The information provided on the Site is for informational and discussion purposes only. With the exception of the EC Bar Ranch Estates subdivision, the Site does not necessarily endorse or subscribe to the opinions or products published on the Site. If you decide to purchase products or services listed on the Site, you may be taken to a third party vendor. The Site is not responsible for the contents or policies of such third party vendors, nor is the Site responsible for the contents or policies of any external sites that may be linked in link pages, articles or comments. Advertisers and third party vendors whose products, links or services appear on the Site do not endorse any of the content provided on the Site.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. The Site or Site Owner MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Submissions.
Unless otherwise specifically noted, the entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are the Site and Site Owner, its affiliates or other third party licensors, including without limitation, any authors, vendors and site owners who have submitted articles, product reviews or coupons. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE except you may use the RSS feeds that are provided on this Site. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to the Site and the Site Owner a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to siteadministrator @ ecbarranchestates.net by all means and in any media now known or hereafter developed. You also grant to Site and the Site Owner the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the Site and the Site Owner for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Site and the Site Owner. TRADEMARKS. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of the Site. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
You are permitted to use any RSS feeds offered on this Site on your web sites for personal or commercial use, provided that you use the feeds in the format provided.
You shall be solely responsible for your own submissions, including comments, and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Site to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by the Site and this User Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by the Site and this User Agreement. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Site all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Site or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.
The Site reserves the right to remove or not publish submissions, including comments, without prior notice. If approved, submissions will remain on the site for perpetuity. In making a submission, which includes a comment, you grant the Site a perpetual license to reproduce your words and name/web site in attribution. Submissions are not compensated and in making a submission, you do not become an owner or partial owner of the Site.
Comments are welcome, but may be edited. The Site does not and cannot take responsibility for the opinions or information offered in comments; however, by submitting a comment on the Site, you grant the Site a perpetual license to reproduce your words and name/web site in attribution.
The Site does not censor comments based on political or ideological point of view. The Site deletes those comments that are abusive, off-topic, use excessive foul language, or include ad hominem attacks. We pre-moderate comments on our blog posts and post-moderate comments on blog stories.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by the Site and the Site Owner, the Site and the Site Owner do not operate, control or endorse any information, products or services on the Internet in any way. Except for the Site or Site Owner’s clearly identified information, products or services, all information, products and services offered through the Site or on the Internet are offered by third parties, that are not affiliated with the Site and the Site Owner. Product reviews and third party links are provided by the Site for purposes of affiliate commissions; however, the Site and the Site Owner make no representation or warranty as to the efficacy, merchantability or privacy practices of such products, services or their manufacturers and promoters.
YOU FURTHER UNDERSTAND AND AGREE that all articles, snippets and information provided on this Site is for your informational purposes only and that you will consult with your lawyer, doctor, specialist, physician, or other professional before embarking on any health or business practice discussed anywhere within the Site.
You also understand that the Site cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. THE SITE AND THE SITE OWNER PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND THE SITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. THE SITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THE SITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL THE SITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE SITE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The Site makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a third party or outside web site, please understand that it is independent from the Site, and that the Site has no control over the content on that web site. In addition, a link to the Site web site does not mean that the Site endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless the Site, the Site Owner, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site. You further agree to indemnify, defend and hold harmless all contractors and hosting services associated with the Site, the Site Owner, its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service, or by the Site or Site Owner. The Site and Site Owner take full responsibility for this Site and expressly holds harmless the website host provider and designer from any and all liability and claims associated with this Site.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of the Site, the Site Owner, and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between the Site and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Site’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Site may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
PERSONS OR PARTIES COVERED.
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED.
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE.
This website is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the age of 18 you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.
A NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003 –OPPA) .
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED.
This website routinely collects information about its visitors, subscribers, members, and customers. This information is obtained in various ways, such as:
VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM ‘REGISTRATION.’
