Last Modified: January 19th 2023
This End User License Agreement (“EULA”) is entered into by and between you, the residence, or company/ firm that you represent (“You”) and McNeil Management Services Inc. (“Company”).
Updates You understand that the Portal may evolve over time. The Company may modify the Portal from time to time at our sole discretion and without notice, including adding, modifying, removing, and replacing the features, functions, and services available, enabled, or otherwise accessible. As a result, it may become necessary to empty or reset your browser’s cache, update browser version, or other device firmware/software to continue receiving updated/functioning access to the Portal.
Data All information submitted or collected by the Portal will be used for Association matters, or retained for internal business purposes, or to optimize existing features, or functionality, or otherwise to modify, improve, or enhance the Portal; accordingly, you grant the Company a nontransferable, nonexclusive, perpetual license (without the right to sublicense) to access and use the data that you provide to the Portal for these purposes. In addition, you consent to receive Association communications, notifications, and other records or correspondences (including, but not limited to, violation notices, architectural review notifications, assessment matters, etc.) via your email associated with your registered account in lieu of physical mail (unless required) delivered by the U.S. Postal Service.
Term and Termination This EULA and the license granted to you are effective on the date you first access the Portal and shall continue unless terminated by either party pursuant to this paragraph. The Company may terminate this EULA immediately upon notice to you, unless, in our sole discretion, your continued use of the Portal may subject us to third-party liability, in which case we may terminate this EULA immediately without notice to you. You may terminate this EULA at any time, with or without cause. If you terminate this EULA, your license to use and access the Portal shall terminate immediately. Upon termination of the EULA for any reason, you shall be denied access to the Portal, and must cease any further use.
Restrictions The rights granted to you in this EULA are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose, or otherwise commercially exploit any part of the Portal, or make any portion of the Portal available to any third party; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Portal; (c) you shall not access the Portal in order to build a similar or competitive product or service; (d) except as expressly stated herein, no part of the Portal may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and (e) any future release, update, or other addition to functionality of the Portal provided by the Company (if any) shall be subject to the terms of this EULA unless the Company expressly states otherwise. You shall preserve all copyright and other proprietary rights notices on the Portal and all copies thereof.
Additional Agreements In the event that you are granted access to the Portal in accordance with another agreement with the Company, additional terms and conditions (including, without limitation, access restrictions, data submission limits or usage limitations, and the like) may apply, depending upon the nature of such an agreement. In the event of a conflict between this EULA and the terms and conditions of such other agreement, the terms and conditions of this EULA shall prevail, but only to the extent of such conflict. In addition to the Company’s termination rights set forth below, the Company reserves the right to terminate your license to access the Portal in the event of your breach of any other such agreement with the Company through which you are granted such access.
You are responsible for making all arrangements necessary for you to have access to the Portal.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Portal or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
<![if !supportLists]>· <![endif]>Your computer may temporarily store copies of such materials in random access memory (RAM) incidental to your accessing and viewing those materials.
<![if !supportLists]>· <![endif]>You may store files that are automatically cached by your Web browser for display enhancement purposes.
<![if !supportLists]>· <![endif]>You may print or download materials from the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
<![if !supportLists]>· <![endif]>If we provide desktop, mobile, or other applications (including the Application defined above) for download, you may download a copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
<![if !supportLists]>· <![endif]>Modify copies of any materials from the Website.
<![if !supportLists]>· <![endif]>Use any illustrations, photographs, video or audio sequences, or any graphics for any commercial purpose whatsoever, and in no event may you use such materials separately from the accompanying text.
<![if !supportLists]>· <![endif]>Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website except as noted above.
<![if !supportLists]>· <![endif]>In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
<![if !supportLists]>· <![endif]>For the purpose of exploiting or harming others in way of the misuse of content, financial information, or personally identifiable information, or otherwise.
<![if !supportLists]>· <![endif]>To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
<![if !supportLists]>· <![endif]>To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
<![if !supportLists]>· <![endif]>To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
<![if !supportLists]>· <![endif]>Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
<![if !supportLists]>· <![endif]>Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Portal or the Website.
<![if !supportLists]>· <![endif]>Use any device, software, or routine that interferes with the proper working of the Website. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
<![if !supportLists]>· <![endif]>Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
<![if !supportLists]>· <![endif]>Attack the Portal or the Website via a denial-of-service attack or a distributed denial-of-service attack.
<![if !supportLists]>· <![endif]>Otherwise attempt to interfere with the proper working of the Portal or the Website.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
<![if !supportLists]>· <![endif]>Remove or refuse any User Contributions for any or no reason in our sole discretion.
<![if !supportLists]>· <![endif]>Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
<![if !supportLists]>· <![endif]>Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Portal.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
<![if !supportLists]>· <![endif]>Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
<![if !supportLists]>· <![endif]>Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
<![if !supportLists]>· <![endif]>Be likely to deceive any person.
<![if !supportLists]>· <![endif]>Promote any illegal activity, or advocate, promote, or assist any unlawful act.
<![if !supportLists]>· <![endif]>Impersonate any person or misrepresent your identity/affiliation with any person or organization.
<![if !supportLists]>· <![endif]>Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
<![if !supportLists]>· <![endif]>Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
If the Website includes content provided by third parties, including materials provided by other users, any such statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Subject to the foregoing, you must not:
<![if !supportLists]>· <![endif]>Establish a link from any website that is not owned by you.
<![if !supportLists]>· <![endif]>Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
<![if !supportLists]>· <![endif]>Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw any linking permission without notice.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED STRICTLY AND EXCLUSIVELY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR WITH RESPECT TO THE CONTENT ACCESSIBLE VIA THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE DO NOT INFRINGE THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.