Geneva National Terms and Conditions

Welcome to the Geneva National Community Association’s website (the “Website”). The following Terms and Conditions (these “Terms”) govern use and access to the Website.

1. GENERAL. You (“you” or “user”) have accessed the Website and may register to view the Website hosted by and arranged by Geneva National Community Association (“we,” “us,” “our” or “Geneva National”). These Terms govern your access to and use of this Website, the Content (defined below) made available to you through this Website, and services and other transactions offered through this Website (with the Content, services and other transactions offered collectively referred to as the “Services”). In addition to complying with these Terms, you agree to comply with all additional terms and conditions governing the access to and use of specific areas of the Website, which are incorporated into and made a part of these Terms.
2. PRIVACY POLICY. Please click here to read Geneva National’s Privacy Policy (“Privacy Policy”), which is hereby incorporated into and made a material part of these Terms. The Privacy Policy explains how we collect, use and disclose personal information. By accessing and using the Website, you consent to our actions with respect to your personal information in compliance with the Privacy Policy.
3. BINDING AGREEMENT. BY ACCESSING OR USING THIS WEBSITE IN ANY MANNER YOU ARE DEEMED TO HAVE READ, UNDERSTOOD, AND AGREED TO EACH OF THE TERMS, CONDITIONS, AND NOTICES SET FORTH IN THESE TERMS AND THE PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE TERMS, CONDITIONS, AND NOTICES IN THESE TERMS AND PRIVACY POLICY, YOU SHOULD NOT ACCESS OR USE THIS WEBSITE IN ANY MANNER AND YOU SHOULD EXIT THIS WEBSITE IMMEDIATELY.
4. MODIFICATION OF WEBSITE, TERMS OR PRIVACY POLICY. We may, at any time, and in our sole discretion, add, modify, revise or otherwise change these Terms, the Privacy Policy, or this Website (including, without limitation, adding or discontinuing any or all of the Services offered through this Website), in whole or in part, without notice or liability to you. If we change these Terms or the Privacy Policy, we will post the date of the last revision at the top of these Terms and the revised version on the Website. The latest version of these Terms and the Privacy Policy will govern and apply to access and use of the Website and the Services provided in the Website. By continuing to access and use the Website once modified, you indicate your assent to the modifications and your agreement to be bound by these Terms and the Privacy Policy, as modified. We may refuse to provide the Services to any person or entity in our sole discretion and we may cancel the Services offered on our Website with or without cause at any time.
5. WEBSITE AVAILABILITY. We do not provide hardware, software, equipment or systems to any User to connect to or access the Internet and this Website, and all such hardware, software, equipment and systems shall remain the sole responsibility of the User. The availability of this Website depends on many factors, including some factors that are beyond Geneva National’s control, such as your connection to the Internet. Geneva National shall not be liable to you if you cannot use this Website for any reason.
6. ACCESS AND WEBSITE USE. By accessing the Website or registered to use the Services, you represent and warrant that: (a) you are at least eighteen (18) years of age and have the ability to enter into these Terms; (b) if accessing secured locations of the Website, you are a member or unit owner in good standing with Geneva National; and (c) you have provided to us, and will maintain at all times, accurate, correct and complete information that may be requested by registration form when setting up an account on the Website. If any of the registration information or other information provided by you is false or misleading, if you violate these Terms, or we discover that you are not authorized to access any of the Services provided on this Website, we may cancel your registration, access and any of the Services offered to you.
7. RESTRICTIONS ON USE. You must use this Website only in accordance with these Terms and any rules, guidelines or policies that may be published on this Website from time to time by us and only for lawful purposes. You may not use the Website: (a) to reverse engineer or decompile it, or to gain access (or attempt to access) to areas or Services provided on the Website which you do not have the proper authorization; (b) to impersonate any person or entity (including Geneva National or its employees) via screen names or user names or otherwise, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; (c) to link postings or sites together without consent of author of the postings; (d) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software); (e) for any commercial purpose, including to advertise, promote or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters,” or “spam;” (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Website or Geneva National’s Services; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (i) to send, knowingly receive, upload, download, use or re-use material that conflicts with the requirements or restrictions set forth in this Section 7; or (j) via robot, spider or other automatic device, process or means to monitor or copy material on the Website; (k) in a way that attacks the Website via a denial-of-service attack or a distributed denial-of-service attack; (l) in a manner that Geneva National determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Website, the Content provided through the Website, or Services.
