This Aviara Master Association (the “Association”) website (the “Site”) is operated by Keystone Pacific Property Management, LLC (“Keystone Pacific”).
These Terms and Conditions set forth certain rules and policies that govern the use of this Site, and therefore it is important that you read these Terms and Conditions carefully. By using this Site, you, agree to be bound by the Terms and Conditions below and you represent and warrant to Keystone Pacific that you are authorized to be bound by these Terms and Conditions, both personally, and on behalf of any legal entity of which you are a representative, agent or employee, when you are acting in such capacity as a representative, agent or employee. Please note that because these Terms and Conditions are subject to change, we advise you to read these Terms and Conditions regularly. If you continue to access and use this Site after changes to the Terms and Conditions are posted, your use shall be deemed to constitute acceptance of all revisions. It will be your responsibility to review this page for possible modifications. If you do not agree with these Terms and Conditions, please do not access, visit nor make any use of this Site or the information or content included in the Site. YOU MUST BE AT LEAST 18 YEARS OF AGE IN ORDER TO ACCEPT THIS AGREEMENT.
By using this Site, you agree, on behalf of yourself and all members and/or guests of your household, to abide by the following terms and conditions:
You should assume that any other communication or information you transmit through, to, or in connection with this Site will not be private. Additionally, even personally identifiable information collected through this Site may disclosed pursuant to the Association’s governing documents, if permitted or required thereunder. By accessing and using this Site, you expressly authorize Keystone Pacific to treat any communication or information you transmit through, to, or in connection with this Site as non-confidential and non-proprietary, and further hereby grant us a perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, publicly display, and delete all or any portion of such communication or, without further permission from you. If such communication or information is confidential or proprietary, you should not transmit it though this Site.
Keystone Pacific makes no guarantee that any complaints, maintenance requests, or other communications with Keystone Pacific or the Association or its board of directors transmitted through this Site will successfully reach their intended recipient or be acted upon, and Keystone Pacific is not responsible for any losses, damages or liabilities of any kind resulting there from.
This Site contains information, software, photographs, text, Association documents, audio, video, graphics, links and other material (collectively, “Content”) supplied by Keystone Pacific. The Site provides access to Content that is legally protected by us and others under patent, copyright, trademark and other intellectual property laws. You agree to comply with all copyright notices and other restrictions contained in any Content available on, or accessed through, the Site. YOU ALSO AGREE TO USE THE CONTENT ONLY FOR PERSONAL PURPOSES.
The Content may be used, downloaded, displayed, and printed by you solely for your personal, internal and non-commercial use. You may not use, alter or exploit the Content other than as specifically provided for in this Agreement. In addition, you may not reverse engineer or decompile any software that you download by using the Site unless you receive express permission from the software owner. Except as expressly provided above, all rights are reserved, and your unauthorized use of any intellectual property rights, Content or any other content on the Site is strictly prohibited. Keystone Pacific does not warrant or represent that your use of Content contained in or displayed on this Site will not infringe intellectual property or other rights of third parties.
The Association documents which may be accessed from this Site are made available as a convenience to Association members. Members are cautioned that neither Keystone Pacific nor the Association makes any warranty or guarantee as to the accuracy, completeness or currentness of the documents made available on this Site. Users are cautioned that the Association documents and amendments which have been officially published in paper format and provided to members by the Association (the “Official Documents”) are the Association documents which are in full force and effect, and in the event of any conflict between the Official Documents and the documents made available on this Site, the Official Documents shall prevail. It is not intended that the Association documents made available on this Site be utilized by homeowners Associations other than the Association.
We may provide links to other world wide websites or resources, which are owned and operated by other parties. We are not responsible for the availability of these sites or any of the Content contained on them. Your linking to or from any third party website pages or other websites is at your own risk.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Site, including are trademarks of Keystone Pacific and certain third parties. Nothing contained on this Site should be construed as granting to you or any other party, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of Keystone Pacific or such third party that may own the Trademarks displayed on this Site.
We have the right, in our sole discretion, to restrict, suspend, or terminate your access (and access by any member or guest of your household) to all or any part of the Site, at any time for any reason without prior notice or liability. We may also change, suspend or discontinue all or any aspect of the Site at any time without prior notice or liability.
Your use of and access to this Site is at your own risk. Your use of and access to this Site is without warranty of any kind, and the Site and all Content on this Site is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permissible by applicable law, Keystone Pacific hereby disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to the Site and the Content.
While Keystone Pacific uses reasonable efforts to include accurate and up to date information on this Site, Keystone makes no warranties or representations as to the accuracy, adequacy, completeness, currentness, timeliness or fitness for any specific purpose of the Content included or referred to in this Site or the reliability of its sources. There may or may not be technical inaccuracies or typographical errors contained in this Site, and Keystone Pacific will correct such items at its sole discretion as they are discovered. Keystone Pacific assumes no liability or responsibility for any errors or omissions in the content of this Site. There is no warranty that any particular results may be obtained by use of this Site. Keystone Pacific does not guarantee that this Site will be error free or that the Site or the server that operates it are free of viruses or other harmful components.
Neither Keystone Pacific nor any of its affiliates shall be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses whether based on breach of contract or warranty, tort (including negligence), product liability, contract or otherwise (even if Keystone Pacific has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use this Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on this Site; or (v) any other matter relating to this Site or your use of this Site. Keystone Pacific, and its affiliates’ maximum liability to you for any claims relating to use of the Site is limited to one hundred dollars ($100).
You agree to indemnify and hold Keystone Pacific, and its affiliates, harmless and to pay all liabilities, costs and expenses that Keystone Pacific incurs resulting from your use of the Site or Content, use of the Site or Content by any member or guest of your household, or your violation of any law or the rights of any third party.
This Agreement shall be governed by the laws of the State of California , without giving effect to its conflict of laws provisions. You agree that any legal claims relating to this Agreement must be brought in the courts located in Orange County , California . If any portion of these Terms and Conditions (or other terms and conditions applicable to a section of this Site) is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. Any unaffected provision of these Terms and Conditions shall remain in full force and effect.
Any rights not otherwise expressly granted by this Agreement are reserved by Keystone Pacific.