TERMS OF SERVICE
FOR THE ALBEMARLE PLANTATION PROPERTY OWNERS' ASSOCIATION WEBSITE
Welcome to the Albemarle Plantation Property Owners' Association website (APPOA Website). Throughout these Terms of Service, the designation "APPOA' shall be used to represent the Albemarle Plantation Property Owners' Association, Inc., its Board of Directors, committee volunteers, affiliates, officers, agents, partners, consultants, attorneys, employees, and any entity or person hosting, designing or providing for administration of the Website.
ACCEPTANCE OF TERMS
By accessing any portion of the APPOA Website in any way or for any reason, you agree to be bound by the following Terms of Service. APPOA reserves the right to pursue any and all legal remedies, whether under law or equity, available to the APPOA based violation of these Terms of Service or any other conduct creating a right of action in favor of APPOA.
RIGHT TO MODIFICATION WITHOUT NOTICE
APPOA reserves the right to modify, update, remove or create additional Terms of Service at any time and for any reason without notice. APPOA Website users have the duty to act in compliance with the Terms of Service in effect at the time they are using the APPOA Website, and the duty to keep themselves informed of any changes to the Terms of Service.
MEMBER ACCOUNT, PASSWORD AND SECURITY
By obtaining a member access account, you agree to be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. You agree to immediately notify APPOA of any unauthorized use of your account or any other breach of security. You further agree that you will not provide anyone with access to your APPOA Website account besides immediate family members who live at your residence within Albemarle Plantation.
Unauthorized access to any password protected area or other area which is meant to be unavailable to the general public shall be subject to prosecution at the fullest extent allowed by applicable law.
SUSPENSION AND TERMINATION OF USE
Member access and/or use of the APPOA Website may, without notice, be suspended or permanently terminated at any time at the sole discretion of APPOA. The suspension or termination of member access and/or use of the APPOA Website may include the immediate deletion of a member's account, all related information, and any content of the member. The APPOA shall in no way be liable to any member, APPOA Website user or any third party for any suspension, termination or any acts associated therewith. Additionally, APPOA may remove and discard any content within the APPOA Website at any time and for any reason within its sole discretion and without notice.
PROVIDING OF WEBSITE
APPOA reserves the right to, in its sole discretion and at any time, discontinue providing the APPOA Website, or any part thereof, with or without notice. Such reservation of rights shall include the right to immediately delete or destroy any and all members' accounts and information related thereto including any content posted or available on the APPOA Website.
Member access will automatically be suspended when a member or someone using a member's account partakes in inappropriate conduct. APPOA may terminate a suspended membership account at any time within its discretion. Inappropriate conduct includes, but is not limited to the following:
a. Members attacking, stalking or harassing any person or entity in any way. This includes posts that threaten, make fun of, or directly attack another or their reputation. This also includes posts containing offensive language or links to websites containing materials or content inappropriate for viewing by a family audience. In addition to suspension or termination of member access, any such posts will be immediately deleted;
b. The printing, publishing or other use of materials or information found anywhere on the APPOA Website without written permission of the APPOA;
c. The harvesting of e-mail and/or other information about APPOA members, subscribers, affiliates or visitors;
d. The disclosure, dissemination or use of any content, or material found on the APPOA Website for commercial purposes, including, but not limited to, solicitation of products or services by mail, telephone, or otherwise;
e. The transmission or posting of any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another s privacy, hateful, or racially, ethnically or otherwise objectionable;
f. The transmission or posting of any content for which the APPOA Website user does not have a right to transmit pursuant to any duty created by law, including contractual and/or fiduciary duties i.e. inside, proprietary or confidential information etc.;
g. The transmission, publishing or posting of any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary right of any party. Such material or content will be deleted;
h. The transmission of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
i. The use of the APPOA website in any way which violates any applicable law of any local government, North Carolina or any other state, or the United States whether such violation was intentional, negligent or accidental;
j. The use of the APPOA Website or the material contained therein to "Stalk" or otherwise harass anyone;
k. The use of the APPOA Website for any purpose which could potentially subject the APPOA to liability in any way; or
l. The use of the APPOA Website to collect, store or use in any way personal data about other users, members or neighbors.
purpose of the Message Board is to provide a forum for members to communicate
with each other. It is available to all
Albemarle Plantation property owners who have obtained login access to the
using the Message Board, members are expected to follow these guidelines:
from personal attacks against individuals, groups or the APPOA as a whole.
using the Message Board for commercial, political or lobbying purposes.
Message Board is not the appropriate means for communicating specific
operational concerns or maintenance issues. Instead, the APPOA website provides
eForms, which ensure that AP
Management and/or the APPOA Board of Directors directly hear your concerns and
can respond or take action, as appropriate.
are consequences for failing to follow these guidelines.
· First Violation:
When a member creates a Message that violates the Message Board guidelines, a
Warning Message will be posted in response.
Both the Message and response will remain on the Message Board.