8. PROPRIETARY RIGHTS. We and/or licensors own: (a) all information and data that is a part of this Website, including, without limitation, text, documents, software, graphics, photos, illustrations, images (collectively, “Content”); (b) the Content contained in or presented through the Services by us or by third parties engaged by us (including, without limitation, text, music, sound, photographs, graphics, video, page layout and design); (c) the software, hardware, files, processes, systems, databases and tools used or provided by us or by third parties engaged by us to provide the Services; (d) other tangible and intangible personal property relating to the Services, including, without limitation, the domain names, IP numbers and addresses that may be used by us in providing the Services; and (e) the trade names, trademarks, trade dress, service marks, logos, copyrights, patents, inventions, trade secrets, know-how and other intellectual property rights relating to the foregoing (“Geneva National Property”). These Terms do not constitute a license to you or any other person to use any Geneva National Property, except that you may use those Services that we make available to you solely for personal use. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website or Services. You further agree that you will not, and that you will not permit any person or entity, to copy, revise, alter, modify, decompile or otherwise transfer any interest in any Geneva National Property or Services, other than as is permitted by us in writing. You may download a copy of this Website for your personal, noncommercial use.
9. INTELLECTUAL PROPERTY OWNERSHIP. The Geneva National Property and Services shown on the Website are the intellectual property rights of Geneva National. Other third parties’ trademarks and other intellectual property rights may appear on the Website. You may not use Geneva National Property or third parties’ trademarks without the prior written permission of Geneva National or the applicable third party. You are not granted any right, either express or implied, in any Content or Geneva National Property and shall not use Geneva National Property or any confusingly similar version of them.
10. INFRINGEMENT. We will process and investigate notices or alleged infringement of intellectual property rights related to the Website, Content, Services or Geneva National Property as provided by applicable state and federal intellectual property laws, rules and regulations. We reserve the right, in our sole discretion, to remove your access to the Website if we find that you have infringed on Geneva National Property or a third party’s trademark displayed on the Website. Geneva National reserves the right to enforce its intellectual property rights to the fullest extent of the law.
11. SECURITY. Access to portions of the Website may be password protected for certain users. We do not warrant or guarantee the integrity or security of the Services, information or data transmitted through or contained on any portion of the Website. Content and data on the Website may be subject to loss, alteration, corruption or destruction, and we shall have no responsibility therefore.
12. THIRD PARTY DEALINGS. Links to other websites or resources may be provided by us on our Website. You agree that we have no control over such third party websites and are not responsible for them. You also agree that we are not responsible for any content, advertising, products or material on or available from such sites or resources. These links are provided for your convenience of reference only. Such links are not and shall not be deemed to be Geneva National’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for your use of such linked sites.
13. WARRANTY DISCLAIMERS. This Website and all Content, Services and any equipment, software and hardware provided in connection with the Services, are provided on an “as-is” and “as available” basis without any warranties of any kind. This Website may include inaccuracies, mistakes, defects or typographical errors. You acknowledge that your use of this Website is at your own risk. We do not warrant that the Content and Services, including your use of the Website, will be timely, uninterrupted or error free, accurate, useful, or complete, that defects will be corrected, that the Website or its server are free of viruses or other harmful components, or that the Website will meet your needs or expectations. Geneva National disclaims any and all representations and warranties, express or implied, of any kind or nature, with respect to the Website, Content or Services, including without limitation the implied warranties of merchantability, fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. Geneva National shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or mobile device, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or by downloading any material posted on the Website or on any website linked to the Website.
