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Terms of Service

Effective: 2026-05-08

These Terms of Service (the “Terms”) govern your access to and use of the Wexford Homeowners Association communication and governance platform (the “Platform”), available at the domain on which you accessed this page. By creating an account or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

1. Definitions

  • Association means the Wexford Homeowners Association, Inc., a North Carolina nonprofit corporation governing the Wexford planned community in Durham County, North Carolina.
  • Boardmeans the Association’s elected Board of Directors.
  • Operator means the Association acting through its Board-designated technology volunteer.
  • User, you, and your mean a Wexford homeowner or other person authorized by the Board to access the Platform.
  • Content means any text, image, document, vote, response, comment, or other material posted to or transmitted through the Platform.

2. Volunteer Service Acknowledgment

The Platform is provided by the Association as a community service and is operated by an unpaid homeowner-volunteer designated by the Board. The Operator receives no compensation, performs services in good faith for the benefit of the Association, and is acting within the scope of responsibilities formally delegated by the Board. You acknowledge that the Operator is a volunteer and that protections available to volunteers under federal law (including but not limited to 42 U.S.C. § 14501 et seq., the Volunteer Protection Act of 1997) and applicable North Carolina law apply to their service.

3. Eligibility & Account Creation

Accounts are intended for verified Wexford homeowners and other persons authorized by the Board. You must provide accurate information when creating an account, keep your account credentials confidential, and promptly update your account if your contact information changes. You may have only one account. By creating an account and providing an electronic mail address, you consent in writing under N.C. Gen. Stat. § 47F-3-108 to receive Association notices at that address until you withdraw consent in writing.

4. Acceptable Use

You agree not to use the Platform to:

  • post defamatory, threatening, harassing, or hateful content;
  • publish another person’s personal information (lot number combined with name, home address, phone number, or other identifying information) without their consent;
  • impersonate another homeowner, the Board, or the Operator;
  • solicit goods or services from other homeowners except through channels the Board specifically designates for that purpose;
  • probe, scan, or attempt to bypass the Platform’s security, authentication, rate limiting, or content moderation;
  • submit votes or governance responses on behalf of another homeowner or otherwise circumvent one-vote-per-person rules; or
  • use the Platform in any manner that violates applicable law or the Association’s governing documents.

The Operator and the Board may suspend or terminate access for any User who violates this Section, with or without prior notice.

5. User-Generated Content

You retain ownership of Content you submit. By submitting Content you grant the Association and the Operator a non-exclusive, royalty-free, worldwide license to host, store, display, reproduce, and distribute that Content for the limited purpose of operating the Platform and conducting Association business. You represent and warrant that you own or have the necessary rights to the Content you submit and that the Content does not violate any third party’s rights.

Content posted by Users reflects the views of those Users and not of the Association or the Operator. Pursuant to 47 U.S.C. § 230, the Association and the Operator are not the publisher or speaker of User-submitted Content. The Operator may moderate, remove, or refuse to publish any Content at the Operator’s or the Board’s discretion, but has no obligation to do so.

6. Voting and Governance Decisions

The Platform may host polls, amendment votes, and other governance activities. Unless a specific vote has been authorized by Board resolution to be binding under the Association’s governing documents and applicable North Carolina law (including N.C. Gen. Stat. Chapter 47F), all tallies displayed on the Platform are preliminary and advisory only. Final certification of any binding decision is performed by the Board, the Board’s designated inspector of elections, or another officer authorized by the Association’s Bylaws, following the procedures set forth in those Bylaws and the Association’s Declaration of Covenants, Conditions, and Restrictions (the “Declaration”).

Your participation on the Platform does not waive any right you have under the governing documents to demand an in-person meeting, written ballot, or other procedure required by those documents or by applicable law.

7. Document Accuracy

Documents posted on the Platform — including the Declaration, the Bylaws, recorded amendments, and minutes — are reproduced for your convenience. The recorded version filed with the Durham County Register of Deeds (or the controlling official record, as applicable) governs in any conflict with the version posted on the Platform.

8. Service Availability

The Platform is provided on an as-available basis. The Operator does not guarantee uptime, response time, or freedom from defects. Scheduled or unscheduled downtime during a vote or other Association activity does not, by itself, invalidate that activity; the Board determines, in its discretion and in accordance with the governing documents, what effect any downtime has on a particular activity.

