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University
Heights Community Association Terms &
Conditions
Updated:
August 18, 2006
PLEASE READ THESE TERMS AND CONDITIONS
OF SERVICE (“TERMS”) BEFORE USING THIS
SITE. By continuing to access or use
this site or any service on this site,
you signify your acceptance of the
TERMS. From time to time, University
Heights Community Association. (“UHCA”) may
modify the TERMS. Accordingly, please
continue to review the TERMS whenever
accessing or using this site. Your use
of this site, or any service on the
site, after the posting of modifications
to the TERMS will constitute your
acceptance of the TERMS, as modified.
If, at any time, you do not wish to
accept the TERMS, you may not use the
site. Any terms or conditions proposed
by you that are in addition to or which
conflict with the TERMS are expressly
rejected by UHCA and shall be of no force
or effect.
1. User Assent to Terms and Conditions
of Service. You represent that you have
read and agree to be bound by the TERMS
for UHCA. You further agree: (i) to
comply with applicable U.S. federal,
state, local, and foreign laws and
regulations regarding the transmission
of any data obtained from the Service
(as defined herein) in accordance with
the TERMS; (ii) not to use the Service
for illegal purposes; and (iii) not to
interfere or disrupt networks connected
to the Service.
2. Disclaimer. All content provided on
this Web site is based upon information
which we believe to be reliable and
should be understood to be general
insurance information only. It is not
intended to be taken as advice with
respect to any individual situation and
cannot be relied upon as such. Insureds
should consult their insurance advisors
with respect to individual coverage
issues.
3. Intellectual Property. This Web site,
including but not limited to text,
content, photographs, video, audio and
graphics (the "Service"), is protected
by copyrights, trademarks, service
marks, international treaties and/or
other proprietary rights and laws of the
U.S. and other countries. The Service is
also protected as a collective work or
compilation under U.S. copyright and
other laws and treaties. All individual
articles, columns and other elements
making up the Service are also
copyrighted works. The trademarks,
service marks, trade names, trade dress,
logos, designs, and sounds associated
with this Web site are owned by UHCA, or
third parties who have authorized their
use. You agree to abide by all
applicable copyright, trademark, and
other laws, as well as any additional
copyright notices or restrictions
contained in the Service. You agree to
notify UHCA in writing promptly upon
becoming aware of any unauthorized
access or use of the Service by any
party.
4. Restrictions on Use. You may not use
the Service for any illegal purpose or
in any manner inconsistent with the
TERMS. You agree to use the Service
solely for your personal use and benefit
or that of your organization, and not
for resale or other transfer to, or use
by or for the benefit of, any other
person or entity. You agree not to use,
transfer, distribute or dispose of any
information contained in the Service in
any manner that could compete with the
business of UHCA. You acknowledge that
the Service has been developed,
compiled, prepared, revised, selected
and arranged by UHCA and others
(including certain other information
sources) through the application of
methods and standards of judgment
developed and applied through the
expenditure of substantial time, effort
and money and constitutes valuable
intellectual property and trade secrets
of UHCA and such others. You agree to
protect the proprietary rights of UHCA
and all others having rights in the
Service during and after the term of
this agreement and to comply with all
reasonable written requests made by UHCA
or its suppliers of content, equipment
or otherwise ("Suppliers") to protect
their and others' contractual, statutory
and common law rights in the Service.
You agree to notify UHCA in writing
promptly upon becoming aware of any
unauthorized access or use of the
Service by any party or of any claim
that the Service infringes upon any
copyright, trademark or other
contractual, statutory or common law
rights.
5. Further Restrictions on Use. YOU MAY
NOT COPY, REPRODUCE, RECOMPILE,
DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY,
PERFORM, MODIFY, UPLOAD TO, CREATE
DERIVATIVE WORKS FROM, TRANSMIT OR IN
ANY WAY EXPLOIT ANY PART OF THE SERVICE,
EXCEPT THAT YOU MAY DOWNLOAD MATERIAL
FROM THE SERVICE AND/OR MAKE PRINT
COPIES FOR USE BY YOU AND/OR WITHIN YOUR
ORGANIZATION, PROVIDED THAT ALL COPIES
RETAIN ALL COPYRIGHT AND OTHER
PROPRIETARY NOTICES. THE ANALYSIS AND
PRESENTATION INCLUDED IN THE SERVICE MAY
NOT BE RECIRCULATED, REDISTRIBUTED OR
PUBLISHED BY YOU WITHOUT UHCA’S PRIOR
WRITTEN CONSENT. MODIFICATION OF THE
SERVICE'S CONTENT WOULD BE A VIOLATION
OF UHCA’S COPYRIGHT AND OTHER PROPRIETARY
RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER
ANY PART OF THE SERVICE FOR SALE OR
DISTRIBUTE IT OVER ANY OTHER MEDIUM
INCLUDING BUT NOT LIMITED TO
OVER-THE-AIR TELEVISION OR RADIO
BROADCAST, A COMPUTER NETWORK OR
HYPERLINK FRAMING ON THE INTERNET
WITHOUT THE PRIOR WRITTEN CONSENT OF
UHCA.
