Website Disclaimer and User Agreement 

 

The Parkway Estates Home Owners Association (PEHOA) Website is offered to you, the user (‘User"), conditioned on acceptance of the terms, conditions, and notices contained in this Disclaimer and User Agreement without modification. User access and use of this site constitutes acceptance of all terms and conditions in this document.

The Website is a system, provided by PEHOA as a public service. The User agrees to use this website as permitted by applicable local, state and federal laws.

The User agrees, among other things, not to:

1) knowingly and without authorization, alter, damage, or destroy PEHOA’s website or another user’s computer system, network, software, program, documentation or data; or

 2) use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to this website by other users will be deemed an unauthorized use.

Anyone using this website expressly consents to the PEHOA Board of Directors monitoring of website usage at all times.

Users are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If a User does not wish to consent to monitoring, exit this system now.

IN ADDITION TO THE ABOVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

LINKS TO THIRD PARTIES' WEBSITES

There are links and pointers to third party Internet websites contained in the PEHOA website. These sites linked from the PEHOA website are not under PEHOA’s control.

PEHOA does not assume any responsibility or liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. 

PEHOA does not intend these third party links to be referrals or endorsements of the linked entities by PEHOA, and are provided for convenience only.

A User assumes sole responsibility for use of third-party links and pointers.

PEHOA WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES.

THESE INCLUDE (BUT NOT LIMITED TO) DAMAGES OR INJURY CAUSE BY ANY

  • USE OF (OR INABILITY TO USE) THE SITES;
  • USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU
    HYPERLINK FROM OUR SITES;
  • FAILURE OF PERFORMANCE;
  • ERRORS;
  • OMISSION;
  • INTERRUPTION;
  • DEFECT;
  • DELAY IN OPERATION OR TRANSMISSION;
  • COMPUTER VIRUS; OR
  • LINE FAILURE

PEHOA IS NOT LIABLE FOR ANY DAMAGES, INCLUDING

  • DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
  • DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES");
  • OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").
  • FURTHERMORE, PEHOA IS NOT LIABLE EVEN IF PEHOA HAS BEEN NEGLIGENT OR IF AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

 

User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and PEHOA as a result of this Agreement or use of this website. User agrees not to hold the User out as a representative, agent, or employee of PEHOA, and PEHOA shall not be liable for any representation, act or omission of the User.

To the extent that this website contains or may in the future contain bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving PEHOA members and other users ("Forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not violate the law by:

  • Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as privacy and publicity) of others.
  • Publishing, posting, distributing, or disseminating any defamatory, infringing, obscene, indecent or unlawful material or information.
  • Uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights to the material or has received all necessary consents.
  • Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
  • Falsifying the origin or source of any material contained in a file that is uploaded.
  • Knowingly introducing viruses, corrupted files or any other similar software or programs that may damage, alter or destroy this website or the operation of another’s computer system, network, software, program documentation or data.
  • Knowingly accessing or attempting to access or use the PEHOA computer system, computer network, or any part including this website, for the purpose of devising or executing any scheme or artifice to defraud; obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including, but not limited to, theft of proprietary information.
  • User agrees to send and receive electronic mail, engage in conferences and chats, downloading and upload files, and otherwise use this website only as permitted by these terms and conditions, any additional policies or procedures published in this website from time to time by PEHOA, and applicable law.
  • PEHOA reserves the right to remove any contents of this website received from users for violations of PEHOA forum use policies and other applicable regulations and law, including violations of others’ constitutional rights. PEHOA reserves the right to edit any notices or postings for length if and when such length interferes with other users’ access to and use of this forum.
  • The User acknowledges that chats, conferences, bulletin boards, discussion webs and any other such interactive or communication forums hosted by this website are public and not private communications. Further, the User acknowledges that chats, posting conferences, discussion webs and other communications by other Users are not endorsed by PEHOA, and such communications shall not be considered reviewed, screened or approved by PEHOA.
  • As a condition of use of the PEHOA website, the User agrees to indemnify the PEHOA, its officers, employees and agents against any and all liability, expenses (including attorney’s fees at trial and appellate levels) and damages arising out of claims resulting from User’s use of this website, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
  • This Agreement constitutes the entire agreement between the User and PEHOA with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and PEHOA with respect to this website.
  • This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
  • A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  • Any rights not expressly granted in this Agreement are reserved.