Registration means that the Visitor, Subscriber, Member or Customer takes active, positive steps to communicate information to this website. This can include pages or ‘pop ups’ where you submit the contact form, register for a newsletter or subscribe to a mailing list; it can include your participation in visitor surveys; it can include requesting information from the website via email, mail, or courier; it may be from joining an affiliate program or other membership organization, paid or unpaid; it may be from ordering a product.
All newsletters or electronic magazines provided by the Site provide double opt-in subscription options. This means that a subscriber must confirm his or her subscription. A subscriber can “unsubscribe” from newsletters from the Site by clicking a link furnished within each newsletter.
COMMENTS AND SUBMISSIONS.
Any URLs or email addresses provided by a Visitor, Subscriber, Member or Customer in comments or submissions to the Site pursuant to Section1, Copyright, Licenses and Submissions, set forth in the Terms, Conditions and Policies above shall not be sold or given away to third parties by the Site; however, in providing such contact information, other Visitors, Subscribers, Members or Customers may make use of such information. The Site is not responsible or liable for the conduct or actions of such Visitors, Subscribers, Members or Customers.
NO ONLINE ORDERING IS PRESENTED ON THIS WEB SITE. Any orders for products or purchases appearing on this Site are conducted by third party websites under and affiliate or other arrangement and this Site takes no responsibility or liability for the payment practices of those web sites.
VISITOR EMAIL INQUIRIES.
CUSTOMER EMAIL OR TESTIMONIALS.
If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit. Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS.
Visitors clicking on banners or pop-ups or hyperlinked advertising, appearing on this website must assume that information is being collected about them. This site is not responsible for the use of information collected in such a fashion. Visitors must assume that (1) information will be collected, (2) that ‘cookies’ will usually be placed on their hard drive, (3) that website does not have any control over what happens with this information, (4) that website takes no responsibility over the accuracy or content of advertisers, (5) that website is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes their computer or software harm, and (6) that website assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS OR POLLS.
Unless otherwise specified in the survey or poll, you must assume that any information provided to the website as part of a survey or poll in which you participate may be used for general solicitation for commercial purposes and that such information will be shared with joint venture partners, affiliates, marketing organization or used by the site itself for product design or solicitation purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND ‘COOKIES.’
Many websites, including this one, collect information about your computer, your email address, your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.
“Cookies” refers to web jargon for bits of computer code placed on your hard drive. Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site. Cookies can also be used to obtain information about your computer configuration or your use of your computer. Cookies can be used to electronically gather information about you. Again, it may or may not be personal information, but it is information and by using this site you are expressly giving permission to use ‘cookies’ and to use the information gathered from their use to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site or joint venture partners, affiliates, and marketing organizations.
HOW INFORMATION MAY BE USED.
The use of information as described below may or may not be how information that is collected is customarily used by this site. While actual use of any information collected may be used quite conservatively, you must assume that it is not. You must assume that information collected is shared with other persons or entities for commercial purposes. While this is uncommon in practice, you must assume that it is as you make your decision whether or not to view or interact with this website. This type of shared information may include your name, address, phone number, email address and buying habits, as well as other information. This information may be used for general commercial solicitation by this website or other persons it is sold to, rented to, or shared with.
INFORMATION THAT IS NOT SHARED.
Credit card information or other financial information is not usually known to the website. However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies. However, the provider of such information gives express permission to use it in fraud investigation or for litigation.
Information including your name, city, telephone number and financing objectives submitted on the contact form will not be shared.
A NOTE ABOUT SPAM.
By providing to this website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us or other marketing organizations. However, all email communication with you shall contain an ‘unsubscribe’ link where you may notify the website that you no longer wish to receive solicitations or information from the website and your name will be removed from the general solicitation database.
This website takes measures to protect its data that contains information related to you. However, as a consideration for viewing this site or interacting with this site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS.
You may direct questions, comments or reports to:
EC Bar Ranch Estates Property Owners Association, Inc.
Post Office Box 44
Nutrioso, Arizona 85932
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