Tahoe Lakefront Owners' Association
LAST UPDATED: 11/28/2012
By using this Tahoe Lakefront Owners' Association's (hereafter referred to as
"TLOA") website, you agree to be bound by the following terms below and are
legally bound by this binding agreement (referred to below as "Agreement").
This site (hereafter referred to as "Site") together with any potential successor
site(s) is operated by TLOA ("we" or "TLOA" or "our" or "us"). Your use of the Site
access the Site (including through the Internet, linked from another website,
linked from TLOA, linked through www.tloa.net, through Wireless Access
Protocol (commonly referred to as "WAP"), through a mobile network, or
2. Acceptance of Terms
By using the Site, you agree to the terms of this Agreement and to any additional
rules, terms and guidelines that we post on the Site now or in the future. We
may make changes to this Agreement from time to time and will not notify you of
such changes but will post a revised version of this Agreement on the Site. You
will see when we last changed this Agreement by looking at the "LAST
UPDATED" date at the top of the Agreement. Your use of the Site following
changes to this Agreement will mean that you accept the changes. We may, at
any time, change, edit, delete, refuse to provide any user with access to this Site,
charge, modify, or waive fees required to use the Site, and/or offer opportunities
to some or all Site users.
The Site is controlled and operated from the United States, and is not intended to
subject us to non-U.S. jurisdiction or laws. The Site may not be appropriate or
available for use in some jurisdictions outside of California or the United States. If
you access the Site, you do so at your own risk, and you are responsible for
complying with all local laws, rules, and regulations. We may limit the Site's
availability, in whole or in part, to any person, geographic area, or jurisdiction we
choose, at any time and in our sole discretion. If there is ever a dispute about this
Agreement, the venue of the court who will hear this dispute shall be located in
the county of Sacramento, California, USA and the laws of the state of California
4. Description of the Services
We provide users of the Site with access to general information and among other
things, links to third-party websites (hereafter referred to as "Services"). EVEN
THOUGH THE INFORMATION ON THE SITE MAY CONCERN
RECOMMENDATION, LINKS, OR CONCERNS LEGAL ISSUES, IT DOES NOT
CONSITUTE ANY RECOMMENDATION, GUARANTEE OF SERVICES, NOR
LEGAL ADVICE. TLOA DOES NOT REPRESENT THAT THE INFORMATION
ON THIS SITE IS ACCURATE. Neither receipt of information presented on this
Site nor any email or other electronic communication sent through this Site, and
any such email or communication will NOT be treated as confidential. No user of
this Site should act or refrain from acting on the basis of information included on
this Site without seeking proper legal advice of counsel in the relevant
jurisdiction. We expressly disclaim all liability in respect of actions taken or not
taken based on any contents of this Site.
5. Information You Submit
Your submission of information through the Site is governed by our Privacy
Policy. If you voluntarily choose to make any of your personally identifiable or
other information publicly available on the Site, you do so at your own risk.
6. Rules of Conduct
While using the Site you agree to comply with all applicable laws, rules, and
regulations. We expect users of the Site to respect the rights and dignity of
others. Your use of the Site is conditioned on your compliance with the rules of
may result in termination of your access to the Site.
You agree that you will not:
a. Use the Site for any fraudulent or unlawful purpose.
b. Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights of others, including without limitation others' privacy rights or rights of
publicity, or harvest or collect personally identifiable information about other
users of the Site.
c. Impersonate any person or entity, falsely state or otherwise misrepresent your
affiliation with any person or entity in connection with the Site; or express or imply
that I endorse any statement you make.
d. Interfere with or disrupt the operation of the Site or the servers or networks
used to make the Site available; or violate any requirements, procedures, policies
or regulations of such networks.
e. Transmit or otherwise make available in connection with the Site any virus,
worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code,
file, or program that is harmful or invasive or may or is intended to damage or
hijack the operation of, or to monitor the use of, any hardware, software, or
f. Restrict or inhibit any other person from using the Site (including without
limitation by hacking or defacing any portion of the Site).
g. Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any
commercial purposes, any portion of, use of, or access to the Site.
h. Modify, adapt, translate, reverse engineer, decompile, or disassemble any
portion of the Site.
i. Remove any copyright, trademark, or other proprietary rights notice from the
Site or materials originating from the Site.
j. Frame or mirror any part of the Site without our express prior written consent.
k. Create a database by systematically downloading and storing Site content.
l. Use any robot, spider, site search/retrieval application or other manual or
automatic device to retrieve, index, "scrape," "data mine," or in any way gather
Site content or reproduce or circumvent the navigational structure or presentation
of the Site without our express prior written consent. Notwithstanding the
foregoing, I grant the operators of public online search engines limited
permission to use search retrieval applications to reproduce materials from the
Site for the sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of such materials solely in connection with
each operator's public online search service. We reserve the right to revoke
these exceptions either generally or in specific instances.
7. Accuracy of Information
We attempt to make sure that information on this Site is complete, accurate, and
current BUT TLOA does not guarantee that it is complete, relevant, accurate, and
up to date. The information on this Site may occasionally be inaccurate,
incomplete, or out of date. We make no representation as to the completeness,
accuracy, or currentness of any information on this Site.
TLOA DOES NOT REPRESENT THAT THE INFORMATION ON THIS SITE IS
8. Proprietary Rights
Information and materials on this Site may be protected by copyright, trademark,
patent, and/or other proprietary rights and laws. Except as expressly authorized
in advance by TLOA you agree not to reproduce, modify, rent, lease, loan, sell,
distribute or create derivative works based on, all or any part of the Site or any
information or materials made available through the Site.
