Terms of Use: La Misión Property Owners’ Association (LMPOA)
1. Welcome & Agreement to Terms
Welcome to the official website and member portal of the La Misión Property Owners’ Association (the “Site”).
By accessing or using this Site, including browsing any public area or logging into the member “User Pages” (the “Portal”), you are entering into a legally binding agreement with LMPOA and agree to abide by these Terms of Use (the “Terms”), as well as our Privacy Policy. If you do not agree with any of these Terms, you must not use the Site.
2. Purpose and Scope
Our Goal: This Site serves as the primary informational and communication hub for LMPOA residents and associates. It is intended to facilitate community governance, provide access to official documents, and inform the community regarding operations.
Public Area: Open to the general public for basic information.
User Pages (Portal): Restricted to registered LMPOA members and authorized users, providing access to proprietary and sensitive association materials.
3. Governing Law and Jurisdiction (Important Notice)
This section is governed by the Association’s current legal status and must be strictly adhered to:
Current Governing Law: The LMPOA is currently registered in the United States of America. Therefore, these Terms, the relationship between you and the Association, and any disputes arising from your use of the Site shall be governed by the laws of the State of California and applicable U.S. Federal Law, without regard to conflicts of law principles.
Pending Change: You acknowledge that the Association is engaged in a formal process to transfer its legal governance to the Municipality of Rosarito, Baja California, Mexico. You agree that the Association has the right to amend these Terms unilaterally (as per Section 10) to reflect this legal change, at which point the governing law will immediately shift to Mexican Federal and Municipal law as required. Your continued use of the Site after such notice constitutes your acceptance of the new jurisdiction.
4. Use of the Portal and Account Security
Authorized Users Only: Access to the User Pages (Portal) is restricted to officially designated LMPOA members or approved associates.
Security: You are responsible for maintaining the confidentiality of your username and password. You agree to notify the Association immediately of any unauthorized use of your account. The Association is not liable for any loss or damage arising from your failure to protect your login credentials.
Accuracy: You warrant that all information you provide for registration is truthful and accurate.
5. User-Generated Content (UGC) and Conduct
Future Policy: You acknowledge that the Association intends to implement features allowing users to post content (comments, forum discussions). The following rules apply once those features are active:
Permitted Content: All UGC must be directly relevant to the LMPOA community, governance, or operations.
Prohibited Content: You agree not to post, upload, or transmit any content that is:
Illegal, libelous, defamatory, or threatening.
Harassing, abusive, or harmful to minors.
Infringing on any copyright, trademark, or intellectual property rights.
Commercial advertising or spam, unless explicitly authorized by the Board.
Moderation Policy: You acknowledge that the Association intends to employ a hybrid moderation system where content will be pre-screened (reviewed before publication) and subject to post-moderation (reviewed after publication). The Association reserves the right, but not the obligation, to reject, remove, or modify any content at its sole discretion, with or without notice.
License: By submitting any UGC, you grant the LMPOA a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display the content in connection with the operation of the Site and the Association.
6. Intellectual Property
All content on the Site, including text, graphics, logos, and official documents (excluding UGC), is the property of LMPOA or its licensors and is protected by applicable U.S. and Mexican copyright and trademark laws. You may download, print, and view documents for personal, non-commercial LMPOA business only. Any other use requires explicit written permission from the Board.
7. Financial Transactions
The Site does not currently process or link to any financial transactions for dues or assessments. Should the LMPOA introduce online payment features in the future, these Terms will be immediately amended to include specific provisions regarding payment terms, liability, and security.
8. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE LMPOA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
9. Limitation of Liability and Indemnification
Limitation of Liability: In no event shall the LMPOA, its Board, officers, agents, or affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Site or these Terms, whether based on contract, tort, strict liability, or otherwise.
Indemnification: You agree to defend, indemnify, and hold harmless the LMPOA from and against any and all claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms or your use of the Site.
10. Changes to the Terms
The LMPOA reserves the right to modify or replace these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site or through other reasonable means. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
11. Contact Information
If you have questions about these Terms, please contact the LMPOA Board or management directly.