Terms of Use

Introduction

Welcome to delawarepointefishers.com. This site is owned by Delaware Pointe Homeowners Association (Delaware Pointe HOA).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your agreement to these Terms of Use and our Privacy Policy. Click here to review our Privacy Policy. If you do not agree to these Terms of Use, please do not use this site. Delaware Pointe HOA reserves the right, at our discretion, to change, add, remove or otherwise modify portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of changes to these Terms of Use means you accept those changes.

Ownership

All content included on this site, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software, is the property of Delaware Pointe HOA or Delaware Pointe HOA's content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content of this site is the property of the Delaware Pointe HOA and is protected by the laws of the United States and other countries and international treaties.

License and Site Use

Delaware Pointe HOA grants you a limited license to access and make personal, non-commercial use of this site. In accordance with these Terms of Use, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages, as necessary to access the site (for personal, non-commercial use provided that all copyright and proprietary notices are maintained) or modify all or part of the site without Delaware Pointe HOA's express written consent. Except only as expressly provided herein, this site (or any derivative work version of it), its contents, and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any purpose without Delaware Pointe HOA's prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of membership and account information, credit card information, usernames, passwords and IDs that may be required to use the site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). Delaware Pointe HOA reserves the right in its sole discretion to refuse access to the site or services provided through it, terminate accounts and usage rights, edit, or remove content or Submissions (as defined below) and cancel orders or requests for materials made through the site.

Submissions

Any information or materials you transmit, upload or otherwise submit to the Delaware Pointe HOA site (including, without limitation, comments, reviews, postings to chat, email messages or materials directed to any Forum, as the term is defined below) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to Delaware Pointe HOA via our website or other means of transmission or delivery, shall be collectively referred to as "Submissions." You hereby agree and represent to Delaware Pointe HOA that you own or have been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to Delaware Pointe HOA that no such Submissions are, or shall be, subject to any obligation of confidence on the part of Delaware Pointe HOA and that Delaware Pointe HOA shall be liable for any use or disclosure of any Submissions.

Forums and Public Communication

"Forum" means a chat area, message board, email function, or other function which allows you to transmit or submit material to a Delaware Pointe HOA site for display, storage or distribution, offered as part of the Delaware Pointe HOA site or by an affiliated company/organization and/or service provider of the Delaware Pointe HOA. Where the Forum is provided on a site other than a Delaware Pointe HOA site, you will be bound by the terms of service and privacy policy of the site you have linked to. If you participate in any Forum within a Delaware Pointe HOA site, you must not and agree that you will not through the use of any Submission or otherwise:

defame, abuse, harass or threaten others;
make any bigoted, hateful or racially offensive statements;
advocate illegal activity or discuss illegal activities with the intent to commit them;
post or distribute any material that infringes and/or violates any right of a third party or any law;
post or distribute any vulgar, obscene, discourteous or indecent language or images;
advertise or sell to, or solicit, others;
post or distribute any software or other materials which contain a virus or other harmful component; or
post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

In addition, you must note and agree that you will not use a false email address, impersonate any person or entity or otherwise mislead others as to the source of origin of a Submission.

Delaware Pointe HOA reserves the right to remove or edit content from any Delaware Pointe HOA Forum at any time and for any reason but does not regularly review posted Submissions.

Any material transmitted, submitted or otherwise delivered to a Forum shall constitute a Submission and is hereby governed by the terms applicable to Submissions as described herein.

When participating in a Forum, never assume that people are whom they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other user-generated content area. Information obtained in a Forum may not be reliable, and Delaware Pointe HOA is not responsible for the content or accuracy of any information.

Content Linked to the Delaware Pointe HOA Site

Please exercise discretion while browsing the Internet using the Delaware Pointe HOA site. You should be aware that while you are on the Delaware Pointe HOA site, you could be directed to other sites that are beyond our control. There are links to other sites from Delaware Pointe HOA pages that take you outside of our service. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Delaware Pointe HOA reserves the right to disable links from third party sites to the Delaware Pointe HOA site. Delaware Pointe HOA makes no representations concerning the content of sites linked to the Delaware Pointe HOA site or listed in any of our directories or Forums. Consequently, Delaware Pointe HOA cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a Delaware Pointe HOA site.

Disclaimer

THE MATERIALS IN THIS Delaware Pointe HOA SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Delaware Pointe HOA AND ITS CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, AND INTENDED THIRD PARTY BENEFICIARIES (COLLECTIVELY “Delaware Pointe HOA PARTIES”) , DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. Delaware Pointe HOA PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE Delaware Pointe HOA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Delaware Pointe HOA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Delaware Pointe HOA PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE Delaware Pointe HOA SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

Delaware Pointe HOA Parties explicitly disclaims any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from the Delaware Pointe HOA site. Delaware Pointe HOA cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from the Delaware Pointe HOA site or third party content on the Delaware Pointe HOA site. Delaware Pointe HOA Parties do not endorse any of the merchandise (if any) except as expressly provided, nor has Delaware Pointe HOA Parties taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. Delaware Pointe HOA Parties do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Delaware Pointe HOA Parties with respect to such sites and third party content. Delaware Pointe HOA Parties strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Credit Cards

Delaware Pointe HOA may provide your credit card number, billing, and shipping information to participating financial institutions pursuant to transactions with the Delaware Pointe HOA website. Otherwise, Delaware Pointe HOA does not share your credit card information with anyone else. For more information, please read our Privacy Policy.

To protect the security of your credit card information, Delaware Pointe HOA employs the industry-standard Secure Sockets Layer (SSL) technology. Delaware Pointe HOA also encrypts your credit card number when Delaware Pointe HOA transfers that information to participating financial institution. Delaware Pointe HOA strongly encourages members not to store credit card information directly on the Delaware Pointe HOA website and instead use a service, such as PayPal, Venmo, or other outside financial transaction provider to pay invoices.

Indemnification

You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold Delaware Pointe HOA, the Delaware Pointe HOA’s subsidiaries and other affiliated companies/organizations, contractors, agents, partners, and sponsors and their respective officers, directors, volunteers, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney’s fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this Delaware Pointe HOA site or of any site linking to this or any other Delaware Pointe HOA site. You shall use your best efforts to cooperate with us in the defense of any claim.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Delaware Pointe HOA PARTIES (AS DEFINED IN THE DISCLAIMER SECTION ABOVE) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE Delaware Pointe HOA SITE OR MATERIALS OR FUNCTIONS ON THE SUCH SITE, EVEN IF Delaware Pointe HOA PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN THE Delaware Pointe HOA.

Jurisdictional Issues

Unless otherwise specified, the materials in the Delaware Pointe HOA site are presented solely for the purpose of sharing information about community activities and related updates. Delaware Pointe HOA makes no representation that materials on any Delaware Pointe HOA site are appropriate or available for use in any particular location. Those who choose to access a Delaware Pointe HOA site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

These Terms of Use are effective until terminated by either party. Your access to the Delaware Pointe HOA site may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term of these Terms of Use. Upon such termination, you must cease use of the Delaware Pointe HOA site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of the Delaware Pointe HOA site. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Delaware Pointe Homeowners Association
Atten: Secretary

PO Box 541

Fishers, Indiana 46038

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed or multiple copyrighted works at a single online site are covered by a single notification, and a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
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 owner of an exclusive right that is allegedly infringed.

General Provisions

By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in Hamilton County, Indiana and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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