Leisure Village West Website Terms & Conditions Date: Page 1
Leisure Village West Association, Inc.
General Terms of Use
Date: March 1, 2024
Version: 1.0
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE.
You are currently viewing a page of the Leisure Village West Association, Inc. (the “Association”) website or a related website or mobile application (“Site”) belonging to the Association or one of its direct or indirect subsidiaries (collectively, the “The Association”). These General Terms of Use (“Terms of Use”) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site (“Services”). “You” and “your” refer to any person who accesses or uses the Site or Services. The Site is intended for individuals who are at least 13 years old. If you are under the age of 13 years old, please do not access this Site.
The Association reserves the right to modify these Terms of Use at any time without notice. Any change to these Terms of Use will be effective upon posting of such updated Terms of Use on the Site. The most current version of the Terms of Use will be uploaded here when published. By continuing to access or use the Services after the date of any change to these Terms of Use, you agree to be bound by such terms contained in the most recent version of these Terms of Use. The Association reserves the right to modify or terminate the Services or to terminate your access to the Site, in whole or in part, at any time.
Trademarks, Copyrights, and Restrictions On Use
All trademarks, service marks, trade names, trade dress and related intellectual property rights in the Services are proprietary to The Association or our licensors or licensees. You may not use, reproduce or display any of the The Association trademarks except upon The Association’s prior written consent.
The Site and its entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by The Association, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided in these Terms of Use, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Site for any commercial or public purpose without The Association’s prior written consent. You may, however, view information available on the Site for your informational purposes. You may download from the Leisure Village West Website Terms & Conditions Date: Page 2
Site materials, except for software or source code, but only for your personal or internal business purposes only. You may download software or source code from the Site, but only such software or source code purposely made available to you by The Association for downloading from the Site, subject to any applicable terms of use. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the Site.
Your use of the Services, including the Site, imposes on you an obligation of appropriate use and conduct, which includes, but is not limited to, not causing an unreasonable or disproportionately large processing load on our Services or systems, not engaging in any conduct that restricts or inhibits use of the Services by others, and not introducing or transmitting any virus, worm, Trojan horse or other material that may harm or disrupt our Services or systems. Unauthorized use of the Services, misuse of passwords, or misuse of any information or material posted on this Site is strictly prohibited.
You may use the Services, including the Site, only for lawful purposes and you agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
Access
You must provide at Your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use the Site. We do not guarantee that the Site and our apps are available in all geographic locations. You acknowledge that when You use the Site, Your wireless carrier may charge you fees for data, messaging, and/or other wireless access. Check with Your carrier to see if there are any such fees that apply to You. You are solely responsible for any costs You incur to access the Site from Your mobile device and/or PC device. Your right to use the Site is also predicated on Your compliance with any applicable terms of agreements You have with third parties when using the Services.
AVAILABILITY OF SERVICES
Due to the continuous development and growth of our Services, the availability of Services is subject to change. We will do our best to keep our Services available at all times. However, we cannot guarantee that the Services will be continuously available without interruption. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. You further acknowledge and agree that the Services may be temporarily unavailable for causes beyond our control. We shall not be liable to you for any disruptions of Services as a result of interruptions arising from the foregoing.
Claims of Copyright Infringement
If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send The Association a notice requesting us to remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright Leisure Village West Website Terms & Conditions Date: Page 3
infringement against you, the Digital Millennium Copyright Act permits you to send The Association a counter-notice. Learn more at the U.S. Copyright Office site. ***
Links to Third Party Sites or Content
The Site may contain links to websites controlled or offered by third parties (non-affiliates of The Association). The Association hereby disclaims all liability for any other company’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, services, products, or recommendations provided by the linked site providers are those of the providers and not of The Association. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.
Registration Information
You may be invited to register at the Site to provide access to your account information and to help us tailor the Service for your personal and unit owner needs and to alert you of other services. In registering for the Service, you agree to provide accurate, true, current, and complete information about you and your business as requested by the registration screens. As a convenience to you, a profile for you or your business may be created based on the registration information that you provide.
