Sauble Beach Residential Property Owners Association

TERMS AND CONDITIONS

 

(1) Introduction These terms and conditions govern your membership, the use of this website, its content, newsletter(s), printed material(s), electronic material(s), spoken materials(s) or any other content, of any kind, generated and/or used by this Not-for-Profit Corporation (hereafter known as the Association).  By becoming a member of Sauble Beach Residential Property Owners Association (SBRPOA) (also operating as Sauble Beach Residents Association (SBRA) and/or Amabel Property Owners Association (APOA)) or by using the Sauble Beach Residential Property Owners Association website or any of its content, whether intended for public or private use, you accept these terms and conditions in full. If you disagree with any part of these terms, you are not authorized to continue or use our website or any Association materials for any purpose.

(2) Definitions 

In all circumstances, express written consent or written consent must be obtained from the SBRPOA Executive Board in advance of any use.

A person is only considered a member if the following are true:

(a) They have applied for membership, by providing the required contact information, and said request has been authorized.

(b) Has agreed to these Terms of Use during the application process, no matter what form that application may take.

(c) They are in good standing (have not been blocked or banned)

(d) Membership dues are paid in full.   

(3) Scope Membership in this Association is restricted to and granted only to Residential Property Owners in Sauble Beach and the surrounding area (formerly known as Amabel).  Requesting membership by any other party is a contravention of our Terms of Use.  This Association is not intended for groups, parties, organizations or individuals wishing to use it as a venue to promote any agenda, thought(s), discussion(s), material(s), political view(s), business needs, etc, no matter what their residential status, which lie outside of the goals and beliefs of this Association, as outlined by majority rule of the executive board and/or the membership.  This applies to all Association platforms including AGM's, newsletter(s), email(s), etc.  Failure to adhere to these Terms may result in immediate termination of ones membership or membership request.  The board of directors and officers may elect, at any time and at their sole discretion, to deem any such member as hostile.  The board may also withdraw or block that person(s) membership (including future membership requests) or access if they feel it is in the best interest of the Association to do so.  No written or oral reasoning, explanation or documentation regarding such a decision will be provided unless the board so chooses to provide such reasoning.

(4) Intellectual property rights Unless otherwise stated, Sauble Beach Residential Property Owners Association (SBRPOA) owns the intellectual property rights of the website and material(s) on the website. Subject to the license, all intellectual property rights are reserved.

(5) Non members license to use website or content of any kind Non members (otherwise known as the general public) may view or download for caching purposes only publicly accessible content and areas (not requiring a user ID an password to login) of the SBRPOA website, provided that you do not:

(a) Republish, in any form, privileged or public material(s) or content from this website without first obtaining express written consent;

(b) Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this website or material(s) on this website for a commercial purpose, without express written consent;

(c) Edit or otherwise modify any material(s) on or from the website.

(d) Access, find, receive, purchase, use, reference, copy or reproduce, for any reason, privileged (private) members only content including, but not limited to, email(s), newsletter(s), files and downloads.  Doing so will result in immediate blocked access to any portions of our website and possible legal action.

(6) Members license to use website or content of any kind You may view or download for caching purposes any content on the SBRPOA website, provided that you do not:

(a) Republish, in any form, members or public material(s) or content from this website without first obtaining express written consent;

(b) Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this website or material(s) on this website for a commercial purpose, without express written consent;

(c) Edit or otherwise modify any material(s) on or from the website.

(d) Share privileged members only content including, but not limited to, email(s), newsletter(s), files and downloads with non-members.   Doing so will result in immediate loss of membership and possible legal action.

 (7) Limitations of liability The information on this website including publicly accessible materials, members only materials, newsletters (including those mailed to members and those found in the restricted access section), correspondence, articles or reposts of third party materials is provided to the users of this site (including the general public (non-members) , current and past members free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this material and the information contained within those materials. While we endeavor to ensure that the information on and from this website is correct, we do not warrant its completeness or accuracy. We are committed to ensuring that the website remains available and the material is kept up to date. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

(8) Restricted access Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If you are provided with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the user ID and password is kept confidential. Distribution of your user ID and/or password is considered grounds for termination of your account (your membership) and may lead to removal of your right to use this site and could under certain circumstances lead to legal action.  You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion if it appears you have or may have breached any of the policies or terms governing your use of our website.

(9) Officers and Members

(i) Members and non members are reminded that the executive team (board of directors and officers) of this Association operate solely as volunteers.  That team requires the respect they deserve as volunteers and will not operate under any circumstances to the contrary.  Constructive feedback and suggestions are always appreciated but personal attacks or constant negative complaints will not be tolerated.  Failure to adhere to these Terms may result in immediate termination of ones membership or membership request.  The board of directors and officers may elect, at any time and at their sole discretion, to deem any such member as hostile.  The board may also withdraw or block that person(s) membership (including future membership requests) or access if they feel it is in the best interest of the Association to do so.  No written or oral reasoning, explanation or documentation regarding such a decision will be provided unless the board so chooses to provide such reasoning.

