September 26, 2017

Carrington Web Site and Services Terms of Use

WELCOME TO CARRINGTON’S INTERACTIVE WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE FURTHER ACCESSING OR USING THIS WEBSITE AND ITS INTERACTIVE FEATURES. YOUR ACCESS TO THIS WEBSITE AND ANY USE OF SUCH FEATURES CONSTITUTES YOUR AGREEMENT TO ABIDE BY THESE TERMS OF USE IN THEIR PRESENT FORM AND AS REVISED BY CARRINGTON FROM TIME TO TIME IN THE FUTURE.

1. Definitions:

In these Terms of Use, “Carrington Website” means this interactive website operated by the Carrington Community Association located in Vienna , Virginia , which is referred to as “Carrington.” The Carrington Website includes and provides access to information services and content provided by Carrington and third parties (together with the Carrington Website referred to as the “Carrington Services”). Each homeowner, resident, guest or other party that gains access to the Carrington Website and the Carrington Services and uses them in any way is referred to as a “User.” The “Effective Date” is the date on which this version of the Terms of Use takes effect, set forth below.

2. General:

By using the Carrington Website (other than to read these Terms of Use for the first time), the User agrees to comply with all of the Terms of Use. Please note that these Terms of Use include other provisions that apply to use of the Carrington Website and the Carrington Services (“Supplemental Terms”). The policy described in Section 15 hereof is one example of Supplemental Terms. Other Supplemental Terms may apply to the use of specific material available to Users on the Carrington Website and the Carrington Services. The right to use the Carrington Website and the Carrington Services is personal to the User, and the User may not transfer this right to any other person or entity. If the User acquires a password that applies to use of any part of the Carrington Website or the Carrington Services, the User shall be responsible for protecting the confidentiality of the password.

Carrington has the right at any time to change or discontinue any aspect or feature of the Carrington Website and the Carrington Services. These include, but are not limited to, the Carrington Website’s content, its hours of availability, and the equipment that the User needs to gain access to and use the Carrington Website and Carrington Services.

3. Changes to These Terms of Use:

Carrington reserves the right to change or modify these Terms of Use of the Carrington Website, or any part of the Carrington Website or Carrington Services, as well as to impose new conditions upon the User’s use of the Carrington Website or Carrington Services. Such conditions may include (without limitation), charging fees for use of the Carrington Website or Carrington Services. Any changes, modifications, additions or deletions that Carrington makes to this version of the Terms of Use shall be effective immediately upon notice thereof. Carrington may give such notice by means including, but not limited to, posting the revised Terms of Use on the Carrington Website, by electronic or conventional mail, or by any other means by which the User will receive the notice. If the User uses the Carrington Website or the Carrington Services in any way after receiving Carrington’s notice, this use shall constitute the User’s acceptance of the revised Terms of Use.

4. Information Collection and Use:

When a User submits information about the User or the User’s business to Carrington through the Carrington Website or the Carrington Services, the User consents to Carrington’s commercial use of this information. Carrington will not, without a User’s prior permission (other than where such consent is granted hereby), edit, or disclose to third parties any personal information about the User or the User’s use of the Carrington Website and the Carrington Services or information contained on the Carrington Website, unless Carrington decides in good faith that the editing, or disclosure of the information is necessary to:

  • Conform to legal requirements or comply with legal process;
  • Protect and defend Carrington’s rights or property;
  • Enforce these Terms of Use; or
  • Protect the interests of others.

5. Children:

THE CARRINGTON WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. THEREFORE, PERSONS UNDER 13 YEARS OF AGE ARE NOT PERMITTED TO REGISTER FOR ANY CARRINGTON WEBSITE SERVICES OR INFORMATION.

6. Equipment:

The User shall be solely responsible for obtaining and maintaining all telephone-, cable-, wireless and/or computer-related equipment and other equipment needed for access to and use of the Internet, the Carrington Website and Carrington Services, as well as all related charges.

7. Use Restrictions:

The User is entitled to use the Carrington Website and Carrington Services for User’s personal and non-commercial purposes, only. The User may not use any Carrington Services to promote the User’s commercial interests, including sales of products intended to compete with Carrington’s products and services or driving traffic to the User’s own website. The User may not take search results obtained through use of the Carrington Services and reformat or reproduce them in any manner. The User also is prohibited by these Terms of Use from mirroring on the User’s website the Carrington Website home page or any World Wide Web pages generated through use of the Carrington Services. If you wish to use the Carrington Website and Carrington Services for any of these commercial purposes, please contact Carrington for more information at info@carringtonva.com.

