Last Updated: Aug. 29, 2018
“Somersett Owners Association Parties” means Somersett Owners Association or its affiliates, or their respective shareholders, directors, officers, employees, contractors, agents, representatives, or their respective successors and/or assigns, each being a “Somersett Owners Association Party.” “Website Elements” means each of the Website, Content, Services, Products, User Content, and any other element on or relating to the Website, and “Website Element” means any of the foregoing.
YOU AGREE THAT BY USING THIS WEBSITE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT OR GUARDIAN MUST AGREE ON YOUR BEHALF TO ENTER INTO THIS AGREEMENT AND BE BOUND, AND BIND YOU, BY THESE TERMS. IF YOU ARE UNDER 18 YEARS OF AGE, AND YOUR PARENT OR GUARDIAN HAS NOT AGREED TO BE BOUND BY THESE TERMS ON YOUR BEHALF, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.
- Licenses and Website Access: For purposes of these Terms, “Content” includes any text, message, data, photograph, image, graphic, information, audio/video files or other material on the Website and the related trademarks, service marks, logos, insignias and other intellectual property contained therein. As between you and Somersett Owners Association , the Content on the Website (excluding any User Content as defined below), is owned by or licensed to Somersett Owners Association , subject to copyright and other intellectual property rights under the law. Without limitation, this includes any SOMERSETT OWNERS ASSOCIATION trademarks and/or service marks used on or by the Website. Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements). Content on the Website is provided to you “as is” for your information in connection with your use of the Services. Somersett Owners Association grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and Content and utilize certain Services for your own personal use only, and not to modify the Website, or any portion thereof (other than as expressly permitted by Somersett Owners Association). Except as expressly stated in the Terms, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, service mark, trademark, copyright, or proprietary right of Somersett Owners Association or any third party, in connection with your use of the Website and any Content provided by Somersett Owners Association or any third party on the Website. Elements of the Website, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part. Violation of these Terms, including without limitation modification or use of Content on the Website for any purpose other than those permitted in this Agreement, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Services, and also may constitute the infringement of Somersett Owners Association’s copyright, service mark, trademark and/or other rights. You shall not attempt to access any other Somersett Owners Association’s systems, programs or data that are not made available for public use.
- Restrictions on Use of Website: You agree that in connection with your use of the Website, you will not do any of the following:
(a) Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content.
(b) Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content without Somersett Owners Association’s written permission, other than as expressly allowed by Somersett Owners Association.
(c) Transmit through the Website any software or other materials that contain any malware, viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a harmful or destructive nature.
(d) Use any data scraping, mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without Somersett Owners Association’s prior written consent.
(e) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.
(f) Use any meta tags or any other “hidden text” utilizing Somersett Owners Association’s name or any substantially similar name without Somersett Owners Association ’s express written consent.
(g) Request more than 500 pages of the Website in any twenty-four hour period, whether alone or acting in concert with a group of individuals.
(h) Request more than 10 media or other documents available for download from the Website in any twenty-four hour period, whether alone or acting in concert with a group of individuals.
(i) Take any action that imposes or may impose (in Somersett Owners Association’s sole in any twenty-four hour period, whether alone or acting in concert with a group of individuals.
(j) Duplicate or create multiple user accounts in an attempt to circumvent our security and privacy measures and policies.
(k) “Frame” or “mirror” any part of the Website.
(m) Remove any copyright, trademark or other proprietary rights notices contained on the Website.
(n) Use the Website or Content for any unlawful purpose.
(o) Post User Content on or through the Website that includes any “Prohibited Content” as defined below. “Prohibited Content” includes, but is not limited to, any User Content that: (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is harmful or can reasonably be expected to be harmful to any person or entity; (v) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (vi) infringes or violates any right of a third party including right of privacy, right of publicity, copyright, patent, trademark, service mark, trade secret or other proprietary or contractual rights; (vii) is commercial, business-related or solicits or advertises or offers to sell any products or services, whether or not for profit; (viii) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Website; (ix) does not generally pertain to the designated topic or theme of the relevant application, public forum or blog; (x) violates any specific restrictions applicable to the application, public forum or blog; or (xi) is antisocial, disruptive, or destructive, including “spamming,” “flooding,” and “trolling” as those terms are commonly understood and used on the Internet.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR ANY OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
5. Limitations on Services: You acknowledge that Somersett Owners Association may establish limits concerning use of the Services and reserves the right at any time to modify or discontinue the Services (or any part thereof), with or without notice, including but not limited to the functionality or hours of availability, the equipment needed for its access or use, or its pricing. Somersett Owners Association shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
YOU ACKNOWLEDGE THAT SOMERSETT OWNERS ASSOCIATION IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF ANY OF SERVICES. You acknowledge that any limitations on Services will not be cause for a refund for any of Somersett Owners Association’s Services or Products.
