AGREEMENT BETWEEN USER AND
THE NORTH PASADENA HEIGHTS NEIGHBORHOOD ASSOCIATION
The North Pasadena Heights
Neighborhood Association Web Site (www.pasadenaheights.org)
is comprised of various Web pages operated by the North Pasadena Heights
Neighborhood Association.
The North Pasadena Heights
Neighborhood Association Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the North Pasadena Heights Neighborhood Association Web
Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS
OF USE
North Pasadena Heights
Neighborhood Association reserves the right to change the terms, conditions,
and notices under which the North Pasadena Heights Neighborhood Association Web
Site is offered, including but not limited to the charges associated with the
use of the North Pasadena Heights Neighborhood Association Web Site.
LINKS TO THIRD PARTY SITES
The North Pasadena Heights
Neighborhood Association Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of North
Pasadena Heights Neighborhood Association and North Pasadena Heights Neighborhood
Association is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. North Pasadena Heights Neighborhood Association is
not responsible for web casting or any other form of transmission received from
any Linked Site. North Pasadena Heights Neighborhood Association is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by North Pasadena Heights Neighborhood Association of the
site or any association with its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use
of the North Pasadena Heights Neighborhood Association Web Site, you warrant to
North Pasadena Heights Neighborhood Association that you will not use the North
Pasadena Heights Neighborhood Association Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use
the North Pasadena Heights Neighborhood Association Web Site in any manner,
which could damage, disable, overburden, or impair the North Pasadena Heights
Neighborhood Association Web Site or interfere with any other party's use and
enjoyment of the North Pasadena Heights Neighborhood Association Web Site. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the North
Pasadena Heights Neighborhood Association Web Sites.
USE OF COMMUNICATION
SERVICES
The North Pasadena Heights
Neighborhood Association Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
* Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
* Publish,
post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
* Upload
files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
* Upload
files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
* Advertise
or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages.
* Conduct
or forward surveys, contests, pyramid schemes or chain letters.
* Download
any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such manner.
* Falsify
or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
* Restrict
or inhibit any other user from using and enjoying the Communication Services.
* Violate
any code of conduct or other guidelines, which may be applicable for any
particular Communication Service.
* Harvest
or otherwise collect information about others, including e-mail addresses,
without their consent.
* Violate
any applicable laws or regulations.
North Pasadena Heights
Neighborhood Association has no obligation to monitor the Communication
Services. However, North Pasadena Heights Neighborhood Association reserves the
right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. North Pasadena Heights Neighborhood
Association reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
North Pasadena Heights
Neighborhood Association reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in North Pasadena Heights
Neighborhood Association s sole discretion.
Always use caution when
giving out any personally identifying information about yourself or your
children in any Communication Service. North Pasadena Heights Neighborhood
Association does not control or endorse the content, messages or information
found in any Communication Service and, therefore, North Pasadena Heights
Neighborhood Association specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation in
any Communication Service.
Materials uploaded to a
Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO North
Pasadena Heights Neighborhood Association OR POSTED AT ANY North Pasadena
Heights Neighborhood Association WEB SITE
North Pasadena Heights
Neighborhood Association does not claim ownership of the materials you provide
to North Pasadena Heights Neighborhood Association (including feedback and
suggestions) or post, upload, input or submit (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting North Pasadena Heights Neighborhood
Association permission to use your Submission including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid
with respect to the use of your Submission, as provided herein. North Pasadena
Heights Neighborhood Association is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in North
Pasadena Heights Neighborhood Association s sole discretion.
By posting, uploading,
inputting, providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights necessary for you
to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NORTH PASADENA
HEIGHT NEIGHBORHOOD ASSOCIATION WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
NORTH PASADENA HEIGHT NEIGHBORHOOD ASSOCIATION AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE NORTH PASADENA HEIGHT NEIGHBORHOOD
ASSOCIATION WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE NORTH PASADENA HEIGHT
NEIGHBORHOOD ASSOCIATION WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NORTH PASADENA HEIGHT
NEIGHBORHOOD ASSOCIATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
NORTH PASADENA HEIGHT NEIGHBORHOOD ASSOCIATION WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. NORTH PASADENA HEIGHT NEIGHBORHOOD
ASSOCIATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NORTH PASADENA HEIGHT
NEIGHBORHOOD ASSOCIATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE NORTH PASADENA HEIGHT NEIGHBORHOOD ASSOCIATION WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE NORTH PASADENA HEIGHT NEIGHBORHOOD ASSOCIATION WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE NORTH PASADENA HEIGHT NEIGHBORHOOD ASSOCIATION WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE NORTH PASADENA HEIGHT NEIGHBORHOOD ASSOCIATION
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF NORTH PASADENA HEIGHT NEIGHBORHOOD ASSOCIATION OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NORTH PASADENA HEIGHT
NEIGHBORHOOD ASSOCIATION WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NORTH PASADENA HEIGHT
NEIGHBORHOOD ASSOCIATION WEB SITE.
SERVICE CONTACT: admin@pasadenaheights.org
TERMINATION/ACCESS
RESTRICTION
North Pasadena Heights
Neighborhood Association reserves the right, in its sole discretion, to
terminate your access to the North Pasadena Heights Neighborhood Association
Web Site and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement is
governed by the laws of the State of California, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in Los Angeles County,
California, U.S.A. in all disputes arising out of or relating to the use of the
North Pasadena Heights Neighborhood Association Web Site. Use of the North
Pasadena Heights Neighborhood Association Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and North Pasadena Heights Neighborhood Association as a result of this
agreement or use of the North Pasadena Heights Neighborhood Association Web
Site. North Pasadena Heights Neighborhood Association s performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of North Pasadena Heights Neighborhood
Association s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the North Pasadena Heights
Neighborhood Association Web Site or information provided to or gathered by
North Pasadena Heights Neighborhood Association with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and North Pasadena Heights Neighborhood Association with respect to the
North Pasadena Heights Neighborhood Association Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and North Pasadena Heights Neighborhood
Association with respect to the North Pasadena Heights Neighborhood Association
Web Site. 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 an d subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents are drawn up in English.