Terms of Service

Terms of Service Last Updated May 1, 2009

Acceptance

These Site Terms apply to your use of this Site. By visiting or using this Site, you accept these Site Terms. Continued use of this Site constitutes your acceptance of any revisions to these Site Terms.

We may change or add to any or all of the Services at any time without notice. We may refuse to provide the Services to any person or entity in our sole discretion. We may cancel the Services with or without cause at any time, including, without limitation, if any of the registration information you provided is false or misleading, if you have violated these Terms of Service, or if you are not authorized to use any of the Services. Unless we state otherwise, any changes or additions to any of the Services, will be subject to these Terms of Service. These Terms of Service (including the rules, guidelines and policies incorporated herein) may be changed from time to time by us without notice. By registering to use or using this web site or any of the other Services, you agree to these Terms of Service. You should read them carefully and check for the most current version.

We do not provide hardware, software, equipment or systems to any User to connect to or access the Internet, and all such hardware, software, equipment and systems shall remain the sole responsibility of the User.


Registration & Passwords

By registering to use the Services, you represent to us and agree that (a) you are 18 years of age or older, (b) a member in good standing of the association whose web site or other Services you intend to use and/or are otherwise permitted to access the web site or use the other Services for which you are registering, and (c) you have provided to us and will maintain at all times with us accurate, correct and complete information that may be requested by the registration forms (the "Registration Data").  If we have reason to believe that the Registration Data you have provided is not accurate or incomplete, we may suspend or terminate your ability to use any or all of the Services. Your Registration Data is subject to our Online Privacy Policy (see Section 3).

We attempt to protect the privacy and integrity of the Services by making access to and use of the Services subject to the use of a password. When you register to use the Services the first time, you will be given initial access to the Services through a password. Thereafter, you and other authorized users must use your password to access and use the Services. You should keep your password confidential and not share your password with anyone. You will be fully responsible for all activity that occurs under the use of your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password by emailing us at


Posting Content

Our Right to Publish: By posting content on this Site or on West Lake Lodge Association–sponsored message boards, discussion forums or other interactive content, you agree that West Lake Lodge Association (Association) may publish your content in whole, or in part. The Association does not agree to post all content received. The Association reserves the right to remove or modify any posting that is false, misleading, offensive, violates any law or the rights of third parties, violates these Site Terms, or is defamatory or duplicative. The Association will use content in compliance with the Site's moderation guidelines.

Identification of Posters: When you submit a posting to the Association on this site, the Association may identify you by: your unit number and/or door numbers; and your first and last name.

Disclosure in Legal Actions: The Association reserves the right to reveal your identity and the content of your original and posted submissions in response to legal action by any party or in response to a request by governmental authority or in defense of the Association.

West Lake Lodge Association Ownership of Content: The Association retains ownership of all postings submitted on this site, except when copyrighted material is posted.


Prohibited Uses

Personal Use Only: You will use the Site only for your personal, noncommercial use unless you and the Association have agreed otherwise in writing.

Electronic Mail: You may not send electronic mail to the Association that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act.

Access: You may not use this Site in any manner that could damage or overburden any Association's equipment or software that is used to publish this site. You may not use any means of systematic retrieval of data or other content from this Site. You may not obtain, or attempt to obtain, access to any material or information on this Site that is protected by passwords, PIN or required login identification through any means not expressly authorized by the Association. You may not use the login information of another person, unless they specifically authorized you to do so.

False Information: You may not intentionally provide any false information when you register for this Site, post comments on this Site, or complete your registration.

Framing: You may not frame any Site content.

Posting Content: You may not submit content that violates these Site Terms, this Site's posting rules, or the rights of any third party.

Endorsements: You may not use the Association's name or trademarks in any way that implies affiliation with, or an endorsement, sponsorship or approval by the Association without express written permission.


Conditions of Use

You agree that you may use the Services only as long as you comply with rules, regulations and guidelines ("Rules") published by us from time to time. The Rules are in addition to any other rules, regulations or guidelines that may be adopted from time to time by the Association or its management company. The current Rules are published HERE. We may amend or supplement the Rules from time to time in our sole discretion without prior notice. Changes are effective upon posting, and we encourage you to frequently review the Rules online for any changes. The Rules, as amended and supplemented from time to time, are incorporated by reference into these Terms of Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services.

We do not in the ordinary course pre-screen or monitor content of the web sites or public areas, nor on-line postings or other communications. However, we reserve the right, but not the obligation, to determine in our sole discretion what is and is not acceptable content on any web site or in any other communication or posting made in connection with the Services, to limit placement of any content on a web site or on any other area provided in connection with the Services, to remove, alter or block access to any content immediately and without prior notice, to determine in our sole and absolute discretion what is and is not an appropriate conduct and use of any of the Services, and to cease providing or bar access to any or all of the Services to any User at any time, for any reason or for no reason, without prior notice. We reserve the right, but not the obligation, to monitor and investigate complaints regarding any of the foregoing, and you agree to cooperate fully with us in providing access and information as may be requested at any time and from time to time. You agree that any reservation of rights by us imposes no obligation of any kind on us to take any of the foregoing actions.


Intellectual Property

West Lake Lodge Association Copyright: This entire Site is the copyrighted work of the Association. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from such information in any form.

Trademarks: You will not link to this Site in a manner that implies an endorsement, sponsorship, approval or affiliation that does not exist. By providing content, we do not allow you to use trademarks referenced in this Site. You may not use any meta tags or any other "hidden text" using the Association's name or trademarks without the express written consent of the Association. The trademarks, logos, and service marks ("Marks") displayed on the site are the property of the Association or other parties. Users are prohibited from using any Marks without the written permission of the Association or the third party that owns the Marks.

Copyright Infringement Claims: It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on this Site may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit the Association to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by the Association. Written notice must be sent to: the Association.


Disclaimer of Warranties and Limitation of Liability

This Site is provided by the Association on an "as is" and "as available" basis. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, the Association DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

the Association WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INABILITY TO USE THIS SITE, OR CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF the Association IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow limitations on warranties or certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.


Miscellaneous

Severability: If any provision of these Site Terms is unlawful, void or unenforceable, the remaining provisions shall remain valid and in effect to the fullest extent possible.

Waivers: Any waiver of any provision of these Site Terms will be effective only if in writing and signed by an authorized representative of the Association. Any delay or omission by the Association to exercise any rights under these Site Terms shall not be construed to waive any rights.

Notices: If you have registered at this Site we will notify you of any material changes to these Site Terms or the Online Agreement by using any of the contact information you have provided to us.


General Provisions

These Terms of Service constitute the entire agreement between you and us concerning your use of the Services and the relationship between you and us, and supersede any prior or contemporaneous oral or written communications, representations or understandings concerning the subject matter. You may be subject to additional terms and conditions imposed by a separate agreements. These Terms of Service, and any dispute arising pursuant to these Terms of Service, shall be governed by Colorado law, exclusive of its provisions regarding conflicts of law. Any action relating to these Terms of Service must be brought in Denver, Colorado, and both parties irrevocably consent to the jurisdiction of the state and federal courts located in Denver, Colorado.