Eastwood Community Association

www.myecanews.com

1.ACCEPTANCE OF TERMS

Welcome to the Eastwood Community Associations homeowners web site also referred to as “myecanews.com” The following are the current Terms of Service ('TOS'), which may be updated by us from time to time without notice to you. You can always review the most current version of the TOS at any time in the 'Documents' section of the web site. You are only authorized to access this web site or to use the information and materials contained in or on the web site if you agree to abide by all applicable laws, and to these terms and conditions of use which constitute an agreement between you and the Association. Use of the site is your agreement and acceptance of these terms.

2.MEMBER ACCOUNT, PASSWORD AND SECURITY

You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. It is your responsibility to immediately notify the Eastwood Community Association, Inc’s web administrator (“Web Administrator”) of any unauthorized use of your password or account or any other breach of security. You can contact the web administrator at webadministrator@myecanews.com

3.MEMBER CONDUCT

a. Use of this resource must comply with federal and state laws. Examples of applicable laws, rules and policies include the laws of libel, privacy, copyright, trademark, obscenity and child pornography; the Florida Computer Crimes Act, the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act, which prohibit “hacking,” “cracking” and similar activities. Violations of these laws may result in significant civil liability or criminal penalties.

b. The Association will not accept users attacking each other in any way. This means you shall not post any information, materials or content that threatens, makes fun of, or attacks others. Any such information, materials or content will be removed. Also, we expect all information, materials or content posted to the Association web site to be clean with no foul language or links to offensive sites.

c. Please do not post copyrighted materials on this site. If you copy and paste copyrighted material, it will be deleted. In addition, no material found on this site may be printed, published, or otherwise used without the written permission of the Eastwood Community Association, Inc., (“Association”) the owner of this site.

d. Any attempt by anyone entering this site to access e-mail and/or other information about our subscribers, affiliates or visitors is prohibited and will be dealt with to the fullest extent of the law.

e. Graphics, pictures, or banners are not allowed in any posts (Your entries for others to view and read) or signatures (Your personal information or closing) and will be deleted by our Administrators without notice. A small picture may be included in your Profile by entering the URL (Uniform Resource Locator) of the image in the box provided.

f. All information and materials contained in or on this web site must be used for personal, non-commercial purposes. Posting commercial advertising messages or solicitations in message boards or during live chats is prohibited. Any URL containing a referral code or referral address will be edited or deleted at the discretion of the Administrator. These are considered advertising. Listing of any URL in a signature is limited to only 'home pages' that include no advertising or referral. Links to businesses or pages with advertising are prohibited in signatures. No 'blind or hidden' referral links are allowed.

g. The residents of the Eastwood Community, by and through their contract authority, and pursuant to Florida and Federal law, as amended from time to time, hereby place the reader and user of this web site on legal notice that the resident information contained herein may not be disclosed, disseminated, reproduced, published, modified, or used in any manner whatsoever, including, but not limited to purposes of solicitation of products or services by mail, telephone, or otherwise, without the express, advance written permission of the individual resident and the Association. In addition, any other information and materials obtained from this web site may not be disclosed, disseminated, reproduced, published or modified unless you have obtained the advance, written permission of the Association.

h. Any conduct by you that in the sole discretion of the Association restricts or inhibits the use of this site by any other subscriber or visitor is strictly prohibited. The Association reserves the right to pursue any and all legal and equitable remedies against you, including the posting and the reporting of your activity to your Internet Service Provider (“ISP”) and any applicable government agencies.

i. Any material or information posted on the web site that the Association, in its sole discretion, determine to be disruptive, argumentative, or not suitable for the forum may be edited or deleted by the Association’s Web Administrator. An email will be sent to any user who has any information or materials deleted for any reason. The notice will be sent to the address displayed in the member's Resident Profile. The Resident Profile email address is a member's responsibility. If an entire thread is deleted only the member who posted the original message will be notified.

If the Association should fail to enforce any right or provision in this TOS, you agree that this failure does not constitute a waiver of such right or provision.

j. With respect to all information that you elect to post to publicly accessible areas of the web site, you agree that the Association has the right to use, reproduce, publish, perform and display such information (in whole or in part). Further, you acknowledge and agree that the Association may preserve information and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) Comply with legal process; (b) enforce the terms of this TOS; (c) respond to claims that any information violates the rights of third parties; (d) protect the rights, property or personal safety of the Association, its directors, officers, agents, management company, employees or Members.

k. You agree not to use any device or software to interfere or attempt to interfere with the proper working of this web site or any activity being conducted on this web site.

If you are aware of any violations of these terms and conditions please report them to: management@myecanews.com

4.MEMBER RESPONSIBILITIES

You agree to not use the web site to:

a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. Harm minors in any way;

c. Transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

d. Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ('Rights') of any party;

e. Transmit any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation;

f. Intentionally or unintentionally violate any applicable local, state, or federal law;

h. 'Stalk' or otherwise harass another; or

i. Collect, store or use personal data about other users or neighbors.

