Term of Services
General Limitations on Use
You agree that you will not impersonate, or misrepresent your affiliation with, any person or entity and that you will promptly provide true, accurate and complete user information to Komshi if requested. You agree that you will not access or attempt to access password protected, secure or non-public areas of any of the Portal, except for those areas for which you are authorized access by issuance of a password by Komshi or its authorized designee. You are responsible for use of the Portal by persons to whom you have intentionally or negligently allowed to access your password. If you attempt to access prohibited areas of the Portals, you may be subject to prosecution. You agree not to create links from any Portal or web page to any page within the Portal without the prior express written permission of Komshi, which permission may be granted or denied in Komshi’s sole discretion and, if granted, may be subject to certain additional terms and conditions. Please contact Komshi to request permission to link to the Portal.
Komshi may terminate your access to and use of the Portal, or any part thereof, with or without notice in its sole discretion and at any time. If Komshi determines or suspects that you are using or attempting to use the Portal for any inappropriate, illegal, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Komshi may initiate appropriate legal actions without prior notice to you, including but not limited to actions seeking lost revenue, repairs, legal fees, costs and expenses, injunctions or other equitable remedies.
Content Provided to You
The Portal may contain information and materials originated by Komshi (the “Komshi Content”). Komshi presents and makes the Komshi Content available as a public service. Komshi does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of the Komshi Content. You are responsible for confirming the sufficiency and reliability of any Komshi Content you may use or rely upon.
For your convenience, the Portal may contain information and materials from third parties and links to third party Portals ("Third Party Content"). Third Party Content is not under the control of Komshi and Komshi is not responsible for Third Party Content or any changes or updates to Third Party Content. Komshi provides Third Party Content to you only as a convenience and the inclusion of Third Party Content does not imply endorsement by Komshi of the Third Party Content or of the third party. You may be subject to additional or different terms, conditions, and privacy policies when you use Third Party Content.
The Portal may include listings of goods and services available from your neighbors or from other third parties. Komshi does not review or verify the information or representations in those listings. Komshi makes no guarantees or representations regarding the accuracy of those listings and Komshi does not endorse or recommend the goods or services of any third party. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a listing third party, and Komshi does not guarantee or warrant the performance of any such listing third party. YOU HEREBY AGREE TO RELEASE Komshi AND ITS LICENSORS AND SUPPLIERS FROM ANY DAMAGES OR CLAIMS (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED OR UNSUSPECTED, KNOWN OR UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH ANY LISTING THIRD PARTY.
The Portal may include a service whereby you and third parties can post comments or otherwise communicate with your community association representatives, your neighbors or other third parties. You acknowledge that Komshi is acting as a passive conduit for the transmission of such posts and communications and you hereby grant Komshi permission to disclose any or all of the information that you provide to Komshi when using this Portal. Komshi is under no obligation to monitor, pre-screen, or otherwise censor posts or other communications. Komshi does not guarantee the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of posts or other communications. You are responsible for confirming the sufficiency and reliability of any posts or other communications you may use or rely upon. If you suspect that any of posts or communications infringes the copyright of any person or entity or contains objectionable content, please notify Komshi by contacting Komshi.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, MATERIALS AND SERVICES ON THE PORTAL (INCLUDING WITHOUT LIMITATION CONTENT ADDED BY Komshi, THIRD PARTY CONTENT, POSTS AND OTHER COMMUNICATIONS) IS AT YOUR SOLE RISK. SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Komshi MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION, MATERIALS OR SERVICES. Komshi 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. Without limiting foregoing, Komshi specifically disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, materials or services on the Portal; (b) any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any posts or other communications, information or materials; and (c) any responsibility for any harm resulting from downloading or accessing any communication, information or materials on the Portal or on the Internet through the Portal.
Limitation of Liability
Content Provided By You
The Portal may include a service whereby you can list offers of goods or services being made available by you, post comments or otherwise communicate with your community association representatives, your neighbors or other third parties (“Your Communications”). Komshi is under no obligation to monitor, pre-screen, or otherwise censor Your Communications. Komshi is not responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of Your Communications. Always use caution when posting any personally identifying information about yourself or your children on the Portal. If you list goods or services available from you, it is entirely up to you to enter into a direct contract or otherwise reach agreement with any interested third party, and Komshi does not guarantee or warrant the performance of any such third party. YOU HEREBY AGREE TO RELEASE Komshi AND LICENSEES AND ITS LICENSORS AND SUPPLIERS FROM ANY DAMAGES OR CLAIMS (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED OR UNSUSPECTED, KNOWN OR UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH ANY INTERESTED THIRD PARTY.
You agree that you will not use the Portal to: (a) post or transmit any content not related to appropriate subject matters; (b) post or transmit any content which is misleading to others; (c) post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (d) post or transmit any content that you do not have a right to post and transmit under any law or under contractual relationships; (e) post or transmit any content if doing so infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) post or transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) intentionally or unintentionally violate any applicable local, provincial, national or international law, or any regulations having the force of law.
By posting or transmitting Your Communication to the Portal, you grant Komshi a non-exclusive license to host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display Your Communication on and through the Portal and in Komshi’s advertising and promotional materials.
You acknowledge that, while Komshi does not pre-screen Your Communication, Komshi and its designees shall have the right (but not the obligation) in their sole discretion to refuse or to remove any content that is posted by you or any other party to the Portal. Komshi reserves the right to disclose any information about you or Your Communication to satisfy any applicable law, regulation, legal process or governmental request.
By posting or transmitting content to the Portal, you warrant and represent that you own or otherwise control all of the rights to such content including without limitation all the rights necessary for you to post or transmit such content.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Komshi AND ITS LICENSORS AND LICENSEES AND
All information, materials and services provided on the Portal and the organization and layout of the Portal are owned and copyrighted or licensed by Komshi or its licensors or suppliers. No reproduction, distribution, or transmission of copyrighted materials on the Portal is permitted without the express written permission of Komshi in each instance. Any rights not expressly granted herein are reserved.
Infringement should be sent to firstname.lastname@example.org