Privacy Policy
PRIVACY POLICY
1. General
1.1 These Terms of Use govern your use of the service providing the “content” as describe below (“the Service”) which is operated on this website by Recon Industries., a California corporation, doing business as California Safety Agency(“CSA”) and California Safety Agency Training Center. Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms, govern your use of those areas. These terms, together with any such additional terms and conditions, are referred to as the “Terms.” Please read them carefully before using the Service. Your use of the Service constitutes your agreement with and acknowledgement of the Terms.
1.2 CSA reserves the right, in its discretion, to change or modify all or any part of the Terms at any time, effective immediately upon posting on this page. CSA will not notify you of any such changes by e-mail or other personal contact. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by CSA as permitted above. If at any time the terms and conditions of the Terms are not acceptable to you, you should immediately cease all use of the Service.
2. Use of Content
2.1 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of CSA or third parties. All Content on the Service is copyrighted as a collective work of CSA pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use only the Content that pertains to the homeowners association or other residential development or business of which they are a homeowner, officer, manager or board member (their “Association”) as indicated in their Service Agreement. Users may use the Content that pertains to their Association only for their own use in connection with the operation or security of their own Association, and may not use any Content as a service bureau or otherwise on behalf of any third party or provide any of the Content to any third party. CSA’s trademarks, logos, images, and service marks used on this website are the property of CSA and may not be used without the prior written consent of CSA and without proper acknowledgment. All other trademarks and/or logos are the property of their respective owners.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except in order to assist or support the operations or security of your Association. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to CSA the right to edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.3 You may download or copy the Content only for your own use in connection with the operation or security of your Association as indicated in your service agreement, not as a service bureau or otherwise on behalf of any third party, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of CSA or the owners of such Content or their authorized persons, if other than CSA.
3. Rules of Conduct
You shall not use the Service or access any Content in any manner that violates any federal, state or local law, regulation or rule or court or administrative ruling. Without limiting the foregoing, you shall not post on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.
4. Managing Content
CSA does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, CSA reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates the Terms or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. CSA shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement
5.1 CSA does not represent or endorse the accuracy or reliability of any Content posted on this website and you acknowledge that any reliance upon such Content shall be at your sole risk. CSA assumes no responsibility for errors or omissions in the content of this website, and makes no commitment to update such information. Any Content placed on this website by users are the views of the user posting the statement, and do not represent the views of CSA.
5.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that CSA is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. Be aware that External Sites may collect data and personal information and operate according to their own privacy practices. Therefore, you should carefully review the privacy policies of External Sites before submitting any personal information to them. You are responsible for compliance with all laws regarding material obtained from any External Sites.
6. Indemnity
You agree to indemnify, defend and hold CSA and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “CSA Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any CSA Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you, or otherwise arising from any negligence or willful misconduct by you. CSA reserves the right, at its own expense, 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 CSA’s defense of such claim.
7. Termination of Service
CSA reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. CSA may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER CSA NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CSA, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF CSA, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER CSA NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER CSA, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 CSA MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICE WILL PREVENT INJURY, OR LOSS OR DAMAGE TO PROPERTY. YOU WAIVE ANY AND ALL RIGHTS TO RECOVERY AGAINST CSA FOR DAMAGES TO PREMISES, SERVICE OR LOSS OCCURRING AS A RESULT OF FIRE OR OTHER CASUALTY. CSA SHALL NOT BE LIABLE FOR ANY ACCIDENT OR INJURY TO ANY PERSON ARISING FROM USE OF ANY FACILITIES, INCLUDING WITHOUT LIMITATION ANY SWIMMING POOL OR RELATED FACILITIES, OR OTHERWISE. IT IS EXPRESSLY UNDERSTOOD THAT UNDER NO CIRCUMSTANCES WILL CSA BE RESPONSIBLE FOR THE THEFT OF PROPERTY OR ANY OTHER ACTIONS OF THIRD PARTIES.
8.4 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CSA, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous
The Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce the Terms in the federal or state courts located in Orange County, California. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the Terms and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Sections 2, 3, 6, 8 and 9 shall survive any termination of the Terms as well as any other provisions which by their terms or sense are intended to survive.