5.INDEMNITY

You agree to indemnify, defend, and hold the Association, and its directors, officers, agents, management company and employees, harmless from any and all loss, costs, expenses, liabilities, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the www.myecanews.com web site, your use of the web site, your violation of the TOS, or your violation of any rights of another. The Association reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such actions or claim.

6.TERMINATION

You agree that the Association at its sole discretion, may terminate your password, account (or any part thereof) or use of the web site, and remove and discard any Content within the web site, for any reason. The Association may at its sole discretion and at any time discontinue providing the www.myecanews.com web site, or any part thereof, with or without notice. You agree that any termination of your access to the web site under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the web administrator may immediately deactivate or delete your account and all related information and files in your account. Further, you agree that the Association or its directors, officers, agents, management company and employees shall not be liable to you or any third party for any termination of your access to the web site.

7.INFORMATION AND DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Association web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Association or its directors, officers, agents, management company and employees shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the web site.

Information or materials on the Association web site may have been supplied by third parties. Any opinions, advice, statements, services, offers, other information or content expressed or made available by third parties, including information providers, material providers, distributors, users or others, are those of the respective authors(s), contributor(s) or distributor(s) and do not necessarily state or reflect those of the Association, its directors, officers, agents, management company, or employees. Reference to any specific commercial products, offers, merchandise, company, supplier, retailer, distributor, business, process, or service by trade name, trademark, manufacturer, distributor, retailer, or otherwise, is provided “as is” and does not constitute or imply its endorsement, sponsorship, recommendation or favoring by the Association, its directors, officers, agents, management company, or employees. All warranties of merchantability and fitness for a particular purpose, in regard to any commercial product, offer, merchandise, company, supplier, retailer, distributor, business, process or service are expressly disclaimed.

8.LINKS

The www.myecanews.com web site may provide links to other World Wide Web sites or resources. Please note that other web sites may be governed by separate terms and conditions. Because the Association has no control over such sites and resources, you acknowledge and agree the Association its directors, officers, agents, management company and employees are not responsible for the availability of such external sites or resources, and does not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Association and its directors, officers, agents, management company and employees 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

9.DISCLAIMER OF WARRANTIES

By logging on to the www.myecanews.com web site you expressly understand and agree that:

a. Your use of the http://www.myecanews.com web site is at your sole risk. The service is provided on an 'as is' and 'as available' basis. The Association expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b. Although the information and material in or on this web site have been collected, produced and processed from sources believed to be reliable, no guarantee or warranty, express or implied, is made regarding the accuracy, truthfulness, timeliness, adequacy, completeness, legality, reliability, safety or usefulness of this web site, any information or any material. The terms and conditions in this TOS apply to both isolated and aggregate uses of this web site, any information, or any material. Further, the Association, its directors, officers, agents, management company and employees do not warrant that the information and material included in or on this web site or on the internet will be uninterruptible or error free, or that any information, software or any other material accessible from or on this web site is free from viruses or other harmful components.

10.HEADINGS

All headings and subheading employed within this TOS are inserted only for convenience and reference only. Headings are not to be considered in the interpretation of any provision of this TOS.

11.LIMITATIONS OF LIABILITY

The Association, its directors, officers, agents, management company and employees shall not be held liable for any improper or incorrect use of this web site or any information or material described and/or contained in or on this web site and assume no responsibility for anyone’s reliance on or use of the web site or any information, material, products, merchandise or services. In no event shall the Association, its directors, officers, agents, management company and employees be liable for any direct or indirect compensatory, incidental, special, exemplary, or consequential damages, or any other damages whatsoever (including, but not limited to, procurement or substitute goods or services; loss of use; loss of data; loss of profits; business interruption; personal injury; property damage; bodily harm; or death) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the reliance on or use of this web site, inability to use this web site, any information, any material, any product, any business, any merchandise or any service, regardless of whether the Association knew or should have known of the possibility of such damages. You acknowledge and agree that the Association is not liable or responsible for any defamatory, offensive or illegal conduct of other users or third parties. The limitations specified in this Section will survive the term of this TOS.

12.ATTORNEYS’ FEES AND COSTS

The prevailing party in any dispute relating to this TOS, including, but not limited to the breach, enforcement or interpretation hereof, shall be entitled to recover its reasonable attorney’s fees and costs from the other party for all matters, including, but not limited to, all appeals.

13.JURISDICTION AND VENUE

This TOS shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, as such laws would apply to a contract fully negotiated, entered into, and performed in that state. You agree that the state or federal courts located in or serving Orange County, Florida, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to this TOS or your use of this web site. You waive any claim that a court located in or serving Orange County, Florida, lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.

14.ENTIRE AGREEMENT

The terms and conditions of this TOS constitute the entire and only agreement between you and the Association regarding your use of this web site. No modifications or attempted modification of this TOS by you shall be binding on the Association unless made in writing and physically signed by an authorized representative of the Association. The Association, however, reserves the right to revise, alter or otherwise update the terms and conditions of this TOS at any time without notice to you. Such revisions, alterations and updates shall be effectively immediately upon posting on the web site.

15.UNENFORCEABILITY OR INVALDITY

In the event any provision hereof shall be finally determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this TOS which shall remain in full force and effect.