Terms of Use – Belvedere Homeowners Association, Inc. Website

Access to the Belvedere Homeowners Association Website, herein referred to as “Website”, is subject to these Terms of Use:

ACCESS TO THE RESIDENTS AREAS OF THIS WEBSITE (THE LOGIN/PASSWORD PROTECTED SECTION) IS RESTRICTED TO RECORD OWNERS AND ALL USERS MUST BE OVER THE AGE OF 13. YOU ARE ADVISED NOT TO SHARE YOUR PASS CODE WITH ANYONE, INCLUDING MINORS 13 OR YOUNGER.

Please read this agreement carefully before using this site. 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.

Content Disclaimer

Information provided or text provided inside or implied on the Belvedere Homeowners Association Website (the website) or any internal or external links shall not be interpreted as legal advice nor used as such for any purpose. The information presented in this website is made available exclusively for general informational purposes. It is not intended to replace or supplement professional legal counseling nor is it intended to inform on all issues that might arise in the Belvedere Homeowners Association. No person, party or organization should act on the basis of the information on this website. The information on the website is liable to change, although the Board will attempt to keep this information current, it cannot assure or guarantee the information is correct, complete or up-to-date. The content on the Website cannot be interpreted as making alterations, changes or contradictions to the Belvedere Homeowners Association Declarations or other deed restrictions.

The Belvedere Homeowners Association assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information on this site. The Belvedere 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 Belvedere Homeowners Association disclaims any liability for damages that may arise from your reliance on any such information or communication).

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

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. Belvedere Homeowners Association shall have no liability for any damage to your computer, including loss of data, that results from your downloading any such materials.

Intellectual Property

This Website may contain information, such as a newsletter, supplied by Belvedere Homeowners Association. The design and Website content such as software, photographs, audio, video, graphics, and other material supplied by the Web designer are protected under copyright, trademark, patent and other intellectual property laws.

Trademarks

You agree not to display or use slogans, logos, or trademarks from this Website, in any manner, without the written permission of Belvedere Homeowners Association.

Copyright 

The Content that Belvedere Homeowners Association provides on this Website, including, but not limited to, text, graphics, images and logos, is owned by either Belvedere Homeowners Association or the party that has provided the Content to us and is protected by international copyright laws. Unauthorized copying of any of this Content could lead to copyright infringement. Belvedere 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. By accessing, participating or otherwise using the Website, you agree to abide by these Terms of Use.

Unless you have entered into an express written contract with Belvedere Homeowners Association to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.

Links and Hyperlinks

Through this Website, you may be able to access links to other websites. Because Belvedere Homeowners Association has no control over such sites, you acknowledge and agree that Belvedere 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. Neither the Belvedere Homeowners Association nor the Board will be held liable for your use of other websites that you visit using links from within the website. These links are provided as a public service to the Homeowners and does not imply an endorsement neither by the Belvedere Homeowners Association or the Board.

If you acquire goods or services from a third party, whether or not the goods or services are used as part of or found through the Services, you agree that your business dealings with that third party are solely between you and the third party. We have no liability for any reason connected with such third party or the goods or services acquired, including, without limitation, complaints or claims concerning failure to perform, defects in goods or services or otherwise.

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.

Claims Against Belvedere Homeowners Association

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

Limitation of Liability

YOU AGREE THAT BELVEDERE 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 BELVEDERE 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; or (c) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THIS WEBSITE.

General

You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. 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 year after such claim or cause of action arose.

Privacy

The Belvedere Homeowners Association is committed to keeping your personal information private. The Belvedere Homeowners Association will not intentionally sell, distribute, or share any sensitive personal information (as defined by Texas Business and Commerce Code §521.002) you provide for commercial purposes. Any personal information we possess will be used toward the purpose of administering the relationship between yourself and The Belvedere Homeowners Association.

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

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 Belvedere Homeowners Association of any unauthorized use of your password or account or any other breach of security. The Belvedere Homeowners Association cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Belvedere Homeowners Association will never willfully disclose any of your personal details. Unfortunately, no data transmission over the Internet is 100% secure. As a result, while we try to protect your personal information, Belvedere Homeowners Association cannot guarantee the security of any information you transmit to us and you do so at your own risk.

Disputes

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

Jurisdiction and Venue

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be Travis County, Texas. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Belvedere Homeowners’ Association address.

Applicable Law

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of Texas.

Contact information

The Owner of this website is Belvedere Homeowners Association, Inc.
Mailing address at the time of this posting:
17400 Flagler Drive
Austin, TX 78738
United States