6. Termination of Services: Notwithstanding anything contrary in these Terms, Somersett Owners Association reserves the right, without notice and in its sole discretion, to suspend or terminate your ability to use the Website (which would include deleting or deactivating your account, blocking your email or IP address, and/or blocking or preventing your future access to and use of the Website). You agree that Somersett Owners Association shall not be liable to you or any third party for any suspension or termination of your access to the Website. Further, you agree not to attempt to use the Website after said suspension or termination unless you have received prior written permission from Somersett Owners Association. Upon any termination, you must promptly destroy all Content downloaded or otherwise obtained from this Website, as well as all copies of such Content, whether made under this agreement or otherwise.
(a) Website Content. This Website is owned and operated by Somersett Owners Association. All right, title and interest in and to the Content provided on this Website (excluding any User Content), including but not limited to information, documents, logos, graphics, sounds, page headers, button icons, service marks, trade dress, trademarks and images are owned either by Somersett Owners Association or by third party authors, developers, or vendors and licensed to Somersett Owners Association (“Third Party Providers”). Except as otherwise expressly provided by Somersett Owners Association, none of the Content may be republished, reproduced, uploaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website or in a networked computer environment, and nothing on this Website shall be construed to confer any license under any of Somersett Owners Association’s intellectual property rights, whether by implication, estoppel, or otherwise. You further acknowledge that you do not acquire any ownership rights by using the Website, the Content or User Content provided by any third party. Any rights not expressly granted herein to you are hereby reserved by Somersett Owners Association.
(b) Copyrights. All Website design, graphics, and the selection and arrangement thereof, are owned by Somersett Owners Association . Copyright © 2018, SOMERSETT OWNERS ASSOCIATION. ALL RIGHTS RESERVED.
(c) Trademarks. Somersett Owners Association ‘s logo, and all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Somersett Owners Association. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners. The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks”) are the registered and unregistered trademarks of Somersett Owners Association, Somersett Owners Association’s licensors and suppliers, and others. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the express written permission of Somersett Owners Association, Somersett Owners Association’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Somersett Owners Association will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
(d) User Content. Somersett Owners Association does not claim any ownership rights in the Content that you post on or through the Website (collectively “User Content”). Somersett Owners Association may host reviews, message boards, blog feeds, and other forums (collectively, “Forums”) on the Website, through which you may be able to post certain User Content. After posting your User Content to the Website, you continue to retain any such rights that you may have in your User Content, subject to the license herein. By displaying or publishing (“posting”) any User Content on or through the Website, you hereby grant to Somersett Owners Association and its designees an assignable license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content solely on or through the Website or other Somersett Owners Association websites, including without limitation distributing part or all of the User Content in any media formats and through any media channels now known or hereafter devised, in Somersett Owners Association’s sole discretion. This license shall be non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable, worldwide, and perpetual. None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and Somersett Owners Association will not be liable for any use or disclosure of any User Content. If Somersett Owners Association does decide, in its sole discretion, to attribute User Content to you, you hereby grant Somersett Owners Association the right to use your user name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your user name. Somersett Owners Association may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Somersett Owners Association violates these Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Somersett Owners Association assumes no responsibility for monitoring the Website for inappropriate User Content or conduct. If at any time Somersett Owners Association chooses, in its sole discretion, to monitor the Website, Somersett Owners Association nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content. You are solely responsible for the User Content that you post on or through the Website, and any material or information that you transmit to other parties and for your interactions with other parties (including but not limited to Third Party Providers). Somersett Owners Association is and shall be under no obligation to pay to user any compensation for any User Content; or to respond to any User Content.
9. Forums. Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Somersett Owners Association . You acknowledge that there may be a large volume of information available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate the restrictions on User Content set forth in the Terms, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Somersett Owners Association Parties with respect thereto. Somersett Owners Association neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Forums by third parties, whether such third parties are visitors to the Website, contributing Users, or otherwise. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Somersett Owners Association. Somersett Owners Association is not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will Somersett Owners Association Parties be liable for any loss or damage caused by your reliance on such information obtained through the Website. If notified by a user of User Content that allegedly does not conform to these Terms, Somersett Owners Association may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content.
10. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any Content, including without limitation any User Content, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Somersett Owners Association ’s designated Copyright Agent to receive notifications of claimed infringement is: Wolf, Rifkin, Shapiro, Schulman and Rabkin, LLP, attn: Michael T. Schulman, Esq., at 3556 E. Russell Road, 2nd Floor, Las Vegas, Nevada 89120 For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Somersett Owners Association ’s customer service at webmaster@Somersett.net. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
11. Warranty Matters and Liability of Somersett Owners Association. No representations or warranties, express or implied, are given regarding the Website Elements, or your use of the Website Elements. Somersett Owners Association’s liability is limited strictly to amounts actually paid by you to Somersett Owners Association in connection with the purchase of Services and Products. If you are not satisfied with our service please contact our customer service department at webmaster@Somersett.net. Without limiting the generality of the foregoing, you agree that use of the Website Elements is entirely at your own risk. Somersett Owners Association assumes no responsibility for errors or omissions in the Website Elements or any Third Party Website. The Website Elements are provided on an “AS IS” or “AS AVAILABLE” basis, without any warranties of any kind. Somersett Owners Association does not warrant the quality, accuracy, functionality, performance, merchantability, security, reliability, completeness, or timeliness of the Website Elements or any other information, text, graphics, links or other items contained within the Website Elements. To the fullest extent permitted by law company disclaims any warranties for and does not assume any responsibility for any incompleteness, errors, security, reliability, timeliness, viruses, harmful components or effects, vulnerabilities, bugs, problems, omissions, inaccuracies or other limitations in, or interruptions in the operation of Website Elements, or any other information, text, graphics, links or other items contained within the Website Elements or any Third Party Website, or any other services or goods received or purchased through or advertised on the Website, or accessed through any links on the Website. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. Your use of the Website Elements or any Third Party Website is entirely done so at your own risk.
More specifically with respect to Products, or any other products sold by Third Party Website linked from the Website, Somersett Owners Association expressly disclaims all warranties, express, implied or statutory with respect to such Products or other products, including, without limitation, warranties of merchantability and fitness for a particular purpose and any warranties arising from trade usage, course of dealing or course of performance. By placing an order with Somersett Owners Association, you hereby affirm that you have not relied upon the skill or judgment of Somersett Owners Association or any of Somersett Owners Association’s agents, employees or representatives to select or furnish goods or materials for any particular purpose, and the sale is made without any warranty by Somersett Owners Association that the material is suitable for any particular purpose.
12. Limitations of Liability.
(a) Under no circumstances shall Somersett Owners Association Parties be liable to you or any third party under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Website Elements, any Third Party Website, or any product or service purchased through any Third Party Website, for any direct, indirect, incidental, punitive, special, consequential or exemplary damages (even if Somersett Owners Association has been advised of the possibility of such damages) resulting from any aspect of your use of any of the foregoing, whether the damages arise from use or misuse of any of the foregoing, from inability to use any of the foregoing, or the interruption, suspension, modification, alteration, or termination of any Website Element. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with any Website Element or any links on the Website, as well as by reason of any information received through or advertised in connection with the Website Elements or any links on the Website. These limitations shall apply to the fullest extent permitted by law.
(b) To the extent that the foregoing limitations on liability in Section 13(a) above are limited or restricted by law, your sole and exclusive remedy and company’s absolute limit of liability in connection with any lawsuit, claim or cause whatsoever directly or indirectly relating to or arising out of or relating in any way to the Website Elements, whether based on contract, tort or any other legal theory of recovery, shall in all cases be strictly limited to the price paid by you directly to Somersett Owners Association in connection with such access to or use of the Website Elements.
