Terms of Use: The Easy-to-Read Version

You can use the Shadowood Condominium Association's unofficial website for free. But what you see is what you get. We poured months of time into making this site as accurate as possible. But we might have made a mistake. We aren't responsible if you follow our advice or your system crashes or you get yourself into hot water somehow; we will feel REALLY BAD, but our liability ends there. We respect your privacy (see our privacy statement), but we can't verify the privacy practices of other sites we link to. Speaking of linking, we aren't responsible for the contents of any site we link to either--or even for the accuracy of our own content. We've tried to offer the most helpful information available, but no website is the same as a real live researcher, property manager, or legal professional at your elbow. Enjoy our site, visit it often and make use of the many resources you will find here, and please notify us politely of any errors, omissions or other mistakes by sending an email to webmaster@shadowoodcondos.com

Terms of Use: Our Lawyers’ Version

1. Agreement to Terms

Brian Olivia (hereinafter "Site Owner") provides access and use of this site ("Site") subject to your agreement to the following "Terms of Use" (the "Terms"). Please read these Terms carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by these Terms at all times and for all intents and purposes.

The Terms, as well as the Site (and information contained within the Site) may be updated or revised from time to time without notice to you. You agree to periodically review these Terms, and your continued access to or use of the Site shall constitute your acceptance of the updated or revised Terms.

2. Contact Information

If asked to provide your e-mail address or other contact information during your use of the site, please provide accurate and complete address and information. Your IP address or other identifying information may be supplied by your internet access provider.

3. Use of Information and Services.

Third parties may provide certain information displayed on the Site. Although the Site Owner believes that such information comes from trustworthy sources, the third-party information is not necessarily sponsored, endorsed, recommended, or licensed by the Site Owner, the Shadowood Condominium Association or anyone else. You should directly contact the third parties and/or their references for the most accurate information.

4. Advice.

Neither the Site Owner, the Shadowood Condominium Association nor its information sources or users are engaged in giving legal, medical, accounting, counseling or other professional services or advice in this Site.

5. No Liability.

Under no circumstances will the Site Owner or the Shadowood Condominium Association be liable for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on the Site. While the Site Owner will attempt to keep its Site current, accurate, and complete, neither the Site Owner, the Shadowood Condominium Association and all of their suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the timeliness, accuracy, or completeness of the information, services, or other material on the Site.

6. Site Conduct.

When using the Site, you agree to abide by the following rules: (a) you may not post or transmit content (information, data, text, software, graphics, sound, photographs, video, messages, etc.) ("Content") that is unlawful, harassing, libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, discriminatory, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or are otherwise objectionable; (b) you may not interfere with other users' use of the Site; (c) you may not use the Site to conduct any activity that is illegal or that violates the rights of others; (d) you may not use the Site to advertise or sell products or services to others; (e) you may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (f) you may not post or transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information, etc.); (g) you may not post Content to the Site unless the Content is freely owned by you or used with the permission of all other persons with any rights in the Content; and (h) you may not use the Site to collect or store personal data about other users.

7. Removal of Content.

The Site Owner and the Shadowood Condominium Association do not conduct any prior reviews of any Content posted by any party other than the Site Owner or the Shadowood Condominium Association The Site OWner has no responsibility for Content posted by any party other than the Shadowood Condominium Association to the Site. However, the Site Owner reserves the right in his sole discretion to delete any Content submitted to or appearing on the Site. Message boards, "chat rooms" and/or other information sharing locations on the Site may contain the opinions and views of other users. Both the Site Owner and the Shadowood Condominium Association are not responsible for the accuracy of any messages or postings on the Site. If you believe that any Content posted on the Site is infringing, defamatory or otherwise violate the letter or spirit of these Terms, please contact the Site Owner immediately.

8. Submission of Content.

If you submit Content to the Site, you grant to the Site Owner, or warrant that the owner of such Content has expressly granted to the Site Owner, a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and/or to incorporate such Content in other works in any form, media, or technology now known or later developed.

9. Internet Links.

The Site may provide, or third parties may provide, links to other Internet sites. Neither the Shadowood Condominium Association or the Site Owner has any control over such sites; The Site owner and Shadowood Condominium Association do not endorse, and is not responsible for, any such sites or the information, material, products or services contained on or accessible through those sites. You acknowledge that both the Site Owner and the Shadowood Condominium Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such information, material, products, or services.

10. Third Parties.

Your correspondence or business transactions with, or participation in promotions of, third parties found on, or e-commerce through, the Site and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that both the Site Owner and the Shadowood Condominium Association shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such transactions or as the result of the presence of such third parties on the Site.

11. Indemnification.

You agree to indemnify, defend and hold harmless both the Site Owner and the Shadowood Condominium Association, its affiliates, governing board, officers, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including reasonable attorneys' fees) related to (a) your use of the Site; (b) your violation of these Terms; or (c) your posting of Content to the Site.

