Terms of Use Agreement
 

USE OF THIS WEBSITE CONFIRMS THAT THE USER HAS READ THIS AGREEMENT AND IS IN AGREEMENT WITH ITS TERMS
 

This TERMS OF USE AGREEMENT (hereinafter “Agreement”) is made by and between HERONRIVERHOA.com, and you, the user of this Website and the information and resources made available on it (hereinafter “You, Your, User, or Member). This Agreement contains the complete terms and conditions that govern the use of the HERONRIVERHOA.com Website (“Website” or “Site”).
 

BY VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER HOA MEMBERS SERVICES’ SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.  HERONRIVERHOA.COM RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT HERONRIVERHOA.COM’ DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
 

Access To This Site
 

To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If HERONRIVERHOA.com believes the information you provide is not correct, current, or complete, HERONRIVERHOA.com has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.
 

Applicable Use of Site
 

You may use this Site for purposes expressly permitted by this Site. As a condition of your use of the HERONRIVERHOA.com Website, you warrant to HERONRIVERHOA.com that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
 

No Co-Branding or Framing
 

You may not use or authorize any party to co-brand, or frame any portion of this Website without the express prior written permission of an authorized representative of HERONRIVERHOA.com. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, “framing” refers to displaying any HERONRIVERHOA.com webpage within a bordered area of another website, regardless of whether the address of the originating HERONRIVERHOA.com website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from HERONRIVERHOA.com.
 

No Unlawful Access
 

You agree that you will not use the HERONRIVERHOA.com website in any manner that could in any way disable, overburden, damage, or impair the website or otherwise interfere with any other party’s use of the website. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the websites.
 

Personal and Noncommercial Use Limitation
 

The HERONRIVERHOA.com website is for your personal and non-commercial use, unless otherwise specified. You may not use any HERONRIVERHOA.com for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of HERONRIVERHOA.com. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to HERONRIVERHOA.com Website.
 

Proprietary Information
 

All content found on the HERONRIVERHOA.com website is considered the copyrighted and trademarked intellectual property of HERONRIVERHOA.com, or of the party that created and/or licensed the Content to HERONRIVERHOA.com. No rights or title to any of the works contained on any HERONRIVERHOA.com Website shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of HERONRIVERHOA.com, except that you may print out and/or save a copy of the Content for personal use.
 

Submissions
 

You hereby grant to HERONRIVERHOA.com a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to HERONRIVERHOA.com through this Site (hereinafter, the “Submission”), and to incorporate any Submission in other works in anyform, media, or technology now known or later developed. You agree that HERONRIVERHOA.com will not be bound to treat any Submission as confidential, and may use any Submission in its objective (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future HERONRIVERHOA.com operations or business.
 

Linked Sites
 

This Site may be hyperlinked to and by other websites which are not maintained by, or related to, HERONRIVERHOA.com. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this site or HERONRIVERHOA.com. HERONRIVERHOA.com has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a the HERONRIVERHOA.com Website to another web page should be accessed at the User’s own risk. HERONRIVERHOA.com makes no representations or warranties about the content, completeness, quality or accuracy of any such website.
 

Use of Communication Services
 

HERONRIVERHOA.com Website may in the future contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site, or cause to be posted, sent, submitted, published or transmitted, any material that:(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity); (ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law; (iii) is vulgar, obscene, pornographic, or indecent; (iv) threatens or abuses others; (v) is libelous or defamatory towards others; (vi) is racist, abusive, harassing, threatening or offensive; (vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information; (viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent; (ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content; (x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices); (xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; (xii) solicits funds, advertisers or sponsors for any purpose; (xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device; (xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this Site;(xv) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys; (xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or (xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither HERONRIVERHOA.com, nor any third party that provides Content to HERONRIVERHOA.com, will assume or have any liability for any action taken by HERONRIVERHOA.com or such third party with respect to any submission.
 

Right to Terminate Access
 

HERONRIVERHOA.com reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion. HERONRIVERHOA.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Disclosure Under Law
HERONRIVERHOA.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
 

Personally Identifying Information
 

HERONRIVERHOA.com cautions you against giving out any personally identifying information about yourself in any Communication Service. In an effort to preserve your privacy, HERONRIVERHOA.com agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy.
 

