more other users or if you have a dispute with any third party, you hereby release PRCA, its officers, employees, agents and successors from any and all actual or threatened claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our website.
License
Although PRCA does not claim ownership of Content that its users post, by posting Content to the website, you automatically grant, and you represent and warrant that you have the right to grant, to PRCA an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content.
Registration, Passwords and Responsibilities
Most of this website is only open to you if you register and are a member of the PRCA. You are solely responsible for the confidentiality and use of and access to the Content and the website using your user name and sign-on password. You agree to immediately notify PRCA if you become aware of any loss or theft of any sign-on password or any unauthorized use of a sign-on password, user name, or of the Content or the website. You will provide PRCA with accurate, complete registration information (including in particular your e-mail address) and inform PRCA of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, PRCA reserves the right to monitor and record activity on the website, including access to the Content. Each registration is for a single user only. You may not share your user name and password with any other person other than your spouse or life partner (if any and only if they reside with you).
Privacy Policy Statement
The information that you provide about yourself to PRCA will only be used in accordance with PRCA’S Privacy Policy Statement.
Community Forums
The website may include bulletin boards, discussion groups and other areas that allow interaction between members of the PRCA ("Forums"). While PRCA does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums in the event the Messages violate the rules set out below.
You are solely responsible for your Content. You must comply with any rules posted by PRCA on a Forum or feedback venue or on this website, including the “Conduct” section above. You also may not do the following:
- post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security;
- impersonate any person or entity (including PRCA staff or other members of the PRCA community) or misrepresent any affiliation with any person or entity;
- collect or store other users' personal data;
- restrict or inhibit any other user from using the Forums.
Forums and feedback contain Messages submitted by users over whom PRCA has no control. PRCA cannot guarantee the accuracy, integrity or quality of any messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and feedback, and should not rely on messages in making (or refraining from making) any specific decision.
It is not possible for PRCA to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify PRCA immediately.
Disclaimer of Warranties
YOU AGREE THAT USE OF THE PRCA WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE PRCA WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PRCA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PRCA WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PRCA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRCA WEBSITE OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PRCA WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PRCA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PRCA WEBSITE OR THE SERVICE.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL PRCA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PRCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PRCA WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PRCA WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE PRCA WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PRCA WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PRCA WEBSITE OR THE SERVICE OR ANY LINKS ON THE PRCA WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PRCA WEBSITE OR THE SERVICE OR ANY LINKS ON THE PRCA WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnity
You agree to indemnify and hold PRCA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
General information
The Terms constitute the entire agreement between you and PRCA and govern your use of the Service, superseding any prior agreements between you and PRCA. The Terms and the relationship between you and PRCA shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and PRCA agree to submit to the personal and exclusive jurisdiction of the courts located within Clark County, Nevada. The failure of PRCA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by PRCA.
Contact Us
If you have any questions about these Terms, PRCA, the practices of the website, please contact us at: