Your Use of This Website
Communications with Associa
When you communicate with Associa, or purchase products from any of our sites, you are communicating with us electronically. Your use of this Website, including any purchase of products or services, 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 Associa 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
Purchases you make on this Website, including through inter-community "for sale" ads, may be made by Visa, MasterCard and Discover card. Advertising services ordered on this Website will be fulfilled within 72 business hours. Associa maintains no responsibility for inadvertent errors in pricing or descriptions of its services. In the event of typographical errors on this Website or in our publications, Associa reserves the right to cancel or refuse orders at its sole discretion. Please contact us within 30 days regarding any price or promotion discrepancies.
This Website is operated by Associa and contains information, software, photographs, audio, video, graphics, links and other material (collectively, "Content") supplied by Associa, all of which is legally protected under copyright, trademark, patent and other intellectual property laws.
Associa, Associations, Inc, the community association in which you reside and/or own and its management company are the owners of slogans, logos, and product and service names used on this Website are trademarks owned by. You agree not to display or use such trademarks, in any manner, without the written permission of Associa. Trademarks and trade names of third parties are the property of those third parties and are used by Associa 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.
The Content that Associa provides on this Website, including, but not limited to, text, graphics, images and logos, is owned by either Associa or the party that has provided the Content to us and is protected by U.S. and international copyright laws. Associa is the sole and exclusive owner of its compilation of this Content on this Website, and this compilation is also protected by U.S. and international copyright laws. Unauthorized copying of any of this Content could lead to copyright infringement. Associa expects you to respect its copyright rights, as well as the copyright rights of others.
If you are a trademark or copyright owner and you believe that your trademark rights or copyrights have been violated in any way, please submit our Intellectual Property Infringement Notification Form and any questions you might have, to our designated agent, Paul Reyes, at PO Box 600223, Dallas, TX 75360-0223 or at firstname.lastname@example.org. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2). Our designated agent will respond only to inquiries concerning trademark or copyright issues, for general questions please contact email@example.com.
Online 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 other Associa users, Associa employees or other individuals;
c) Contains personal information about any individual;
d) Violates the privacy of any other individual or entity;
e) Contains any type of business solicitation, other than those specifically allowed in the "for sale" portion of 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;
f) Contains viruses, corrupted files or any other similar software or programs that may adversely affect the operation of Associa's system or a third party's computer;
g) Undermines the operation of a forum, chat room or other site feature; or
h) Contains unauthorized copies of third parties' works.
You understand and agree that Associa 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 Associa. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of Associa. By participating in Associa websites, 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 Associa may not be used for unauthorized electronic commerce. Use of any Associa website feature for the sale of products or services (including participation in any affiliate program other than that operated by Associa) is prohibited. If, in the sole discretion of Associa, you are found to be using Associa websites for any inappropriate commercial purpose, Associa reserves the right to take action to end such activity. Unless Associa lets you know otherwise, you may not reproduce, duplicate, copy, sell or otherwise transfer or commercially exploit all or any part of any Associa website.
Claims Against Associa
You agree to indemnify and hold Associa, and its affiliates, harmless and to pay all liabilities, costs and expenses that Associa 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.
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 ASSOCIA 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 Associa 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 Associa 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. Associa 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 (including, but not limited to, our retailers' pricing information) will be accurate or reliable (and Associa 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. Associa 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 ASSOCIA 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 ASSOCIA 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 NFORMATION IN AN UNAUTHORIZED MANNER; (c) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THIS WEBSITE; (d) YOUR USE OF OR INABILITY TO USE ANY PRODUCTS OR SERVICES PURCHASED DIRECTLY OR INDIRECTLY THROUGH THIS WEBSITE OR ANY OTHER MATTER RELATING TO YOUR PURCHASE OR SALE OF SUCH PRODUCTS OR SERVICES; OR (e) ANY OTHER MATTER RELATING TO THIS WEBSITE. IN ANY EVENT, ASSOCIA'S MAXIMUM LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO PRODUCTS SHALL BE THE REPLACEMENT OF ANY NON-CONFORMING PRODUCT OR, AT ASSOCIA'S OPTION, UPON YOUR RETURN OF ANY SUCH NON-CONFORMING PRODUCT, A PRO-RATA REFUND OF THE AMOUNTS YOU PAID FOR IT.
Some states do not allow the limitation of liability, so this provision may not apply to you.