Terms of Service - Revised 10/22/07
TERMS AND CONDITIONS OF SERVICE
For Intranet Hosting through Myterrawest.com,
a service provided by
Terra West Property Management Company.
I. INTRODUCTION:
Welcome to Myterrawest.com! Myterrawest.com, a hosted intranet service of Terra West Property Management Company, allows your organization to create its own website (the "Site") where members can obtain general information and correspond with one another. Organizations that subscribe to Myterrawest.com, known as "Intranet Subscribers," are given a unique URL once they are registered. This URL allows the Intranet Subscriber's members ("Members") to access the Site directly and gives them access to intranet, web-hosting, and other services described in the Terms and Conditions of Service.
II. DEFINITIONS:
For purposes of these Terms and Conditions, the following terms shall have the stated meanings:
"Myterrawest.com" is the hosted intranet service of Terra West Property Management.
"Intranet Subscriber" means the organization is utilizing any services provided by Terra West Property Management through its hosted intranet service, Myterrawest.com. For example, the HOA and its' Board of Directors.
"Member" means any individual that belongs to an Intranet Subscriber and has permission to access the Intranet Subscriber's Site. The individual who is responsible for accepting the Terms and Conditions of Services upon registering for the Site, and prior to accessing any content on the Site.
"Terra West Property Management" means Terra West Property Management Company, 2655 S. Rainbow Blvd., Suite 200, Las Vegas, NV 89146.
"Site Administrator" means the person or group responsible for the creation, set-up, and maintenance of the Site, including providing access to the Intranet Subscribers and its Members. The current Site Administrator is the Terra West Property Management IT Department.
"Site" refers to the Intranet Subscriber's intranet site.
"Site Name" refers to the name that will be used by the Intranet Subscriber to identify its site to its members. The Site Name will be chosen by the Site Administrator; however requests to change it may be made by the Intranet Subscriber.
"Website" refers to the Terra West Property Management website and/or the Myterrawest.com website and all of the information contained on those sites.
III. USER'S RIGHTS AND RESPONSIBLITIES:
The Terms and Conditions provide certain rights to Terra West Property Management, the Intranet Subscriber, and its Members. Terra West Property Management reserves the right to change the Terms and Conditions, provided it gives notice of those changes to Intranet Subscriber and Members. Continued use of the Site by the Intranet Subscriber or its Members will act as (a) acceptance of the changes and (b) an agreement to abide by the changes. By completing the registration process outline and clicking "I Accept," Members agree to:
1) the representations and conditions set forth;
2) accept and abide by these Terms and Conditions, as well as any changes made to these terms, without limitation;
3) accept responsibility for routinely reviewing these Terms and Conditions so as to keep abreast of any changes or modifications. The current Terms and Conditions can be obtained online at http://www.terrawest.com/tos.htm;
4) ensure that all personal information, including email addresses, contact information, and billing information when appropriate, is accurate and current. If any changes in information should occur, the Intranet Subscriber and/or its Members agree that it is their responsibility to update the information immediately;
5) regularly review email messages from Terra West Property Management to be alerted to any changes, notices, or information regarding services
6) understand that the account balances may not be up to date;
7) due to a recent software conversion, all existing (current and completed) violations and applications may not be displayed. Please call your Associations hotline if you have any questions.
IV. DESCRIPTION OF SERVICES:
Terra West Property Management provides each Intranet Subscriber with a unique URL that will give the Intranet Subscriber and its Members access to intranet applications, web-hosting services, and other optional services. Services are provided for the sole use of the Intranet Subscriber and its Members and may only be used in the creation and use of an intranet site for internal use by the Intranet Subscriber and its Members. Terra West Property Management reserves the right to modify or cancel any of the services it provides. Terra West Property Management also reserves the right to modify or cancel the Intranet Subscriber's or its Members' access according to the provisions.
V. ELIGIBILITY:
Terra West Property Management offers its Services only to individuals and legal entities that are capable of entering into legally binding agreements. If Intranet Subscriber or Member is an individual under the age of 18, or otherwise incapable of entering into a binding agreement, Intranet Subscriber or Member is not authorized to utilize Terra West Property Management' Services. Terra West Property Management may suspend or terminate eligibility if it determines that, in its good faith judgment, Intranet Subscriber or Member has engaged in fraudulent or improper activity in connection with the utilization of Terra West Property Management' services. To be eligible to use Terra West Property Management' Services, Intranet Subscriber or Member must comply with all applicable laws, statutes, ordinances and regulations. Intranet Subscriber or Member may not use the Services to:
1. Publish or transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Falsely identify yourself as any other person or entity to another Member, falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate another Member;
3. Disguise the source or origin of any Intranet Subscriber or Member information;
4. Publish or transmit any information that Intranet Subscriber or Member does not have a legal right to publish or transmit (such as trade secret or other proprietary information, inside information, or information subject to a confidentiality agreement);
5. Publish or transmit any information that infringes any patent, trademark, trade secret, copyright or other intellectual property of a third party;
6. Publish or transmit any unsolicited or unauthorized advertising, promotional materials, spam, unwelcome e-mail, or any other form of solicitation;
7. Publish or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Interfere with or disrupt the software or hardware providing the services offered by Terra West Property Management.
