Terms of Use
1. BINDING EFFECT. The following is intended to create a legally-binding agreement between you and the Mountain House Community Services District (Mountain House).
By using the website located at www.mountainhouse.com (Site) or any services provided through or in connection with this Site (Service), you agree to abide by these Terms of Use, as they may be amended by the Mountain House Community Services District (Mountain House) from time to time in its sole discretion. Mountain House will post a notice upon this Site should these Terms of Use be changed or otherwise updated. It is your responsibility to review these Terms of Use periodically and, if at any time you find these Terms of Use unacceptable, you must immediately cease any and all use of the Site and its Services. YOU AGREE THAT BY CONTINUING TO USE THIS SITE OR CLICKING “I AGREE”, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ENTITLED TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Mountain House recognizes the importance of protecting your privacy and the privacy of any information you provide to Mountain House through this Site. A complete statement of the Mountain House current privacy policy can be found by clicking here (link to Privacy Policy) and is expressly incorporated made part of this Agreement and incorporated by reference herein. To use certain portions of the Site, you will be required to first open a user account by providing a user name and password. Should you be required to provide such information, you will be entirely responsible for maintaining the confidentiality of your password and may not, at any time, use the user name or password of any other person. You agree to notify Mountain House immediately upon any unauthorized use of your account, user name or password. Mountain House shall not be liable for any loss that you incur as a result of someone else using your password, regardless of whether such use were with or without your knowledge.
3. USER CONTENT. By entering into this Agreement, you hereby grant Mountain House a license to use the materials you post to this Site. By posting, downloading, displaying, performing, transmitting or otherwise distributing information or other content (User Content) to the Site or Service, you are granting Mountain House, its affiliates, officers, directors, employees, consultants, agents and representatives a license to use any such content in connection with the operation of this Site or the promoting of its Services. This right shall include, but not be limited to, a right to copy, distribute, transmit, publicly display or perform, reproduce, edit, translate and reformat any User Content so provided. You hereby acknowledge that such license is necessary to fulfill the intended purpose of this Site and that you will not be compensated for any User Content so provided. You agree that Mountain House may publish or otherwise disclose your name in conjunction with any User Content so provided. You hereby warrant and represent that you either own the rights to any such User Content or have otherwise been authorized to post, distribute, display, perform or transmit such User Content by its lawful owner.
4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing this Site or using its Services, you hereby agree to obey any and all applicable laws pertaining to the intellectual property rights of others. Your use of this Site shall at all times be governed by and subject to laws regarding copyright ownership and permissible use of intellectual property.
You hereby agree not to upload, download, display, perform, transmit or otherwise distribute any User Content whenever doing so would represent a violation of any third party’s copyrights, trademarks or other intellectual property rights. You hereby agree to abide by any laws pertaining to copyright ownership and the use of intellectual property and to be solely responsible for any violation of such laws or for any infringement of third party rights caused any upload, download, display, performance, transmission or distribution of User Content accomplished through the use of your user name or password.
5. INAPPROPRIATE CONTENT. You agree that you shall not upload, download, display, perform, transmit or distribute any User Content which is: a) libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct which would represent a criminal offense, give rise to civil liability or otherwise violate any applicable local, state or national law or regulation; or (c) of a sexual or prurient nature or would otherwise be considered by District residents to be obscene.
6. COPYRIGHT INFRINGEMENT. Mountain House currently has in place certain legally-mandated procedures regarding allegations of copyright infringement occurring at its Site. Mountain House has adopted a policy that provides for the immediate suspension or termination of the account of any user who is found to have infringed upon the rights of Mountain House or any third party or who has otherwise violated any applicable intellectual property laws or regulations. It is the policy of Mountain House to investigate any allegations of copyright infringement that are brought to its attention. To inform Mountain House of any such infringement, you must provide a written notification which includes: 1) a physical or electronic signature of the copyright owner or the copyright owner’s agent; 2) a description of the copyrighted work alleged to have been infringed; 3) a description of the infringing material that is sufficient to enable Mountain House to locate it; 4) your contact information, including address, telephone number and e-mail; 5) a statement that you believe in good faith that publication or distribution of the material has not been authorized by the copyright owner or is otherwise unlawful; and 5) a statement that the information contained in your notification is accurate and that, under penalty of perjury, you either are or are authorized to act on behalf of the lawful copyright owner.
In accordance with the Digital Millennium Copyright Act, Mountain House has designated an agent to receive notification of any such infringement. Should you wish to provide notification of any such infringement, please notify our designated agent below:
Name (e-mail link)
Title
Address
7. ALLEGED VIOLATIONS. Mountain House reserves the right to terminate your account as well as your use of the Site or any of its Services. To ensure that Mountain House provides users with a quality experience, you agree that Mountain House may, in its sole discretion, access your account and records to investigate any complaints or allegations of abuse, infringement upon the rights of third parties or any other unauthorized uses of the Site or its Services. Mountain House will not disclose the existence of any such occurrence or investigation unless required by law, but reserves the right to terminate your account or access to its Site either with or without notice.
8. NO WARRANTIES. MOUNTAIN HOUSE HEREBY DISCLAIMS ALL WARRANTIES. MOUNTAIN HOUSE IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. MOUNTAIN HOUSE DOES NOT REPRESENT THAT THE SITE OR ITS CONTENT WILL BE FREE OF TECHNICAL MALFUNCTION OR VIRUSES. BY USING THIS SITE, YOU AGREE TO ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS RESULTING FROM THE USE OF THE SITE OR ITS SERVICES. MOUNTAIN HOUSE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. AFFILIATED SITES. Mountain House may, in accordance with its internal policies, permit organizations within the District to post, along with other information, links to their websites.
Mountain House has no control over nor shall assume any liability for any such third party websites or materials contained therein. Because Mountain House has no control over the content of any such third party websites, Mountain House makes to guarantees regarding the accuracy or quality of any such information provided and assumes no responsibility for inaccurate, misleading or unlawful content.
10. INDEMNITY. You hereby agree to indemnify, defend and hold harmless Mountain House, as well as its affiliates, officers, directors, employees and agents from and against any and all third party claims, losses, liability and damages arising from your use of this Site or its Services in violation of these Terms of Use or the infringement by any user of your password of the rights of Mountain House or any third party.
11. GOVERNING LAW. These Terms of Use shall be construed in accordance with an governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. By using this Site, you hereby consent to the exclusive jurisdiction of the courts of the State of California, County of San Joaquin in any disputes arising out of or related to the use of this Site.
12. SEVERABILITY. Should any court of competent jurisdiction find any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
13. CALIFORNIA USE ONLY. This Site is controlled and operated by Mountain House from its office in the State of California and is intended to be utilized only by those residing within the Mountain House District, located within the State of California, County of San Joaquin. Any use of this Site by non-residents of California should not be interpreted to represent a purposeful availment by Mountain House of the privileges of conducting its affairs within any such resident’s jurisdiction.
14. ACKNOWLEDGEMENT. By using this Site or Clicking “I Agree”, you acknowledge that you have read these Terms of Use and agree to be bound to them.
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© Mountainhouse. Read our Privacy Policy. Use of myMountainHouse.com indicates your agreement to our Terms and Conditions. myMountainHouse.com is brought to you by The Mountain House Community Services District.
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