LLHOA update

Terms of use

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1. Agreement

These “Terms of Use” apply to the Website LLHOAupdate.com ( “us”, “we”, or “our”) where these Terms of Use are posted.  “Website” include the site hosted by one or more web servers (however accessed and/or used, whether via personal computers, mobile devices, or otherwise (collectively, “Computer”)) and other interactive features, applications, or downloads that are operated by us and that are available through, or interact with, Website where these Terms of Use are posted.
 

Please read these Terms of use carefully before using the website. By accessing and/or using the website you are agreeing to comply with these terms of use. If you do not read, fully understand and agree to the Terms of use, you must immediately leave the Website and avoid or discontinue all use of the website.
 

In addition to these Terms of Use, we have established a Privacy Policy to explain how user information is collected and used by us.  Click to view the Privacy Policy. Privacy Policy is incorporated by reference into these Terms of Use.  By accessing or using the Website, you are signifying your acknowledgement and agreement to the Privacy Policy.
 

2. Intellectual property
Unless otherwise explicitly specified, the Website (including past, present, and future versions) and included content (and any derivative works or enhancements of the same), including, but not limited to, all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, advertising copy, content, materials, products, services, URLs, technology, documentation, interactive features, the “look and feel” of the Websites, the compilation, assembly and arrangement of the materials of the Website, and any and all copyrightable material (including source and object code), (collectively, the “Website Content”) and all intellectual property rights to the same are owned or controlled by us, our licensors, or both.  Additionally, all trademarks, service marks, trade names, trade identities, and trade dress that may appear on the Website are owned by us, our licensors, or both.  Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

 

3. Website access and use

3.1. Access to the Website, including, without limitation, the Website Content, is provided for your information and personal, non-commercial use only.  When using the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law.  Except as expressly permitted in these Terms of Use or applicable Additional Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner.

3.2. Furthermore, you may not:  

• remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on the Website or Website Content or on any copy you make of the Website Content;

• circumvent, disable, or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;

• use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any purpose without the express written permission from us, frame the Website or Website Content except to the extent we have given you explicit permission to do so;

• collect or harvest any personally identifiable information from the Website, including, without limitation, user names, passwords, or e-mail addresses;

• solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

• attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;

• decompile, reverse engineer, disassemble, modify, or attempt to discover any Website source or object code or any software or other products, services or processes accessible through any portion of the Website;

• use network-monitoring software to determine architecture of or extract usage data from the Website;

• encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;

• use the Website Content in a manner that suggests an association with any of our networks, services;

• engage in any conduct that restricts or inhibits any other user from using or enjoying the Website or that violates these Terms of Use or applicable Additional Terms.
   

3.3. You agree to cooperate fully with us to investigate any suspected or actual activity that is in breach of these Terms of Use or applicable Additional Terms.

 

3.4. You also agree that you will be responsible for obtaining and maintaining all Computer hardware and other equipment needed for access to and use of the Website and you will be responsible for all charges related thereto.

 

4. Accounts
You do not need to register an account to view the website, however, to use some of our Services, such as making a comment, an account is required. To create an account, you must have a valid email address and you'll need to be 18 years of age or older. The information you provide while creating or updating your account must be accurate.
While we employ a number of security techniques on our end, the security of your email address and password ("Login Credentials") lies solely with you. You agree to not hold us responsible for any unauthorized access of your account.
At our sole discretion, your account is subject to removal / deactivation / suspension / etc. at any time, without prior notice.

5. User content
5.1.  We may now or in the future permit users to post, upload, display, publish, distribute, transmit through, broadcast, or otherwise make available on the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for same. 

You agree that you either:
(1) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use or applicable Additional Terms; or
(2) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant us these licenses.  Upon our request, you will furnish us with any documentation, substantiation, or releases necessary to verify your compliance with these Terms of Use or applicable Additional Terms.  You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to us.  

5.2.  You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. 

5.3.  By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us an unrestricted, unconditional, unlimited, worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable (through multiple levels), and transferable right and license to use, copy, record, disclose, sell, re-sell, sublicense, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish, broadcast, reformat, translate, archive, store, and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate, for any purpose whatsoever. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Websites, these Terms of Use and applicable Additional Terms.  Without limitation, the granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials.  Except as otherwise described in the Website’s posted Privacy Policy or applicable Additional Terms, you agree that your User Content will be treated as non-confidential and non-proprietary.  Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any User Content you submit without any remuneration or obligation to you and for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and/or services using such User Content; or creating informational articles based on or advertising our products and services.  You further authorize us to publish your User Content in a searchable format that may be accessed by users of the Websites and the Internet.

5.4.  We have the right, but not the obligation, to monitor User Content.  Please exercise caution and common sense when viewing User Content.  We have no obligation to post, maintain, accept, display, exploit, or otherwise make use of User Content, do not guarantee distribution of User Content and User Content will not be returned and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content on the Websites.  We may discontinue operation of the Website, or your use of the Websites, in either case in whole or in part, in our sole discretion.  You have no right to maintain or access your User Content on the Websites, and we have no obligation to return your User Content or otherwise make it available to you.  We may, in our sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that we reserve the right to treat User Content on the Websites, or on certain portions of the Websites, as content stored at the direction of users for which we will not exercise editorial control except to block or remove content that is obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable or to enforce the rights of third parties.

