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Legal Disclaimer and Copyright Information

Terms and Conditions of Use

Introduction

Thank you for your interest in using Racquet Club 20 North Condos (the "COA") website and content (the "Service"). Using the Service, you agree to be bound by the following terms and conditions. If you wish not to be bound by the following terms and conditions, your exclusive remedy is not to use the Service.

The HOA may, in its sole discretion, modify or revise these terms and conditions at any time by updating this web page, and you agree to be bound by these modifications or revisions. Although we will attempt to notify you via your email address when major changes are made, you should visit this page periodically to review the terms.

Use of Material

The contents within the Service are protected by copyright and other laws in both the United States and elsewhere. The Service includes both content owned or controlled by the HOA as well as content owned or controlled by third parties and licensed to the HOA (collectively, the "Materials").

The HOA authorizes you to view and download a single copy of the Materials solely for personal, non-commercial use. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of the HOA. Special rules may apply to using certain software and other items provided via the Services and are noted where appropriate.

If you would like information about obtaining the COA's permission to use any of the Material on your Web site, please send an e-mail to

MUCH OF THE CONTENT OF THE GROUPS INCLUDING THE CONTENTS OF SPECIFIC POSTINGS IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON POSTING IN THAT GROUP. THE HOA DOES NOT MONITOR THE CONTENT OF THE GROUPS AND TAKES NO RESPONSIBILITY FOR SUCH CONTENT. INSTEAD, THE HOA MERELY PROVIDES ACCESS TO SUCH CONTENT AS A SERVICE TO YOU.

By their very nature, Groups may carry offensive, harmful, inaccurate, or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Groups.

No Endorsement. The HOA does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications Posted in the Groups or endorse any opinions expressed in the Groups. You acknowledge that any reliance on material Posted in the Groups will be at your own risk.

No Obligation to Monitor. The HOA does not control the information delivered to the Groups, and the HOA has no obligation to monitor the Groups. However, the HOA 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, for any reason whatsoever, in the HOA's sole discretion.

The COA's Rights. Suppose the HOA discovers communications that allegedly do not conform to any term of this Agreement. In that case, the HOA may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The HOA will have no liability or responsibility for the performance or non-performance of such activities. The HOA reserves the right to terminate or restrict your access to any or all of the Groups without notice for any reason whatsoever.

Privacy. You acknowledge that all Groups are public and not private communications and that others may read your communications without your knowledge. Always use caution when giving out personally identifying information about yourself or your children in any Group. Generally, any communication you post to the Service is considered non-confidential. If particular Web pages permit the submission of communications that the HOA will treat as confidential, that fact will be explicitly stated on those pages. For more information on the HOA's approach to privacy in general, see the HOA's Privacy Policy.

Permitted Uses. You agree that you are responsible for your communications and any consequences thereof. You agree to use the Groups only to send and receive legal, proper, and related messages and material related to the particular Group. By way of example, and not as a limitation, you agree that when using a Group, 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 or offer to do the same (after this "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information.
Post any material that infringes any patent, trademark, copyright, trade secret, or other proprietary right of any party (the "Rights") unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
Post any files that contain viruses, corrupted files, or any similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell any goods or services for any commercial purpose other than in Groups intended for such uses.
Conduct or forward surveys, contests, pyramid schemes, or chain letters other than in Groups intended for such uses.
Download any file posted by another user of a Group that you know, or reasonably should know, that cannot be legally distributed in such manner.
Impersonate another person or entity, or 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 Posted.
Restrict or inhibit any other user from using and enjoying the Groups.

License Grant. By posting communications on or through the Service, you automatically grant the HOA a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.

Copyright Infringement and Copyright Agent

The COA may, in appropriate circumstances and at its discretion, remove or disable access to material on the Web Site that infringes on the rights of others.

Links to Other Sites

The Service contains links to third-party websites maintained by others. These links are provided solely for your convenience and not as an endorsement by the HOA of the contents on such third-party Websites. The HOA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

No Warranties

MUCH OF THE MATERIAL ON THE SERVICE IS PROVIDED BY THIRD PARTIES, AND THE COA SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. THE SERVICE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE HOA AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE HOA AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE HOA DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SERVICE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE HOA IS NOT RESPONSIBLE FOR THOSE COSTS.

Limitation of Liability / Disclaimer of Damages

Your use of the Service is at your own risk. Suppose you are dissatisfied with any of the Materials or other contents of the Service or with these Terms and Conditions, The HOA's Privacy Policy, or other policies. In that case, your sole remedy is to discontinue use of the Service.

IN NO EVENT SHALL THE HOA OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HOA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to defend, indemnify, and hold harmless the HOA, its officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or posting of Material or your breach of the terms of this Agreement (a "Claim"). If a Claim is brought against the HOA, the HOA shall provide notice to you and shall have the right to retain counsel of its choosing to defend against such a Claim. You agree to reimburse the HOA for any costs (including reasonable attorney fees) or damages awards incurred in association with such defense. Furthermore, you agree to cooperate in good faith to assist the HOA in such defense and any settlement negotiations related thereto and to reimburse the HOA for reasonable settlement amounts if any.

Export Control

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you agree that you are not in a country where such export is prohibited and not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.

General

Access to the Materials may not be legal by certain persons or in certain countries. If you access the Service from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

All legal issues arising from or related to the use of the Service shall be construed by and determined by the laws of the State of Texas, United States of America, without regard to it conflict of laws principles. By using this Service, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Service is the United States District Court for Texas, or if such court lacks subject matter jurisdiction, the state courts of Texas encompassed within the geographic scope of Texas. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of these terms and conditions is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such or any other term. Except as expressly provided in a particular "Legal Notice" on particular web pages, this agreement and its referenced parts constitute the entire agreement between you and the HOA concerning the use of Service.