Niguel Shores Community Association
Member’s Agreement to Receive Electronic Notices
By selecting the ‘I Agree’ button below, you, as a member of the Association and on behalf of any and all Association members, residents and/or tenants of your Lot, are agreeing to all of the following:
1. Notices Deemed to Satisfy Law and Governing Documents. You agree that the Association may deliver, via electronic communication, those notices and information that are permitted by the Association’s Governing Documents, laws or regulations to be provided to you (collectively ‘Notices’) electronically. You agree the Notices given pursuant to this Agreement satisfy any duty the Association has to give you such Notices. Those notices not permitted by the Association’s Governing Documents, laws or regulations to be provided to you electronically, will be sent to you via the means required by those provisions and/or sections of the Association’s Governing Documents, laws and regulations.
2. General Notices. As to Notices given to the Association’s membership generally, the Association may deliver those Notices it can send electronically by posting the Notice or a link to the Notice on the Association’s website, or by sending the Notice to the e-mail address that you provide to the Association.
3. Specific Notices. As to Notices specifically directed to you, the Association may deliver those Notices to you via e-mail at the address you provided to the Association.
4. Change of E-Mail Address. You agree to promptly notify the Association of any change in your e mail address. To notify the Association of a change in your e-mail address, re-submit the form at the bottom of this page.
5. Withdrawal of Consent. You may withdraw your consent to receive electronic Notices by sending the Association written notification of your withdrawal of your consent via certified mail, return receipt requested, mailed to the Association 33654 Niguel Shores Road, Monarch Beach, California 92629-4221.
Your withdrawal of your consent to receive electronic Notices will be effective five business days following the Association’s receipt of your written withdrawal.
6. Proof of Notices. You agree that a summary of the data in the Association’s electronic records, as certified by the Association’s network administrator, shall be accepted as valid proof of any Notices delivered to you.
7. Hardware and Software Requirements. In order to receive and retain Notices electronically, you must satisfy the hardware and software requirements detailed below. The Association will give you Notice of any changes to these hardware and software requirements if the proposed changes will adversely affect your ability to access, receive and retain subsequent electronic Notices.
The hardware and software requirements, which you must satisfy, at your own expense, are as follows:
- An Internet web browser;
- Access to the Internet through an Internet or other service provider;
- An e-mail account and e-mail software capable of receiving attachments up to 2 MB;
- A personal computer with at least 64 MB RAM, an operating system and all necessary telephone lines, Internet or other connections;
- Adobe Reader Version 6.0 or higher.
8. Right to Obtain Paper Copies. You have a right to receive paper copies of any electronic notice. The fee for any such copy is $0.25 per page. Copies of electronic notices may be obtained by writing to the Association 33654 Niguel Shores, Monarch Beach, California 92629-4221. If you withdraw your consent to receive Notices electronically, paper Notices will be mailed free of charge.
9. Member’s Responsibilities. You agree that you are responsible to regularly check the Association’s website and your e-mail for Notices from the Association. You agree that you are responsible for printing, storing, copying or otherwise keeping yourself informed of the content of all Notices.
10. Assumption of Risk. You acknowledge that e-mail is not necessarily secure against interception. To the extent any e-mail Notice sent to you contains any confidential or sensitive information, you agree to accept the risk of interception of and misuse of that information by third parties. You agree that the use of electronic Notices is solely at your own risk. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in, dissatisfaction with or misuse of electronic Notices is for you to withdraw your consent to receive electronic communications as described above.
11. Association Not Liable. You expressly understand and agree that the Association shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages resulting from the use or inability to use electronic communications, any loss of or delay in receipt of Notices, or any matter otherwise related to your agreement to receive electronic Notices.
12. Indemnification. You agree to defend, indemnify and hold the Association, its officers, directors, employees and agents, harmless from and against any claim, action or demand (‘Claim’), and any and all liabilities and settlements related thereto, including, without limitation, reasonable legal and accounting fees, resulting from, or allegedly resulting from, your use of electronic communications with the Association and/or receipt of electronic Notices from the Association.
13. Change of Terms/Entire Agreement. You agree that the Association may, from time to time, add or revise the terms or limitations concerning this Agreement to Receive Electronic Notices by posting any such changes on the Association’s website. If you do not consent to any such changes to this Agreement to Receive Electronic Notices, you must withdraw your consent to receive electronic communications as set forth above. Should you fail to withdraw your consent to receive electronic communications as set forth above, any changes made by the Association to the Agreement to Receive Electronic Notices shall be binding upon you seven days after posting said changes on the Association’s website. This Agreement, as it may be amended as provided herein, constitutes the entire agreement between you and the Association regarding your Agreement to receive electronic Notices. No officer, director, employee or agent of the Association is authorized to modify the terms of this Agreement to Receive Electronic Notices except as set forth above.
14. California Law/Venue. Any disputes between you and the Association regarding this Agreement shall be governed by the laws of the State of California, and venue with respect to any such dispute shall rest exclusively within the Orange County Superior Court, California.