9. Email Delivery

The Platform sends email notices through a third-party delivery service. Delivery to your email provider is not guaranteed. You are responsible for maintaining a current, functional email address on your account and for monitoring that address for Association notices. If electronic delivery fails, the Association may rely on the backup notice procedures set forth in N.C. Gen. Stat. § 47F-3-108 and the governing documents.

10. Intellectual Property

The Platform’s design, code, and assets (other than User Content) are owned by the Operator or the Association. No rights are granted to you in those materials except for the limited right to use the Platform as contemplated by these Terms.

11. Disclaimer of Warranties

The platform, including all content, software, and services provided through it, is provided on an “as is” and “as available” basis without warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and quiet enjoyment. The association and the operator do not warrant that the platform will be uninterrupted, secure, error-free, or free from harmful components. To the maximum extent permitted by N.C. Gen. Stat. § 25-2-316 and other applicable law, all such warranties are excluded.

12. Limitation of Liability

To the maximum extent permitted by law, neither the association nor the operator (nor any of the association’s officers, directors, members, employees, contractors, or volunteers) shall be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of the platform, even if advised of the possibility of such damages. The total aggregate liability of the association and the operator to you for all claims arising out of or relating to the platform shall not exceed one hundred united states dollars (USD $100) or the amount you have paid to use the platform (which is generally zero), whichever is greater. Nothing in this section limits liability for gross negligence, willful misconduct, fraud, or any other liability that cannot be limited under applicable law.

13. Indemnification

You will indemnify, defend, and hold harmless the Association, the Operator, and their respective officers, directors, members, employees, contractors, volunteers, and agents from and against any claim, demand, suit, loss, liability, damage, expense, or cost (including reasonable attorneys’ fees) arising out of or relating to (a) your Content, (b) your use of the Platform, (c) your violation of these Terms, or (d) your violation of any third party’s rights. The Association may, at its option, assume the exclusive defense and control of any matter for which you have agreed to indemnify; you will cooperate with the Association’s defense.

14. Termination

The Operator may suspend or terminate your access to the Platform at any time, with or without notice, for any violation of these Terms or at the direction of the Board. You may delete your account at any time by following the procedure described on the Platform or by contacting the Operator. Sections that by their nature should survive termination — including Sections 5 (User-Generated Content), 7 (Document Accuracy), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 16 (Dispute Resolution), and 17 (Governing Law) — will survive termination.

15. Modification of Terms

The Operator may modify these Terms from time to time. The Effective date at the top of this page reflects the most recent revision. The Platform will notify you of material changes by email and by displaying a re-acceptance prompt at next sign-in. Your continued use of the Platform after a modification becomes effective constitutes acceptance of the revised Terms. If you do not agree to a modification, your sole remedy is to stop using the Platform.

16. Dispute Resolution

Disputes about platform-related matters.Any dispute arising out of or relating to these Terms or your use of the Platform — for example, claims about service availability, account access, or use of Platform features — will first be addressed through good-faith mediation between you and the Association. If mediation fails after a reasonable period (not less than thirty (30) days from the date a written demand for mediation is delivered), either party may pursue the dispute in the state or federal courts located in Durham County, North Carolina, in accordance with Section 17.

Carve-out for governance disputes. Nothing in this Section prevents you, the Association, or any other party from pursuing a challenge to the validity of any Association vote, election, covenant enforcement action, or other governance matter under the procedures set forth in N.C. Gen. Stat. Chapter 47F, the Declaration, the Bylaws, or other applicable law. Such governance disputes are not subject to the mediation-first requirement above and are not subject to any class-action waiver.

17. Governing Law and Venue

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. The exclusive venue for any action arising out of or relating to the Platform is the state and federal courts located in Durham County, North Carolina.

18. Miscellaneous

Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

Waiver. No failure or delay by the Association or the Operator in exercising any right under these Terms is a waiver of that right.

Force majeure. Neither the Association nor the Operator is liable for any delay or failure in performance caused by an event beyond their reasonable control, including but not limited to power, network, hosting, email, or infrastructure outages.

Entire agreement. These Terms, together with the Privacy Policy and the Community Guidelines, constitute the entire agreement between you and the Association regarding the Platform and supersede any prior agreements on the same subject matter.

19. Contact

For questions about these Terms, account access, copyright takedown notices under 17 U.S.C. § 512 (DMCA), or other Platform-related matters, contact the Association through the contact information posted on the Platform.