Terms and Conditions

WEBSITE TERMS AND CONDITIONS

Introduction

  • Tuscany Private Estate Condominium Association Inc. (TPECAI) will be launching an interactive Website that would post, communicate and update the Members regarding the TPECAI’s activities, events, billings, memos and notices.
  • TPECAI is committed in safeguarding the privacy of the Members. In this policy TPECAI shall explain how TPECAI will treat TPECAI Members’ personal information in confidentiality.
  • By using TPECAI Website and agreeing to this policy, members consent to TPECAI use of cookies in accordance with the Terms and Conditions of this policy.

Definition of Terms

For purposes of this Agreement the following terms are defined and to be understood as follows:

  • “TPECAI” shall refer to Tuscany Private Estate Condominium Association Inc.;
  • “Unit Owner” shall refer to owner/owners indicated in the Deed of Absolute Sale (DAS);
  • “Member” shall refer to TPECAI unit owners in good standing;
  • “Good Standing” shall refer to 100% payment of all dues (association dues, special assessments, and utilities);
  • “Website” shall refer to TPECAI online interactive platform;
  • “Terms and Conditions” shall refer to Rules and Guidelines of usage of TPECAI Website;
  • “Registration Data” shall refer to personal information that a Member inputs in the Registration Form and Website;
  • “Primary User” shall refer to the Member who was assigned by the Unit Owner to handle the user account;
  • “Registration Forms” shall refer to series of questionnaires which Members have to fill out;
  • “Data” shall refer to post, correspondence, comments and pictures posted by Members;
  • “Website Administrator” shall refer to person/group of persons who manages the information and content of the Website;
  • “BOT” shall refer to TPECAI Board of Trustees;
  • “Cookie” shall refer to a packet of data sent by an Internet server to a browser, which is returned by the browser each time it subsequently accesses the same server, used to identify the user or track their access to the server;
  • “PMO” shall refer to the Property Management Office.

Member’s Duties and Responsibilities

  1. Member agrees to read the Terms and Conditions of use carefully before using this Website. Use of the Website signifies member’s unconditional agreement to the terms and conditions of this Agreement;
  2. Member agrees to use Website solely for (a) information, updates about TPECAI, (b) viewing of billing statements, (c) sharing of posts, comments and/or articles that can benefit TPECAI or pictures of events, (d) buy and sell of items subject to compliance with Terms and Conditions of the Website, and (e) viewing of lease or sale of units;
  3. Members should be (a) eighteen (18) years of age or older, (b) unit owner, (c) is in good standing; (d) abides in the Master Deed and House Rules of TPECAI, and (e) has no violations against TPECAI;
  4. Members shall (a) fill out Registration Form located at the PMO and write legibly and (b) Registered Data shall be accurate, correct and complete;
  5. Upon registration, Members shall be given (a) User Name and (b) Temporary Password. Member shall change and use own password to access and use the Website. Member must keep the password confidential and shall not share password with anyone. Member shall be fully responsible for all activities that occur under the Member’s user name or password;
  6. Members shall be given a maximum of two (2) user access per unit. The assigned Primary Member is responsible and accountable for the use of the Website. For multiple owners, Members shall assign one (1) Primary User subject to the conformity of all owners of the unit;
  7. Member is responsible to update the Registered Data if outdated;
  8. Members shall immediately inform the PMO if (a) member intends to change or add user, (b) if the unit is being leased or sold. For sold units, Member shall update the PMO and submit the pertinent documents/requirements indicated in the Master Deed and/or House Rules;
  9. Members shall not have the right or ability to assign, or transfer user access without informing and consent of TPECAI;
  10. Members shall immediately notify the Website Administrator and/or PMO in case of sudden death or disability of the Primary User;
  11. Member shall immediately notify the Website Administrator and/or PMO of any unauthorized use of Member’s user name or password by emailing: admin@tuscanyprivateestate.org;
  12. Members are aware that Website Terms and Conditions may change from time to time for the benefit of the Association.

Website Administrator’s Duties and Responsibilities

  1. Website Administrator shall be assigned by the BOT and is a bonafide member in good standing of TPECAI;
  2. Website Administrator shall hold the information, posts, comments, and/or pictures provided by Members in strict privacy and confidence;
  3. Website Administrator shall not use or sell any data given by Members.

