This User Agreement (“Terms”) applies to your access to and use of the website and online services (collectively, the “Website”) provided by the SunRiver St George Community Association, Inc. (“Association,” “We,” “Us,” or “Our”).
By accessing or using Our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use Our Website.
1. Your Access to the Website
The Terms of this Agreement apply to everyone who accesses any portion of the Website.
Only registered users are allowed to use or access the exclusive portions of the Website.
By using the exclusive portions of the Website, you attest that: you are a registered user and you have not been suspended or permanently removed from use of the Website.
You understand that through your use of the Website, you consent to the collection and use of information you submit in registration or posting. The Association uses reasonable security practices, including technical and physical safeguards, to protect the security of Your Personal Data from misuse and unauthorized access and disclosure. Nonetheless, such security measures cannot prevent all loss, misuse, alteration, or unauthorized access or disclosure of Personal Data, and We are not able to guarantee absolute security.
3. Your Use of the Website
Subject to your complete and ongoing compliance with these Terms, the Association grants you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Website.
We reserve all rights not expressly granted to you by these Terms.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not,
without Our written agreement:
1. license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Website
2. modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of
the Website or Content;
3. access the Website or Content in order to build a similar or competitive website, product, or
4. post personal names in any submission; or
5. use inflammatory or derogatory language in any submission.
We are always improving Our Website. This means We may add or remove features, products, or
functionalities; We will try to notify you beforehand, but that won’t always be possible. We reserve
the right to modify, suspend, or discontinue the Website (in whole or in part) at any time, with or
without notice to you. Any future release, update, or other addition to functionality of the Website will
be subject to these Terms, which may be updated from time to time. You agree that We will not be
liable to you or to any third party for any modification, suspension, or discontinuation of the Website
or any part thereof.
4. Your Association Account and Account Security
To use certain features of Our Website, you may be required to create an account (an “Account”) and provide Us with a username, password, and certain other information about yourself.
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify the Association if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account.
You will not license, sell, or transfer your Account.
5. Your Content
The Website may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Website by you or through your Account (“Your Content”). We take no responsibility for and We do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your
By submitting Your Content to the Website, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post
or share Content without all necessary rights.
You grant the Association the following license to use Your Content:
When Your Content is created with or submitted to the Website, you grant Us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for Us to make Your Content available for broadcast, distribution, or publication by other companies, organizations, or individuals who partner with the Association. You also agree that We may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about the Association or Our Website that you provide to Us are entirely voluntary, and you agree that the Association may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although We have no obligation to screen, edit, or monitor Your Content, We may, in Our sole discretion, screen, edit, delete, or remove Your Content at any time and for any reason, including for violating these Terms or if you otherwise create or are likely to create liability for Us.
Submissions are subject to review prior to publication on the Website. The Association, through its Board or an agent duly appointed by the Board, may respond to your submission, though it is not obligated to do so. Submissions must not contain personal names or use inflammatory or derogatory language. They should be of common interest or concern to the Community as a whole. Submissions not in accordance will be returned to the sender for revision and resubmission. Questions or comments of an individual nature should be sent by email to the Board at SR-Board@PMPmanage.com.
6. Third-Party Content, Advertisements, and Promotions
The Website may contain links to third-party websites, products, or services, which may be posted by advertisers, Our affiliates, Our partners, or other users (“Third-Party Content”). Third-Party Content is not under Our control, and We are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Website may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that We may place advertisements in connection with the display of any Content or information on the
Website, including Your Content.
7. Things You Cannot Do
When using or accessing the Website, you must comply with these Terms and all applicable laws, rules, and regulations. You may not do any of the following:
1. Use the Website in any manner that could interfere with, disable, disrupt, overburden, or
otherwise impair the Website;
2. Gain access to (or attempt to gain access to) another user’s Account or any non-public
portions of the Website, including the computer systems or networks connected to or used
together with the Website;
3. Upload, transmit, or distribute to or through the Website any viruses, worms, malicious code,
or other software intended to interfere with the Website, including its security-related
4. Use the Website to violate applicable law or infringe any person’s or entity's intellectual
property rights or any other proprietary rights;
5. Access, search, or collect data from the Website by any means (automated or otherwise)
except as permitted in these Terms or in a separate agreement with the Association; or
6. Use the Website in any manner that We reasonably believe to be an abuse of or fraud on the
Association or any payment system.
