Halls Creek North Home Owner's Association

AGREEMENT BETWEEN USER AND Halls Creek North Homeowners Association, Section I and IIA

The Halls Creek North Homeowners Association (“HCNHOA”) website is comprised of various web pages operated by the

Halls Creek North Homeowners Association. The HCHHOA website is offered to you conditioned on your acceptance

without modification of the terms, conditions, and notices contained herein. Your use of the website constitutes your

agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

HCNHOA reserves the right to change the terms, conditions, and notices under which the website is offered, including but

not limited to any charges associated with the use of the HCNHOA website.

LINKS TO THIRD PARTY SITES

The HCNHOA website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of

the HCNHOA and the HCNHOA is not responsible for the contents of any Linked Site, including without limitation any link

contained in a Linked Site, or any changes or updates to a Linked Site. HCNHOA is not responsible for webcasting or any

other form of transmission received from any Linked Site. HCNHOA is providing these links to you only as a convenience,

and the inclusion of any link does not imply endorsement by the HCNHOA of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the HCNHOA website, you warrant to HCNHOA that you will not use the HCNHOA website

for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HCNHOA

website in any manner which could damage, disable, overburden, or impair the HCNHOA website or interfere with any

other party's use and enjoyment of the HCNHOA website. You may not obtain or attempt to obtain any materials or

information through any means not intentionally made available or provided for through the HCNHOA website.

USE OF COMMUNICATION SERVICES

The HCNHOA website may contain bulletin board services, chat areas, news groups, forums, communities, personal web

pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public

at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to

post, send and receive messages and material that are proper and related to the particular Communication Service. By way of

example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of

others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent

or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of

publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the

operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service

specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know,

cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the

origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

HCNHOA has no obligation to monitor the Communication Services. However, HCNHOA reserves the right to review

materials posted to a Communication Service and to remove any materials in its sole discretion. HCNHOA reserves the right

to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

HCNHOA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation,

legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in

part, in HCNHOA’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any

Communication Service. HCNHOA does not control or endorse the content, messages or information found in any

Communication Service and, therefore, HCNHOA specifically disclaims any liability with regard to the Communication

Services and any actions resulting from your participation in any Communication Service. Persons, other than active HCN

Board of Director members, are not authorized HCNHOA spokespersons, and their views do not necessarily reflect those of

HCNHOA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or

dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO HCNHOA OR POSTED AT ANY HCNHOA WEBSITE

HCNHOA does not claim ownership of the materials you provide to Halls Creek North Homeowners Association (including

feedback and suggestions) or post, upload, input or submit to any HCNHOA website or its associated services (collectively

"Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting

HCNHOA permission to use your Submission in connection with the operation of their website including, without

limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat

your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. HCNHOA is under no

obligation to post or use any Submission you may provide and may remove any Submission at any time in HCNHOA's sole

discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or

otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights

necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE

HCNHOA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE

PERIODICALLY ADDED TO THE INFORMATION HEREIN. HCNHOA MAY MAKE IMPROVEMENTS AND/OR

CHANGES IN THE HCNHOA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE HCNHOA WEBSITE

SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU

SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR

SITUATION.

HCNHOA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,

AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES

AND RELATED GRAPHICS CONTAINED ON THE HCNHOA WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES

AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

HCNHOA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD

TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL

IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HCNHOA AND/OR ITS

SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS

OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR

PERFORMANCE OF THE HCNHOA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE HCNHOA WEB

SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE

HCNHOA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HCNHOA WEB SITE, WHETHER

BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HCNHOA OR

ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME

STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU

ARE DISSATISFIED WITH ANY PORTION OF THE HCNHOA WEB SITE, OR WITH ANY OF THESE TERMS OF

USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HCNHOA WEB SITE.

TERMINATION/ACCESS RESTRICTION

HCNHOA reserves the right, in its sole discretion, to terminate your access to the HCNHOA Web Site and the related

services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S.A. and

you hereby consent to the exclusive jurisdiction and venue of courts in Onslow County, North Carolina, U.S.A. in all

disputes arising out of or relating to the use of the HCNHOA Web Site. Use of the HCNHOA Web Site is unauthorized in

any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this

paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and

HCNHOA as a result of this agreement or use of the HCNHOA Web Site. HCNHOA's performance of this agreement is

subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HCNHOA's right to

comply with governmental, court and law enforcement requests or requirements relating to your use of the HCNHOA Web

Site or information provided to or gathered by HCNHOA with respect to such use. If any part of this agreement is

determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers

and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid,

enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall

continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and

HCNHOA with respect to the HCNHOA Web Site and it supersedes all prior or contemporaneous communications and

proposals, whether electronic, oral or written, between the user and HCNHOA with respect to the HCNHOA Web Site. A

printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative

proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business

documents and records originally generated and maintained in printed form. It is the express wish to the parties that this

agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United

States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE

FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of