Terra West Property Management, based on its sole discretion, reserves the right to examine the information or Member data contained within any Site for the purpose of determining if a violation of these Terms and Conditions has occurred.
If, as a result of a Intranet Subscriber's use of Terra West Property Management' services, it has a dispute with one or more Members, Intranet Subscriber releases Terra West Property Management, its affiliates, officers, directors, agents, and employees from all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the dispute.
To report a violation of this policy, please send an email to abuse@terrawest.com.
VI. REPRESENTATIONS OF INTRANET SUBSCRIBER'S SITE ADMINISTRATOR:
Registration acts as acceptance of the Terms and Conditions contained in this Agreement. By accepting the Terms and Conditions, the Intranet Subscriber and Members represents and warrants that:
1) The Site Administrator will need to make decisions concerning the level of privacy, security, and desired options that best suit the needs of the Intranet Subscriber and its Members.
2) The Site Administrator will also control which members have access to the site and what options and privileges those members will have once they have registered.
3) Other Site Administrators may be registered. Once registered, additional Site Administrators agree to abide by all the terms and conditions and are responsible for promptly reviewing any notices received from Terra West Property Management regarding the Intranet Subscriber's Site. Authorized Site Administrators and have the legal authority to register and enter into this Agreement on behalf of the Intranet Subscriber and thereby binds the Intranet Subscriber to the Terms and Conditions of this Agreement.
4) The Intranet Subscriber and its Members consent to the Terms and Conditions of this Agreement.
VII. REGISTRATION PROCESS:
To have an intranet site, each Intranet Subscriber and its Members must complete the registration process. Terra West Property Management has sole discretion regarding the timing, nature, and content of all correspondence with Site Administrators, Intranet Subscribers, and Members.
VIII. CONFIDENTIALITY:
The Intranet Subscriber and its Members are responsible for the confidentiality of the site. The protection of passwords and the privacy of any information shared on the site is the responsibility of each Member and the Intranet Subscriber as a whole. The Intranet Subscriber and its Members are responsible for ensuring the confidentiality of any information exchanged within its site and for any content posted on its site. The Intranet Subscriber agrees to notify Terra West Property Management immediately of any breaches of security, including unauthorized use, activities, or disclosure. If Intranet Subscriber fails to notify Terra West Property Management of any security breach or fails to abide by the provisions set forth above, it agrees to hold Terra West Property Management harmless for any damages that may occur in connection with any of these provisions.
IX. ACCESS TO SERVICES:
Access:
Terra West Property Management provides each Intranet Subscriber with the capability to create an intranet site. Terra West Property Management promises to make reasonable efforts to provide a quality of service that meets or exceeds prevailing industry standards. Terra West Property Management will make every effort to provide access to the Site on a twenty-four-hour per day, seven-day per week basis. The Intranet Subscriber and its members recognize, however, that despite Terra West Property Management' good faith efforts, at times access will be unavailable due interruption of major network connectivity, network and server limitations, back-up and regular maintenance performed by Terra West Property Management, or for any other reason.
Third Party Providers:
Terra West Property Management' website contains links to the sites of Terra West Property Management' partners, affiliates, and providers of services or content to Terra West Property Management ("Third Party Providers"). These links are provided as a convenience and service to the Intranet Subscriber and its Members. Terra West Property Management does not regulate these sites, nor will Terra West Property Management be held liable for the accuracy or reliability of any of these sites, their content, the products they advertise, or any transmissions conducted by such sites. Furthermore, Terra West Property Management will not be held liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information. If Intranet Subscriber or its Members decide to use the provided links, they acknowledge that they are bound by the privacy and use policies of each linked site.
Any text, graphics, logos, trademarks, copyrighted information, or any other material published by Terra West Property Management or its Third Party Providers remains the property of Terra West Property Management or the identified provider of the material. Intranet Subscriber and its Members agree to respect the property rights associated with these materials.
Note on Hyperlinks:
Through Intranet Subscriber's or a Member's use of the services, Intranet Subscriber or a Member may be provided with hyperlinks to other Internet sites or resources. Terra West Property Management has no control over those sites and resources. Intranet Subscriber and its Members acknowledge that Terra West Property Management is not responsible for the availability of those hyperlinked sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from those sites or resources. Intranet Subscriber and its Members further acknowledge that Terra West Property Management shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information, goods, or services available on or through any such site or resource.