Any User interested in integrating, linking or deep-linking, co-branding or otherwise utilizing the Carrington Services’ search box on its website must contact Carrington for prior permission and notice of terms and conditions at sales@carringtonva.com. The User may only use any aspect of the Carrington Website and Carrington Services for lawful purposes. The User is prohibited from posting on the Carrington Website or transmitting through the Carrington Website or the Carrington Services any material that:

  • violates or infringes the rights of others,
  • is unlawful, threatening, abusive, defamatory, or invasive of privacy or publicity rights,
  • is vulgar, obscene, profane or otherwise objectionable,
  • encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or
  • contains advertising or any solicitation with respect to products or services, without Carrington’s prior approval.

The User also may not send any automated queries of any kind to the Carrington Website or by means of the Carrington Services without Carrington’s prior written consent. The sending of automated queries includes:

  • combining Carrington’s search engine technology with other search engines and information research under a common interface – also known as “meta-searching” and “federated searching,”
  • using Carrington’s search engine technologyto search for digital information offline, and
  • sending queries to Carrington’s search engine in order to determine the ranking of a website or webpage in Carrington’s index of websites and webpages.

Carrington reserves the right to prohibit, on a case by case basis, any User conduct that Carrington determines restricts or inhibits, or is likely to restrict or inhibit, any other User from using or enjoying the Carrington Website or the Carrington Services.

8. International Use:

By choosing to access the Carrington Website from any location other than the United States , the User accepts full responsibility for compliance with all local laws. The User also is subject to United States export controls and is responsible for any violations of United States embargoes or other United States rules and regulations restricting exports.

9. Proprietary Information:

Carrington’s Proprietary Information: The Carrington Website contains and the Carrington Services embody copyrighted material, trademarks and other of Carrington’s proprietary information, including text, video, graphics, music, sound, and software. The entire contents of the Carrington Website are copyrighted as a collective work under the United States copyright laws, and Carrington owns a copyright in the selection, coordination, arrangement and enhancement of such contents as well as in the original, underlying content (together, the “Content”). The software in the Carrington Services’ search engine and that is otherwise used to provide the Carrington Services (the “Software”) also is protected by state, federal and international copyright laws. The User may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or otherwise exploit in any way any of the Content or the Software. The User may download Content only for the User’s personal use. Except as expressly permitted under copyright law, the User may not, without the express written permission of Carrington or the copyright owner (if the owner is not Carrington), copy, redistribute, retransmit, publish, or otherwise commercially exploit any material that the User downloads from the Carrington Website or through the use of the Carrington Services. If the User receives permission to copy, redistribute, or publish copyrighted material from the Carrington Website or that the User has obtained through using the Carrington Services, the User shall not make any changes in or delete the author attribution, trademark legend or copyright notice. The User acknowledges and agrees that the User does not acquire any ownership rights by downloading copyrighted material.

Any Carrington trademarks that may be referenced on or in connection with the Carrington Website or the Carrington Services, are trademarks of Carrington, and Carrington reserves all rights in them. The User may not use Carrington’s trademarks without obtaining from Carrington a valid license to do so.

Proprietary Information of Others: The User agrees that, without the express written permission of the owner of material protected by copyright, trademark or other proprietary right (together, “Proprietary Rights”), the User shall not upload and post or otherwise make available on the Carrington Website any such material. The User is responsible for ensuring that any material that the User uploads and posts or otherwise makes available on the Carrington Website is not protected by any Proprietary Rights. The User shall be solely liable for any damage resulting from any infringement of Proprietary Rights or any other harm resulting from such a submission. By submitting material to any public area of the Carrington Website, the User automatically grants, or warrants that the owner of the material has expressly granted:

  • to Carrington a royalty-free, irrevocable, non-exclusive right and license to use, display, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or developed in the future for the full term of any Proprietary Rights registration that may exist in such material and, if the material is a trade secret, perpetually;
  • to all other Users the right to access, view, store or reproduce the material for that User’s personal use; and
  • to Carrington the right to edit, copy, publish and distribute such material.

The provisions of this Section 9 are for the benefit of the Carrington, its third party content providers, and its licensors. Carrington, its content providers and its licensors each shall have the right to assert and enforce the provisions of this section directly and on its own behalf.

10. Monitoring:

Carrington shall have the right, but not the obligation, to monitor the content of the Carrington Website to gauge compliance with these Terms of Use, any operating rules that Carrington establishes, and to satisfy any law, regulation or authorized government request. Carrington has the right, in its sole discretion, to edit, refuse to post or remove any material that Users or others submit to or posted on the Carrington Website. Without limiting the scope of Carrington’s right to edit, refuse to pose or remove material, Carrington has the right to remove any material that Carrington, in its sole discretion, finds to be in violation of the provisions of these Terms or Use or otherwise objectionable.

