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TERMS OF USE

MONTAGE AT MISSION HILLS HOMEOWNERS ASSOCIATION WEBSITE

Welcome to the Website. Access to the Montage at Mission Hills Homeowners Association Website, herein referred to as “Website”, is subject to these Terms of Use.

By using this Website, you 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. If you do not accept these Terms and Conditions you must immediately stop using this website.

ACCESS TO ANY INTERACTIVE FEATURES OF THIS WEBSITE IS RESTRICTED TO OWNERS AND THOSE WHO RESIDE IN THE COMMUNITY.

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 Montage at Mission Hills Homeowners Association’s express written permission to do so.

Montage at Mission Hills Homeowners Association 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 Montage at Mission Hills Homeowners Association will have no liability to you if this Website is discontinued or your ability to access this Website is terminated.

Communications with Montage at Mission Hills Homeowners Association

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 Montage at Mission Hills Homeowners Association is not liable for any garbled or scrambled transmissions, including any failed attempt on your part to communicate with us.

Privacy

We are committed to keeping your personal information private. The Montage at Mission Hills Homeowners Association will not sell, distribute, or share any personal information you provide. Any personal information we possess will be used for the sole purpose of administering the relationship between yourself and the Montage at Mission Hills Homeowners Association.

Passwords

You may be assigned an account and password in order to access certain areas of this website. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Montage at Mission Hills Homeowners Association of any unauthorized use of your password or account or any other breach of security. The Montage at Mission Hills Homeowners Association cannot and will not be liable for any loss or damage arising from your failure to comply with this section

User Submissions

Any information, data, text, photos or content submitted for posting on this website will be considered non-confidential and non-proprietary and you warrant and represent that your submitted item is your own original work, that you alone own copyright, that it is an authentic and accurate depiction of the subject matter presented and that no other party has any right, title, claim or interest. The Montage at Mission Hills Homeowners Association will have no obligations with respect to such submissions. The Montage at Mission Hills Homeowners Association and its designees will be free to copy, disclose, distribute, reproduce, incorporate and otherwise use your submission.

Intellectual Property

This Website contains information, such as a newsletter, supplied by Montage at Mission Hills Homeowners Association. The design and Website content such as software, photographs, audio, video, graphics, and other material supplied by owners, residents, Web designer(s) / Webmaster(s) are protected under copyright, trademark, patent and other intellectual property laws.

Trademarks

Montage at Mission Hills Homeowners Association are 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 Montage at Mission Hills Homeowners Association. Trademarks and trade names of third parties are the property of those third parties and are used by Montage at Mission Hills Homeowners Association 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 Montage at Mission Hills Homeowners Association provides on this Website, including, but not limited to, text, graphics, images and logos, is owned by either Montage at Mission Hills Homeowners Association 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. Montage at Mission Hills Homeowners Association expects you to respect its copyright rights, as well as the copyright rights of others.

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.

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:

  1.  Contains offensive, profane, harassing, defamatory, inappropriate, racist, threatening, infringing, obscene or unlawful material;
  2.  Contains slanderous or libelous comments about any individual.
  3.  Violates the privacy of any individual or entity;
  4.  Contains any type of business solicitation, other than those specifically approved by the association Board of Directors and 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;
  5.  Contains viruses, corrupted files or any other similar software or programs that may adversely affect the operation of Montage at Mission Hills Homeowners Association’s system or a third party’s computer;
  6.  Undermines the operation of a blog, forum, discussion or other site feature; or
  7.  Contains unauthorized copies of third parties’ works.

You understand and agree that Montage at Mission Hills Homeowners Association 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 Montage at Mission Hills Homeowners Association. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of Montage at Mission Hills Homeowners Association. By participating in Montage at Mission Hills Homeowners Association websites, you agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.

Any message boards and other features that may be provided by Montage at Mission Hills Homeowners Association may not be used for unauthorized electronic commerce. Use of any Montage at Mission Hills Homeowners Association website feature for the sale of products or services (including participation in any affiliate program other than that operated by Montage at Mission Hills Homeowners Association is prohibited. If, in the sole discretion of Montage at Mission Hills Homeowners Association, you are found to be using Montage at Mission Hills Homeowners Association websites for any inappropriate commercial purpose, Montage at Mission Hills Homeowners Association reserves the right to take action to end such activity. Unless Montage at Mission Hills Homeowners Association lets you know otherwise, you may not reproduce, duplicate, copy, sell or otherwise transfer or commercially exploit all or any part of any Montage at Mission Hills Homeowners Association website.

Links

Through this Website, you may be able to access links to other websites. Because Montage at Mission Hills Homeowners Association has no control over such sites, you acknowledge and agree that Montage at Mission Hills Homeowners Association 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.

Purchases Made on This Website

This Website does not offer electronic commerce capabilities.

Claims Against Montage at Mission Hills Homeowners Association

You agree to indemnify and hold Montage at Mission Hills Homeowners Association, and its affiliates, harmless and to pay all liabilities, costs and expenses that Montage at Mission Hills Homeowners Association 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:

  1. 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 MONTAGE AT MISSION HILLS HOMEOWNERS ASSOCIATION 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 Montage at Mission Hills Homeowners Association 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 Montage at Mission Hills Homeowners Association 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.
  2. Montage at Mission Hills Homeowners Association 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 Montage at Mission Hills Homeowners Association disclaims any liability for damages that may arise from your reliance on any such information or communication).
  3. 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. Montage at Mission Hills Homeowners Association 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 MONTAGE AT MISSION HILLS HOMEOWNERS ASSOCIATION 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 MONTAGE AT MISSION HILLS HOMEOWNERS ASSOCIATION 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 California. The laws of the State of California 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.

Contacting the Web Site

Should you have any questions about the terms and conditions or the privacy statement, the practices of this site, or your engagement with this Website, you can contact us by one of three methods:

Using the feedback form by clicking here.

Sending an e-mail by clicking here.

Writing a letter and sending by regular mail to this address:

Webmaster

Montage at Mission Hills Homeowners Association

c/o Personalized Property Management

68950 Adelina Road

Cathedral City, CA 92234

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS WEBSITE, STOP USING THE WEBSITE.