THE SERVICE AND THE INFORMATION
CONTAINED THEREIN MAY NOT BE USED TO
CONSTRUCT A DATABASE OF ANY KIND. NOR
MAY THE SERVICE BE STORED (IN ITS
ENTIRETY OR IN ANY PART) IN DATABASES
FOR ACCESS BY YOU OR ANY THIRD PARTY OR
TO DISTRIBUTE ANY DATABASE SERVICES
CONTAINING ALL OR PART OF THE SERVICE.
YOU MAY NOT USE THE SERVICE IN ANY WAY
TO IMPROVE THE QUALITY OF ANY DATA SOLD
OR CONTRIBUTED BY YOU TO ANY THIRD
PARTY. FURTHERMORE, YOU MAY NOT USE ANY
OF UHCA’S NAMES OR MARKS IN ANY MANNER
THAT CREATES THE IMPRESSION SUCH NAMES
OR MARKS BELONG TO OR ARE ASSOCIATED
WITH YOU OR IMPLY ANY ENDORSEMENT BY
UHCA,
AND YOU ACKNOWLEDGE THAT YOU HAVE NO
OWNERSHIP RIGHTS IN AND TO ANY OF THESE
NAMES OR MARKS. YOU WILL NOT USE THE
SERVICE, THE INFORMATION CONTAINED
THEREIN OR ANY OF UHCA'S NAMES OR MARKS
IN UNSOLICITED MAILINGS OR SPAM MATERIAL
AND WILL NOT SPAM OR SEND UNSOLICITED
MAILINGS TO ANY PERSON OR ENTITY USING
THE SERVICE.
6. License. You acquire no rights or
licenses in or to the Service and
materials contained therein other than
the limited right to utilize the Service
in accordance with the TERMS.
7. Linking And Framing. UHCA prohibits
caching this Web site, unauthorized
hypertext links to this Site, and the
framing of any materials available
through this Site. UHCA reserves the
right to disable any unauthorized links
or frames and specifically disclaims any
responsibility for the contents of any
other Internet sites linked to this
Site. Other internet sites which are
linked to this Web site have their own
terms and conditions of use and privacy
policies. Access to any other Internet
sites linked to this Web site is at your
own risk and UHCA expressly disclaims any
and all liability related to such Web
sites.
8. Linking - Additional Terms. (1) By
linking to this Web site, you represent
that you have read and agree to be bound
by the TERMS. (2) Upon linking to this
site pursuant to the Terms, you will be
granted a non-exclusive,
non-transferable, royalty-free license
to use the UHCA name solely for providing
an underlined, textual link from your
Web site to www.UHCA, and for no other
use. (3) You may include a link(s) on
your Web site only to the UHCA home page,
currently located at http://www.uhsd.org
("Home Page") provided that you first
send to UHCA via email to info@uhsd.org:
(a) your name or the name of the
technical contact responsible for the
link(s); (b) the name of your company;
(c) the email address and telephone
number for you or the technical contact
responsible for the link(s); and (d) the
Web site address(es) where the link(s)
to the Home Page will appear. (4)
Without specific, written consent by
UHCA,
you may not link to an internal or
subsidiary page of this Web site that is
located one or several levels down from
the Home Page ("deep link"), or bring up
or present content of this Web site
within another Web site ("frame").
9. Rights Reserved. All present and
future rights in and to trade secrets,
patents, copyrights, trade names,
trademarks, service marks, databases,
know-how and other proprietary rights of
any type under the laws of any
governmental authority, domestic or
foreign, including rights in and to all
applications and registrations relating
to the Service shall, as between you and
UHCA, at all times be and remain the sole
and exclusive property of UHCA. All
present and future rights in and title
to the Service (including the right to
exploit the Service and any portions of
the Service over any present or future
technology) are reserved to UHCA.
