Legal Notice |

Legal Notice, Disclaimer and Terms of Use

Website Terms and Conditions
The materials on the foxhillswest.org website (the “Website”), which may include text, images, audio clips, video clips, software and other materials, are provided by the Fox Hills West Citizens Association (“FHWCA”) for informational purposes only. By accessing the Website or downloading its content, you acknowledge having read the entirety of this Legal Notice, Disclaimer and Terms of Use, and agree to be bound, without limitation or qualification, by the terms and conditions set out in this Legal Notice, Disclaimer and Terms of Use. FHWCA may change he terms and conditions at any time by posting revisions to the Website, and your continued use of the Website indicates your agreement to the revised terms and conditions. If, upon review of this Legal Notice, Disclaimer and Terms of Use, you do not agree to the terms and conditions of this or any revisions thereto, please exit the website immediately.

Permitted Use
You agree that you are only authorized to visit, view and retain a single copy of pages of the Website for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal, private and non-commercial use, unless otherwise specifically authorized by FHWCA to do so.

Limited License
You are granted a limited, non-exclusive revocable and non-transferable license to utilize and access the Website pursuant to the requirements and restrictions of this Legal Notice, Disclaimer and Terms of Use. FHWCA may change, suspend or discontinue and aspect of the Website at any time.

Violation of the Legal Notice, Disclaimer and Terms of Use
You understand and agree that at FHWCA’s sole discretion, and without prior notice, FHWCA may without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Website, or exercise any other remedy available, if FHWCA believes that your use of the Website has violated or is inconsistent with this Legal Notice, Disclaimer and Terms of Use or violates the rights of FHWCA, or any third party, or violates any applicable law . You agree that monetary damages may not provide a sufficient remedy to FHWCA for violations of this Legal Notice, Disclaimer and Terms of Use and you consent to injunctive or other equitable relief for such violations. FHWCA may release user information about you if required by law or subpoena.

Intellectual Property
The Website is owned and operated by FHWCA . FHWCA retains all rights, title and interest on behalf of itself and (where applicable) its third party suppliers to the data, text, images and intellectual property used in this Website (the “Website Content”). You acknowledge and agree that ownership of the Website Content resides in FHWCA or its third party suppliers, and agree not to challenge, directly or indirectly, ownership in and to the Website Content, or the protection of such Website Content by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws.
Except as authorized herein, you acknowledge and agree that you may not, directly or indirectly, in any form, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from (collectively, “Republish”), any Website Content.
In addition, systematic retrieval of data or other information from the Website Content to create or compile, directly or indirectly, a collection, compilation, database or directory without FHWCA’s express written permission is prohibited.

Links to other Websites and Downloadable Software
The Website contains links to facilitate your access to third party websites. FHWCA does not control any third party website and is not responsible for the contents of any linked website or and link contained in a linked website. FHWCA is providing such links to you for your convenience only and the inclusion of any link does not imply any representation, endorsement, investigation or verification by FHWCA of the linked website or information contained therein. Links to downloadable software websites are also provided for your convenience only and FHWCA is not responsible or liable for any difficulties associated with downloading such software.

Information Accuracy
While FHWCA uses reasonable efforts to ensure that the information contained in this Website is accurate, such information is provided on an “as is” and “as available” basis and may contain inaccuracies. FHWCA does not in any way guarantee or warrant the currency, accuracy, completeness, non-infringement or authenticity of such information. FHWCA DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY, AS TO THE CONTENT OF, AND TO ANY MATTER RELATING TO, THE WEBSITE, INCLUDING IMPLIED WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All information contained on the Website is provided for informational purposes only. The information contained on the Website is not to be relied upon for any trading, business or financial purpose. UNDER NO CIRCUMSTANCES SHALL FHWCA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OUR LICENSORS, THIRD PARTY SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EXTRA CONTRACTUAL OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity
As userof the Website, you agree to defend indemnify and hold FHWCA harmless from any and all liabilities, costs and expenses, including attorneys’ fees, related to your violation of the terms and conditions of the Legal Notice, Disclaimer and Terms of Use.

No Lawful or Prohibited Use
As a condition of your use of the Website, you warrant to FHWCA that you will not use the Website for any purpose that is unlawful or prohibited by this Legal Notice, Disclaimer and Terms of Use. Although FHWCA may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Website, FHWCA is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or and material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. FHWCA will fully cooperate with any law enforcement authorities or court order requesting or directing FHWCA to disclose the identity of anyone posting any such information or materials.

Termination
Your license to access and use the Website shall automatically terminate if you are in breach of any of the terms of this Legal Notice, Disclaimer and Terms of Use. FHWCA reserves the right, in its sole discretion, to terminate your access to and/or use of the Website, or any portion thereof, at any time without notice.

Jurisdiction
The Website originates in the State of Maryland, USA. It shall be governed by and construed in accordance with the laws of the State of Maryland and the federal laws of the USA applicable herein, without regard to the principles of conflicts of law. All disputes, proceedings or claims arising out of or in accordance with the Website shall be submitted and be subject to the exclusive jurisdiction of the Courts of the State of Maryland.

Severability
If any provision of this Legal Notice, Disclaimer and Terms of Use is invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions shall remain in full force and effect.

Changes
The information contained on the Website is subject to change and update at any time without prior notice.

Miscellaneous
The terms and conditions of this Legal Notice and Disclaimer and Terms of Use constitute the entire agreement between FHWCA and the users of the Website with respect to their use of the Website. FHWCA’s failure to insist upon or enforce strict performance of any provision of that agreement shall not be construed as a waiver of any right on its part. If any part of this Legal Notice, Disclaimer and Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.