Terms of Service
These Terms of Use set forth a binding agreement between us and you, which binding agreement at all times governs and will govern your accessing and/or making use of all or any portion of the MyCommunitySite software, systems, methodology, data, and/or outputs. By your accessing and/or using MyCommunitySite or any portion thereof, you automatically agree to these Terms of Use in their entirety. If you do not agree to these Terms of Use in their entirety, then you are expressly prohibited from accessing and/or using MyCommunitySite or any portion thereof.
These Terms of Use are subject to change without notice. Each such change shall be immediately and automatically effective as to the next usage made by you of the MyCommunitySite website. Thus, you should plan on periodically checking the MyCommunitySite website to make sure that you are aware of all terms that may be applicable at any given point in time.
As used in these Terms of Use, "us," "we," "our," or the like means the SHYFT Marketing, a New Jersey LLC (referred to as "Company").
As used in these Terms of Use, "you," "your," or the like means the entity accessing and/or using all or any portion of MyCommunitySite. You represent and warrant to us that 1) you are of lawful age to enter and be bound by these Terms of Use, and that 2) all identifying information which you provide to us will be truthful and complete (and will be promptly updated to remain at all times truthful and complete throughout the duration of these Terms of Use).
1. Purpose. MyCommunitySite is provided as a restricted-access online service accessible only through the Internet website www.MyCommunitySite.com. In order to access or make use of MyCommunitySite, you must be either 1) a person or entity who has set up an account with us to have access for purposes of creating and maintaining a community association website, or 2) an individual person who accessing information posted to a community association website by their community management.
2. Property. MyCommunitySite, the underlying software that operates it, the Internet website through which it is accessed, the screen displays used or generated in conjunction with it, the HTML used to generate any such displays, and all text, graphics, audio, and other content that make up all or any portion of the foregoing ("Content"), are the sole and exclusive property of the Company . You may not access, view, download, copy, post, publish, reverse engineer, decompile, disassemble, alter, modify, add to, delete from, or prepare derivative works from, any code that is part of the said underlying software. Similarly, you may not reproduce, post, publish, or prepare derivative works from any Content, other than your doing such downloading as is a necessary incident of accessing and making use of MyCommunitySite. Notwithstanding any of the foregoing, you retain ownership of all data which you upload or enter as part of your accessing of MyCommunitySite, and retain as well a royalty-free license in perpetuity as to all outputs generated by MyCommunitySite displaying any compilation or other presentation as to your data.
3. Your Account. Access to and use of MyCommunitySite requires that you first set up an account with us, as part of which account you will need to select a user name and password. In setting up such account, you must provide correct and complete identifying information and must keep all such information current throughout the duration of your account. Unless we so authorize in advance in writing, you may not sell or transfer your account to any third party, nor may you allow a third party to access your account. Notwithstanding the foregoing, you may allow third parties to access your account if each such third party is an individual person who you have authorized to manage content on your site.
4. Your Rights. Upon your registration and payment of the prescribed fee for having access to MyCommunitySite and being granted a user name and password, and for so long thereafter as you abide by the various provisions set forth in these Terms of Use, we grant you a non-exclusive, non-transferable, revocable right to access and use MyCommunitySite, provided that such access and use is only and solely for purposes of your creation of a community association website, except as may be otherwise expressly agreed to in advance in writing by us.
5. Prohibitions. You may not do or attempt any of the following: 1) access MyCommunitySite other than through the interfaces and instructions that we provide; 2) breach, circumvent, or disable the security protections or authentication measures of our MyCommunitySite website or of any computer system or network related thereto; 3) probe, scan, or test the vulnerabilities of the MyCommunitySite website or any computer system or network related thereto; 4) interfere with the normal functioning of the MyCommunitySite website or any computer system or network related thereto; 5) make excessive usage of MyCommunitySite that adversely affects the speed, responsiveness, and functionality of MyCommunitySite for other users; 6) interfere with others’ use of MyCommunitySite; 7) upload to MyCommunitySite, or post, link to, transmit, or otherwise cause to be displayed or associated with MyCommunitySite, any content which is unlawful, harassing, threatening, false, misleading, obscene, vulgar, profane, defamatory, or in violation of the rights of any third party (including but not limited to copyright rights, trade secret rights, and any right of publicity or privacy), nor any material that would encourage or incite third parties to do any of the foregoing; 8) upload any files to MyCommunitySite for the purpose of having such files hosted by us and for use in transactions that are not part of the community website for which we are granting you access to MyCommunitySite; 9) upload any files to MyCommunitySite that would use a substantially larger-than-normal amount of computer memory, unless with our prior written consent; 10) access the data of any other person or entity who has an account on MyCommunitySite; 11) deploy to the MyCommunitySite website or any computer system or network related thereto any robot, spider, site search/retrieval application, or any other code designed to surreptitiously retrieve, index, or data-mine any information originating with a third party; 12) introduce into the MyCommunitySite website or into any computer system or network related thereto any virus, malware, worm, Trojan Horse, trap door, time bomb, or other code that is capable of corrupting our own or any third party’s website, system, or network or of destroying any data in same; 13) engage the MyCommunitySite website or any computer system or network related thereto in the generating of chain letters, spam, junk mail, or mass-mailings to persons with whom you have no pre-existing lawful business or associational interest; 14) falsify or obscure your identity when sending any communication through MyCommunitySite; 15) forge any MyCommunitySite TCP/IP packet header or any part of such header- information in any e-mail or newsgroup posting; 16) use MyCommunitySite to collect Social Security numbers or any other form of governmentally-issued personal-identifying number; credit, debit, or other payment card numbers; bank account or other financial account numbers; medical information; or passwords or other security codes meant for restricting access in any setting whether or not related to MyCommunitySite; 17) use MyCommunitySite to collect personally identifiable information on minors except in compliance with the Children’s Online Privacy Protection Act of 1998; 18) use MyCommunitySite to transmit any information or data in violation of any export-control law or regulation; 19) use MyCommunitySite in any way that would subject us to any industry-specific laws or regulations without first fully informing us of same and getting our prior written consent; 20) resell, sublicense, lease, time-share, or otherwise commercialize your access to MyCommunitySite; or 21) use MyCommunitySite for any illegal activity or as part of any cooperative scheme the totality of which would be reasonably anticipated to result in illegal activity.
