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Terms of Service

Last Updated: January 2025

Welcome to Shelton Springs ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Shelton Springs mobile application and related services (the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

2. User Accounts

2.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

2.2 Account Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age, you represent that you have your parent's or guardian's permission to use the Service.

2.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

3. User Content Responsibility

3.1 Content Ownership and Rights

You represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use all content you post
• Your content does not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights
• You have obtained all necessary permissions from any individuals depicted in images or content you post
• Your content does not contain any confidential or proprietary information belonging to third parties

3.2 Third-Party Links and External Content

You are solely responsible for any external links you post or share through the Service. This includes:

• You are responsible for ensuring that any links you post are appropriate, legal, and do not violate these Terms
• You are responsible for the content on any external websites you link to
• We are not responsible for, and do not endorse, any content on external websites accessed through links posted by users
• We are not liable for any damages, losses, or issues arising from your use of or reliance on external websites linked through the Service
• External websites have their own terms of service and privacy policies, which you are responsible for reviewing and complying with

3.3 Prohibited Content

You agree not to post, upload, or share any content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Violates any applicable local, state, national, or international law or regulation
• Infringes upon or violates any copyright, trademark, patent, trade secret, or other intellectual property rights of any party
• Contains viruses, malware, or other harmful code
• Is spam, unsolicited advertising, or promotional materials
• Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity
• Contains personal information of others without their consent
• Is designed to harm, exploit, or collect information from minors
• Links to websites containing illegal, harmful, or prohibited content
• Violates any HOA rules, regulations, or community guidelines

3.4 Content License

By posting content through the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purpose of operating and providing the Service.

4. Content Moderation

4.1 Our Rights

We reserve the right, but are not obligated, to:

• Review, monitor, edit, or remove any content posted through the Service
• Remove or disable access to content that we believe violates these Terms or is otherwise objectionable
• Take appropriate legal action against users who violate these Terms
• Cooperate with law enforcement authorities in investigating suspected violations

4.2 No Obligation to Monitor

We do not have an obligation to monitor or review all content posted through the Service. We are not responsible for the accuracy, completeness, or appropriateness of any content posted by users.

5. Intellectual Property

5.1 Service Ownership

The Service, including its original content, features, and functionality, is owned by Shelton Springs and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 User Content

You retain ownership of any content you post through the Service. However, by posting content, you grant us the license described in Section 3.4.

5.3 Copyright Infringement

If you believe that any content on the Service infringes your copyright, please contact us with the following information:

• A description of the copyrighted work you claim has been infringed
• The location of the allegedly infringing content
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information is accurate and that you are the copyright owner or authorized to act on their behalf

6. Indemnification

You agree to indemnify, defend, and hold harmless Shelton Springs, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you post, upload, or share through the Service
• Any links you post and the content on external websites you link to
• Your violation of any applicable law or regulation

7. Disclaimers and Limitations of Liability

7.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Third-Party Content Disclaimer

WE ARE NOT RESPONSIBLE FOR, AND DO NOT ENDORSE, ANY CONTENT POSTED BY USERS OR ANY CONTENT ON EXTERNAL WEBSITES ACCESSED THROUGH LINKS POSTED BY USERS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY USER-POSTED CONTENT OR EXTERNAL WEBSITE CONTENT.

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any content posted by you or other users
• Any links to external websites posted by you or other users
• Any unauthorized access to or use of our servers or data
• Any interruption or cessation of transmission to or from the Service

8. Payment Terms

8.1 Fees and Payments

If you make payments through the Service (such as HOA fees or fines), you agree to:

• Provide accurate payment information
• Authorize us to charge your payment method for the amounts specified
• Pay all fees and charges associated with your account

8.2 Payment Processors

Payments are processed by third-party payment processors (such as Venmo or PayPal). Your use of these services is subject to their respective terms of service and privacy policies.

8.3 Refunds

All payments are final unless otherwise required by law or as determined by the HOA board. Refund requests should be directed to the HOA board or management.

9. Prohibited Uses

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable law
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove any copyright, trademark, or other proprietary notices from the Service
• Use the Service to harass, abuse, or harm other users

10. Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

11. Termination

11.1 Termination by You

You may stop using the Service at any time by deleting your account or ceasing to use the Service.

11.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.

11.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your account and all associated content, subject to our data retention policies and legal obligations.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

• Posting the new Terms on this page
• Updating the "Last Updated" date at the top of these Terms
• Sending you a notification through the Service (for significant changes)

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the updated Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Shelton Springs HOA is located, without regard to its conflict of law provisions.

14. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiation. If a dispute cannot be resolved through negotiation, it shall be subject to the exclusive jurisdiction of the courts in the jurisdiction where Shelton Springs HOA is located.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Shelton Springs regarding your use of the Service and supersede all prior agreements and understandings.

17. Contact Information

These Terms of Service are effective as of the Last Updated date shown above. By using the Shelton Springs app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.