11. Indemnification:

The User agrees to defend, indemnify and hold harmless Carrington, its subsidiaries, affiliates, and the officers, directors, officers, employees and agents thereof from and against all claims and expenses, including attorneys’ fees, arising out of the User’s use of the Carrington Website.

12. Carrington Website and Services Content:

The Carrington Website and Carrington Services distribute (but do not serve as publishers of) information and other content supplied by Users and third parties (“Content”). As a result, Carrington has no more editorial control over Content than a public library, bookstore, or newsstand has over the publications that they make available to readers. Any opinions, advice, statements, services, offers, or other information included in the Content are those of the respective author(s) or distributor(s) and not of Carrington. Neither Carrington nor any third-party provider of Content endorses or guarantees (and, as described in Section 15 hereof, Carrington expressly disclaims any and all implied or express warranties of) the accuracy, truthfulness, completeness, quality, usefulness, merchantability, non-infringement and/or fitness for any particular purpose of such Content. Under no circumstances shall Carrington be liable for any loss or damage caused by a User’s reliance on Content obtained through the Carrington Website or the use of the Carrington Services. It is the responsibility of the User to evaluate the accuracy, truthfulness, completeness, quality, system integration, risk of possible third party infringement, and usefulness of any Content available through the Carrington Website and the Carrington Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinions, advice or other Content. User acknowledges and agrees that the seach engine query results’ rankings of any and all search results arising from the Carrington Services and/or the Carrington Website are an expression of opinion by Carrington. (Please note that additional provisions governing limitation of liabilities and disclaimers of warranty are included in Section 15 below.)

13. Reserved.

14. Links to Third Party Sites:

The Carrington Website may provide Users with links to World Wide Web and other Internet sites of third parties (“Sites”). The User assumes full responsibility for following any links on the Carrington Website that lead to Sites. By including a link to a Site on the Carrington Website, Carrington does not imply that Carrington endorses the Site or has any association with the Site’s operators. Carrington takes no responsibility for any subject matter or information on any Site or for any transactions that a User chooses to enter into on any Site.

15. Disclaimer of Warranties and Limitation of Liability:

THE USER EXPRESSLY AGREES THAT USE OF THE CARRINGTON WEBSITE AND THE CARRINGTON SERVICES IS AT USER’S SOLE RISK. NEITHER CARRINGTON NOR ITS BOARD OF DIRECTORS, COMMITTEE MEMBERS, HOMEOWNERS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE USER’S ACCESS TO THE CARRINGTON WEBSITE AND THE CARRINGTON SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NEITHER DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER MAY OBTAIN FROM USE OF THE CARRINGTON WEBSITE AND THE CARRINGTON SERVICES OR AS TO THE ACCURACY, TRUTHFULNESS, RELIABILITY OF ANY CONTENT, INFORMATION, SERVICES, PRODUCTS OR OTHER MERCHANDISE THAT THE USER ACCESSES OR OBTAINS THROUGH THE CARRINGTON WEBSITE OR THE CARRINGTON SERVICES.

THE CARRINGTON WEBSITE AND CARRINGTON SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, NON-INFRINGEMENT, ACCURACY, EFFORTS, SYSTEM INTEGRATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT FOR THOSE WARRANTIES THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF THE CARRINGTON WEBSITE AND THE CARRINGTON SERVICES, AS WELL AS ANY COMPUTER VIRUS, COMMUNICATION LINE FAILURE, DAMAGE OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE USER’S COMPUTER(S), WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USER SPECIFICALLY ACKNOWLEDGES THAT CARRINGTON IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN NO EVENT WILL CARRINGTON, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE CARRINGTON WEBSITE, THE CARRINGTON SERVICES OR THE SOFTWARE ASSOCIATED WITH EITHER OF THEM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE CARRINGTON WEBSITE OR THE CARRINGTON SERVICES. THE USER ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE CARRINGTON WEBSITE.