(c) You acknowledge and agree that, if the limitations of liability set forth in Section 13(a) above are limited or restricted by law, shall be your sole remedy even if such remedy fails in its essential purpose for any reason whatsoever, and in no event shall company be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages (even if company has been advised of the possibility of such damages), to you or any third party.
(d) Somersett Owners Association shall not be liable for any failure for any reason, in whole or in part, beyond Somersett Owners Association’s reasonable control, including, but not limited to, production schedules of Somersett Owners Association’s suppliers, unavailability of materials, labor disturbances, acts of God, earthquake, fire, flood, weather, terrorism or transportation difficulties.
14. Essential Basis of Bargain. YOU ACKNOWLEDGE THAT SOMERSETT OWNERS ASSOCIATION HAS SET ITS PRICES AND PROVIDED ACCESS TO OR USE OF THE WEBSITE, AND/OR ANY OTHER WEBSITE ELEMENT IN RELIANCE OF THE LIMITATIONS OF LIABILITY, THE DISCLAIMERS OF WARRANTIES AND DAMAGES, THE GENERAL RELEASE, AND THE INDEMNITY SET FORTH HEREIN IN SECTIONS 11-14, AND THAT THE SAME FORM AN ESSENTIAL BASIS UPON WHICH THESE TERMS ARE ESTABLISHED, AND UPON WHICH SOMERSETT OWNERS ASSOCIATION HAS PROVIDED TO YOU ACCESS TO AND USE OF THE WEBSITE ELEMENTS. YOU AGREE THAT THE LIMITATIONS OF LIABILITY, THE DISCLAIMERS OF WARRANTIES AND DAMAGES, THE GENERAL RELEASE, AND THE INDEMNITY SET FORTH HEREIN IN SECTIONS 11-14 WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
15. Technical Support Issues: If you encounter a technical problem when attempting to print or otherwise access your completed form, or some other problem you may encounter in attempting to utilize our Services and/or Content, Somersett Owners Association’s customer service representatives may be able to assist you with your problem.
16. Inaccuracy. From time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions. Somersett Owners Association may correct errors, inaccuracies, or omissions and change or update information at any time without notice. We apologize for any inconvenience this may cause you.
17. Ability to Accept Terms of Service. You affirm that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Website Terms, and to abide by and comply with these Website Terms. If you are under 18 years of age, then please do not use the Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
18. General information: The Terms constitute the entire agreement between you and Somersett Owners Association and govern your use or purchase of any Website Element, superseding any prior agreements between you and Somersett Owners Association. The failure of Somersett Owners Association to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Somersett Owners Association may have under trade secret, copyright, patent, trademark or other laws. The employees of Somersett Owners Association are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Somersett Owners Association, except in a writing signed by an authorized officer of Somersett Owners Association. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You warrant, represent and agree that, by accessing and/or using any Website Element , you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms, (ii) have carefully read and considered these Terms and fully understand its contents and the significance of its contents, (iii) are consenting to these Terms of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.
The Terms and the relationship between you and Somersett Owners Association shall be governed by the laws of the State of Nevada without regard to any conflicts of laws principles. Further, you agree that all actions or proceedings arising in connection with your use of the Website and these Terms shall be tried and litigated exclusively in the State and Federal courts located in the County of Washoe, State of Nevada. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and Somersett Owners Association with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Washoe, State of Nevada shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Website or these Terms. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Content, any User Content, the Services and/or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Somersett Owners Association.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
YOU AND SOMERSETT OWNERS ASSOCIATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Somersett Owners Association agree otherwise, the trier of fact may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In addition, in the event of a breach of these Terms by you, Somersett Owners Association will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies. This provision will not be construed as a waiver of the rights which Somersett Owners Association may have for damages under these Terms or otherwise, and all of Somersett Owners Association ‘s rights and remedies will be unrestricted.
If any provision of these Terms as applied to any party or to any circumstance shall be found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall in no way affect any other provision of these Terms, the application of any such provision in any other circumstance, or the validity or enforceability of these Terms, and any provision that is found to be void, invalid or unenforceable shall be curtailed and limited only to the extent necessary to bring such provision within the requirements of the law.
19. Questions: If you have any questions, comments or complaints regarding these Terms or the Website, feel free to contact us at webmaster@Somersett.net.