TERMS OF SERVICE
You ("you" or the "User") are about to register to view a web site provided, arranged and maintained by the Castle Pines Homes Association ("CPHA"). We may change or add to any or all of the web site services at any time without notice. We may refuse to provide the web site services to any person or entity in our sole discretion. We may cancel the web site services with or without cause at any time, including, without limitation, if any of the registration information you provided is false or misleading, if you have violated these Terms of Service, or if the CPHA determines that you are not authorized to use any of the web site services. Unless we state otherwise, any changes or additions to any of the web site services, will be subject to these Terms of Service. These Terms of Service (including the rules, guidelines and policies incorporated herein) may be changed from time to time by us without notice. By registering to use or using this web site or any of the other Services, you agree to these Terms of Service. You should read them carefully.
We do not provide hardware, software, equipment or systems to any User to connect to or access the Internet, and all such hardware, software, equipment and systems shall remain the sole responsibility of the User.
Terms of Service Last Revised: January 15, 2009.
1. REGISTRATION AND PASSWORDS
We attempt to protect the privacy and integrity of the web site services by making access to and use of the web site services subject to the use of a password. When you register to use the web site services the first time, you will be given initial access to the web site services through a password. Thereafter, you and other authorized users must use your password to access and use the password protected areas of the web site. You should keep your password confidential and not share your password with anyone. You will be fully responsible for all activity that occurs under the use of your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password by emailing us at email@example.com
2. CONDITIONS OF USE
You agree that you may use the web site services only as long as you comply with rules, regulations and guidelines ("Rules") published by us from time to time. The Rules are in addition to any other rules, regulations or guidelines that may be adopted from time to time by your association or its management company. Click Here to view a pdf of the rules and regulations for web site use. We may amend or supplement the Rules from time to time in our sole discretion without prior notice. Changes are effective upon posting, and we encourage you to frequently review the Rules online for any changes. The Rules, as amended and supplemented from time to time, are incorporated by reference into these Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services.
We do not in the ordinary course pre-screen or monitor content of the web sites or public areas, nor on-line postings or other communications. However, we reserve the right, but not the obligation, to determine in our sole discretion what is and is not acceptable content on any web site or in any other communication or posting made in connection with the web site, to limit placement of any content on a web site or on any other area provided in connection with the web site, to remove, alter or block access to any content immediately and without prior notice, to determine in our sole and absolute discretion what is and is not an appropriate conduct and use of any of the Services, and to cease providing or bar access to any or all of the web site to any User at any time, for any reason or for no reason, without prior notice. We reserve the right, but not the obligation, to monitor and investigate complaints regarding any of the foregoing, and you agree to cooperate fully with us in providing access and information as may be requested at any time and from time to time. You agree that any reservation of rights by us imposes no obligation of any kind on us to take any of the foregoing actions.
4. PROPRIETARY RIGHTS
We and/or our licensors own (a) the contents of CPHA's web site, (b) the content contained in or presented through the web site by us or by third parties engaged by us (including, without limitation, text, music, sound, photographs, graphics, video, page layout, and design), (c) the software, hardware, files, processes, systems, databases and tools used or provided by us or by third parties engaged by us to provide the web site, (d) other tangible and intangible personal property relating to the web site, including, without limitation, the domain names, IP numbers and addresses that may be used by us in providing the web site, and (e) the trade names, trade marks, service marks, copyrights, patents, inventions, trade secrets, know-how and other intellectual property rights relating to the foregoing ("CPHA Property").
These Terms of Service do not constitute a license to you or any other person to use any CPHA Property, except that you may use those services that we make available to you solely for your personal use. You agree that you will not, and that you will not permit any person or entity to, copy, revise, alter, modify, decompile, reverse engineer, assemble, or attempt to discover, nor sell, assign, sublicense, encumber, or otherwise transfer any interest in, any CPHA Property, including, without limitation, any object code, source code, underlying processes or algorithms contained therein, other than as is permitted by us in writing. However, you may download a single copy of this web site onto a single computer or make one print copy for your personal, noncommercial use.
You agree that we may preserve or disclose content if required to do so by law or regulation or in the good faith belief that disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any content violates the rights of third parties; (iv) protect the rights, property, or personal safety of us, other Users or the public; or (v) provide the Services.