5.5.  The rights granted by you hereunder may not be terminated, revoked, or rescinded and are not subject to reversion.
 

6. Website content & third party links
6.1.  We provide the Website, including, without limitation, Website Content for entertainment, educational, and promotional purposes only.  You may not rely on any information and opinions expressed on the Website for any other purpose.  In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content.  Under no circumstances will we be liable for any loss or damage caused by your reliance on or use of any Website Content.

6.2.   In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party.  We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website.

6.3.  If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release us from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

6.4.  The Website may contain links to other websites maintained by third parties.  We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites.  You assume sole responsibility for your use of third-party links.  We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
 

7. Indemnification
You agree to defend, indemnify, and hold harmless LLHOAupdate.com from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
(1) your access to or use of the Website;
(2) User Content provided by you or through use of your Membership;
(3) any actual or alleged violation or breach by you of these Terms of Use or applicable Additional Terms;
(4) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
(5) your acts or omissions.  You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

8. Disclaimers
You expressly agree that use of the website is at your sole risk. The website and website content are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, LLHOAupdate.com disclaim any and all warranties including any:

(1) warranties that the website will meet your requirements;

(2) warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the website or website content;

(3) warranties of title, non-infringement, or misappropriation of intellectual property rights of third parties, custom, trade, quiet enjoyment, merchantability or fitness for a particular purpose;
(4) warranties concerning the accuracy or reliability of the results that may be obtained from the use of the website;
(5) warranties that your use of the website will be secure or uninterrupted, timely or error-free;
(6) warranties that defects or errors in the software will be corrected;

(7) warranties that the website or the servers that makes it available are free of viruses or other harmful components.

9. Limitation on liability
(1). Under no circumstances shall the Website or people who running the Website be responsible or liable for any direct, indirect, incidental, special, consequential, economic, punitive, or exemplary damages (even if foreseeable or if the Website has been advised of the possibility of such damages), under any contract, negligence, strict liability, tort, or other theory, arising out of, relating to, or in any way connected with the Website, these terms of use or applicable additional terms. Your sole remedy for dissatisfaction with the website, including, without limitation, the website content is to stop using the website. Such limitation shall also apply with respect to damages incurred by reason of services, as well as by reason of any information or advice received through or advertised in connection with the website or any links on the website. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the website. 

(2). In some jurisdictions limitations of liability or of warranties are not permitted.  In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law. 

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10. Termination
(1). We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Websites for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use or applicable Additional Terms.  You agree that LLHOAupdate.com shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.

(2). If you become a registered user, you may terminate your Membership at any time by contacting us at the contact us page.

(3). Any suspension or termination shall not affect your obligations to us under these Terms of Use.  The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive, including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 15.  Upon suspension or termination of your Account, you will immediately discontinue use of the Website Content and destroy any copies of Website Content in your possession, including deleting any downloaded Website Content from your Computer.
 

11. Copyright policy
If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via the contact us page.

In the event that the website receives notice regarding a copyright infringement related to your account or your comment, we may cancel your Account, remove any Content at our sole discretion, with or without prior notice to you. 
 

12. Governing law & jurisdiction
These Terms of Use shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. Any legal proceedings that may arise out of, relate to, or be in any way connected with our Website, these Terms of Use or applicable Additional Terms, shall be brought exclusively in the courts of California located in Los Angeles County and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
 

13. No Class actions, no trial by Jury
Subject to any applicable law, all disputes between you and us shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
  
To the extent allowed by law, each of you and we waive any right to trial by jury in any lawsuit, arbitration or other proceeding.
 

14. Amendment & additional terms
(1). We reserve the right in our sole discretion and at any time without prior notice and for any reason, to modify or discontinue any aspect or feature of the Website or to modify or add to these Terms of Use (“Updated Terms”).  In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”).  Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use.  To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(2). Updated Terms or Additional Terms will be effective immediately upon notice, either by posting on the Website so that they are accessible via a link on the homepage.  It is your responsibility to review the Terms of Use and the Website from time to time for any Updated Terms or Additional Terms.  Your access and use of the Website after we have posted the Updated Terms or applicable Additional Terms will signify your assent to and acceptance of the same, which will be effective as of the time of posting, or such later date as may be specified therein, and will apply to your use of the Websites from that point forward.  If you object to any Updated Terms or to any Additional Terms, you may terminate your Membership by contacting us via the contact us page, if you do not have a Membership, your only recourse is to immediately discontinue use of the Website.
 

15. Miscellaneous
(1). Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.  We have the right to determine your compliance with these Terms of Use in our sole discretion.  You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.  If any provision of these Terms of Use is held to be unlawful, void, or for any reason invalid or unenforceable, then that provision will be deemed severable from these Terms of Use and the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

(2). These Terms of Use (including the Privacy Policy and any Updated Terms or Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.