12. Modifications to Site.

The Site Owner reserves the right to, from time to time, discontinue, temporarily or permanently, the information, services, products, and/or other Content on the Site with or without notice.

13. Use and Storage of Content on the Site

The Site Owner may establish general practices and limits concerning the use of the Site, including without limitation, the maximum number of days that Content will be available on, or retained by, the Site. The Site Owner, in his sole discretion, reserves the right to change these general practices and limits at any time with or without any specific or general notice.

14. Ownership of Content.

All information on the Site, as well as the organization and layout of the site, other than Content posted by you, is owned and copyrighted by Brian Olivia, Shadowood Condominium Association or its suppliers or other Site users. Except as expressly authorized in writing by Brian Olivia or, in some cases, Shadowood Condominium Association, you may not copy, distribute, resell, display, sublicense or create derivative works based on any such information from the Site, in whole or in part.

15. Disclaimer of Warranty.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE, AND ALL INFORMATION AND CONTENT ON THE SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE OWNER, AND THE SHADOWOOD CONDOMINIUM ASSOCIATION, INCLUDING ALL OF THEIR INFORMATION SUPPLIERS, DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SITE AND ALL INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE SITE OWNER AND THE SHADOWOOD CONDOMINIUM ASSOCIATION MAKE NO WARRANTIES THAT: (a) THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SITE WILL BE SATISFACTORY; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (d) THE INFORMATION OBTAINED FROM AND CONTAINED HEREIN IS ACCURATE, CORRECT, CONSISTENT AND UPDATED WITH RELEVANT LEGAL OPINIONS, DOCTRINES, CASE AND OTHER LAW, AND OTHER GOVERNING INSTITUTIONS HAVING JURISDICTION AND; (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, THE SITE OWNER, THE SHADOWOOD CONDOMINIUM ASSOCIATION OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

16. Limitation of Liability.

IN NO EVENT SHALL THE SITE OWNER OR THE SHADOWOOD CONDOMINIUM ASSOCIATION, OR THEIR AFFILIATES, GOVERNING BOARD, OFFICERS, AGENTS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED DIRECTLY FROM THE SITE OWNER, THE SHADOWOOD CONDOMINIUM ASSOCIATION OR THROUGH THE SITE, THE SITE OWNER'S AND THE SHADOWOOD CONDOMINIUM ASSOCIATION'S LIABILITIES, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT THE SITE OWNER'S OR THE SHADOWOOD CONDOMINIUM ASSOCIATION'S ELECTION, TO THE REPAYMENT OR CREDITING TO YOU OF AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. If any jurisdictions do not allow the foregoing limitations of liability, the foregoing limitations may not apply to you.

17. Termination.

The Site Owner may, in his sole discretion, with or without notice, suspend or terminate your use of this Site, and remove and discard any Content on the Site, for any reason, including, without limitation if you violate these Terms. The Site Owner may also bar you from any future access to the Site with or without notice. Both The Site Owner and the Shadowood Condominium Association will not be liable to you for any such suspension, termination or prohibition on future access.

Should you object to any subsequent modifications of the terms and conditions of these Terms, your sole recourse will be to immediately notify the Site Owner of your termination of these Terms, which termination will be effective immediately, and your access to the Site shall immediately cease. To the extent permitted by applicable law, the terms and conditions of these Terms will survive any termination of these Terms.

20. Notices.

Any notices to you by the Site Owner or the Shadowood Condominium Association may be made by either e-mail or regular mail. If by regular mail, you must use the address listed on the “contact us” page of this Site. If by e-mail, send notice to webmaster@shadowoodcondos.com

21. General Provisions.

These Terms constitute the entire agreement between you and the Site Owner and govern your use of the Site, superseding any prior agreements between you and the Site Owner regarding the Site (including, but not limited to, any prior versions of these Terms).

These Terms and the resolution of any dispute related to these Terms or the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. The Site Owner's failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. The section headings in these Terms are for convenience only and have no legal or contractual effect.

Regardless of any statute or law to the contrary, you hereby waive your right to bring any claim against either the Site Owner or the Shadowood Condominium Association more than 1 year after such claim first arose.

22. Dispute Resolution.

Any dispute, controversy or claim arising out of or relating to these Terms will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. You consent to the arbitration being conducted in the county of Fairfax, Virginia. Judgment on the arbitration award may be entered in any court having competent jurisdiction thereof. Either you the Site Owner may seek any interim or preliminary equitable relief from a court of competent jurisdiction in the county of Fairfax, Virginia, necessary to protect the rights or property of you or the Site Owner pending the completion of arbitration.  

This entire website and all contents, photographs, images, logotypes, trade dress and the “look and feel” are Copyright © 2004-2008 Brian Olivia, Shadowood Condominium Association and others; all rights reserved; no reproductions allowed.

All trademarks used herein are the property of their respective owners.