Terms of Service (TOS)
These Terms of Service (the “Terms”) apply to The Sea Ranch Association Website (the “Site”) found at www.tsra.org and govern data collection by The Sea Ranch Association (the “Association”) and your use of the Site.
By using the Site, you consent to the Terms described herein. If you do not agree to these Terms, do not use this Site or any software or services associated with this Site and exit the Site now.
The Association reserves the right to modify these Terms at any time. If you use the Site after the Terms have changed, you hereby agree to accept those changes, whether or not you have reviewed them. If you do not accept these Terms, and any and all changes to these terms, please do not use the Site.
A. Purpose of the Site
The Site is a means of communication among Sea Ranch owners, staff and other authorized persons. The Site includes content and software (the “Material”) from many sources, some of which are outside the control of the Association. Therefore, the Association may not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the Site. Any Material placed online, including advice or opinions, are the views and responsibility of those who actually submit the statements, and not the Association.
B. Scope of these Terms
These terms and conditions apply to your use of the Site. They do not apply to your use of unaffiliated sites to which or from which this site only links. The Association encourages you to review the privacy statements and terms of service of websites you choose to link to from the Site so that you can understand how those unaffiliated websites collect, use and share your information. The Association is not responsible for the privacy statements, terms of service or other content on websites outside of the Site.
C. Privacy Notice
We respect the privacy of your information. We provide this explanation about our online information practices to show you our commitment to protect your privacy. We are firmly committed to protecting the information we gather through operation of this Site.
The Association, its agents, employees and contractors, collect information from users in three ways: voluntary submission, cookie technology, and traffic data. This information is available to the Association; the use of this information is governed by these Terms.
1. Traffic Data:
Some information about your computer hardware and software is automatically collected by the Site. This information can include: your IP address, browser type, access times and referring website addresses. This information is used by the Association for the operation of the Site, to maintain quality of the Site, to provide general statistics regarding use of the Site, to help diagnose problems with our server, and to administer the Site.
2. Cookie Technology:
3. Voluntary Submission:
When you register with our Site, we collect and store your name, nick name/user name, email address, and ubl. We use member contact information from the registration form to authenticate that the individual is an authorized user of the Site. We may also ask you for, collect, and keep personally-identifying information at other times, such as if you join the member directory on the Site or communicate with us.
Please keep in mind that whenever you voluntarily disclose personal information online – for example on the member directory, photo gallery, or message boards, through e-mail or in chat areas, on this Site or any other – this information may be collected and used by others. We are not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
By submitting information to the Site, you certify that the information you provide is accurate and pertains only to you.
MEMBER DIRECTORY SUBMISSIONS: Information submitted to the member directory is for use by Association members and staff and other authorized users of the Site for social purposes only; you may not use this information for any other purpose including commercial purposes or for political campaigning. Before your listing can appear on the Site, the webmaster may, but need not, confirm it. Listing in this Directory is entirely voluntary.
Caution: Although the Association restricts access to the Site to Members, staff and other authorized users with logins, we cannot guarantee that users will not share their logins. Thus, any Material, posted on this Site should be considered not confidential.
4. How the Association Uses Your Information
The Association may use the information we collect from you, to contact you regarding administrative notices and other communications relevant to your use of the Site (e.g. our Email Alerts). We may also use or disclose information to resolve disputes, investigate problems, or enforce these Terms. We will not sell or rent personally-identifying information collected during your use of the Site, except as part of a larger sale or transfer of the Association and/or its assets.
The Association reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
The Association and its contractors employ reasonable and current security methods to prevent unauthorized access to the Site, maintain data accuracy, and ensure correct use of the Site.
Your account information and profile are password-protected. You are responsible for maintaining the confidentiality of your password. Our personnel will never ask you for your password through an unsolicited phone call or in an unsolicited e-mail. If you share the computer through which you access the Site, or access the site from a public computer, you should remember to log out of your account and close your browser window when you have finished your session. This is to help ensure that unauthorized persons cannot access your personal information, correspondence, or the Site.
No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us; thus you transmit information to us at your own risk.
We have no way of distinguishing the age of individuals who access our Site. This Site is not targeted to children or individuals 13 years of age or under. If a child has provided us with personally-identifying information without parental or guardian consent, the parent or guardian should contact the Association at the address below, to remove the information:
The Sea Ranch Association, Attn: Community Manager, 975 Annapolis Road, PO Box 16, The Sea Ranch, Ca, 95497, [email protected], 707.785.2444
E. Intellectual Property Notice
The Association permits Material to be displayed on the Site, which Material is protected by copyrights, trademarks, and other intellectual and proprietary rights (“Rights“). These Rights are valid and protected in all media and technologies existing now or later developed. Except as explicitly provided otherwise, these Terms and applicable copyright, trademark, and other laws govern your use of such Material. By using this Site, you agree not to post, or attempt to post, any Material which you do not have the Rights or authorization to post or attempt to post. Should you decide to submit, enter or transmit, through use of the Site, Material of any kind, you are responsible for ensuring that you may do so and that such Material may be accessed, used, copied, distributed and adapted by other users of the Site without liability or restriction. You, and not the Association, are responsible for making sure all information and materials that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption. The burden of determining whether Material you post or attempt to post to the Site is protected by Rights, or not protected by Rights, rests with you, not the Association. You acknowledge that the Association may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting Material to any area of the Site, you grant the Association a royalty-free, irrevocable, non-exclusive right (including any moral rights), and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display such Material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, only on this Site, in a manner consistent with the Purpose of the Site, these Terms and applicable law. Additionally, if you submit Material in which other persons have Rights, you warrant that the holder of the Rights, including moral rights in such Material, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of Rights in Material placed on the Site retains any and all Rights that may exist in such Material, and any use of the Material in a manner inconsistent with applicable law or these Terms is prohibited.
F. Prohibited Uses
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
The Association has no obligation to monitor the Site or the Material. However, the Association reserves the right to review Material posted or intended to be posted to the Site and to not post or remove any posted Material, in its sole discretion. The Association reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever. Please honor the restrictions on the use of the Member Directory and the Photo Gallery as noted on those pages and in these Terms.
No user of the site may (1) take any action that imposes an unreasonable load on the site’s infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted on the site, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the site, or (4) delete or alter any material posted by any other person or entity. When retrieving information from this Site, you are prohibited from using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a human browser.
G. Disclaimer by The Sea Ranch Association
This Site is provided as a benefit to authorized users of the Site.
While we use reasonable efforts to include accurate and up-to-date information on the Site, we make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information available through the Site, and you should not rely upon that information for any purpose. The Site may include inaccuracies or errors. The Association may make improvements and/or changes to the Site at any time. Advice received via the Site should not be relied upon for personal, legal, real-estate or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
To the maximum extent permitted by applicable law the Site is provided “as is” without warranty or condition of any kind, express or implied. The Association hereby disclaims all warranties and conditions with regard to the Site including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Association its members, employees, directors, and agents be liable for any direct, indirect, punitive, incidental, special, consequential or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Association has been advised of the possibility of damages. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
You agree to indemnify the Association against any and all claims, losses, costs and expenses, including reasonable attorneys’ fees, which the Association may incur as a result of claims in any form arising from your acts, omissions or misrepresentations. In addition, you shall indemnify the Association against any and all claims, losses, costs and expenses, including reasonable attorneys’ fees, which the Association may incur as a result of claims in any form by third parties arising from the Material you post to the Site.
These Terms are governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Sonoma County, California, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Association as a result of these Terms or use of the Site. The Association’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Association’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Association with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, in the sole discretion of the Association, and the remainder of these Terms shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and the Association with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written.