Terms of Use

Windsor Square Planning District AKA Windsor Square Historic District (“WSHD” or “we”) is excited to provide you this website (the “Site”) and associated services (the “Services”). Your use of the Site and the Services is subject to these Terms of Use.

1.  Acceptance of Terms
   By using the Site, you agree to these Terms of Use. In addition, when using particular Services, there may be additional policies, guidelines or rules applicable to such Services. All such policies, guidelines or rules are hereby incorporated by reference into these Terms of Use.

2. Services provided by WSHD
   WSHD currently provides users with access to a variety of Services, which may include but is not limited to posted news and other information about WSHD and its history, governance, events, and activities; communications tools such as newsblasts intended for WSHD residents and “contact us” tools intended for WSHD residents and non-residents; and other services including but not limited to links to third-party sites such as active home listings within WSHD, irrigation sites, social media sites, City of Phoenix event sites, and pay pal and other payment sites for use in conjunction with home tour sales, retention of neighborhood private security services offered by a third-party contractor, and other goods or services that may from time to time be announced. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Use.

3. Site Access and Privacy
   For privacy considerations, users under the age of thirteen (13) are not permitted to use the Services or access the Site. Your access of the Site and/or use of the Services constitutes your certification that you are not under the age of thirteen (13).You may not commercially exploit for any purposes either this Site, its Services or any portion thereof.WSHD values your privacy and understands your privacy concerns. Accordingly, use of the Services and this Site is subject to our Privacy Policy, which may be found here.

4. Spam Policy
   In order to maintain the integrity of the Site, you are not to use the Services to post or send (a) messages which are unrelated to a particular topic of discussion of a news group or message board facilitated by WSHD, (b) unsolicited commercial, mass, bulk, advertising or junk email, or (c) pyramid schemes. In addition, electronic messages sent or caused to be sent using the Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party’s internet domain name, or be relayed from or through a third party’s computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names.

5. Links to Third Party Sites
   The Site and the Services may contain links to news articles and third-party websites like home sales, City of Phoenix events, irrigation sites, social media sites, payment sites, and other content (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the content of, any transmission received from or the stability of, any Linked Site. WSHD is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by WSHD or any association with its operators, or guarantee that the content contains accurate information. Please review the separate privacy statements and terms of use posted at each Linked Site. You are also cautioned to carefully read the terms and conditions of any Linked Sites. WSHD shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information, promotions, products, or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from the terms and conditions of other sites. WSHD does not guarantee any content on such sites or anything offered by third parties, including but not limited to payments, prices, promotions, products, or services. You are knowingly and voluntarily assuming all risks of using the Linked Sites. WSHD does not sponsor, endorse, or recommend these Linked Sites and makes no representations or warranties of any kind with regard to any Linked Sites, their terms of use, or the way they may collect, save, store, and use information, including your personally identifiable information. You acknowledge that WSHD is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such Linked Sites. These Linked Sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link or frame does not imply endorsement of that site by WSHD, or any association with its operators, and is provided solely for your convenience. If you have any complaint with such sites, you should contact that site directly.

6. Hosted and Submitted Content
   At times, we may host third-party articles and similar content on our Site, or articles or content written by our residents or neighbors (collected “Hosted Content”). All such Hosted Content available on or through the Services and/or the Site is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, and other proprietary rights. We give you permission to use the Hosted Content for personal, non-commercial purposes only. You may print, download, and store articles and other information included within the Hosted Content for your own convenience, but you may not distribute, republish, sell, mine, exploit, frame or scrape any of the Hosted Content, or exploit the Hosted Content for commercial gain.At times, you may be invited to submit content to the Site (the “Submitted Content” and when used generically with Hosted Content, “Content”). Such Submitted Content is yours and WSHD does not claim ownership of Submitted Content, but by submitting such Submitted Content you grant WSHD a nonexclusive, royalty-free, fully paid-up, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense the Submitted Content. We reserve the right to remove any Submitted Content at any time without notice. Further, any publication of any Submitted Content is at our discretion.By providing Submitted Content, you certify that you own the Submitted Content, or otherwise have the right to freely redistribute the Submitted Content without limitation, and that providing this Submitted Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Further, you certify that your submissions contain no elements and produce no results that are defamatory, obscene, in violation of any law, or otherwise contain harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses.WSHD assumes no liability with respect to disputes over Content ownership, copyright, or trademarks. In the event that WSHD is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, WSHD will remove the Content in question in a timely manner without notice. If you believe that Content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your rights in that work, please immediately notify WSHD of any such infringement at [insert e-mail address for WSHD]. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce these Terms of Use.

7. Disclaimer of Warranties/Limitation of Liability
   While we use reasonable efforts to include accurate and up-to-date information on the Site, we make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information, documents, Content or other materials available on the Site, and you should not rely upon them. We provide the Site and any Service on an "AS IS, AS AVAILABLE" basis. You use the Site and any Service at your own risk, and WSHD, its residents, board members, and agents are not liable for any errors or omissions in their content or delivery, or for any form of loss or damage (including any consequential, indirect, incidental, special, or exemplary damages, even if known to us) that may result from their use. We expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement. If any of the above provisions are void under governing law, our liability shall be limited to the maximum extent permitted by law. ANY AND ALL LIABILITY FOR REPRESENTATIONS, PROMISES, AND WARRANTIES THAT MIGHT OTHERWISE BE ASSOCIATED WITH THE SITE, THE SERVICES, THE CONTENT CONTAINED THEREIN, AND LINKS TO THIRD-PARTY WEBSITES OR CONTENT AND INFORMATION CONTAINED THEREIN IS HEREBY DISCLAIMED.

8. Indemnification
   You will indemnify and hold WSHD, and its subsidiaries, affiliates, officers, agents, and employees harmless against any claim, dispute, or demand, including reasonable attorneys’ fees, which may arise from a breach or violation by you of these Terms of Use, including any Content submitted to, uploaded to, or transmitted via WSHD by you.

9. Injunctive Relief
   Your breach of these Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site, which is in addition to any other remedies available at law or in equity.

10. Jurisdiction
    These Terms of Use, and the rights and obligations hereunder, are be governed by, and construed in accordance with, the laws of the State of Arizona. Any legal action or proceeding between you and us arising out of or relating to the Terms of Use or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.

11. No waiver; Severability
    A waiver of any breach of any provision of the Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of the Terms of Use. We do not waive any rights by the failure to enforce this policy in every instance in which it might apply. In the event that any provision of the Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

12. Assignability
    We may assign our rights and delegate our duties under the Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under the Terms of Use to anyone else without our prior written consent.

13. Relationship
    This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

14. Updates and Changes to Terms of Use
    We may add to, change, update or modify these Terms of Use by posting such addition, change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site.