By using this Website, you explicitly agree to the terms herein, which may be updated by us from time to time without notice to you. 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.
Confidentiality
By accessing the documents on this site, you explicitly agree to take appropriate care to PROTECT THE DOCUMENTS AS CORPORATE RECORDS, by controlling access, storing, releasing, and destroying of all files and copies accordingly. Furthermore, you may not distribute files outside The Cove at Brookings (HOA) to Financial, Legal, Insurance, or other requesting agents without formal request to and approval of the Board of Directors.
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 Cove at Brookings Homeowners Association Inc.’s express written permission to do so.
The Cove at Brookings Homeowners Association Inc. 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 Cove at Brookings Homeowners Association Inc. will have no liability to you if this Website is discontinued or your ability to access this Website is terminated.
Communications with The Cove at Brookings Homeowners Association Inc.
When you communicate with our Website, you are communicating with us electronically. Your use of this Website constitutes your consent to the receipt of electronic communications from us. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand that The Cove at Brookings Homeowners Association Inc. is not liable for any garbled or scrambled transmissions, including any failed attempt on your part to communicate with us.
Purchases Made on This Website
This Website does not offer electronic commerce capabilities.
Intellectual Property
This Website contains information supplied by The Cove at Brookings Homeowners Association Inc. The design and Website content such as software, photographs, audio, video, graphics, and other material supplied by The Cove at Brookings Homeowners Association Inc., the Web designer / Webmaster are protected under copyright, trademark, patent and other intellectual property laws.
Trademarks
The Cove at Brookings Homeowners Association Inc. is the owners of slogans, logos, or trademarks used on this Website. You agree not to display or use such trademarks, in any manner, without the written permission of The Cove at Brookings Homeowners Association Inc. Trademarks and trade names of third parties are the property of those third parties and are used by The Cove at Brookings Homeowners Association Inc. subject to license, or subject to the fair use provisions of U.S. trademark law. Users on this Website are expressly forbidden to misuse those marks.
Copyright
The Content that The Cove at Brookings Homeowners Association Inc. provides on this Website, including, but not limited to, text, graphics, images and logos, is owned by either The Cove at Brookings Homeowners Association Inc. or the party that has provided the Content to us and is protected by U.S. and international copyright laws. Unauthorized copying of any of this Content could lead to copyright infringement. The Cove at Brookings Homeowners Association Inc. expects you to respect its copyright rights, as well as the copyright rights of others.
Online 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:
You will not post any content that:
a) Contains offensive, profane, harassing, defamatory, inappropriate, racist, threatening, infringing, obscene or unlawful material;
b) Contains slanderous or libelous comments about any individual.
c) Violates the privacy of any individual or entity;
d) Contains any type of business solicitation, other than those specifically allowed on this Website, including advertising a product or service, offering a product or service for sale or directing readers to a location for more information about a product or service;
e) Contains viruses, corrupted files or any other similar software or programs that may adversely affect the operation of The Cove at Brookings Homeowners Association Inc.’s system or a third party’s computer;
f) Undermines the operation of a forum, chat room or other site feature; or
g) Contains unauthorized copies of third parties’ works.
You understand and agree that The Cove at Brookings Homeowners Association Inc. will remove postings that contain objectionable material or otherwise violate the foregoing Community Rules and Regulations. Use of distribution lists in electronic mail or other mass electronic mailings is subject to the approval of The Cove at Brookings Homeowners Association Inc.. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of The Cove at Brookings Homeowners Association Inc.. By participating in The Cove at Brookings Homeowners Association Inc. website, you agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.
Message boards and other features provided by The Cove at Brookings Homeowners Association Inc. may not be used for unauthorized electronic commerce. Use of any The Cove at Brookings Homeowners Association Inc. website feature for the sale of products or services (including participation in any affiliate program other than that operated by The Cove at Brookings Homeowners Association Inc.) is prohibited. If, in the sole discretion of The Cove at Brookings Homeowners Association Inc., you are found to be using The Cove at Brookings Homeowners Association Inc. website for any inappropriate commercial purpose, The Cove at Brookings Homeowners Association Inc. reserves the right to take action to end such activity. Unless The Cove at Brookings Homeowners Association Inc. lets you know otherwise, you may not reproduce, duplicate, copy, sell or otherwise transfer or commercially exploit all or any part of any The Cove at Brookings Homeowners Association Inc. website.
Links
Any links to external websites and/or non-The Cove at Brookings Homeowners Association Inc. information are provided as a courtesy. They should not be construed as an endorsement by The Cove at Brookings Homeowners Association Inc. of the content of the linked materials. Because The Cove at Brookings Homeowners Association Inc. has no control over such sites, you acknowledge and agree that The Cove at Brookings Homeowners Association Inc. 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 we encourage you to do so.
Claims Against The Cove at Brookings Homeowners Association Inc.
You agree to indemnify and hold The Cove at Brookings Homeowners Association Inc., and its affiliates, harmless and to pay all liabilities, costs and expenses that The Cove at Brookings Homeowners Association Inc. 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 COVE AT BROOKINGS HOMEOWNERS ASSOCIATION INC. 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 that The Cove at Brookings Homeowners Association Inc. 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 that The Cove at Brookings Homeowners Association Inc. 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 use it.
b. The Cove at Brookings Homeowners Association Inc. also disclaims any warranty that (i) this Website will meet your requirements, (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 Cove at Brookings Homeowners Association Inc. 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 or other consequences that result from your downloading any information, software or other materials through this Website or any other website that you may link to through this Website. The Cove at Brookings Homeowners Association Inc. shall have no liability for any damage to your computer, including loss of data, that results from your downloading any such materials.
Some states do not allow the disclaimer of implied warranties, so portions of this provision may not apply to you.
Limitation of Liability
YOU AGREE THAT THE COVE AT BROOKINGS HOMEOWNERS ASSOCIATION INC. 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 COVE AT BROOKINGS HOMEOWNERS ASSOCIATION INC. 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 THIS WEBSITE;
Some states do not allow the limitation of liability, so this provision may not apply to you.
General
You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. This Website was created and is operated under the laws of the State of Oregon. The laws of the State of Oregon will control the terms and conditions provided in these Terms of Use, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action 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.