Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") govern your use of the Harvard Commons HOA resident website (the "Site"), operated by the Harvard Commons Homeowners Association (the "Association," "we," "us"). By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

2. Who may use the Site

The Site is intended for owners and residents of properties within the Harvard Commons community, and for individuals the Association has otherwise authorized, such as board members, property managers, and vendors acting on the Association's behalf.

Certain areas of the Site require an account and are limited to current members in good standing. You agree that you will not share your login credentials, allow another person to access the Site using your account, or attempt to access areas of the Site you are not authorized to use.

You are responsible for activity that occurs under your account. If you believe your account has been accessed without your permission, notify the board promptly using the contact information below.

3. The Site is informational; governing documents control

This is the single most important thing to understand about the Site.

Content on the Site — including documents, calendar entries, announcements, notices, and summaries of rules or policies — is provided for convenience and general information. It is not a substitute for the Association's recorded Declaration, Bylaws, Articles of Incorporation, or duly adopted Rules and Regulations.

Where the Site conflicts with those governing documents, or with applicable Colorado law, the governing documents and applicable law control. The Association makes no guarantee that every posted document is the most recently amended version. If you are relying on a document for a legal, financial, or real-estate purpose — a sale, refinance, dispute, or architectural request — request the official version from the board rather than relying on the copy posted here.

4. Assessments and payments

The Site provides a link to a payment page hosted by Stripe, our third-party payment processor. Payments are made by ACH bank transfer.

Please note the following:

• The Association does not process or store your bank account information. Payment details are entered on Stripe's own pages and are handled under Stripe's terms and privacy policy.
• ACH transfers are not instantaneous. They typically take three to five business days to clear. A payment initiated on or near a due date may not post before that date.
• Submitting a payment through the Site does not by itself satisfy your obligations. A payment that is returned, reversed, or fails for any reason remains outstanding, and any late fees, interest, or remedies provided for in the governing documents or Colorado law continue to apply.
• You are responsible for selecting the correct property address at checkout. Payments are credited to the property identified at the time of payment. Selecting the wrong address may delay proper crediting of your account.
• The Association is not responsible for fees your own financial institution may charge, including overdraft or returned-item fees.

Questions about your balance, credits, or payment history should be directed to the board, not to Stripe.

5. Acceptable use

When using the Site, you agree not to:

• Use the Site for any unlawful purpose, or in violation of the governing documents;
• Submit content that is harassing, threatening, defamatory, obscene, or that discloses another resident's private information without consent;
• Attempt to gain unauthorized access to the Site, other users' accounts, or any underlying systems;
• Interfere with or disrupt the Site, including by introducing malicious code or placing unreasonable load on it;
• Scrape, harvest, or redistribute resident information, documents, or contact details, including for commercial or political solicitation;
• Misrepresent your identity or your relationship to the Association.

The Association may suspend or revoke Site access for conduct that violates these Terms. Loss of Site access does not affect your rights or obligations as an owner under the governing documents.

6. Content you submit

The Site may allow you to submit messages, support requests, or other content. You are responsible for what you submit, and you represent that you have the right to submit it.

By submitting content, you grant the Association permission to use it for the purpose of operating the community and responding to your request. Messages to the board may be reviewed by board members and, where relevant, shared with the Association's management, counsel, or vendors. Do not use the Site to transmit sensitive personal information such as Social Security numbers or financial account credentials.

7. Third-party services and links

The Site relies on services operated by third parties, including Stripe for payments and Google for calendar data and web fonts. It may also link to external websites. The Association does not control these services, is not responsible for their content or practices, and their inclusion is not an endorsement. Your use of a third-party service is governed by that provider's own terms.

8. Availability

The Site is provided on a best-effort basis by a volunteer board. It may be unavailable at times due to maintenance, hosting issues, or circumstances outside our control. The Association does not guarantee uninterrupted availability, and Site downtime does not extend any deadline established by the governing documents or Colorado law.

9. Disclaimer of warranties

The Site and its contents are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. The Association does not warrant that the Site will be error-free, secure, or continuously available, or that information posted on it is complete or current.

10. Limitation of liability

To the fullest extent permitted by Colorado law, the Association, its board members, officers, committee members, volunteers, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost data or lost opportunity, arising out of or relating to your use of the Site — even if advised of the possibility of such damages.

Nothing in these Terms limits any liability that cannot lawfully be limited, or alters rights and obligations established by the governing documents or by Colorado law, including the Colorado Common Interest Ownership Act.

11. Changes to these Terms

The Association may update these Terms from time to time. The "Last updated" date at the top of this page will reflect any change. Material changes will be communicated through the Site or by the Association's usual means of notice. Continuing to use the Site after a change takes effect means you accept the revised Terms.

12. Governing law

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules. Any dispute relating to the Site will be brought in the state or federal courts serving the county in which the community is located, and you consent to that venue.

13. Severability

If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full force.

14. Contact

Questions about these Terms may be directed to the board at harvard.commons.hoa.board@gmail.com, or through the Contact page.