Last Updated: March 10, 2020
This Website has been established by Heritage Oaks for the sole purpose of conveying information about Heritage Oaks and to provide services to its members.
Use of Website
Restrictions on Use
This Website may only be used for lawful purposes consistent with all rights of other parties and may not be used to violate any state, federal, or local laws. Unlawful activities include but are not limited to storing, distributing or transmitting any threatening, libelous, defamatory, obscene, or pornographic or any other content (by email, uploading, posting, or otherwise) in violation of privacy rights or copyright or trademark rights, or attempting to compromise the security of this Website or any networked account. You are expressly prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing", or "crashing". Violations of system or network security may result in civil or criminal liability. Heritage Oaks may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
Further, except with Heritage Oaks’ express advance authorization or in a clearly designated area, you may not use the Website to: (a) upload, post, email or otherwise transmit any Communications that provide any telephone numbers, street addresses, last names, URLs or email address; (b) engage in commercial activities within Heritage Oaks (such as by advertising or selling products or services or inducing other users to enroll in a promotional or moneymaking enterprise); or (c) solicit donations for any purpose.
User Communications and Submissions
Any content, information or other communication you transmit or post on this Website in any form including, but not limited to text, data, photographs, video, music, sound, chat, messages or files, will be considered non-confidential and non-proprietary ("Communications"). The interactive nature of postings on this Website makes it impossible for Heritage Oaks to assume responsibility for the materials posted. Therefore the Communications are not endorsed by Heritage Oaks, and we make no guarantee regarding the reliability, accuracy or quality of any Communications posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Communications, including any reliance on the accuracy, completeness or usefulness of such Communication. All Communications posted to the Website are the sole responsibility of the person who originally posted the Communication, and your sole recourse for any damage you may suffer as a result of Communication shall be to such individual.
Heritage Oaks will have no obligations with respect to the Communications. Heritage Oaks and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications for any and all commercial or non-commercial purposes. Heritage Oaks will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Website ("Submissions") and if required, you agree to assign such Submissions to Heritage Oaks free of charge. Heritage Oaks or any of its affiliates or subcontractors may use such Submissions as it deems appropriate in its sole discretion.
If you choose to post Communications on Heritage Oaks webpages, we require that you adhere to generally accepted rules of etiquette and standards of behavior and that your use of Heritage Oaks reflects your respect for the legal rights of the other users and individuals connected with Heritage Oaks.
Heritage Oaks may, but is not obligated to, monitor or review any areas on the Website where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. We reserve the right to remove any Content that, in our sole judgment, may be considered to be illegal or may violate these Terms. Heritage Oaks will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Links to Other Websites
From time to time Heritage Oaks may place links to other websites on this page or on other pages of this Website. Heritage Oaks has no control over any other website and is not responsible for the content on any website other than this one. You assume all responsibility when you go to other sites via the links on the pages of this Website.
The trademarks, trade names, and service marks (the “Marks”) used on the Website belong to Heritage Oaks or to various other parties. No one is authorized to use any of the Marks in any manner without the prior express written permission of the owner of the Mark. The materials displayed on the Website are protected by U.S. and international copyright law and treaties, and shall not be transmitted, broadcast, copied, adapted, displayed, reproduced, republished, uploaded, downloaded, posted, distributed, performed, or otherwise used except as permitted by law. All Website design rights, databases and other intellectual property rights associated with the Website, whether registered or unregistered, and related goodwill, are proprietary rights of Heritage Oaks. Modification of any Marks or materials displayed on the Website or the use of any materials displayed for any other purpose is a violation of the copyrights and other proprietary rights of Heritage Oaks and is prohibited.
None of the information on the Website may be used, distributed, or reproduced for commercial purposes without Heritage Oak’s express written permission.
Modifications to the Website
Heritage Oaks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. Heritage Oaks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.
You assume total responsibility and risk for your use of the Website and the internet. Heritage Oaks makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Website or any content. Heritage Oaks does not represent or warrant that:
- the use or operation of the Website will be secure, timely, uninterrupted or errorfree,
- the Website will meet your requirements or expectations,
- any stored content will be accurate or reliable or its integrity maintained,
- the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your requirements or expectations,
- errors or defects will be corrected,
- the Website or the server(s) that make the site available are free of viruses or other harmful components.
The Website and all content is provided to you strictly on an "as is" basis. all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Heritage Oaks.
Limitation of Liability
Heritage Oaks is not responsible for any loss, damage, expense, or penalty (either in tort, contract, or otherwise), including direct, indirect, special, consequential, incidental, punitive, exemplary or treble damages, that result from the access of or use of this Website, even if Heritage Oaks has been advised of the possibility of any such damages. This limitation includes, but is not limited to the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if Heritage Oaks has been informed of the possibility of such loss or damage.
You agree to indemnify, defend and hold harmless Heritage Oaks, its officers, directors and employees and its suppliers from and against any liabilities, losses and reasonable costs and expenses (including reasonable attorney's fees) arising out of any claims or suits by any third party connected with or resulting from your use of this Website in any unlawful manner or in any manner inconsistent with these Terms.
By using this Website, you agree that you will not:
Violate or attempt to violate the security of the Website;
Send or otherwise transmit to or through this Website any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Website or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
Misrepresent your identity or affiliation in any way, or provide any untruthful information to us;
Restrict, discourage, or inhibit any person from using this Website, collect, harvest, or disclose personal information obtained from this Website, or collect information about users of this Website;
Reverse engineer, disassemble or decompile any section or technology on this Website, or attempt to do any of the foregoing;
Gain unauthorized access to this Website or computers or websites connected or linked to this Website;
Launch or use any automated system, including without limitation, "robots", "spiders", or "offline readers", that access this Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser (except that Heritage Oaks grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
Send or otherwise transmit to or through this Website chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
Assist or permit any persons in engaging in any of the activities described above.
This Agreement and the use of this Website are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions and without regard to your state of residence.