The Warning Message will identify the reason for this action. The member will be advised to either a)
revise and resubmit the Message, or b) use an eForm to send the Message to the
appropriate person/group, or c) locate the material within the appropriate
section of the website.
It will also indicate that if a member receives a second warning, that member’s access to the APPOA website will be suspended for a period of thirty days.
· Second Violation:
If a member has received a First Violation, and subsequently submits a Message
that violates the guidelines, a second Warning Message will be posted in
response. Both the Message and response
will remain on the Message Board.
The Warning Message will indicate that the member is not using the Message
Board appropriately. The member’s access
to the APPOA website will be suspended for a period of thirty days. The Member will be notified by email about
the suspension, the reason for this action, and encouraged to discuss this
situation with the appropriate person and/or group. The Member will regain access to the website
at the end of the suspension period.
· Third and Subsequent Violations:
If a member continues to violate the Message Board guidelines, the APPOA
reserves the right to specify a suspension of 120 days.
In this event, a Warning Message will be posted in response. Both the Message and the response will remain
on the Message Board. The member’s
access to the APPOA website will be suspended.
The Member will be notified by email about the suspension, the reason
for this action, and encouraged to discuss this situation with the appropriate
person and/or group. The Member will
regain access to the website at the end of the suspension period.
As indicated in the Terms of Service,
the APPOA has the right to instantly remove and discard any content within the
Message Board, at any time, and for any reason within its sole discretion and
without notice. In addition, it may
automatically suspend a member who partakes in inappropriate conduct as
described in the section titled “Member Conduct”.
RESPONSIBILITIES AND INDEMNITY
In consideration for your ability to make use of the APPOA Website, you agree that you are solely responsible for all acts of yourself or anyone using your member access. Additionally, you agree to indemnify and hold harmless the APPOA, as defined above, from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of any and all acts of yourself or anyone using your member access.
APPOA operates the APPOA Website primarily for the convenience of the owners of property within Albemarle Plantation (Owners). APPOA does not sell or otherwise make available Owners' personal data to any other organization through this website. However, APPOA reserves the right to share any personal, identifying or any other information about any APPOA Website user, or any member of the APPOA, with anyone outside of the APPOA, its consultants, advisors and legal counsel, when (1) required by law; (2) necessary to protect the Association s interests or reputation; or (3) consented to by the affected person or persons.
APPOA promises to exercise reasonable care and diligence in managing, transmitting and securing personal information associated with the APPOA Website. However, APPOA cannot guarantee the security or confidentiality of any information transmitted or posted to or otherwise contained within the APPOA Website. By using the APPOA Website for any purpose you do so at your own risk that the security or confidentiality of your private information may be compromised.
The APPOA Website may contain links to other websites. Such other websites and their content are outside the control of the APPOA. The APPOA will not be held responsible for the content of such websites. The terms and conditions of such external websites, including the privacy policies, may differ from those of the APPOA Website, and any user following said external links shall be governed by the terms and conditions of said external website.
APPOA does not collect any identifying information as the result of your use of the APPOA Website, with the exception of information sent to the APPOA via e-mail and the login information of members. To the extent a user's web browser sends information to the website, such information will not be used to identify or contact such user unless (1) required by law; or (2) necessary to protect the Association s interests or reputation. However, APPOA may use such information for statistical purposes related to the use and improvement of the APPOA Website.
APPOA reserves the right to send cookies to users of the APPOA Website and to require their acceptance by the APPOA Website user or make such acceptance deniable by the APPOA Website user.
While the information provided within the APPOA Website is believed to be accurate, it may include errors or inaccuracies. Where a conflict arises between the content of the APPOA Website and any official documents of the APPOA the official documents shall prevail. APPOA makes no attempts to verify or endorse as true any information posted to the APPOA Website by anyone outside of APPOA, as defined above. Users of the APPOA Website assume all risk associated with reliance upon the accuracy and truthfulness of the information and content of the APPOA Website.
ALL INFORMATION PROVIDED ON THE APPOA WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. APPOA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
APPOA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE APPOA WEBSITE, RESULTING FROM THE DOWNLOADING OF SOFTWARE OR OTHER DATA IN ANY FORM FROM THE APPOA WEBSITE, OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION CONTAINED WITHIN THE APPOA WEBSITE, EVEN IF APPOA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL CONTENT OF THE APPOA WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, ARTWORK, AND DESIGN, IS THE PROPERTY OF AND PROTECTED BY THE COPYRIGHT OF APPOA. COPYING OR USE OF ALL OR ANY PART OF THE APPOA WEBSITE OR ANY OF ITS PAGES FOR ANY PURPOSE IS PROHIBITED, EXCEPT WITH THE EXPRESS WRITTEN CONSENT OF APPOA. SUCH WRITTEN CONSENT MUST BE OBTAINED FOR EACH INSTANCE OF THE USE OF ANY COPYRIGHTED MATERIAL.