Privacy
Your use of the Site or Services is subject to the applicable privacy-related policies and notices of The Association, potentially including but not limited to The Association’s Digital Privacy and Cookies Policy. To the extent permitted by applicable law, by accessing or using the Site or Services, you understand and agree that The Association may collect and retain personal or other information about you or the device you use to access the Site or Services. By using the Site, you consent to The Association’s use of analytics and monitoring tools to collect user interaction with our products, which may include collection of behavioral characteristics such as keystroke and mouse movement patterns. These interactions are collected using cookies and technical log files. We use the data for purposes that include interaction monitoring and visual replay for fraud, customer service, product improvement, and other purposes allowed by law.
Feedback
You agree that any and all suggestions, comments, and feedback that you submit at or via this Site in connection with any The Association’s products and services (“Feedback”) shall be Leisure Village West Website Terms & Conditions Date: Page 4
deemed to be non-confidential, except as otherwise specifically agreed or required by law. The Association also shall be free to use any Feedback without any restriction of any kind. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, etc.
Chat
[Note: Intentionally Left Blank. The Association’s site does not appear to have a Chat or Chat Box option at this time. If the Association intends to add such a function, we will need to add language to this portion of the T&C]Access Codes
In connection with online applications and services available via the Site and in connection with certain other functions on the Site, The Association may send you a unique access code or other token to help you complete, review, or track your applications and execute other functions. Such access code or token is intended to be only used by you and you must not share it with anyone.
Confidential Information
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes may include your personal data or information; Our Confidential Information includes the Services and Content and may include the personal or account data of other residents and users. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, (iv) was independently developed by the Receiving Party, or (v) disclosed in agreement by the user. You agree to not disclose or access or attempt to access Confidential Information which belongs to another resident and/or user. You agree not to access or attempt to access the account or data of any other resident and/or user.
Disclaimer and Limitation of Liability
THE SERVICES, INCLUDING THE SITE (INCLUDING ALL CONTENT, FUNCTIONALITY, AND MATERIALS), ARE OFFERED BY THE ASSOCIATION ON AN “AS IS,” “AS AVAILABLE,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR Leisure Village West Website Terms & Conditions Date: Page 5
NONINFRINGEMENT. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
YOU ACKNOWLEDGE THAT NEITHER THE ASSOCIATION, ITS DIRECT OR INDIRECT SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SERVICES. THE ASSOCIATION DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE ASSOCIATION BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE ASSOCIATION BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, ECONOMIC, OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE (OR INABILITY TO USE) OF THE SERVICES, THE SITE, ANY ONLINE SERVICES, OR ANY INTERNET BROWSER SOFTWARE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Indemnification
You agree to defend, indemnify, and hold harmless The Association (and all of its direct and indirect subsidiaries) and each of their respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims, and expenses, including attorneys’ fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Service or the Site, including such violation or misuses conducted by your employee or agent.
Enforceability and Governing Law
These Terms of Use constitute a contract between you and The Association governed by the laws of the state of New Jersey (United States of America), with the exception of its conflicts of laws provisions. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision that Leisure Village West Website Terms & Conditions Date: Page 6
comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with The Association.
If you are accessing this Site from outside the United States, you may be subjecting yourself to United States law, which may differ from your local laws, including laws that govern personal data collection, use, and disclosure. In your use of this Site or Service, you may transfer certain personal information to the United States. To the extent permitted by applicable law, your use of the Site or Service shall constitute your consent to the transfer of personal information to the United States and the applicability of United States law.
Miscellaneous
- You agree and understand that effective use of the Site will require your browser to use software plug-ins and modules, including, without limitation, JavaScript, in order to correctly display content and utilize features on the Site.
- You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Current
These General Terms of Use are current as of: March 1, 2024