(ii) By accepting a term as an officer and/or by accepting membership in this Association you hereby agree, in perpetuity, to maintain the confidentiality of any and all materials associated with the business of this organization.  The distribution or transfer of any materials presented by and/or maintained by this Association, whether considered private or public, to any person outside of this Association, without first obtaining express written consent, is considered a contravention of our policies and may lead to termination of that persons(s) membership and possible legal action(s).  You must agree to maintain the confidentiality of this Associations materials no matter what the status of your partnership with this Association.

(iii) Membership may be denied to any person requesting or renewing membership in this Association that has taken actions or exhibited controversial history in the community (the Town) if the events in question are seen to harm the existing members, directors, officers, goals or standing of this Association in the community.  Failure to adhere to these Terms may result in immediate termination of ones membership or membership request.  The board of directors and officers may elect, at any time and at their sole discretion, to deem any such member as hostile.  The board may also withdraw or block that person(s) membership (including future membership requests) or access if they feel it is in the best interest of the Association to do so.  No written or oral reasoning, explanation or documentation regarding such a decision will be provided unless the board so chooses to provide such reasoning.

(iv) Any member or officer that acts to harm this Association's executive board, directors, officers, members, goals or joins this group with the intend of harming this Association may be considered hostile.   This includes the dissemination of your access information, our newsletter(s), or any other members/officers privileged information, to any third party without first obtaining express written consent.  Doing so contravenes our Terms of Use.  Failure to adhere to these Terms may result in immediate termination of ones membership or membership request and/or legal action.  The board of directors and officers may elect, at any time and at their sole discretion, to deem any such member as hostile.  The board may also withdraw or block that person(s) membership (including future membership requests) or access if they feel it is in the best interest of the Association to do so.  No written or oral reasoning, explanation or documentation regarding such a decision will be provided unless the board so chooses to provide such reasoning.

(v) Any member that acts or continues to act in a hostile or inappropriate manner towards the executive board, director(s), officer(s) or active member(s), may be considered hostile.  The board of directors and officers of this Association operate strictly on a volunteer basis and are not obliged to accept harassment or interference, whether ongoing or a one-time incident, from any member or nonmember.  Doing so contravenes our Terms.  The board of directors and officers may elect, at any time and at their sole discretion, to deem any such member as hostile.  The board may also withdraw or block that person(s) membership (including future membership requests) or access or take legal action if they feel it is in the best interest of the Association to do so.  No written or oral reasoning, explanation or documentation regarding such a decision will be provided unless the board so chooses to provide such reasoning.

(vi) Any member or officer that acts unilaterally and outside the majority rule of this Association to harm this Association's membership may be considered hostile to the goals of this Association.  Those actions may include causing, aiding or taking legal action against the Town, of which we are all taxpayers, subsequently financially burdening or devaluing fellow members and/or residents’ properties.  Doing so contravenes our Terms.  The board of directors and officers may elect, at any time and at their sole discretion, to deem any such member as hostile.  The board may also withdraw or block that person(s) membership (including future membership requests) or access or take legal action if they feel it is in the best interest of the Association to do so.  No written or oral reasoning, explanation or documentation regarding such a decision will be provided unless the board so chooses to provide such reasoning.

(10) Blog / Events / Polls / Forms This website is not to be used in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. The website is not to be used in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. This website is not to be used for any purposes related to marketing without the express written consent of the Sauble Beach Residential Property Owners Association Board. This website is not to be used to copy, publish or send mass mailings or spam. This website is not to be used to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under any applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory. Such material must not infringe any person's intellectual property rights or rights of confidence, infringe upon any person's privacy, or constitute incitement to commit a crime. Further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing. We reserve the right to edit or remove any material posted upon this website. We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or canceling your membership, restricting your access to the website, or commencing legal proceedings against you. With respect to any material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.

(11) Variation We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with and in compliance with the current version.

(12) Entire agreement These terms and conditions, together with our privacy policy, constitute the entire agreement between us in relation to your use of this website, its materials and your membership and supersede all previous agreements in respect to your use of those items.

(13) Law and jurisdiction This notice will be governed by and construed in accordance with Canadian law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of Canada.

(14) Canada's Anti Spam Laws By accepting these terms and conditions you agree that for now and in the future, the Sauble Beach Residential Property Owners Association, or any of its legally registered names, may send email correspondence to the email address you provided during registration, at any time the Association executive deems necessary. You may contact us or unsubscribe at your discretion as per information found on this site.

(15) Financial Audit Under the authority of section 96.1 of the Ontario Corporations Act R.S.O. 1990, CHAPTER C.38.  Since this Not-for-Profit Associations annual income is below $100,000 by accepting these terms, you hereby agree in writing that, except under special circumstances an annual financial audit is not required.

(16) Town Municipal Body If at any point a current member is elected or appointed to a governing body in the municipality responsible for directly overseeing the area encompassed by this Association, that membership shall be terminated immediately, so as not to be construed as a conflict of interest.  Reference Association Bylaw 7.03.

(17) Our contact details Please feel free to contact the Sauble Beach Property Owners Association at This email address is being protected from spambots. You need JavaScript enabled to view it.