7. Use the Website for solicitation of business activity
We encourage you to report content or conduct that you believe violates these Terms. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email SR-Board@PMPmanage.com.
8. Copyright, Trademark, and Takedowns
The Association respects the intellectual property of others and requires that users of Our Website do the same. We have a policy that includes the removal of any infringing material from the Website and for the termination, in appropriate circumstances, of users of Our Website who are repeat
Also, please note that if you knowingly misrepresent that any activity or material on Our Website is infringing, you may be liable to the Association for certain costs and damages.
If We remove Your Content in response to a copyright or trademark notice, We will notify you via the email you provided through your account.
9. Intellectual Property
The Website is owned and operated by the Association. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Website (“Materials”) provided by the Association are protected by intellectual property and other laws. All Materials included in the Website are the property of the Association or its third-party licensors, if any. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by using the Website or downloading Materials. Except as expressly authorized by the Association, you may not make use of the Materials. The Association reserves all rights to the Materials not granted expressly in these Terms.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold the Association, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “the Association Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Website, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify Us, and you agree to cooperate with Our defense of these claims.
11. Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ASSOCIATION ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. THE ASSOCIATION DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE THE ASSOCIATION ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL ANY OF THE ASSOCIATION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE ASSOCIATION ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID THE ASSOCIATION IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE ASSOCIATION ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
12. Disputes, Governing Law, and Venue
We want you to enjoy the Website, so if you have an issue or dispute, you can contact Us with feedback and concerns by emailing SR-Board@PMPmanage.com. If your issue or dispute cannot be resolved informally, you agree to raise it and try to resolve it with Us through the Association’s alternative dispute process as provided in the Association’s governing documents, as that term is defined in Utah Code Ann. 57-8a-102(10). All costs and expenses incurred in connection with any such proceeding (including reasonable attorney fees) shall be borne by the party against which the decision is rendered, or if no decision is rendered, such costs and expenses shall be borne equally
by the parties.
To the extent permitted by federal law, the laws of Utah (other than its conflict of law rules) will apply in the absence of applicable federal law.
Notwithstanding anything to the contrary provided herein, should legal action be necessary to enforce, construe, cancel, terminate, rescind or recover for the breach of the provisions of these Terms, the prevailing party shall be entitled to recover all costs of suit, including reasonable
attorneys’ fees incurred therein and herewith.
13. Changes to these Terms
We may make changes to these Terms from time to time. If We make changes, We will post the revised Terms and update the Effective Date above. If the changes, in Our sole discretion, are material, We may also notify you by sending an email to the address associated with your Account or posting explanation of these changes on the Website. By continuing to access or use the Website on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using Our Website before the changes become effective.
You may terminate your Account and discontinuing use of the Website. If you stop using the Website without deactivating your Account, your Account may be deactivated due to prolonged inactivity. However, the provisions of this Agreement, including the alternative dispute resolution provisions, shall survive any such termination.
To the fullest extent permitted by applicable law, We may suspend or terminate your Account, or ability to access or use the Website at any time for any or no reason, including for violating these Terms.
The following sections will survive any termination of these Terms or of your Account: 5 (Your Content), 7 (Things You Cannot Do), 10 (Indemnity), 11 (Disclaimers and Limitation of Liability), 12 (Governing Law and Venue), 14 (Termination), and 15 (Miscellaneous).
These Terms constitute the entire agreement between you and Us regarding your access to and use of the Website. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without Our consent. We may freely assign any of Our rights and obligations under these Terms.
These Terms are a legally-binding agreement between you and the Association.