5. THIRD PARTY DEALINGS
If you acquire goods or services from a third party, whether or not the goods or services are used as part of or found through the web site, you agree that your business dealings with that third party are solely between you and the third party. We have no liability for any reason connected with such third party or the goods or services acquired, including, without limitation, complaints or claims concerning failure to perform, defects in goods or services or otherwise.
Links to other web sites or resources may be provided by us or third parties as part of the web site. You agree that we have no control over such sites and are not responsible for them. You also agree that we are not responsible for any content, advertising, products or material on or available from such sites or resources.
6. DISCLAIMERS AND LIMITATIONS
USE OF THE CPHA WEBSITE AND ANY EQUIPMENT, SOFTWARE AND HARDWARE PROVIDED IN CONNECTION WITH THE CPHA WEBSITE, IS ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. WE MAKE NO, AND HEREBY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICES OR SUCH PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE CASTLE PINES HOMES ASSOCIATION, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE SERVICES REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS OR OTHER PROPERTY THAT ARE USED IN PROVIDING THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ANY LIABILITY OR RESPONSIBILITY, ARISING OUT OF THE INACCURACY, ILLEGALITY, AND/OR INAPPROPRIATENESS OF ANY CONTENT PROVIDED TO ANY WEB SITE OR ANY PUBLIC AREA, THE DAMAGE, DESTRUCTION OR CORRUPTION OF ANY CONTENT OR OTHER DATA, OR THE USE OR MISUSE OF, OR INABILITY TO USE, THE SERVICES BY ANY PERSON OR ENTITY.
IN NO EVENT WILL WE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE CPHA WEBSITE BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES) ARISING OUT OF OR RELATED TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE LIMITATIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU.
Under no circumstances will we be liable for failure or delay in connection with the CPHA website if the failure or delay is due to circumstances beyond our control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunication or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in equipment needed for the provision of services.
You agree that any claim or cause of action which you may have arising out of a claim related to these Terms of Service or the Services must be filed within one (1) year after such claim or cause of action arises, or the claim or cause of action will forever be barred.
You agree to indemnify and hold harmless us and our parents, subsidiaries, affiliates, officers, members, employees and representatives from any and all claims, liability and expenses (including without limitation, reasonable attorneys fees) arising out of or related to your use of the Services, your breach of any provision of these Terms of Service, or any content posted or transmitted by you through the use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
The trademarks, service marks and logos shown on this web site (collectively, the "Marks"), including the Castle Pines Homes Association are trademarks of the Castle Pines Homes Association.
10. COPYRIGHTS AND INFRINGEMENT CLAIMS
We respect the intellectual property rights of others. We will process and investigate notices of alleged infringement of intellectual property rights related to this web site or the Services, as provided by Digital Millennium Copyright Act ("DMCA"), and will respond appropriately, as provided by the DMCA. As appropriate, we will move expeditiously to remove or disable access to material claimed to be infringing or claimed to be the subject of infringing activity. We will terminate access to Users who are repeat infringers.
11. GENERAL PROVISIONS
These Terms of Service constitute the entire agreement between you and us concerning your use of the CPHA website and the relationship between you and us, and supersede any prior or contemporaneous oral or written communications, representations or understandings concerning the subject matter. You agree that you are not relying on any representation, warranty, guarantee or statement of any kind or nature made by us or anyone on our behalf except as set forth in these Terms of Service. If any provision of the Terms of Service is held invalid or unenforceable, the remaining provisions will remain in effect.
No waiver of any breach or failure or delay in exercising any right, power or remedy of any provision of these Terms of Service shall constitute a waiver of the same or any other provision hereof with respect to prior, concurrent or subsequent occurrences and no waiver shall be effective unless made in writing and signed by an authorized representative of the party against whom such waiver is sought. These Terms of Service, and any dispute arising pursuant to these Terms of Service, shall be governed by Colorado law, exclusive of its provisions regarding conflicts of law. Any action relating to these Terms of Service must be brought in Denver, Colorado, and both parties irrevocably consent to the jurisdiction of the state and federal courts located in Denver, Colorado.
Titles and headings are included solely for convenient reference and are not part of these Terms of Service. You may not assign any of your rights or obligations (in whole or in part) without our prior written consent, which we may withhold, in our sole discretion. We may assign our rights and obligations under these Terms of Service without your prior written consent.