Wexford Covenant Amendments

A resident-led effort in support of the proposed covenant amendments — not the official website of the Wexford Homeowners Association.

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Terms of Service

Effective: 2026-05-08

These Terms of Service (the “Terms”) govern your access to and use of Wexford Covenant Amendments(the “Site”), a resident-led resource supporting the proposed amendments to the Wexford Covenants, available at the domain on which you accessed this page. This Site is not the official website of the Wexford Homeowners Association and is not operated by the Association or its Board. By creating an account or otherwise using the Site, you agree to these Terms. If you do not agree, do not use the Site.

1. Definitions

  • Association means the Wexford Homeowners Association, Inc., a North Carolina nonprofit corporation governing the Wexford planned community in Durham County, North Carolina. This Site is independent of, and not operated by, the Association.
  • Organizers means the Wexford residents who create and maintain this Site to support the proposed covenant amendments.
  • User, you, and your mean any person who accesses the Site.
  • Content means any text, image, document, vote, response, comment, or other material posted to or transmitted through the Site.

2. Volunteer Service Acknowledgment

The Site is provided by the Organizers as an unpaid, good-faith community effort. The Organizers receive no compensation and maintain the Site on a volunteer basis. You acknowledge that the Organizers are volunteers 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 an optional way to participate in this resident-led effort; they are not official Association membership and confer no status with the Association or its 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 to receive campaign-related notices from the Organizers at that address until you withdraw consent in writing.

4. Acceptable Use

You agree not to use the Site 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 resident, the Organizers, the Association, or its Board;
  • solicit goods or services from other residents through the Site;
  • probe, scan, or attempt to bypass the Site’s security, authentication, rate limiting, or content moderation;
  • submit responses on behalf of another resident or otherwise circumvent one-response-per-person rules; or
  • use the Site in any manner that violates applicable law or the Association’s governing documents.

The Organizers 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 Organizers a non-exclusive, royalty-free, worldwide license to host, store, display, reproduce, and distribute that Content for the limited purpose of operating the Site and advancing this resident-led effort. 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 Organizers. Pursuant to 47 U.S.C. § 230, the Organizers are not the publisher or speaker of User-submitted Content. The Organizers may moderate, remove, or refuse to publish any Content at their discretion, but have no obligation to do so.

6. Straw Polls and Expressions of Support

The Site may host informal straw polls and expressions of support for the proposed covenant amendments. These are not official Association votes or elections. All tallies displayed on the Site are preliminary, advisory, and non-binding. Only the Board, the Board’s designated inspector of elections, or another officer authorized by the Association’s Bylaws can certify a binding decision, following the procedures set forth in those Bylaws and the Association’s Declaration of Covenants, Conditions, and Restrictions (the “Declaration”) and applicable North Carolina law (including N.C. Gen. Stat. Chapter 47F).

Your participation on the Site 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 Site — including the Declaration, the Bylaws, recorded amendments, and proposed amendment text — 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 Site.

8. Service Availability

The Site is provided on an as-available basis. The Organizers do not guarantee uptime, response time, or freedom from defects. Because the Site hosts only informal, non-binding straw polls, any downtime has no effect on official Association votes, elections, or other governance activities, which are conducted separately by the Board in accordance with the governing documents.

9. Email Delivery

The Site 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 campaign notices. These campaign notices are separate from, and are not a substitute for, any official notice the Association is required to send under N.C. Gen. Stat. § 47F-3-108 and the governing documents.

10. Intellectual Property

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

11. Disclaimer of Warranties

The site, 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 organizers do not warrant that the site 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, the organizers (and any resident volunteer who helps maintain the site) shall not 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 site, even if advised of the possibility of such damages. The total aggregate liability of the organizers to you for all claims arising out of or relating to the site shall not exceed one hundred united states dollars (USD $100) or the amount you have paid to use the site (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 Organizers and any resident volunteer who helps maintain the Site 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 Site, (c) your violation of these Terms, or (d) your violation of any third party’s rights. The Organizers may, at their option, assume the exclusive defense and control of any matter for which you have agreed to indemnify; you will cooperate with that defense.

14. Termination

The Organizers may suspend or terminate your access to the Site at any time, with or without notice, for any violation of these Terms. You may delete your account at any time by following the procedure described on the Site or by contacting the Organizers. 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 Organizers may modify these Terms from time to time. The Effective date at the top of this page reflects the most recent revision. The Site will notify you of material changes by email and by displaying a re-acceptance prompt at next sign-in. Your continued use of the Site 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 Site.

16. Dispute Resolution

Disputes about Site-related matters.Any dispute arising out of or relating to these Terms or your use of the Site — for example, claims about service availability, account access, or use of Site features — will first be addressed through good-faith mediation between you and the Organizers. 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 between the homeowner and the Association, 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 Site 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 Organizers in exercising any right under these Terms is a waiver of that right.

Force majeure. The Organizers are not 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 Organizers regarding the Site 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 Site-related matters, contact the Organizers through the contact information posted on the Site.