6. Penalties. Known or suspected violation of any of the foregoing Prohibitions shall be grounds for immediate suspension or termination of your access to MyCommunitySite; shall be grounds for the holding of all files, data, and other evidence relating to the violation in issue; and shall be grounds for seeking and obtaining immediate legal remedies, including but not limited to seeking preliminary and permanent injunctive relief without the necessity of having to plead or prove any actual damage.
7. DMCA Policy. In accordance with the U.S. Digital Millennium Copyright Act, third parties who believe that any content uploaded to MyCommunitySite may be in violation of their rights may direct notice of same to "DMCA Designated Agent, SHYFT Marketing by phone (in the U.S.) to 833-223-2537. We reserve the right to promptly remove any materials which you upload to, post on, or otherwise display on the MyCommunitySite website which a third party alleges to be in violation of their copyright rights and/or which MyCommunitySite finds to be inappropriate or otherwise unsuitable for display. It is our policy to promptly give you notice of any such removing of materials so that you have the opportunity to send us notice contesting what the third party alleges. In appropriate circumstances, we will terminate the accounts of subscribers to MyCommunitySite who are repeat copyright infringers.
8. Indemnification. You agree to defend us, indemnify us, and hold us harmless from any claim or demand by any third party due to or arising out of your use of MyCommunitySite, your involvement with MyCommunitySite, or your violation of these Terms of Use. Such duty to defend, indemnify, and hold harmless extends as well to all individual persons and impersonal business entities associated with us, and includes defending, indemnifying, and holding harmless as to attorney’s fees and costs.
9. Privacy. In conjunction with making theMyCommunitySite website available, we necessarily collect personally identifiable information from users: name, address, telephone number, e-mail, and credit card or other payment account information. We use your personally identifiable information to create your account, to communicate with you about our products and services, and to bill you. We also use that information to the extent necessary to enforce these Terms of Use and to prevent violation of these Terms of Use. While we take reasonable measures to protect your personally identifiable information, the complexity and constant development of computer technology makes it very difficult to offer any guarantees as to being able to avoid all data breaches and other such security compromises. By using MyCommunitySite, you acknowledge that you understand and accept all risk relating to your providing us with your personally identifiable information as well as the personally identifiable information of those persons participating in use of a website presented by you using MyCommunitySite.
10. Exceptions to Privacy. Notwithstanding the foregoing, we have the right to, in good faith, disclose your personally identifiable information (as well as that of persons participating in the use of a website presented by you using MyCommunitySite ) to the extent reasonably necessary in the following situations: to comply with any governmental laws or regulations requiring that we do so (after first promptly notifying you of same), to comply with any court order or other legal process requiring that we do so (after first promptly notifying you of same), to respond to claims that any activity by you violates the rights of third parties (after first promptly notifying you of same), to enforce these Terms of Use, or to work in conjunction with a third party to resolve any technical difficult with the operation of MyCommunitySite. Also, you agree that we my use and display your name and trademark for promotional purposes in any website, publicity release, or other materials or display of ours.
11. Legal Disclaimers. In no event shall any access to MyCommunitySite, any material displayed in conjunction with MyCommunitySite, or any output generated by MyCommunitySite, be understood or construed as being legal advice; as bringing into being any attorney-client relationship or any fiduciary relationship; or as approving or verifying any particular election, poll, survey, or other tally, or the methodology or results of same.
12. Warranty Disclaimers. MyCommunitySite is provided to you "as is" and on an "as available" basis. As to theMyCommunitySite website, functionality, and content, and to the fullest extent permitted by law, we make no warranties, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose, other than the purpose of presenting a community association website.
13. Limitation of Liability. To the fullest extent permitted by law, in no event shall we be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages, whether any such damages may be argued to be reasonably anticipated or not. In no event shall our liability to you as to any particular period of time exceed the total amount of fees paid by you to us for your having access to MyCommunitySite for that particular period of time.
14. General Terms. These Terms of Use constitute the entire agreement between us and you concerning MyCommunitySite. These Terms of Use shall be governed exclusively by the laws of the State of New Jersey (without reference to any New Jersey "conflicts of law" principles), unless the question in issue concern a specific U.S. federal statutory provision, in which case that statutory provision shall govern. To the fullest extent permitted by law, we disclaim the applicability of any provision of law outside of the U.S. unless you first give us written notice of any such provision in sufficient time for us to avoid being in violation of it. All resolution of disputes relating in any way to these Terms of Use shall take place before an arbitrating body or court located in or near Essex, Somerset or Hunterdon Counties, New Jersey, U.S.A., or in any other place as may be mutually agreed between you and us at the time in question, with any such claim being brought against us no later than one year from the occurrence of the particular act or omission in issue. You agree to submit to the personal jurisdiction and venue of any such New Jersey forum. Any failure by us to exercise any right given by these Terms of Use shall in no event be deemed to be a waiver of such right. If any provision of these Terms of Use be ruled by any court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be deemed stricken herefrom, with the remaining provisions of these Terms of Use continuing in full force and effect.