14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENEVA NATIONAL, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF GENEVA NATIONAL HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENEVA NATIONAL SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, DELIVERY OF THE SERVICES, OR FROM ANY OTHER USER OF THE WEBSITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE.
15. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Geneva National, its affiliates, and their respective officers, representatives, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees) and damages arising out of or relating to:(a) your access or connection to, or use of this Website and the Services; (b) your violation of a third party’s intellectual property or other rights; (c) any claims alleging facts that, if true, would constitute a breach by you of these Terms;(d) injury to persons or property, including loss or corruption of data caused by you or from your use of the Website. Geneva National reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Geneva National’s defense of such claims.
16. NOTICE. You hereby approve of Geneva National sending any notices by electronic mail, regular mail, courier or overnight delivery to the electronic address, mailing address or delivery address most recently provided by you. Notices will be effective upon transmission or delivery.
17. RELATIONSHIP BETWEEN THE PARTIES. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Geneva National as a result of these Terms or any use of this Website or the Content therein. You agree not to hold yourself out as a representative, agent, or employee of Geneva National and Geneva National shall not be liable for any representation, act or omission by you to the contrary.
18. ASSIGNMENT. You shall not assign or otherwise transfer these Terms or any of your rights or obligations (in whole or in part) with respect to these Terms, or your use and access rights to the Website without Geneva National’s prior written consent, which we may withhold, in our sole discretion. We may assign our rights and obligations under these Terms without your prior written consent.
19. GOVERNING LAW, JURISDICTION AND LIMIT ON COMMENCING ACTION. These Terms are governed by the laws of the State of Wisconsin, without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in the State of Wisconsin in all disputes arising out of or relating to the use of these Terms or the Website. You must commence any cause of action or claim against Geneva National within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred.
20. ARBITRATION. Should any dispute, controversy or claim arise relative to these Terms, Privacy Policy, the Website, Content or Services, you agree that such dispute, controversy or claim shall be settled by final and binding arbitration notwithstanding any clause, which may be inconsistent. The arbitration shall be conducted by a single arbitrator chosen by you and Geneva National. In the event that you and Geneva National are unable to agree on an arbitrator within ten (10) business days, you and Geneva National shall jointly apply to the Walworth County Circuit Court for appointment of a single arbitrator pursuant to Wis. Stat. § 788.04. The arbitration shall be heard and conducted in Walworth County, Wisconsin applying the law of the State of Wisconsin. The decision of the arbitrator(s) shall be final and binding and may be enforced by any party in a court of competent jurisdiction in accordance with the provisions of Chapter 788 of the Wisconsin Statutes. If any legal action, including arbitration, is necessary between you and Geneva National to enforce or interpret the Terms or the Privacy Policy or to resolve any dispute related to the Terms, Privacy Policy, Website, Content or Services, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements, in addition to any other relief to which such party may be entitled, including post judgment costs incurred and expenses of collection.BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND GENEVA NATIONAL ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS REQUIRED BY APPLICABLE LAW. THIS ARBITRATION CLAUSE IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ANY ARBITRATIONWILL TAKE PLACE ON AN INDIVIDUAL BASIS AND CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
21. CONTACT INFORMATION. Please send communications related to these Terms or the Website by email to ____________________________.
22. MISCELLANEOUS. If any term or provision of these Terms or the Privacy Policy, or its application to any person, entity or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of these Terms or the Privacy Policy and its application shall not be affected and shall be enforceable to the fullest extent permitted by law. No waiver or breach of any covenant, condition, term, or agreement herein contained shall operate as a waiver of the covenant, condition, term or agreement itself, or of any subsequent breach thereof. Titles and headings are included solely for convenient reference and are not a material part of these Terms or the Privacy Policy. The Terms and the Privacy Policy constitute the entire agreement between and among you and us regarding its subject matter, and supersedes all prior agreements, statements, understandings and representations of Geneva National with respect thereto. You agree that you are not relying upon any representation, warranty, guarantee or statement of any kind or nature made by us or anyone on our behalf, except as set forth in these Terms.