Policy

 

POLICY AND AGREEMENT

Effective/Revised 02 Mar, 2012:


Welcome to the Tollgate Crossing website - A portal for the Tollgate Crossing community (further referred to as the ‘community’). This website  and associated mailing lists are designed for the use of Tollgate Crossing residents, friends, family members, and visitors. It is designed for the dissemination of community information and information related to the safety and security of community residents.


The following terms apply to your use of and access to the community website, the use of/participation in the associated mailing lists and bulletin boards, as well as any electronic transmission sent, received, posted, accessed, or stored via the website, mailing lists or bulletin boards. Certain services offered through our website or mailing lists may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.


COVERAGE OF THIS POLICY AND AGREEMENT

These terms explain the policies that govern your access to and use of our website and mailing lists, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.


By accessing or using our website, mailing lists, or bulletin boards you agree to these terms (collectively the "Policy and Agreement"), as they may be modified from time to time. If you do not agree to accept and comply with the Policy and Agreement, do not access or use our website or mailing lists. If enrolled in one of the community mailing lists, you may unsubscribe (by following directions included at the bottom of each email message) from the mailing lists(s) at any time.


LINKS TO THIRD PARTY SITES

The website, mailing list messages or bulletin board posts may contain links to other websites that are maintained by third parties over which our community (and this author) has no control. These links are provided for convenience only. Use of these links will cause you to leave this site and use of third-party websites is entirely at your own risk. The watch group makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Our community does not sponsor or endorse the operators of the sites or the content, products or services they provide, and we are not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.


ILLEGAL, HARMFUL, PROHIBITED USES

You may access and use our website, mailing lists and bulletin boards only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via our website, mailing lists or bulletin boards, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following ‘non-exhaustive’ list details the kinds of illegal, harmful or prohibited activities that are not permitted:

Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.

Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Commercial Offers: Disseminating or posting commercial offers to other mailing list members. The website and CrossTalk mailing list were not designed as a commercial venue for your profit/personal business. If you wish to conduct business with other members do so outside the website or mailing lists. Community appropriate/related commercial offers are permitted on the Tollgate Crossing bulletin boards and the Tollgate Crossing Business Directory mailing list. See the eMail lists page for information on acceptable forms of commercial solicitation (Non-commercial: Selling used items, seeking  recommendations for a good landscaper, selling a used set of tires, etc / Commercial: Your personal business within Tollgate Crossing, or you are a Tollgate Crossing resident and you own a business).

Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).

Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.

Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.


ELECTRONIC COMMUNICATIONS

You may not distribute, publish, or send through our website, mailing lists or bulletin boards: (1) unsolicited commercial advertisements, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam") Note: Community appropriate/related commercial offers are permitted on the bulletin boards; (2) chain mail; (3) numerous copies of the same or substantially similar messages; (4) empty messages; (5) messages which contain no substantive content; or (6) very large messages or files intended to disrupt a server, account, newsgroup, or chat service.


Likewise, while using our website, mailing lists or bulletin boards, you may not (1) participate in collecting e-mail addresses, names, or other personal information (without the prior written consent of the individuals concerned), a practice sometimes known as spidering, scraping, or harvesting; (2) use software (including "spyware") designed to facilitate the collection of personal information; (3) collect responses from unsolicited messages.


NETWORK SECURITY AND INTEGRITY

You may not violate the security of our website, mailing lists or bulletin board in any way. Such violations may result in criminal or civil liability. Website, Mailing list and Bulletin Board administrators may, but are not obligated to, investigate any such security violations. Website, Mailing list and Bulletin Board administrators will cooperate with law enforcement where criminal or unauthorized activity is suspected. By using the community Website, Mailing list and Bulletin Boards (sending, receiving, posting, accessing, or storing any electronic transmission via our Website, Mailing list and Bulletin Board, you agree to cooperate, as well, in any such investigation. Examples of security violations include, without limitation:

Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.

Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.

Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.

Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.

Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by the Website/Mailing list administrators or attempting to gain unauthorized access to, alter, or destroy any information that relates to any community member or other end-user of the community website or mailing lists. The Website, Mailing list and Bulletin Board administrators may, but are not obligated to, take any action deemed necessary to protect the website and mailing lists, its rights or the rights of its members or third parties, or (2) optimize or improve its website, mailing lists, bulletin board, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the website or mailing lists. The Website/Mailing list administrators may, in their sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.


INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT

All users of the Website, Mailing list and Bulletin Board must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution.


We may also access and disclose any information (including transactional information) related to your access and use of our Website, Mailing list and Bulletin Board for any lawful reason, including but not limited to: (1) responding to emergencies;' (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.


DISCLAIMER OF WARRANTIES AND LIABILITY

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE COMMUNITY WEBSITE OR MAILING LISTS. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A COMMUNITY WEBSITE OR MAILING LIST IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." THE COMMUNITY AND ITS MEMBERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE, MAILING LISTS OR BULLETIN BOARDS. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. THE COMMUNITY DOES NOT GUARANTEE THAT ITS WEBSITE OR MAILING LISTS WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE COMMUNITY OR ITS MEMBERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE, MAILING LISTS OR BULLETIN BOARDS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMMUNITY AND ITS MEMBERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY COMMUNITY WEBSITE, MAILING LIST OR BULLETIN BOARD ACTIVITY WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMMUNITY, AND ITS MEMBERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless the community and any of its members from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our website, mailing lists or bulletin boards; or (5) your use of our website, mailing lists or bulletin boards.


MODIFICATION OF THE POLICY AND AGREEMENT

We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.tollgatecrossing.org. You agree to the Policy and Agreement by accessing or using our website, mailing lists or bulletin boards.


PRIVACY POLICY (Collection and use of personal data)

The owner/operator/publisher/maintainer of this website, its mailing lists, bulletin boards and affiliated services respects the privacy of visitors to our website and its affiliated services (webpages, mailing lists, bulletin board). Your email address and any other personal information/data will be kept confidential. It won’t be intentionally sold, leased, given away, published, posted, or otherwise disclosed (outside of law-enforcement disclosure in accordance with 18 U.S.C. § 2702(b) or § 2702(c) or other applicable laws) to any third parties without your prior approval. Your disclosure of your email address or personal information, does not constitute a violation of this privacy policy by the community or its members.


PUBLICATION OF ‘PERSONAL NOTES’ AND OPINIONS

This website is not an ‘official’ outlet/portal of any HOA or Metro District Management company (or it’s employee(s)). Occasionally, the administrator of this web site will publish (via the website, mailing lists or bulletin boards) ‘personal notes’ or transcripts from various meetings within the community (Tollgate Crossing, possibly a wider community or other communities). I encourage you to attend these meetings whenever possible, and if that isn’t possible, please be sure to read the ‘official’ minutes whenever possible. When these ‘personal notes’ are published, a disclaimer is included, reminding the reader that these are in fact ‘personal notes’. These notes are ‘Not’ meant as an official transcript of any meeting/event, and may contain some of the authors personal opinions/point of view (which might be contrary to your own opinion(s)). Any errors in the publication of these ‘notes’ should be considered unintentional.


If you notice errors please feel free to contact the author with your observations (email to the web administrator will be forwarded). If you’d like to provide your own notes for such distribution, I encourage you to send them to the web administrator. If they are appropriate for posting/distribution they may be published/distributed (with your permission).


QUESTIONS AND COMMENTS

We invite you to send in your questions or comments about our website, mailing lists or bulletin boards. You may bring to our attention any material you believe to be inaccurate, offensive or in violation of law (including copyright concerns). Please send such comments, including a copy of any material you wish to discuss, to the administrator listed here. If you want to report any violations of this Policy and Agreement, please contact us at one of the following email addresses:


Administrator: Robert L. Vaessen - email: <webmaster@tollgatecrossing.org>


We hope you enjoy using our services and we welcome suggestions for improvements.


Robert L. Vaessen

Resident, home owner, concerned member of the community.