BOT Duties and Responsibilities

The BOT shall decide on the following:

  1. Appointment of the Website Administrator and Web Developer.
  2. Adding or removing of Members.
  3. Uploading, posting, and/or removing of contents, such as but not limited to circulars, articles, photos, memos, Members’ posts, etc.
  4. Accredit and discredit all (a) marketing (b) advertising (c) promotional items and/or (d) brokers.

Website

The Website including all content, software, functions, materials and information made available on or accessed through the website, is provided on an “as is” basis. To the fullest extent permissible by law, TPECAI and its BOT makes no representation or warranties of any kind whatsoever for the content on the website or the materials, information and functions made accessible by the software used on or accessed through the website, for any hypertext links to third party web sites or for any breach of security associated with the transmission of sensitive information through the website or any linked site.

       Rules and Regulations

  1. Members shall abide with Rules and Regulations of the Master Deed and House Rules;
  2. Members shall abide with the Terms and Conditions of the Website;
  3. Members shall agree that TPECAI may gather, process and use information and materials received from Members (e.g., name, physical address, e-mail address, pictures) collected through the Website for (a) bulletin posts, (b) forwarding billing statement, (c) communications, and (d) for any lawful reason or purpose that government requires;
  4. Members shall agree NOT to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion or posts in the Website;
  5. Member shall not upload, send or post unsolicited or unauthorized junk mail, “spam,” advertising, promotions, chain letters, or any other form of solicitation, without written consent and approval of the BOT of TPECAI;
  6. Members shall not upload, transmit or post any material, or engage in any other use of the Services that violates any law, rule or regulation, infringes any other person’s rights, including, without limitation, any intellectual property or privacy rights, or otherwise could impose civil or criminal liability. TPECAI reserves the right to notify any governmental entity, law enforcement authority, or any other party that we deem appropriate in its sole discretion, of any such activity;
  7. Members shall not send or post defamatory, obscene, profane, vulgar, threatening, offensive, abusive, inaccurate, pornographic, sexual, libelous or illegal material;
  8. Members shall not “stalk” or harass another Member;
  9. Members shall not distribute any internet viruses, malware, Trojan horses, time bombs, worms, or other programming routines or engage in other destructive activities that are designed to damage, interfere with, or intercept/mine data or the operation of computers, networks or other equipment or systems;
  10. Members shall not access, or attempt to access, another Member’s account without written authorization;
  11. Members shall not hack, data mine, use and/or sell data or contents in the Website;
  12. Members shall not attempt to disrupt or interfere with the Website Service in any manner;
  13. Members shall hold TPECAI and BOT free and harmless to any links or pushes to other websites;
  14. Members shall not engage in any other activity that TPECAI determines in its sole discretion may be harmful to other Members or its Services;
  15. Website Administrator through written instructions of the BOT, at its sole discretion, may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or content. TPECAI may also impose limits on certain features and services or restrict Member’s access to parts or all of the Website without notice or liability;
  16. TPECAI’s BOT reserves the right to determine in its sole discretion what is and is not acceptable content on the website or in any other communication or posting, to limit placement of any content, to remove, alter or block access to any content immediately and without prior notice, to determine in its 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 Member at any time, for any reason, without prior notice;
  17. TPECAI may establish and change from time to time general practices and limits on the use of the Services, the amount of central processing unit (CPU) processing, bandwidth and disk usage, and levels of activity;
  18. TPECAI’s BOT reserves the right to monitor and investigate complaints, and Members agree to cooperate fully in providing information as may be requested at any time and from time to time.

       Collecting Member’s Personal Information

The Website may collect, store and use the following kinds of personal information:

  1. Member information which was indicated/registered in the Registration Data (Name, profile pictures, gender, relationship status, posts, etc.);
  2. Statistics of Member’s visits to and use of the Website (including referral source, length of visit, page views, timing, frequency and pattern of service use);
  3. Member’s Information for the purpose of subscribing to TPECAI email notifications and/or newsletters;
  4. Member’s information relating to any purchases/referrals made of our goods and/or services; or any other transactions that Members enter into through the Website and;
  5. Any other personal information that Members choose to send/post on the Website.