Disclaimer and Limitations on Liability
 

You understand that HERONRIVERHOA.com cannot and does not guarantee or warrant that files available for downloading from the HERONRIVERHOA.com Website will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to Your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that You will maintain adequate means of backup of your personal data, external to this website. HERONRIVERHOA.com further disclaims any responsibility to ensure that the Content located on its Site is necessarily accurate, complete and up-to-date. To the extent permitted by law, neither HERONRIVERHOA.com nor its officers, or agents will be liable inany way for any loss, damage, costs or expenses suffered by You or claims made against You by reason of Your use of the Site or in connection with any services or information supplied, offered to be supplied or advertised through the Site. To the maximum extent permitted by law, all warranties, conditions and representations about the Site, the accuracy or timeliness of the material provided on the Site and the services advertised via the Site are expressly excluded. Where any legislation implies a condition or warranty, and that legislation prevents HERONRIVERHOA.com from excluding or modifying the application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included provided however, that HERONRIVERHOA.com will be limited, to the maximum extent permitted by law, for a breach of that condition or warranty to one or more of the following: (i) supplying the services to you again or (ii) the payment of the cost of having the services supplied to you again. Neither HERONRIVER.com nor any other party involved in creating producing, or delivering the Site, will be liable to you for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, or use of the Site.
 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HERONRIVERHOA.COM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HERONRIVERHOA.COM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY HERONRIVERHOA.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HERONRIVERHOA.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HERONRIVERHOA.COM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. HERONRIVERHOA.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. HERONRIVERHOA.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HERONRIVERHOA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HERONRIVERHOA.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT,TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO HERONRIVERHOA.COM FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
 

Indemnity
 

You indemnify and agree to keep HERONRIVERHOA.com, its affiliates, officers, and agents (Indemnified Parties) indemnified against all claims, demands, actions, proceedings, costs, expenses, liabilities and loss suffered by HERONRIVERHOA.com, directly or indirectly as a result of any breach of your obligations under this Agreement including any use of Content other than as expressly authorized in these Terms of Use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
 

Trademarks, Copyrights, and Other Intellectual Property Rights
 

Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing in this Site are the property of HERONRIVERHOA.com, the party that provided the intellectual property to HERONRIVERHOA.com, or the third parties whose sites are linked to this Website. HERONRIVERHOA.com and any party that provides intellectual property to HERONRIVERHOA.com, or whose website is linked to this Site retain all rights with respect to any of their respective intellectual property appearing in this Site. All content of the HERONRIVERHOA.com Website is protected by a copyright: Copyright © HERONRIVERHOA.com 2021. All rights reserved.
 

Privacy
 

Please see our privacy policy which is set forth in a separate link contained in the footer of the homepage for this website. Said privacy policy is incorporated by reference herein.
 

Miscellaneous
 

These Terms of Use will be governed and interpreted pursuant to the laws of Idaho, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Idaho in connection with any dispute between you and HERONRIVERHOA.com arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Los Angeles, Idaho. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed sever able and will not affect the validity and enforce-ability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between You and HERONRIVERHOA.com as a result of this agreement or use of HERONRIVERHOA.com Website. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and HERONRIVERHOA.com with respect to HERONRIVERHOA.com Websites. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain. HERONRIVERHOA.com may revise these Terms of Use at any time by updating this posting.

 

Summary
 

Any rights not expressly granted herein are reserved. By using this Site, User acknowledges and agrees that the information provided by HERONRIVERHOA.com and its affiliates, contractors, agents and assigns, is one of convenience only, and you do not rely on HERONRIVERHOA.com and its affiliates, contractors, agents and assigns, to provide you with advice concerning the facts and circumstances unique to your situation. If you are uncertain about the meaning or effect of any information provided by HOA Membership Services, you agree that you will obtain outside counsel.  DO NOT USE ANY INFORMATION PROVIDED BY HERONRIVERHOA.COM, IF YOU DO NOT FULLY UNDERSTAND THE CONSEQUENCES.



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