TERMS OF USE

Revised: May 5, 2020

Welcome to the www.talegagallery.org website (this “Site”). This Site is owned and controlled by Talega Gallery Community Association (“TGCA,” “our,” “we,” or “us”). These Terms of Use and our Privacy Policy (this “Agreement” or “Terms of Use”) apply to your access and use of this Site and the services that we make available to you through this Site (the “Services”). BY VISITING THIS SITE OR ACCESSING THE SERVICES YOU AGREE TO BE BOUND BY THE PROVISIONS SET FORTH IN THIS AGREEMENT. If you do not agree with these Terms of Use, we request that you immediately close your browser and terminate your access to the Site.

ABOUT THIS SITE

TGCA is a non-profit mutual benefit corporation organized and existing under the Davis-Stirling Common Interest Development Act (California Civil Code Sections 4000, et seq.) and the California non-profit mutual benefit corporations law (California Corporations Code Sections 7110 et seq.).  The purpose of TGCA is to manage, maintain, preserve, and administer the business of, a planned development (the “Development”), and to promote the health, safety, and welfare of the residents within the Development, all according to that Declaration of Covenants, Conditions and Restrictions ("Declaration") recorded in the Office of the County Recorder of Orange County, California.

TGCA uses the information that you supplied a) to answer your question, b) to provide access to the Owners Portal, c) to respond to your feedback, d) to provide the information or services you request, and e) to provide data or information to other TGCA residents, and f) to otherwise administer the affairs of TGCA.

USER REPRESENTATIONS

You represent and warrant to TGCA that (i) you are at least 18 years of age, (ii) your use of the Site is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Site, (iii) all information (if any) provided by you to TGCA is correct, (iv) you possess the legal right and ability to enter into these Terms of Use and to use the Site in accordance with these Terms of Use, (v) your use of the Site shall be in accordance with these Terms of Use and all applicable laws, rules or regulations.

Certain features of the Services may require you to create an account (“Account” or “Owners Portal”). To create an Account you: (i) be at least eighteen (18) years old; (ii) provide us with your first and last name; (iii) have a valid email address; and (d) select a user name and create a unique password. You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Services is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.

LICENSE

We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use the Services as expressly permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.

You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, distribute, store, transmit, and reproduce any information that you submit to us in connection with the Services (your “Content”) to: (i) make Services available to you; (ii) manage your Account (defined below); (iii) address questions and issues; and (iv) for research and analytical purposes as identified in the Privacy Policy. You hereby represent and warrant that you own all rights to your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.

PROHIBITED ACTS

You shall not use the Services for any purpose that violates any applicable federal, state or local laws, rules and regulations or is or would reasonably be deemed to be abusive, harassing, threatening or offensive to others.

In connection with your access to, and use of, the Site, you agree not to: (a) upload, post, email, or otherwise transmit any obscene, threatening, defamatory, misleading or unlawful material, or any viruses, worms or Trojan horses; (b) violate any applicable international, federal, state or local law or regulation; (c) sell or otherwise distribute any data obtained from any TGCA database; (d) use any automated means to download data from any TGCA database; and (e) interfere with or disrupt the performance of the Site.

WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF SUCH IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THIS AGREEMENT.

INTELLECTUAL PROPERTY

All content, materials including but not limited to text, graphics, service marks, logos, images and logos that are made available to you through the Services (“TGCA Content”) are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to misuse, copy and/or redistribute any TGCA Content.

DISCLAIMER OF WARRANTIES

The services and TGCA content are provided to you “as is.” We expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty, representation or condition that: (a) the services and TGCA content will meet your requirements; (b) your use of the services or TGCA content will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from use of the services or TGCA content will be accurate or reliable; or (d) any errors in the services or TGCA content will be corrected. You assume the risk associated with the use of the services, TGCA content and the content of other users.if you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies. For example, california residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned provision.

LIMITATION OF LIABILITY

Neither we nor our directors, officers, employees, licensors, and/or vendors, or agents shall be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profits, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of, or inability to use TGCA services or TGCA content even if we have been advised of the possibility of such damages or loss.

INDEMNIFICATION 

You agree to defend and indemnify TGCA and its officers, directors, members and agents from and against any third-party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or in relation to (a) your use of the Services; (b) your violation of any term of this Agreement; (c) your violation of any third party rights; (d) your violation of law. You may not settle or compromise any claim without our prior written consent.

TERMINATION

If you wish to terminate your Account and use of the Services you may do so by notifying us at any time and closing your Account. We will not have any liability whatsoever to you for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, indemnity, limitations of liability, and dispute resolution.

MODIFICATION

PLEASE NOTE THAT THIS AGREEMENT, THE SERVICES AND/OR TGCA CONTENT ARE SUBJECT TO CHANGE AT ANY TIME. When changes are made we will update the “Last Revised” date at the top of this Agreement. If we make any material changes these Terms of Use, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to this Agreement will be effective immediately and your continued use of the Services and/or TGCA Content constitutes your acceptance of such change(s).

THIRD PARTY LINKS

The Services may include links to third-party websites. These third-party websites collect data and/or solicit personal information from you. We neither own nor control such third-party websites and are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any third-party website that may be linked to the Services.

PRIVACY

We collect and use information about you and your use of the Services. Please review our Privacy Policy for more information.

GOVERNING LAW

To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of California, U.S.A. without regard to conflict of law principles and without regard to the United Nations Convention on Contracts for the International Sale of Goods. To the fullest extent permitted by law, the controlling language for these Terms of Use is English.

JURISDICTION

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, OR INFORMATION, SERVICES AND CONTENT CONTAINED THEREON SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.

SEVERABILITY

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of this Agreement, or otherwise unenforceable, this Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.

NON-WAIVER

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

ASSIGNMENT

You may not assign this Agreement or any rights or obligations hereunder, in whole or in part, whether voluntary, by operation of contract, law or otherwise, without our prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void.

CONTACT INFORMATION

If you have any questions or concerns, please contact us at: talega.gallery@seabreezemgmt.com

 

© 2020