TERMS OF USE

Welcome to the Upper Nichols Canyon Neighborhood Association (UNCNA)

1.     Your relationship with UNCNA. Your use of UNCNA's services and web site (referred to collectively as the "Services" in this document is subject to the terms of a legal agreement between you and UNCNA set forth in these Terms of Use.  By using the Services, you agree to and accept the Terms.  This document forms a legally binding agreement between you and UNCNA in relation to your use of the Services. It is important that you take the time to read this carefully. This legal agreement is referred to below as the "Terms".

2.     Use of the Services by you.

(a)      In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services.

(b)     You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by UNCNA, unless you have been specifically allowed to do so in a separate agreement with UNCNA. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).

(c)     You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

(d)     You agree that you are solely responsible for (and that UNCNA has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which UNCNA may suffer) for any such breach.

3.    Content in the Services.  UNCNA reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

4.    Proprietary rights.  Unless you have agreed otherwise in writing with UNCNA, nothing in the Terms gives you a right to use any of UNCNA's trade names, trade marks, service marks, logos, or domain names.

5.    Content license from you.  By submitting, posting or displaying any content on UNCNA’s website, you give UNCNA a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, publish, publicly display and distribute any Content which you submit, post or display on or through, the Services.   You confirm and warrant to UNCNA that you have all the rights, power and authority necessary to grant the above license.

6.    EXCLUSION OF WARRANTIES.  UNCNA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF EVERY KIND, WHETHER EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."  IN PARTICULAR, UNCNA AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT (a) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

7.    LIMITATION OF LIABILITY.  UNCNA AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

8.    Other content:
(a)     The Services may include hyperlinks to other websites or content or resources. UNCNA may have no control over any websites or resources which are provided by companies or persons other than UNCNA.

(b)     UNCNA is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

9.    Changes to the Terms.  UNCNA may make changes to these Terms from time to time. When these changes are made, UNCNA will make a new copy of the Terms available at http://www.NicholsCanyon.org and any new Terms will be made available to you from within, or through, the affected Services.   If you use the Services after the date on which the Terms have changed, you agree that from your use of the Services, you have agreed to the updated Terms.

10.    General legal terms.

(a)     The Terms constitute the whole agreement between you and UNCNA and govern your use of the Services and supersede all prior agreements between you and UNCNA in relation to the Services.

(b)     The Terms, and your relationship with UNCNA under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and UNCNA agree to submit to the exclusive jurisdiction of the courts located within the County of Los Angeles, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that UNCNA shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.