1. AGREEMENT BETWEEN THE HENLOPEN AND WEBSITE USERS. Welcome to the website of the Henlopen Condominium Council, Inc. (the “Henlopen”) located at https://henlopen.com. Throughout this website (the “Site”), the terms “we,” “us” and “our” refer to the Henlopen. The Henlopen offers the Site to you, as a user of the Site, conditioned on your acceptance without modification of the terms and conditions contained in these Terms of Use (“Terms”). By accessing, viewing or using any part of the Site, you expressly agree to and consent to be bound by all of the following terms of use, together with the terms of our accompanying Privacy Policy.  We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. The date of any update will be displayed at the end of this agreement, and the Henlopen encourages you to review the agreement after any such change. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to these Terms as currently written or as they may be modified in the future, you may not access the Site and should immediately discontinue use of the Site.
  2. PURPOSE OF THE SITE.  The Henlopen makes the information on this Site available for informational purposes only as a service to owners of units in the Henlopen Condominium and to the public. The materials on this Site are not intended to constitute advertising or solicitation, nor are they intended to constitute advice, and they should not be relied upon in making, or refraining from making, any decision. The contents of the Site are intended only for your personal, informational and noncommercial use, and the Site is intended for use by individuals 18 years of age or older. The Henlopen reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
  3. COPYRIGHT PROTECTION. The content and design of the Site, and all materials contained on the Site, are protected by copyright pursuant to U.S. and other copyright laws and are owned or controlled either by the Henlopen or by the party credited as the provider of the content.  Subject to the terms and limitations set forth in this Agreement, the Henlopen agrees to provide you with a personal, non-transferable and non-exclusive right to access, view and use the Site. You may not copy, reproduce, republish, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, provided that: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with the Henlopen. You understand and agree that title to these materials does not and shall not pass to you or any other user. You further understand and agree that nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
  4. PROHIBITED USES; INDEMNIFICATION. As a condition of your use of the Site, you warrant to the Henlopen that you will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You are prohibited to use the Site or its content (a) for any unlawful purpose; (b) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to submit false or misleading information; (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (f) to collect or track the personal information of others; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; (h) for any obscene or immoral purpose; or (h) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses. You agree that you will indemnify, hold harmless and defend the Henlopen, the members of its governing Council, its officers, owners, Property Manager, employees and agents from and against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to actions you have taken on the Site, including, without limitation, any Prohibited Uses of the Site as specified in this Section 4.
  5. LINKS TO THIRD-PARTY SITES. The Site may contain links to other websites (“Linked Sites”). The Henlopen does not control the Linked Sites, and the Henlopen is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site, or any webcasting or any other form of transmission received from any Linked Site. The Henlopen is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Henlopen of the site or any association with its operators.
  6. MATERIALS PROVIDED TO THE HENLOPEN. If you provide any materials, including feedback and suggestions, to the Henlopen via the Site (collectively, the “Submissions”), the Henlopen does not claim ownership of such Submissions. However, by providing or submitting your Submissions, you are granting the Henlopen permission to use your Submission in connection with the operation of its Site, including, without limitation, the rights to: copy, distribute, transmit, publicly display, reproduce, edit, and reformat your Submission. The Henlopen will pay no compensation with respect to the use of your Submission(s). The Henlopen is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Henlopen’s sole discretion. By providing your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide such Submission.
  7. DISCLAIMER. You understand and agree that the content or information contained on or provided on the Site is provided on an "as is" basis. You understand and agree that the Henlopen does not represent, warrant or guarantee that the materials in the Site are complete, accurate or up-to-date and that the Henlopen disclaims any and all warranties with regard to this content. In no event will the Henlopen, its Council members, officers, owners, Property Manager, or employees be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages. You further agree that the Henlopen is not responsible for any third-party content that may be accessed through this site, that links to third-party content are included for your convenience to provide further information and that reference to third-party information, products or services, at this or any Linked Site does not constitute an express or implied warranty or endorsement by the Henlopen. 
  8. LIMITATION OF LIABILITY. You understand and agree that the use of the Site is entirely at your own risk, and that under no circumstances shall the Henlopen be liable to you or any other person for any indirect, incidental, consequential, special or punitive damages for any matter arising from or relating to this agreement, the Site, any Linked Site or the Internet generally, whether such liability is asserted on the basis of contract, tort or otherwise even if the Henlopen has been advised of the possibility of such damages and notwithstanding that any exclusive remedy shall fail of its essential purpose or otherwise be unavailable.  In no event shall the Henlopen's total liability to you for any direct damages whether such liability is asserted on the basis of contract, tort or otherwise exceed the total aggregate amount of $5.00.  Because some states prohibit the exclusion or limitation of incidental or consequential damages, this limitation of liability may not apply to you. If you are dissatisfied with the Site, your sole and exclusive remedy shall be for you to discontinue use of the Site.
  9. TERMINATION/ RESTRICTION OF ACCESS. The Henlopen reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate this agreement.
  10. GENERAL PROVISIONS. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware, and you hereby consent to the exclusive jurisdiction and venue of courts in Sussex County, Delaware, in all disputes arising out of or relating to the use of the Site. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The Henlopen’s performance of this agreement is subject to existing laws and legal process. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Henlopen with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use were last updated on October 14, 2017

Copyright The Henlopen Condominium Council, Inc. 2017.   All Rights Reserved.