Posting Guidelines

Members shall post based on the following guidelines:

  1. All posts shall be approved by the BOT.
  2. All posts shall be subject to the Duties and Responsibilities (Section III, IV and V) and Rules and Regulations (Section VII).
  3. Articles: Members may submit for posting informative articles that can benefit the Members and TPECAI.
  4. Photo and Gallery: Members may submit photos for posting in the gallery.
  5. Advertising and Marketing: Members may submit for posting and market and/or advertise the following: (a) Lease/Sale of units (b) Products/Services/Items that can benefit TPECAI (c) Promotional items that can benefit TPECAI.

Fees 

For Advertising, Marketing and Brokers accreditation and/or posting, the corresponding fees posted at the PMO shall apply. All fees shall be payable to TPECAI.

Publicity and Intellectual Property Rights

TPECAI and/or our licensors own (a) the contents of TPECAI’s website (b) the content contained in or presented through the Website, and (c) other tangible and intangible personal property relating to the Website including, without limitation, the domain names, IP numbers and addresses that may be used by TPECAI in providing the Website.

      Privacy and Confidentiality

TPECAI, its Website Administrator, and BOT shall hold in complete confidence any and all information that the Website may receive from its Members.

      Updates and Changes in the Website

TPECAI’s BOT reserves the right, at its sole discretion, from time to time to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time for the benefit of TPECAI. Notification of changes in the Agreement will be posted on the Website.

      Compliance with Laws and Regulations

Members and TPECAI’s BOT and Administrators shall use the Website in compliance with all applicable laws and government regulations in accordance with accepted industry standards.

TPECAI and its BOT reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the TPECAI BOT’s sole discretion are objectionable or in violation of this Agreement.

Indemnity

Members hereby agree to defend, indemnify and hold harmless the TPECAI’s officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney’s fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by Member of this Agreement, including the foregoing representations, warranties and covenants. Member shall cooperate as fully as reasonably required in the defense of any claim.

No party shall be liable for any default or delay in the performance of the Website under this Agreement due to force majeure or an event which is beyond the Website’s and/or TPECAI BOT’s control.

       Third Party

The Website may contain hypertext links and pointers to other World Wide Web Internet sites and resources operated and controlled by parties other than TPECAI. Links to and from the Website to such third party sites do not imply or constitute an endorsement by TPECAI of any third party material or contents and thus, TPECAI and BOT have no control over, and is not responsible for, the privacy policies and practices of third parties.

      Warranties

TPECAI and BOT do not warrant that the functions contained in the Website or any materials or content contained therein will be uninterrupted, error free, or that defects on any Member’s materials, posts, comments or blogs will be corrected.

      Termination

TPECAI reserves the right to suspend, deny, delete or terminate Member’s Access:

  1. If Registered User/Data is found erroneous, faulty or incomplete;
  2. If Member is NOT in good standing;
  3. If Member uses, posts, transmits and/or uploads foul, vulgar, unlawful, unwholesome or profane language, messages, or photos that would incriminate or implicate TPECAI in any way;
  4. If Member violates the Master Deed and House Rules;
  5. If Member posts and/or uploads data which contains virus, malware, worms or other harmful or destructive elements that can harm the Website and other Members;
  6. If Member violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
  7. If Member submits materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
  8. If Member posts, comments and/or uses libelous statements that constitute or contain false or misleading indications of origin or statements of facts;
  9. If Member(s) of the same unit breaches above items and/or any provisions in the Terms and Conditions in the Website.

       Amendments

  1. TPECAI may update Terms and Conditions from time to time by publishing a new version in the Website;
  2. Member should check Website Terms and Conditions occasionally to ensure Member is aware of the changes in the policy;
  3. TPECAI may notify Member of changes in Terms and Conditions (a) by email or (b) through the private messaging system on our website and/or (c) posting updates in the Terms and Conditions portion of the Website.

 

Member(s) acknowledges that he/she has read and understood the Terms and Conditions of (a) Member Usage Policy and (b) Website Terms and Conditions and has voluntarily given consent to items indicated above.