The Home
Owners Association Wireless Network
Terms
and Conditions of Use
Approved: June
2008
Access
Limitations
Use of
this wireless network is provided as a free service by the HOA (Home Owner Association). By using
this wireless network you are agreeing and acknowledging you have read and accepted these terms and
conditions of use. You are agreeing access to this wireless network is completely at the sole
discretion of the HOA and your access to this wireless network may be suspended or terminated at
any time for any reason, including, but not limited to, violation of these terms and conditions,
actions by you that may lead to liability for the HOA, disruption by you of another's access to
this wireless network, actions by you which violate any other third party, or actions by you which
violate any federal, state or local laws.
User's
Obligations
You
agree to provide virus and firewall protection for any device(s) which you will be using to access
this wireless network and agree to abide by the HOA Internet Policy.
User's
Assumption of All Risks of Use
You
agree to and hereby assume all risks (including, but not limited to, the risks of damage caused by
hackers, worms, Trojans or viruses) arising from, connected to or resulting from your use of this
wireless network. The HOA assumes no responsibility for the configurations, security or files on
any device connecting to this network. The HOA is not responsible for any changes you make to your
wireless device's settings.
User's
Acknowledgments
You
acknowledge:
The use
of this wireless network may not be uninterrupted or error-free;
Use of
this wireless network may expose you or your device(s) to risks such as hackers, worms,
Trojans or viruses;
Neither
the HOA or its ISP (Internet Service Provider) guarantees the security of this wireless
network.
Unauthorized third parties may access your device(s) or files or otherwise monitor your
use of this wireless
network;
The HOA’s
ability to provide this wireless network without charge is based on the disclaimers and
limitations of liability provided in the
Disclaimers and Limitation of Liability paragraphs (below);
Disclaimers
This wireless network and any products or services provided on or in connection
with this wireless network are provided on an as is and as available basis and without warranties
of any kind. All conditions, representations, indemnities, guarantees and warranties (whether
express, implied or arising by operation of law, custom or the prior statement(s) or any party),
including, but not limited to, any warranty of satisfactory quality, merchantability or fitness for
a particular purpose, are hereby excluded and disclaimed. The HOA is not able to provide technical
assistance to you, and there is no guarantee that you will be able to make a wireless
connection.
Limitation of Liability
Under no circumstances will Pulte Home Corporation, the HOA and their
respective directors, officers, employees and agents (including HOA volunteers) be liable for any
legal damages (whether based on tort, breach of contract or equitable theories) based on any claim
of the user, or any of the user's heirs, assignees, appointees or successors-in-interest, and
arising out of or as a result of the user's use of this wireless network.
Indemnification
You agree to indemnify and hold harmless the HOA, its ISP, suppliers,
licensors, officers, directors, employees, agents or affiliates from any claim, lawsuit, liability,
loss, damage, cost, expense or attorney's fees arising out of or relating to any actions initiated
or caused by you while using this wireless network.
Severability
If any provision of these terms and conditions is held to be unenforceable,
such holding will not affect the validity of any of the other provisions of these terms and
conditions.