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Terms & Conditions
Terms & Conditions
 
 
 

   

RESOLUTION OF THE 6TH AVENUE WEST HOMEOWNERS ASSOCIATION, INC.
 
REGARDING Terms and Conditions of Use GOVERNING
THE 6TH AVENUE WEST HOMEOWNERS ASSOCIATION’S WEBSITE
 Approved by the Board of Directors: March 15, 2010
 
 
Purpose: To establish Terms and Conditions of Use governing the 6th Avenue West Homeowners Associations official Association Website.
 
Authority: Article VIII of the By-Laws: “The affairs of the Association shall be managed by its Board of Directors” and Article IX of the By-Laws: “The Board of Directors shall or may, by resolution adopted by a majority of the Directors in office, designate one or more committees, including an Executive Committee, each of which shall consist of one or more Directors, which committees, to the extent provided in said resolution, shall have and exercise the authority of the Board of Directors in the management of the Association; but the designation of such committees and the delegation thereof of authority shall not operate to relieve the Board of Directors or any individual Director of any responsibility imposed upon it or him by law. ”
 
 
Establishment of a Communications Committee: The Board recognizes that consistent and positive communication between homeowners and the Association is fundamental to the success of the Association and necessary to the promotion of Article I (A) of the By-Laws “To promote the general welfare of its members in all community problems, relating to health, education, recreation, safety, shopping facilities, zoning regulations, housing facilities, utility, sanitation, road and transportation services or facilities, and such other community matters that may be brought to its attention by the members; to promote the physical and moral well-being of its members and to foster good will and social relations in the community.” The Board recognizes that on May 6, 2009, the Board established the Communications Committee to oversee this important function.
 
Website: The Board of Directors recognizes that the Internet provides an efficient and effective method of communicating information to homeowners. To this end, the Board authorizes one Website as the official 6th Avenue West HOA Website. The Website is located at http://www.sawhoa.com . The Board of Directors does not recognize any other Website in any other official capacity of the Association.
 
1. Purpose: To provide a platform for the distribution of official Association messages and information to homeowners in a timely, cost-efficient manner.
 
2. Access: Permission and access to the Association’s Website is allowed to all association members who have paid their annual voluntary dues. Website sponsors will also be allowed access to the web site. Permissions and access rights are subject to change at any time by the Association. Permission and access to the Association’s Website is subject to adherence to the Terms and Conditions of Use as well as the Purposes and Policies of the Association and the Website.
 
Oversight: The Communications Committee is responsible for ensuring that the Association Website is operational, maintained, and that Users and Administrators adhere to Terms and Conditions of Use. The Communications Committee and authorized Administrators will be the assigned moderators for all content, including, but not limited to, news articles, news article comments, message board, Committee pages and other content as added to the site.
 
Terms and Conditions of Use of Association’s Website:
 
1. In these Terms and Conditions of use of "Association" means the 6th Avenue West Homeowners Association, Inc. "Website" means the Website located at www.sawhoa.com (or any subsequent URL which may replace it) and all micro sites of SAWHOA. "User" or “Users” mean any person or persons accessing any portion of the Website.
 
2. The Association’s Website is provided as a service to the homeowners of Sixth Avenue West. By registering and/or accessing the Association’s Website the User agrees to abide by the Terms and Conditions of Use and Policies of the Website as available on the Website.
 
3. Failure to abide by the Terms and Conditions of Use or Policies is grounds for denial/suspension/termination of access to the Association’s Website. The violating User’s IP address, User name and/or passwords will be used to restrict access to message boards and/or entire Website access.
 
4. Users will be assigned an account and password in order to access certain areas of this Website. User is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under User’s password or account. User agrees to immediately notify 6th Avenue West of any unauthorized use of his/her password or account or any other breach of security. 6th Avenue West cannot and will not be liable for any loss or damage arising from User’s failure to comply with this section. Unauthorized distribution or sharing of passwords and/or access is prohibited and is grounds for termination/denial of access.
 
5. All Users must be logged in to view private pages of the Website where posting/commenting opportunities are available including, but not limited to, posting News Article comments, Survey comments, User Profiles and Message Board postings. A valid email address is required to register to use the Association’s private pages.
 
6. Users are expected to demonstrate respect for others and for the opinions expressed on the Website. Those who post to the Website are expected to refrain from: profanity, name-calling, taunting, threats, personal attacks, or the posting of any other statement or statements that may reasonably be considered derisive, offensive, insulting, inflammatory, accusatory, libelous, snide, hostile, malicious, fraudulent, negative, rude, illegal or otherwise reprehensible. Message boards shall not be used to express political views.
 
7. Website Administrators are authorized to edit or remove entire posts, comments, links to other websites or other entries as necessary; either temporarily or permanently; or to decline posting an entire message, comments, links to other websites or other entrees (as necessary); when its content violates any of the Terms and Conditions of Use or Policies of the Association’s Website or is not in harmony with the “Objects, Purposes and Powers” of the Association in the opinion of the Communications Committee.
 
