TERMS OF USE

Access to the Portico Homeowners Website, herein referred to as “Website”, is subject to these Terms of Use.

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

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.

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 Portico Homeowners Association’s express written permission to do so.

Portico 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 Portico Homeowners Association will have no liability to you if this Website is discontinued or your ability to access this Website is terminated.

COMMUNICATIONS WITH PORTICO 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 Portico Homeowners Association is not liable for any garbled or scrambled transmissions, including any failed attempt on your part to communicate with us.

INTELLECTUAL PROPERTY

This Website contains information and Content, such as community updates and meeting minutes, supplied and owned by Portico Homeowners Association. However, the design and Website content such as software, photographs, audio, video, graphics, and other material are solely owned by Snugbutter LLC and are protected under copyright, trademark, patent and other intellectual property laws.

COPYRIGHT

The Content that Portico Homeowners Association provides on this Website is owned by Portico Homeowners Association. The design, including, but not limited to, text, graphics, images and logos, is owned by Snugbutter LLC and is protected by U.S. and international copyright laws.  Unauthorized copying of any of this Content could lead to copyright infringement. Portico 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:

a)  Contains offensive, profane, harassing, defamatory, inappropriate, racist, threatening, infringing, obscene or unlawful material;

b)  Contains slanderous or libelous comments about any individual.

c)   Violates the privacy of any individual or entity;

d)  Contains any type of business solicitation, other than those specifically 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;

e)  Contains viruses, corrupted files or any other similar software or programs that may adversely affect the operation of Portico Homeowners Association’s system or a third party’s computer;

f)   Undermines the operation of a forum, chat room or other site feature; or

g)  Contains unauthorized copies of third parties’ works.

You understand and agree that Portico 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 Portico Homeowners Association. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of Portico Homeowners Association. By participating in Portico Homeowners Association 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 Portico Homeowners Association may not be used for unauthorized electronic commerce. Use of any Portico Homeowners Association website feature for the sale of products or services (including participation in any affiliate program other than that operated by Portico Homeowners Association) is prohibited. If, in the sole discretion of Portico Homeowners Association, you are found to be using Portico Homeowners Association websites for any inappropriate commercial purpose, Portico Homeowners Association reserves the right to take action to end such activity. Unless Portico 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 Portico Homeowners Association website.

LINKS

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

CLAIMS AGAINST PORTICO HOMEOWNERS ASSOCIATION

You agree to indemnify and hold Portico Homeowners Association, and its affiliates, harmless and to pay all liabilities, costs and expenses that Portico 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:

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 PORTICO 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 Portico 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 Portico 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.

b.   Portico 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 Portico Homeowners Association 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. Portico 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 PORTICO 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 PORTICO 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