Hello and welcome to the Malvern of Madison web site ("Site"). We provide this service to you subject to the following conditions. If you visit the Site, send us e-mail, or use features such as the Malvern Bulletin Board ("BB"), you accept these conditions.
The Site is owned and operated by Malvern Club, Inc. ("Club"). The Site provides information about the Malvern of Madison community and surrounding area. Additionally, the Site provides a BB feature. This free, web-based BB provides a forum for Club Members ("Member") to discuss issues important to the community. Using the BB, users may even offer items or services for sale or trade. The Club's only involvement in the actual transaction between users is to provide BB software that will collect their information and display it in an online BB message.
Acceptance of Contract Terms
The following are terms of a legal agreement between you and the Club. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by the Club from its offices within the United States. The Club makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
The copyright in all material provided on this Site is held by the Club or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Club or the copyright owner. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without the Club's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Fees and Services
There are no membership or usage fees for any visitor or Member to use the Site. We may, at our sole discretion, change some or all of our services at any time. In the event we introduce a new service or service fee, the fees for that service are effective at the launch of the service.
You, the User, agree to access and use the Site for only lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to your use of the Site. By accessing the Site you agree that you will not:
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall the Club, its officers, directors, affiliated companies, employees and agents, licensors and suppliers, be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on the Site, even if the Club or an authorized representative of the Club has been advised of the possibility of such damages. If your use of materials from the Site results in unintended consequences, you assume any costs thereof.
The Club provides the Site "as is," "with all faults" and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you, the User. To the maximum extent permitted by applicable law, the Club makes no representations, warranties or conditions, express or implied. The Club disclaims any and all warranties or conditions, express, statutory and implied, including without limitation:
There are no warranties that extend beyond the face of this agreement.
You agree to indemnify and hold the Club, or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the Site or any Internet site linked to or from the Site, or in connection with the transmission of any Content.
Links and Advertisements
The Site may contain hyperlinks to Web sites by parties other than the Club. Such hyperlinks are provided for your reference and convenience only. The Club does not control other Web sites and is not responsible for their content. Nor does the Club's inclusion of hyperlinks imply any endorsement of the material on such Web sites or any association with their operators. Unless otherwise specifically stated on this Web site, the Club does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Web site.
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by the Club or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to the Club will be handled in accordance with the Club's Online Privacy Practices. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Third Party Content
The BB feature is a distributor (and not a publisher) of content supplied by third parties. Accordingly, the Club has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user of the Site, are those of the respective author(s) or distributor(s) and not of the Club. Neither the Club nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to the above section for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
The Club will not knowingly accept ads for any illegal items or services nor will it knowingly accept advertisements for items that have age requirements such as pornography, alcohol, tobacco, or firearms. Members and visitors should immediately report such misuse to the Webmaster.
Term of Use Revisions
[Last Updated: 7/10/2006]