UNAUTHORIZED USE OF ANY SERVICE, INCLUDING, WITHOUT
LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT
YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT
LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT
LIMITATION, FOR COPYRIGHT INFRINGEMENT.
This Site may have links to other websites and online resources. We are not
responsible for and do not endorse such external sites or resources. Other sites
may link to the Site with or without our authorization, and we may block any links
to or from the Site. YOUR USE OF THIRD-PARTY SITES AND RESOURCES
Site directly from a third-party site; if you do link to the Site (whether using such
tools or otherwise), you agree that you will disable and remove any such link
promptly upon our request.
10. Limitations of Liability and Disclaimers
THE SITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS
MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS"
WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY
KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED
REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH
RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, AND
MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE
REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR
WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE
ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR
SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND
YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A)
OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES
(INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE
THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND
SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE.
YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL
RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY
RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF
ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF
ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR
LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER
INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE
PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR
UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD
PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR
LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY
KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY
INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP
USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE
TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR
LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR
LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT
SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW
PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY'S LIABILITY
WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH
PARTY'S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH
PARTY'S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT
OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
We do not guarantee that the Site will be secure or that any use of the Site will
be uninterrupted. Additionally, third parties may make unauthorized alterations to
the Site. If you become aware of any unauthorized third party alterations to the
Site please contact us at firstname.lastname@example.org with a description of the material(s) at
issue and the URL or location of such materials.
Except to the extent prohibited under applicable law, you agree to defend,
indemnify and hold us or our affiliates harmless from and against all claims,
losses, costs, and expenses (including attorneys' fees) arising out of (a) your use
of, or activities in connection with, the Site or (b) any violation of this Agreement
This Agreement is effective until terminated by TLOA. We may, at any time and
for any reason, terminate your access to or use of the Site. If we terminate your
access to the Site, you will not have the right to bring claims against us or our
affiliates with respect to such termination. Neither our affiliates nor us shall not
be liable for any termination of your access to the Site or to any such information
or files, and (except as may be required under mandatory applicable law) shall
not be required to make such information or files available to you after any such
termination. We may take steps that we believe are appropriate to enforce or
verify compliance with any part of this Agreement (including our right to
cooperate with any legal process relating to your use of the Site or any third-party
claim that your use of the Site is unlawful or infringes such third party's rights).
13. Governing Law; Dispute Resolution.
You hereby agree that this Agreement (and any claim or dispute arising in
connection with this Agreement or your use of the Site) is governed by and shall
be construed in accordance with the laws of the State of California, U.S.A.,
without regard to its principles of conflicts of law, and you consent to the
exclusive jurisdiction of the federal and state courts located in SACRAMENTO
COUNTY, California, U.S.A., and waive any jurisdictional, venue, or inconvenient
forum objections thereto.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that
parental control protections are commercially available that may assist you in
limiting access to material that is harmful to minors. Information identifying
current providers of such protections is available at: http://kids.getnetwise.org/
and http://onguardonline.gov/. Please note that we do not endorse any of the
products or services listed at these sites.
15. Information or Complaints
If you have a question or complaint regarding the Site, please feel free to contact
us via email at email@example.com Email communications are not necessarily secure,
so please do not include sensitive information in any email to us.
15. Ability to Enter Into This Agreement
By using the Site, you affirm that you are over the age of 18 and have the
capacity enter into this Agreement or, if you are not, that you have obtained
parental or guardian consent to enter into this Agreement. Children under the
age of 13 are not allowed to use this Site.
16. Contact Information
If you have any questions regarding the meaning or application of this
Agreement, please direct such questions to firstname.lastname@example.org. Email communications
are not necessarily secure, so please do not include sensitive information in any
email to us.
Any dispute(s) related to the use of this Site or this Agreement that has or arises
in the future shall be subject to Arbitration. You agree to give up your right to a
trial and right to a trial by a jury. You also agree that claims may only be brought
on an individual basis and not as a plaintiff or class member. The Arbitrator may
combine all claims to one action.
If any provision of this Agreement is held unenforceable, then such provision will
be modified to reflect the parties' intention. All remaining provisions of this
Agreement shall remain in full force and effect.
Any payments made through the Site will be posted within 5 business days.
20. Refund Policy
There are no refunds allowed except at the sole discretion of TLOA. All refund
requests must be received within 7 days of payment. Should TLOA decide to
refund you at the discretion of TLOA, the refund may be in a different method of
payment at the sole discretion of TLOA. A refund request may take days or more
depending on our payment processor.
This Agreement does not create any partnership, joint venture, employer-
employee, agency, or franchisor-franchisee relationship between you and us. If
any provision of this Agreement is found to be unenforceable, that provision will
not affect the validity and enforceability of any other provision. You may not
assign, transfer, or sublicense any or all of your rights or obligations under this
Agreement without our express prior written consent. No waiver by either party
of any breach or default hereunder will be deemed to be a waiver of any
preceding or subsequent breach or default.
We may also provide notice of changes to this Agreement or other matters by
displaying such notices or by providing links to such notices. You agree that a
printed version of this Agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings, based upon or relating to
this Agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. We will not be responsible for failure to fulfill any obligation due to causes
beyond our control department or office concerned.