10. Disclaimer and Limitation of
Liability. YOU AGREE THAT YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK AND
ACKNOWLEDGE THAT THE SERVICE AND
ANYTHING CONTAINED THEREIN, INCLUDING,
BUT NOT LIMITED TO, CONTENT, SERVICES,
GOODS OR ADVERTISEMENTS (THE "ITEMS")
ARE PROVIDED "AS IS" AND THAT
UHCA MAKES
NO WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE ITEMS, INCLUDING, BUT
NOT LIMITED TO, MERCHANTABILITY,
NONINFRINGEMENT, TITLE OR FITNESS FOR A
PARTICULAR PURPOSE OR USE. UHCA DOES NOT
WARRANT THAT THE SERVICE IS COMPATIBLE
WITH YOUR EQUIPMENT OR IS FREE OF ERRORS
OR VIRUSES, WORMS OR "TROJAN HORSES" AND
IS NOT LIABLE FOR ANY DAMAGE YOU MAY
SUFFER AS A RESULT OF SUCH DESTRUCTIVE
FEATURES. YOU AGREE THAT UHCA, ITS
SUPPLIERS AND ITS THIRD-PARTY AGENTS
SHALL HAVE NO RESPONSIBILITY OR
LIABILITY FOR: (I) ANY INJURY OR
DAMAGES, WHETHER CAUSED BY THE
NEGLIGENCE OF UHCA, ITS EMPLOYEES,
SUBCONTRACTORS, AGENTS, SUPPLIERS OR
OTHERWISE ARISING IN CONNECTION WITH THE
SERVICE; OR (II) ANY FAULT, INACCURACY,
OMISSION, DELAY OR ANY OTHER FAILURE IN
THE SERVICE CAUSED BY YOUR COMPUTER
EQUIPMENT OR ARISING FROM YOUR USE OF
THE SERVICE ON SUCH EQUIPMENT. THE
CONTENT OF OTHER WEB SITES, SERVICES,
GOODS OR ADVERTISEMENTS THAT MAY BE
LINKED TO THE SERVICE IS NOT MAINTAINED
OR CONTROLLED BY UHCA. UHCA IS THEREFORE
NOT RESPONSIBLE FOR THE AVAILABILITY,
CONTENT OR ACCURACY OF OTHER WEB SITES,
SERVICES OR GOODS THAT MAY BE LINKED TO,
OR ADVERTISED ON, THE SERVICE. UHCA DOES
NOT: (A) MAKE ANY WARRANTY, EXPRESS OR
IMPLIED, WITH RESPECT TO THE USE OF THE
LINKS PROVIDED ON, OR TO, THE SERVICE;
(B) GUARANTEE THE ACCURACY,
COMPLETENESS, USEFULNESS OR ADEQUACY OF
ANY OTHER WEB SITES, SERVICES, GOODS OR
ADVERTISEMENTS THAT MAY BE LINKED TO THE
SERVICE; OR (C) MAKE ANY ENDORSEMENT,
EXPRESS OR IMPLIED, OF ANY OTHER WEB
SITES, SERVICES, GOODS OR ADVERTISEMENTS
THAT MAY BE LINKED TO THE SERVICE. UHCA
IS ALSO NOT RESPONSIBLE FOR THE
RELIABILITY OR CONTINUED AVAILABILITY OF
THE TELEPHONE LINES AND EQUIPMENT YOU
USE TO ACCESS THE SERVICE. YOU
UNDERSTAND THAT UHCA AND/OR THIRD-PARTY
CONTRIBUTORS TO THE SERVICE MAY CHOOSE
AT ANY TIME TO INHIBIT OR PROHIBIT THEIR
CONTENT FROM BEING ACCESSED UNDER THE
TERMS.
11. Limitation of Liability. YOU AGREE
THAT UNDER NO CIRCUMSTANCES, INCLUDING
BUT NOT LIMITED TO NEGLIGENCE, SHALL
UHCA,
ITS SUPPLIERS OR ITS THIRD-PARTY AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR
DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED
REPRESENTATIVE OF UHCA HAS BEEN ADVISED
SPECIFICALLY OF THE POSSIBILITY OF SUCH
DAMAGES, ARISING FROM USE OF OR
INABILITY TO USE THE SERVICE OR ANY
LINKS OR ITEMS ON THE SERVICE OR ANY
PROVISION OF THE TERMS, SUCH AS, BUT NOT
LIMITED TO, LOSS OF REVENUE OR
ANTICIPATED PROFITS OR LOST BUSINESS.
