Terms and Conditions of Use Agreement

Kenwood Oaks Neighborhood Association (KONA)
Springfield, Virginia 22152

KONA Website Terms and Conditions of Use Agreement.1

Copyright © 2007, Kenwood Oaks Neighborhood Association. KONA is a nonprofit dues-paying membership organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. KONA is an unstructured, informal, and voluntary group convened to meet community mutual needs. The objectives of KONA are to provide a unified forum for issues of concern to residents of the Kenwood Oaks Subdivision, Springfield, Fairfax County, Virginia, and to promote the interests of the Association and its residents. The KONA website address is: www.kenwoodoaks.org or herein after listed as “KONA.org” for ease of reference. The information regarding any products, services, or information provided on this website is intended only for residents of the United States.

1. Use of Website The information provided on this website is for general informational and educational purposes only. You may access, download, display, or print information from this website solely for non-commercial educational, personal, or family use. Your access to and use of the information contained in this website is subject to this Terms and Conditions of Use Agreement. By accessing and using this website, you accept, without limitation or qualification, this Terms and Conditions of Use Agreement.
2. Content. KONA.org contains information relating to the interests and activities of the 90 homes and families of the KONA subdivision, Springfield, Virginia. The KONA.org website and the bimonthly KONA E-Newsletters (copies of which are attached to this website) are the sole property of KONA and the website and electronic Newsletters remain Copyright © publications beginning December 1st, 2006 per Section 10 below.  KONA.org does not endorse or recommend any specific products, processes, services, or businesses.
3. Disclaimer of Warranties. Neither KONA nor any party involved in creating, producing, delivering, or maintaining KONA.org makes any warranties or representations of any kind as to the accuracy, currency, completeness, timeliness, or availability of the Content provided through KONA.org. The information and services and content provided herein through KONA is provided “as is” with all the faults “as available”.  You agree that access to and use of KONA.org and the information, services, and content provided there through is at your own risk.  KONA and each other party involved in creating, producing, and delivering or maintaining KONA.org disclaim all warranties, express or implied, including warranties of merchant ability or fitness for a particular purpose.    
4. Limitation of Liability. KONA.org is provided to you as a free informational or educational service.  Neither KONA.org nor any party involved in creating, producing, delivering, or maintaining, KONA.org shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect, or punitive damages, arising out of or relating to access to use of or inability to use KONA.org or any content or services provided there through, or any errors or omissions in KONA.org’s content or services, whether based on warranty, contract, negligence, tort, or any other legal theory, and whether or not KONA.org or any party involved in creating, producing, delivering, or maintaining KONA.org is advised of the possibility of such damages.  This limitation includes, but is not limited to, personal injury, as well as damages to your computer equipment, including damages that may be caused by or arise from a virus that infects your computer equipment.
5. Claims. Any claim arising in connection with your use of KONA.org or any Content (including, without limitation, any information, product, or service) must be brought within one (1) year of the date that the event giving rise to such claim occurred. Without prejudice to the Disclaimer of Warranties in Section 3 above and the Limitation of Liability in Section 4, and at KONA's sole election, KONA may settle in full any claim brought by you arising out of or relating to any allegedly inaccurate or defective information, product, or service you received from or through KONA.org by paying you not more than U.S. $100.
6. Indemnification. You agree to indemnify, defend, and hold harmless KONA and any other party involved in creating, producing, delivering, or maintaining KONA.org and each of their respective officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions of Use. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which the indemnified person(s) may be entitled.
7. Links to and from KONA.org. Unless otherwise notified by us, you are free to link to KONA.org so long as it is clear that the linked Content belongs to KONA.org and that such Content is not your own. As a courtesy we ask that you provide us with written notice of the location of your link, the page you are linking to, and that you disclaim any association between your website and KONA.org. In addition to links to KONA.org, our website may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Neither KONA nor any party involved in creating, producing, delivering, or maintaining KONA.org makes any warranties or representations of any kind as to the accuracy, currency, timeliness, or completeness of any information contained on third-party websites or such website information collection and disclosure practices, and KONA and any party involved in creating, producing, delivering, or maintaining KONA.org shall have no liability for any damages or injuries of any kind arising from such third-party website content, information collection or disclosure practices. Inclusion of any third-party link to or from our website does not imply an endorsement or recommendation by KONA.
8. Submissions. You are encouraged to submit suggestions to us on ways to improve KONA.org. However, you agree that you will not send or transmit to us by email, (including through the email addresses listed on the “Comments/Suggestions” box) any communication or content that infringes or violates any intellectual property rights or other rights of any party. Furthermore, if you submit any business information, idea, concept, image, or invention to us by email, you agree such submission is non-confidential for all purposes and we shall have no obligation of any kind with respect to such information. Finally, you automatically grant and/or warrant that the owner of such content or intellectual property has expressly granted us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense our rights through multiple tiers of sublicenses. KONA shall be free to use any ideas, concepts, know-how, or techniques contained in any such communication for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to KONA.org.
9. Trademarks. The names and logos of KONA and any organization or product names appearing on KONA.org, whether or not appearing in large print or with the trademark symbol, may be trademarks of the KONA or any of its potential future affiliates, related companies, licensors, joint venture partners, or other third parties. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
10. Copyrights. The KONA.org website Content and KONA Newsletters are subject to full Copyright © protection. The Content and KONA Newsletters may not be copied, displayed, distributed, or used other than for non-commercial educational, personal, or family reference with all copyright or other proprietary notices retained. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish, or retransmit any Content or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such Content without the express written consent of KONA. Nothing contained herein shall be construed as conferring by implication, estoppels’ or otherwise any license or right under any patent or trademark of KONA, any company mentioned herein, or any third party.
    
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11. Assignment. We may assign these Terms and Conditions of Use with or without notice another organization or to a third-party acquirer of KONA.org.
12. Void Where Prohibited.KONA.org and its Content are intended to comply with the laws and regulations in the United States. Although the information on KONA.org is accessible to users outside of the United States, the information herein is intended for use only by residents of the United States. Other countries and jurisdictions may have laws, regulatory requirements and medical practices that differ from those in the United States. KONA.org may have links to other sites some of which may be outside the United States. Those websites may have information that is appropriate only to that particular originating country.
13. Governing Laws. This Terms and Conditions of Use Agreement and your use of KONA.org shall be governed by the laws of the United States of America and the State of Virginia without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Virginia.
14. Updates. We may at any time revise or modify these Terms and Conditions of Use by contacting you, if you have provided us your email address and if it is still on record and/or by posting such change to KONA.org. You are bound by any such revisions, and you should, therefore, periodically visit this page to review the then current Terms and Conditions of Use, to which you are bound.
15. Miscellaneous. If any provision of this Terms and Conditions of Use Agreement is held to be unlawful, void, or unenforceable, then such provision shall be deemed severed without affecting the enforceability of all remaining provisions. Our failure to exercise any right or remedy available upon your breach of this Terms and Conditions of Use Agreement or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance, or (c) any right or remedy in connection with a subsequent breach or default on your part. We reserve the right to alter or delete Content on KONA.org at any time at our sole discretion.
16. Complete Agreement. Except as expressly provided in a particular “legal notice” or end-user software license agreement found on KONA.org, these Terms and Conditions of Use constitute the entire agreement between you and us with respect to the use of KONA.org and the Content presented herein.