1. Acceptance of Terms
Welcome to the website of the Waterside Community Association (the “Association”), located in Surf City, North Carolina. These Terms and Conditions (“Terms”) govern your access to and use of the Association’s website, including all information, documents, notices, resources, and services made available through the website (collectively, the “Website”).
By accessing or using the Website, you agree to comply with these Terms. If you do not agree with these Terms, you should discontinue use of the Website.
2. Purpose of the Website
The Website is intended to provide homeowners, residents, prospective property owners, and other interested individuals with information regarding the Association, the community, community events, announcements, governing documents, policies, and other matters relating to the community.
The Association may modify, update, suspend, or discontinue any portion of the Website at any time, with or without notice, subject to applicable law.
3. Association Governing Documents and Rules
The Association’s declaration, bylaws, articles of incorporation, duly adopted rules and regulations, architectural guidelines, and other applicable governing documents establish the rights and obligations of the Association and its members.
These Terms govern use of the Website only. They do not replace, amend, waive, or supersede the Association’s governing documents or applicable federal, state, or local law.
If any provision of these Terms conflicts with applicable law or the Association’s controlling governing documents, the applicable law or controlling governing documents shall govern to the extent of the conflict.
Website postings, summaries, FAQs, and general informational materials are not intended to amend the Association’s governing documents or create rights or obligations beyond those established by applicable law and the governing documents.
4. Accuracy and Availability of Information
The Association makes reasonable efforts to provide accurate and current information through the Website. However, information may occasionally be incomplete, outdated, inaccurate, or subject to change.
Unless expressly identified as an official notice or otherwise required by law, Website content is provided for general informational purposes only.
Users should consult the applicable governing documents or contact the Association or its authorized management representative to verify information concerning assessments, architectural approvals, community rules, meeting schedules, maintenance responsibilities, amenities, or other Association matters.
The Association does not guarantee uninterrupted Website access, error-free operation, or the continued availability of any particular document or feature.
5. Permitted Use
You may use the Website for lawful purposes related to obtaining information about the Association and its community.
You agree not to:
- Use the Website for any unlawful, fraudulent, misleading, or unauthorized purpose.
- Attempt to gain unauthorized access to the Website, its administrative functions, or any restricted information.
- Interfere with the Website’s operation, security, or availability.
- Upload or transmit malicious code, viruses, spam, or other harmful material.
- Impersonate another person or misrepresent your identity or affiliation with the Association.
- Use the Website to harass, threaten, defame, or unlawfully discriminate against another person.
- Collect or misuse personal information about homeowners, residents, board members, employees, vendors, or other individuals.
- Reproduce, distribute, or commercially exploit Website content except as permitted by law or with appropriate authorization.
The Association reserves the right to take reasonable measures to protect the Website and its users against misuse.
6. Homeowner and Member Information
Certain information or services may be made available exclusively to Association members, homeowners, residents, or other authorized users.
Where registration, authentication, or login credentials are required, users are responsible for maintaining the confidentiality of their credentials and for activities conducted through their accounts, subject to applicable law.
Users must provide accurate information when submitting forms or requesting access to restricted portions of the Website. Users should promptly notify the Association if they believe their account or credentials have been compromised.
The Association may restrict or revoke access to restricted Website features when reasonably necessary for security, administration, or enforcement of applicable rules, subject to governing documents and applicable law.
7. Electronic Communications and Submissions
The Website may permit users to submit inquiries, requests, comments, complaints, maintenance concerns, architectural requests, or other communications to the Association.
By submitting information through the Website, you represent that the information is accurate to the best of your knowledge and that you are authorized to provide any personal information included in your submission.
Submitting a message or request does not necessarily mean that the Association has received, reviewed, approved, or acted upon it. Unless expressly stated otherwise, Website submissions do not constitute formal notice, an official complaint, a valid vote, a proxy, an architectural application, or another legally effective submission where the governing documents or applicable law require a different procedure.
Users should follow the procedures and deadlines established by the Association’s governing documents and official communications.
Do not submit passwords, financial account credentials, Social Security numbers, or other highly sensitive information through general Website forms.
8. Assessments, Payments, and Financial Information
If the Website provides information about assessments, fees, payment procedures, or other financial obligations, that information is provided subject to the Association’s governing documents, applicable law, and official account records.
Unless expressly provided through an authorized payment system, the Website does not itself process payments.
Users should verify payment instructions and confirm that any payment portal is authorized by the Association before submitting financial information. The Association is not responsible for payments made to unauthorized third parties, subject to applicable law.