X. WARRANTY:
Terra West Property Management PROVIDES SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. Terra West Property Management SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Terra West Property Management MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET INTRANET SUBSCRIBER'S OR MEMBER'S REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY INTRANET SUBSCRIBER OR MEMBER THROUGH THE SERVICES WILL MEET INTRANET SUBSCRIBER'S OR THE MEMBER'S EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT INTRANET SUBSCRIBER'S AND MEMBER'S OWN DISCRETION AND RISK AND INTRANET SUBSCRIBER AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS, HIS, OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY INTRANET SUBSCRIBER OR MEMBER FROM Terra West Property Management, THROUGH OR FROM THE SERVICES IT PROVIDES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES PROVIDED IS DONE AT INTRANET SUBSCRIBER'S AND MEMBER'S OWN DISCRETION AND RISK AND INTRANET SUBSCRIBER OR MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS, HIS, OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY INTRANET SUBSCRIBER OR MEMBER FROM Terra West Property Management, THROUGH OR FROM THE SERVICES IT PROVIDES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.
XI. INDEMNITY:
Intranet Subscriber and its Members agree to indemnify and hold Terra West Property Management and its subsidiaries, affiliates, officers, directors, agents, and employees, and any providers of data used on Intranet Subscriber's Site or the Terra West Property Management' Website, harmless from any claim or demand, including reasonable attorneys' fees, made by any Intranet Subscriber, Member, or other third party due to or arising out of Intranet Subscriber's or Members' breach of this Agreement or the documents it incorporates by reference, or Intranet Subscriber's or Members' violation of any law or the rights of a third party.
XII. PROPERTY RIGHTS:
The content on this Website, including all text, graphics, logos, button icons, images, audio clips, and software, and the collection, arrangement, and assembly of that content, is the property of Terra West Property Management and is protected by U.S. and international copyright laws. Terra West Property Management owns all software used on this Website. The software is protected by U.S. and international copyright laws. Any use of the software or content of this site that is inconsistent with the Website's purpose, including the reproduction, modification, distribution, transmission, republication, display, or performance, is strictly prohibited.
Terra West Property Management retains the rights to all trademarks, trade names, service marks, service names and logos ("Marks") on this Website. No Marks may be used in any manner that is likely to cause confusion as to the source or origin of any goods or services, or in any manner that disparages or discredits Terra West Property Management.
This Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Terra West Property Management.
Any comments, ideas, or suggestions submitted to Terra West Property Management through this interface become the sole property of Terra West Property Management. Terra West Property Management may use any information submitted in this manner without any obligation to the Intranet Subscriber or Member who submitted it.
Information posted on the Intranet Subscriber's Site by the Intranet Subscriber or its Members, particular to the Intranet Subscriber's organization, will remain the sole property of the Intranet Subscriber, its Members, or any party with rights therein.
Notification of claimed copyright infringement should be sent to: Terra West Property Management Company., 2655 S. Rainbow Blvd., Suite 200, Las Vegas, NV 89146; (702) 362-6262; email: abuse@terrawest.com.
XIII. LEGAL STIPULATIONS:
Representations:
The Intranet Subscriber represents that no joint venture, partnership, employment, or agency relationship exists between Terra West Property Management and the Intranet Subscriber or its Members as a result of the Terms and Conditions contained in this document, or by the use or access to the services provided by Terra West Property Management.
Entire Agreement:
These Terms and Conditions, incorporating any notices and policies published on the Terra West Property Management Website, constitute the entire agreement between the Intranet Subscriber, its Members, and Terra West Property Management. This Agreement supersedes all other communications, in whatever form, between the Intranet Subscriber, its Members and Terra West Property Management.
Jurisdiction and Venue:
The Terms of this Agreement and all the provisions contained within, as well as the relationship between the Intranet Subscriber, its Members, and Terra West Property Management, are governed by the laws of Nevada and the United States of America without regard to conflict of law provisions. The Intranet Subscriber and its Members agree to the personal and exclusive jurisdiction and venue of the state and federal courts located in Las Vegas, Nevada, U.S.A. concerning any and all disputes arising out of or relating to the use or access of Terra West Property Management' services or Website under this Agreement.
Voided or Invalid Provisions:
If a court of law finds any part of the Terms and Conditions invalid or unenforceable, the provision will be replaced by a valid, enforceable clause that most closely resembles the intent of the initial provision. The unenforceable or invalid provision has no effect on the remaining terms and conditions, which remain in effect as contained herein.
Waiver:
Terra West Property Management' failure to exercise any of its rights under this Agreement does not constitute a waiver such right.
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