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1. ACCEPTANCE OF TERMS
Welcome to
myNORTHWOOD.com. myNORTHWOOD.com provides its service to you,
subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can review the most
current version of the TOS at any time on this website, at: http://www.mynorthwood.com.
In addition, when using particular myNORTHWOOD.com services, you
and myNORTHWOOD.com shall be subject to any posted guidelines or
rules applicable to such services which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into
the TOS.
2. DESCRIPTION OF
SERVICE
myNORTHWOOD.com
currently provides users with access to a collection of resources,
including, various communications tools, forums. You also understand and
agree that the Service may include advertisements and that these
advertisements are necessary for myNORTHWOOD.com to provide the Service.
You also understand and agree that the service may include certain
communications from myNORTHWOOD.com, such as service announcements,
administrative messages and the myNORTHWOOD.com Newsletter, and that
these communications are considered part of myNORTHWOOD.com.
Unless explicitly stated otherwise, any new features that augment or
enhance the myNORTHWOOD.com Service, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that
myNORTHWOOD.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
You are responsible for
obtaining access to the myNORTHWOOD.com Service and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to
access the Service. You must be at least 18 years of age to access
myNORTHWOOD.com
3. YOUR REGISTRATION
OBLIGATIONS
This applies to areas
of myNORTHWOOD.com where login is required. In consideration of your use
of the Service, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or myNORTHWOOD.com has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, myNORTHWOOD.com has the
right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
myNORTHWOOD.com is concerned about the safety and privacy of all
its users.
4. myNORTHWOOD.com
PRIVACY POLICY
Registration Data and
certain other information about you is subject to our Privacy Policy.
For more information, see our full privacy policy at http://www.myNORTHWOOD.com
5. MEMBER ACCOUNT,
PASSWORD AND SECURITY
For those areas that
require login access, you will receive a password and account
designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify
myNORTHWOOD.com of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. myNORTHWOOD.com
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all
information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
myNORTHWOOD.com , are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the
Service. myNORTHWOOD.com does not control the Content posted via
the myNORTHWOOD.com message boards, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will myNORTHWOOD.com
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
You agree to not use
the Service to:
| a. |
upload, post,
email, transmit or otherwise make available 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; |
| b. |
harm minors in any
way; |
| c. |
impersonate any
person or entity, including, but not limited to, a myNORTHWOOD.com
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity; |
| d. |
forge headers or
otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service; |
| e. |
upload, post,
email, transmit or otherwise make available any Content that you do
not have a right to make available under any law 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. |
upload, post,
email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party; |
| g. |
upload, post,
email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation. |
| h. |
upload, post,
email, transmit or otherwise make available any material 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; |
| i. |
disrupt the normal
flow of dialogue, cause a screen to "scroll" faster than other users
of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges; |
| j. |
interfere with or
disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of
networks connected to the Service; |
| k. |
intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, any regulations
having the force of law; |
| l. |
"stalk" or
otherwise harass another; or |
| m. |
collect or store
personal data about other users. |
You acknowledge that myNORTHWOOD.com does not pre-screen Content,
but that myNORTHWOOD.com and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or move any
Content that is available via the Service. Without limiting the
foregoing, myNORTHWOOD.com and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by
myNORTHWOOD.com or submitted to myNORTHWOOD.com , including
without limitation information in myNORTHWOOD.com Message Boards,
and in all other parts of the Service.
You acknowledge and
agree that myNORTHWOOD.com may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims
that any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of myNORTHWOOD.com , its users
and the public.
You understand that the
technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices.
7. CONTENT SUBMITTED OR
MADE AVAILABLE FOR INCLUSION ON THE SERVICE
myNORTHWOOD.com
does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the
Service, you grant myNORTHWOOD.com the following world-wide,
royalty free and non-exclusive license(s), as applicable:
- With respect to
Content you submit or make available for inclusion on publicly
accessible areas of myNORTHWOOD.com, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purposes of providing and
promoting the specific myNORTHWOOD.com service to which such Content
was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and
will terminate at the time you remove, or myNORTHWOOD.com removes such
Content from the Service.
- With respect to
photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible area of the Service, the license to
use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove, or
myNORTHWOOD.com removes such Content from the Service.
- With respect to
Content other than photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service
other than myNORTHWOOD.com or myNORTHWOOD.com
Groups, the perpetual, irrevocable and fully sub licensable license to
use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format
or medium now known or later developed.
"Publicly accessible"
areas of the Service are those areas of the myNORTHWOOD.com that are
intended by myNORTHWOOD.com to be available to the general public. By
way of example, publicly accessible areas of the Service would include
myNORTHWOOD.com Message Boards. Services that are open to both
members and visitors. However, publicly accessible areas of the Service
would not include portions of myNORTHWOOD.com that are limited to
members, myNORTHWOOD.com services intended for private communication, or
that require a login
8. INDEMNITY
You agree to indemnify
and hold myNORTHWOOD.com, and its subsidiaries, 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, transmit or make
available through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of any
rights of another.
9. 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.
10. GENERAL PRACTICES
REGARDING USE AND STORAGE
You acknowledge that
myNORTHWOOD.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that message board postings or other uploaded Content
will be retained by the Service, the maximum size of the message posts.
You agree that myNORTHWOOD.com has no responsibility or liability
for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the
Service. You acknowledge that myNORTHWOOD.com reserves the right
to log off accounts that are inactive for an extended period of time.
You further acknowledge that myNORTHWOOD.com reserves the right to
change these general practices and limits at any time, in its sole
discretion, with or without notice.
11. MODIFICATIONS TO
SERVICE
myNORTHWOOD.com
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that myNORTHWOOD.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12. TERMINATION
You agree that
myNORTHWOOD.com , in its sole discretion, may terminate your login,
password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if myNORTHWOOD.com
believes that you have violated or acted inconsistently with the letter
or spirit of the TOS. myNORTHWOOD.com may also in its sole
discretion and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that
myNORTHWOOD.com may immediately deactivate or delete your account and
all related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that
myNORTHWOOD.com shall not be liable to you or any third-party for
any termination of your access to the myNORTHWOOD.com Service.
13. DEALINGS WITH
ADVERTISERS
Your correspondence or
business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you
and such advertiser. You agree that myNORTHWOOD.com 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 Service.
14. LINKS
The Service may
provide, or third parties may provide, links to other World Wide Web
sites or resources. Because myNORTHWOOD.com has no control over
such sites and resources, you acknowledge and agree that myNORTHWOOD.com
is not responsible for the availability of such external sites or
resources, and does not endorse and is 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
myNORTHWOOD.com 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.
15. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. myNORTHWOOD.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. |
| b. |
myNORTHWOOD.com
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
| c. |
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
myNORTHWOOD.com OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
16. LIMITATION OF
LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT myNORTHWOOD.com SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF myNORTHWOOD.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
17. NOTICE
Notices to you may be
made via either email, regular mail or newsletter. The Service may also
provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
18. GENERAL INFORMATION
The TOS constitute the
entire agreement between you and myNORTHWOOD.com and govern your
use of the Service, superceding any prior agreements between you and
myNORTHWOOD.com . You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship between
you and myNORTHWOOD.com shall be governed by the laws of the State
of Florida without regard to its conflict of law provisions. You and
myNORTHWOOD.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Pasco, Florida.
The failure of myNORTHWOOD.com to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS 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 TOS 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 TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
19. VIOLATIONS
Please report any
violations of the TOS to a HOA board director or email
info@mynorthwood.com. |
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