8. A hardcopy of any message or comment edited, removed, or restricted from the Website or message board will be made by the Administrator as a record of evidence and forwarded to the Communications Committee Chair and President of the Association. The Communications Committee chair is responsible for maintaining these hardcopy records and for notifying the Board of Directors when such action has been taken.
 
9. Posting or uploading of materials that might infringe upon the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others is prohibited and constitutes a violation of the Terms and Conditions of Use and/or Policies.
 
10. Posts containing viruses, Trojan horses, time bombs, or any other harmful programs or items are prohibited and constitute a violation of the Terms and Conditions of Use and/or Policies.
 
11. The Association has the right, but not the obligation, to monitor any activity and content associated with the Website. The Communications Committee and/or any authorized Administrator of the Website may investigate violations of these Terms and Conditions of Use/Policies or complaints and take any action that is deemed appropriate. Such action may include, but is not limited to, issuing warnings, temporarily suspending access (to entire Website or message board), temporarily terminating Website access or attaching conditions to the User’s access and/or removing any materials from the Association’s Website and such action may be taken at the Communication Committee’s and/or Administrator’s discretion.
 
12. In the event that the Communication Committee and/or Administrator of the Website deems a suspension of User’s access (to entire Website or message board), or termination of User’s access to Website is appropriate, such suspension/termination will be brought to the attention of the Board of Directors of the Association. Any suspension/termination of User’s access (to entire Website or message board) will be evaluated within 45 days by the Board of Directors of the Association to determine the appropriate duration and/or terms of any suspension or termination. Additionally, the Board of Directors shall address any additional Conditions of Use by said User that may be necessary or required prior to re-instatement of access to the Website is allowed to said User.
 
13. The User will be responsible for requesting re-instatement after the duration and/or terms of the suspension/termination of User’s access (to entire Website or message board) has elapsed. The Association, Communications Committee or any individual Administrator will NOT be responsible for re-instating a User until and/or at such time User requests re-instatement, and such request has been reviewed by the Board of Directors.
 
14. Any User request electing termination of access to the Website access will be honored by removal of User credentials or information, within 72 hours of request by the Communications Committee and/or Website Administrator.
 
15. Any User who has previously elected termination of Website access and who requests re-instatement of Website access shall be brought to the attention of the Communications Committee. The Committee shall address the request for access or re-instatement within 7 days to determine any additional Conditions of Use by said User that may be necessary or required prior to re-instatement of access to the Website. If the Communications Committee should be unable or unwilling to come to a decision regarding the request, the matter shall be referred to the Board of Directors. The Board of Directors of the Association will be responsible, within 45 days, to address the request for access or re-instatement and to determine any additional Conditions of Use by said User that may be necessary or required prior to re-instatement of access to the Website is allowed to User.
 
16. Users acknowledge and agree that the material and content contained within the Website is made available for the User’s personal non-commercial use only and that Users may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. Users agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
 
17. The Website is subject to constant change. Users will not be eligible for any compensation because User cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website. The Association reserves the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to Users and Users confirm that the Association shall not be liable to Users or any third party for any modification to or withdrawal of the Website (or any part of).
 
18. Users agree to be fully responsible for and fully indemnify The 6th Avenue West Homeowners Association, Inc. against all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by the Association and arising out of ANY BREACH OF THE TERMS AND CONDITIONS OF USE and/or POLICIES by User and/or any other liabilities arising out of User’s use of the Website, or the use by any other person accessing the Website using User’s PC or internet access. Users agree that in the event that User may have any right, claim or action against any other Users arising out of use of the Website, then User will pursue such right, claim or action independently of and without recourse to the Association.
 
19. The Association may alter these Terms and Conditions of Use and/or Policies from time to time, and the User’s use of the Website (or any part of) following such change shall be deemed to be User’s acceptance of such change. It is the User’s responsibility to check regularly to determine whether the Terms and Conditions of Use and/or Policies have been changed. If User does not agree to any change to the Terms and Conditions of Use and/or Policies then User must immediately stop using the Website and request from the Association that User’s access and credentials be removed from the Website.
 
20. If any part of the Term and Conditions or Policies of the Association’s Website shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions of Use and/or policies and shall not effect the validity and enforceability of any of the remaining provisions of the Terms and Conditions of Use and/or Policies.
 
User Grievances:
 
1. Any decision of the Communications Committee may be reviewed and/or over-ruled by the Board of Directors.
 
2. If a User believes they have been unfairly denied access to the Website or message board they may appeal to the Board of Directors.
 
3. An appeal may be made by email or in writing.
 
4. The appeal should include the User’s name, the date of the event, a description of the action, comment or message in question, a description of the Administrator’s action, and the desired remedy.
 
5. The Board of Directors’ will consider properly submitted appeals at the next Board of Directors meeting and respond to the grievant party within thirty (30) days. The Board of Directors decision will be final. 
 

 

 

 
   
 
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