Nothing in these Terms changes an owner’s assessment obligations, payment deadlines, collection rights, or other financial responsibilities established by the governing documents and applicable law.
9. Intellectual Property
Unless otherwise indicated, the Website’s original content, design, graphics, logos, photographs, and other materials are owned by the Association or used with permission and are protected by applicable intellectual property laws.
You may view, download, and print Website materials for personal, noncommercial purposes related to the community, subject to any restrictions accompanying particular materials.
You may not reproduce, modify, distribute, publish, or commercially exploit protected Website content without the appropriate authorization, except as permitted by applicable law.
Official governing documents and other public records may be subject to separate legal rights and requirements.
10. Third-Party Websites and Services
The Website may contain links to third-party websites, payment processors, community management platforms, government websites, vendors, or other external services.
These links are provided for convenience. The Association does not necessarily own, operate, endorse, or control third-party websites or services and is not responsible for their content, availability, privacy practices, security, or terms of use.
Your use of third-party websites and services is subject to the applicable third party’s terms and policies. You should review those terms and policies before providing personal or financial information.
11. Privacy and Personal Information
The Association may receive personal information that you voluntarily submit through the Website, including your name, contact information, property-related inquiries, and other information necessary to respond to your requests or administer Association activities.
The Association may use submitted information for legitimate Association purposes, including responding to inquiries, communicating with homeowners, administering community services, maintaining records, and addressing operational or security matters.
The Association will take reasonable steps to handle personal information appropriately. However, no method of electronic transmission or storage is completely secure, and absolute security cannot be guaranteed.
The Association may disclose information when reasonably necessary to operate the Website, administer Association affairs, comply with legal obligations, protect rights or safety, or work with authorized service providers, subject to applicable law.
Information collected through third-party platforms may also be governed by those providers’ privacy policies.
12. Website Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE ASSOCIATION MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE WEBSITE’S AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.
The Association does not warrant that the Website will be free from errors, interruptions, viruses, or other harmful components.
Nothing in this section excludes any warranty, duty, or protection that cannot lawfully be excluded under applicable law.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASSOCIATION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING SOLELY FROM OR RELATED TO THE USE OF, OR INABILITY TO USE, THE WEBSITE.
This limitation applies only to claims arising from Website use and does not purport to eliminate liability for matters that cannot lawfully be excluded, including liability arising from conduct for which an exclusion or limitation is prohibited by law.
Nothing in these Terms limits rights or remedies that homeowners, residents, or other persons may have under applicable law or the Association’s governing documents.
14. Indemnification
To the extent permitted by applicable law, you agree to be responsible for losses, damages, liabilities, and reasonable expenses arising from your unlawful use of the Website, your violation of these Terms, or your infringement of another person’s rights.
This section does not require you to indemnify the Association for the Association’s own negligence, willful misconduct, or other conduct to the extent such indemnification would be prohibited by applicable law.
15. Website Security and Availability
The Association may implement reasonable security measures and may temporarily suspend or restrict Website access for maintenance, updates, security concerns, technical difficulties, or other operational reasons.
Users must not attempt to bypass security measures or interfere with the Website’s infrastructure.
The Association is not responsible for interruptions caused by circumstances beyond its reasonable control, subject to applicable law.
16. Changes to These Terms
The Association may revise these Terms from time to time to reflect changes in Website functionality, Association practices, or applicable legal requirements.
Updated Terms will be posted on the Website with a revised effective date when appropriate. Your continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
Changes to these Website Terms do not, by themselves, amend the Association’s declaration, bylaws, rules, or other governing documents.
17. Governing Law and Venue
These Terms shall be governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, except where federal law applies.
Any dispute concerning these Terms shall be resolved in a court of competent jurisdiction as permitted by applicable law. Nothing in this section overrides a mandatory dispute-resolution procedure, venue requirement, or other applicable provision of law or the Association’s governing documents.
18. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall continue in effect to the extent permitted by law.
19. No Waiver
The Association’s failure to enforce any provision of these Terms on one occasion does not constitute a waiver of its right to enforce that provision or any other provision at a later time.
Any waiver must be effective under applicable law and, where required, authorized by the Association’s governing documents.
20. Contact Information
Questions regarding these Terms or the Website may be directed to:
Waterside Community Association
Surf City, North Carolina
Email: admin@watersidesurfcity.com
21. Acknowledgment
By accessing or using the Website, you acknowledge that you have read and understand these Terms and Conditions and agree to use the Website in accordance with them.
End of Terms and Conditions