Disclaimer

Terms of Service / Disclaimer
(Adopted April 8, 2015)
www.hidden-banyan.com

1. ACCEPTANCE OF TERMS
Welcome to the Hidden Banyan resident website (“www.hidden-banyan.com”). The following are the current Terms of Service ("TOS"), which may be updated from time to time. The Hidden Banyan Condominium Association(HBCA) may in its sole discretion and at any time, discontinue providing the www.hidden-banyan.com website, or any part thereof. The HBCA Website Committee has the sole right and authority to interpret the TOS and enforce its provisions with concurrence of the HBCA Board.

2. MEMBER/VISITOR CONDUCT
The following are examples of unacceptable posts for your guidance: The HBCA Website Committee reserves the right not to Post anything that:
a. Threaten, make fun of, goad, demean, violate the bounds of common courtesy or appropriateness or attack others.
b. Contain foul language or links to offensive sites.
c. Transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
d. Harm minors in any way.
e. Transmit any content that you do not have a right to transmit under any law, rule, or regulation or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
f. Transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
g. Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
h. Intentionally or unintentionally violate any applicable local, state, or national law.
i. No material found on this site may be printed, published, or otherwise used without the written permission of Hidden Banyan Condominium Association. Graphics, pictures, or banners are not allowed in any posts or signatures and may be deleted without notice. Graphics or pictures are allowed in posts of material approved by the Hidden Banyan Condominium Association.
j. Include commercial advertising messages or solicitations in message boards or during live chats, should they become available. Non commercial advertising is permitted. Non-commercial advertising is defined as the sale by a resident of "a single" item, i.e., an item of furniture, a bike, an exercise machine, or the sale or lease of a residence. More than one such item may be listed for sale in a single posting. Any URL containing a referral code or referral address will be edited or deleted at the discretion of the Administrators, as these are considered advertising. Listing of any URL in a signature is limited to only "home pages" that include no advertising or referral. Links to businesses or pages with advertising are prohibited in signatures. No "blind or hidden" referral links are allowed.
Posts which fail to conform to these rules shall be removed.

The following are examples of unacceptable conduct for your guidance:
a. "Stalking" or otherwise harassing another.
b. Collecting, storing or using personal data about other users or neighbors.
c. Harvesting e-mail and/or other information about our subscribers, affiliates or visitors. d. Electioneering is not permitted.
e. Disclosing, disseminating or using resident information contained on the website such as email addresses, telephone numbers, or any other item of personal identification in any manner whatsoever, including, but not limited to purposes of solicitation of products or services by mail, telephone, or otherwise, without the express, advance written permission of the individual resident.
f. Restricting or inhibiting the use of this site by any other subscriber or visitor.
g. Distributing of “jokes”.
h. Soliciting of membership or participation in or contributions to any activity, group or organization not specifically sanctioned by HBC Association.

The Website Committee may edit or delete any material in any post that it determines is disruptive, argumentative, or not suitable for the website.
If we should fail to enforce any right or provision in these terms and conditions, you agree that this failure does not constitute a waiver of such right or provision. Listing of the description of unacceptable posts or unacceptable conduct are meant to be examples and not exclusive or complete.
If you are aware of any violations of the TOS, please report them to HBCA at info@hidden-banyan.com

3. INDEMNITY and DISCLAIMER
You, the user/visitor, agree to indemnify and hold the Hidden Banyan Condominium Association(HBCA), and its subsidiaries, committee volunteers, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the www. hidden-banyan.com website, your use of the website, your violation of the TOS, or your violation of any rights of another.
The acceptance of a resident message for publication on the message board by the HBCA Website Committee is not intended to be and is not an endorsement or agreement by the HBCA with the content of the message and is in no way to be construed as such. Each resident relying on a message should do his or her due diligence and independently verify the message content. The HBCA is under no obligation to respond, reply, or comment on any message that appears on the message board and its failure to do so is not an endorsement or agreement with the content of the message. The HBCA disclaims any responsibility for the accuracy or correctness of messages.

4. TERMINATION
The user agrees that,
a. The Hidden Banyan Condominium Association(HBCA) or the Website Committee may file a grievance requesting permission to suspend or terminate a password, account (or any part thereof, including the privilege to post messages) or any other use of the web site, and remove and discard any contents within the web site, for any violation of the TOS.
b. The first violation of the TOS causing termination or suspension will result in a recommended penalty of not less then a thirty day restriction. This restriction will include the following:
1. Website privileges restricted to “read only”
2. Previous postings may be removed.
c. Subsequent occasions will result in a recommendation that the above
restrictions be imposed for progressively longer periods.

5. DEALINGS WITH ADVERTISERS
Correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such advertiser. You agree that the Hidden Banyan Condominium Association or members of the www. hidden-banyan.com Website Committee shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.

6. LINKS
The www. hidden-banyan.com website may provide links to other World Wide Websites or resources. Because the Hidden Banyan Condominium Association or members of the www. hidden-banyan.com Website Committee have no control over such sites and resources, you acknowledge and agree the Hidden Banyan Condominium Association or members of the www. hidden-banyan.com Website are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Hidden Banyan Condominium Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or
through any such site or resource.

7. DISCLAIMER OF WARRANTIES
In visiting to www. hidden-banyan.com website, you expressly understand and agree that your use of said website is at the your sole risk. The service is provided on an "as is" and "as available" basis. The website, www. hidden-banyan.com 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 and non-infringement.

8. NOTICE
Notices to you may be made via either email or regular mail. The website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the website.
The Hidden Banyan Condominium Association the HBCA Board of Directors or members of the www. hidden-banyan.com Website Committee are not liable for the content of any posts. We only review them for foul language, referral links, and other items covered in these policies. We do not verify or endorse as true any information posted by a member.

9. HEADINGS
All headings and subheading employed within this TOS are inserted only for convenience and reference only. Headings are not to be considered in the interpretation of any provision of this TOS.

11. INVALIDITY OF A PARAGRAPH
If any section, sentence, or paragraph of this TOS is found to be invalid, void or unenforceable, the remainder of the TOS will continue in force.

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