THIS LIMITATION ON LIABILITY INCLUDES,
BUT IS NOT LIMITED TO, THE TRANSMISSION
OF ANY VIRUSES WHICH MAY INFECT A USER’S
EQUIPMENT, FAILURE OF MECHANICAL OR
ELECTRONIC EQUIPMENT OR COMMUNICATION
LINES, UNAUTHORIZED ACCESS, OR ANY FORCE
MAJEURE. UHCA CANNOT AND DOES NOT
GUARANTEE CONTINUOUS, UNINTERRUPTED OR
SECURE ACCESS TO THE SITE. (Applicable
law may not allow the limitation or
exclusion of liability or incidental or
consequential damages.)
12. Representations and Warranties. You
represent, warrant and covenant that
you: (i) have the power and authority to
enter into this agreement; (ii) are at
least eighteen (18) years old; (iii)
shall not use any rights granted
hereunder for any unlawful purpose; and
(iv) shall use the Service only as set
forth in these TERMS.
13. Indemnification. You agree, at your
own expense, to indemnify, defend and
hold harmless UHCA and its employees,
representatives, Suppliers and agents,
against any claim, suit, action or other
proceeding, to the extent based on or
arising in connection with your use of
the Service, or any links on the
Service, including, but not limited to:
(i) your use or someone using your
computer's use of the Service; (ii) a
violation of the TERMS by you or anyone
using your computer; (iii) a claim that
any use of the Service by you or someone
using your computer infringes any
copyright, trademark, or other
intellectual property right of any third
party, or any right of personality or
publicity, is libelous or defamatory, or
otherwise results in injury or damage to
any third party; (iv) any deletions,
additions, insertions or alterations to,
or any unauthorized use of, the Service
by you or someone using your computer;
or (v) any misrepresentation or breach
of representation, warranty or covenant
made by you contained herein. You agree
to pay any and all costs, damages and
expenses (including reasonable
attorneys’ fees) and costs awarded
against or incurred by or in connection
with or arising from any such claim,
suit, action or proceeding.
14. Termination. Either you or
UHCA may
terminate this agreement with or without
cause at any time and effective
immediately. You may terminate by
discontinuing use of the Service and
destroying all materials obtained from
the Service. This agreement will
terminate immediately without notice
from UHCA if UHCA determines, in its sole
discretion that you have failed to
comply with any provision of these
TERMS. Upon termination by you or upon
notice of termination by UHCA, you must
promptly destroy all materials obtained
from the Service and any copies thereof.
Sections 2, 3, 7, 8, 9, 10, 11, 12, 13,
14, and 15 shall survive any termination
of this agreement.
15. Governing Law. These TERMS shall be
governed and construed in accordance
with the laws of the United States of
America and the State of California,
without giving effect to
conflicts-of-law principles thereof. You
agree to submit to the personal
jurisdiction of the state and federal
courts located in San Diego County with
respect to any legal proceedings arising
out of this agreement and waive any
objection to the propriety or
convenience of venue in such courts. You
agree that regardless of any statute or
law to the contrary, any claim or cause
of action arising out of or related to
use of this Site or these terms and
conditions must be filed within one (1)
year after such claim or cause of action
arose. If any provision of the TERMS is
found by a court of competent
jurisdiction to be invalid or
unenforceable, such provision shall be
enforced to the maximum extent
permissible and the other provisions of
the TERMS shall remain in full force and
effect.
16. Access Outside the United States. If
you choose to access the Service from
outside the United States, you are
responsible for compliance with foreign
and local laws. UHCA does not provide
insurance brokerage, third party
administrator, or other services to
governments, governmental agencies,
other groups, individuals, or any of
their agents which are subject to U.S.
trade sanctions, including, without
limitation, to the following Embargoed
Persons: (i) governments, government
agencies, businesses organized in, and
nationals or residents of any embargoed
governments or regimes or (ii) to anyone
on the U.S. Treasury Department's Office
of Foreign Asset Control’s lists of
Specially Designated Nationals,
Specially Designated Global Terrorists,
and Foreign Terrorist Organizations. By
using the Service, you represent and
warrant that you are not an Embargoed
Person and are not controlled by or
acting as an agent of any such an
Embargoed Person.
17. Miscellaneous. You acknowledge that
UHCA has the right to change the content
or technical specifications of any
aspect of the Service at any time at
UHCA's sole discretion. You further
accept that such changes may result in
your being unable to access the Service.
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