IN ADDITION TO THE PREVIOUS TERMS, NEITHER CARRINGTON, THE CARRINGTON BOARD OF DIRECTORS, ITS COMMITTEE MEMBERS, HOMEOWNERS NOR ITS INFORMATION AND CONTENT PROVIDERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE CARRINGTON WEBSITE OR MADE AVAILABLE TO THE USER THROUGH THE CARRINGTON SERVICES, OR FOR ANY DELAY, LOSS OF DATA OR INTERRUPTION IN THE TRANSMISSION OF SUCH INFORMATION TO THE USER, OR FOR ANY CLAIMS OR OTHER LOSSES ARISING FROM OR OCCASIONED BY SUCH INFORMATION. NEITHER CARRINGTON NOR ITS INFORMATION AND CONTENT PROVIDERS SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH THEIR BROKERS OR OTHER FINANCIAL REPRESENTATIVES TO VERIFY PRICING AND OTHER RELEVANT INFORMATION. CARRINGTON, ITS BOARD OF DIRECTORS, COMMITTEE MEMBERS, HOMEOWNERS AND ITS INFORMATION AND CONTENT PROVIDERS DISCLAIM ALL LIABILITY FOR INVESTMENT DECISIONS BASED ON ANY INFORMATION PROVIDED ON THE CARRINGTON WEBSITE OR THROUGH THE USE OF THE CARRINGTON SERVICES. CARRINGTON DOES NOT, EITHER DIRECTLY OR ON BEHALF OF ITS INFORMATION AND CONTENT PROVIDERS, WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY, SECURITY, TRUTHFULNESS, QUALITY, SYSTEM INTEGRATION, OR COMPLETENESS OF THE INFORMATION ON THE CARRINGTON WEBSITE OR THAT THE USER ACCESSES THROUGH THE USE OF THE CARRINGTON SERVICES. ADDITIONALLY, CARRINGTON AND ITS INFORMATION AND CONTENT PROVIDERS DISCLAIM ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION.

IN RARE INSTANCES, USERS MAY EXPERIENCE EPILEPTIC SEIZURES AS A RESULT OF VIEWING CERTAIN PATTERNS OF LIGHT AND BACKGROUNDS ON COMPUTER SCREEENS, EVEN IF USERS HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. ANY USER WITH AN EPILEPTIC CONDITION, OR WITH A FAMILY HISTORY OF EPILEPSY, SHOULD CONSULT THE USER’S PHSICIAN PRIOR TO USING THE CARRINGTON WEBSITE AND CARRINGTON SERVICES. IF A USER EXPERIENCES DIZZINESS, ALTERED VISION, DISORIENTATION, INVOLUNTARY MOVEMENT, INCLUDING TWITCHING OF EYE OR OTHER MUSCLES, OR CONVULSIONS WHILE USING THE CARRINGTON WEBSITE OR SERVICES, THE USER SHOULD DISCONTINUE SUCH USE IMMEDIATELY AND CONSULT THE USER’S PHYSICIAN. THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Termination:

Carrington may terminate at any time, and in Carrington’s sole discretion, a User’s right to access and use the Carrington Website and Carrington Services. Reasons for such termination include conduct on the part of the User that Carrington deems objectionable and the User’s breach of one or more provisions of these Terms of Use. The provisions of Sections 3, 9, 11, 12, 13, 14, 15 and of this Section 19 shall continue to apply to the User after Carrington has terminated the User’s right to access and use, or the User has otherwise stopped accessing and using, the Carrington Website and Carrington Services.

17. Removal of Links and Cached Content: Carrington sometimes receives requests to delete links from the Carrington Website. Carrington reserves the right to address such requests on a case by case basis.

18. Copyrights and Copyright Agent:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Carrington’s Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:

(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 copyright 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 us to locate the material;

(d) Information reasonably sufficient to permit us to contact the complaining party;

(e) A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Copyright Agent
Carrington Community Association c/o SFMC
Email: admin@carringtonVA.org

For any questions or requests other than copyright issues, please contact info@carringtonva.com.

19. Miscellaneous:

Unless the context otherwise requires, references to a “Section” are to a section of these Terms of use, “include,” “includes,” and “including” are deemed to be followed by “without limitation,” whether or not they are in fact followed by these words, and any term defined or used in the singular shall include the plural of the term, and any term defined or used in the plural shall include the singular of the term. The the headings of the various sections and other subdivisions of these Terms of Use are for convenience of reference only and shall not modify, define, or limit any of the terms or provisions of these Terms of Use. These Terms of Use and any operating rules for the Carrington Website and Carrington Services constitute the entire agreement between Carrington and the User with respect to the subject matter of these Terms of Use and such operating rules and supersede all previous agreements of any kind between Carrington and the user with respect to such subject matter. These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Virginia , without regard to its conflict of laws rules. No waiver by Carrington of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any dispute relating to these Terms of Use shall be adjudicated exclusively in the state courts of the Commonwealth of Virginia or the U.S. District Court for Eastern District of Virginia, Alexandria Division. By using of the Carrington Website and the Carrington Services, the User voluntarily and knowingly waives of any claim of forum non conveniens with respect to these forums for adjudicating disputes and to lack of personal jurisdiction in the Commonwealth of Virginia . Any part of these Terms of Use that is found by a court of competent jurisdiction to be invalid or unenforceable will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon Carrington and the User.

EFFECTIVE DATE: 03/08/2005