Terms of Use

1. The Circle is unofficial

The Circle is a private neighbors’ board for residents of the 64 homes on Bellaria Circle, Windermere, Florida. It is not affiliated with, endorsed by, sponsored by, or an official channel of Bellaria Homeowners Association, Inc., its board of directors, officers, agents, or property manager (including Access Management / Sentry or any successor). Nothing posted here is an official HOA notice, meeting, vote, or record unless the Association separately publishes it through its own channels.

Links to third-party property-management portals are for convenience only. We do not control those sites and are not responsible for them.

2. Who may use it

You must be at least 18 years old and a resident or owner (or an adult household member they authorize) of a home on Bellaria Circle. Accounts are subject to admin approval. One household may have a limited number of seats. You will provide a true house number and family last name. Impersonation, fake addresses, or accounts for people outside the 64 homes are forbidden.

You are responsible for your login, password, and any activity under your account.

3. The Developer

“Developer” means, to the maximum extent permitted by law, every person and entity that designed, coded, hosted, published, maintained, or provided this application or its infrastructure, including without limitation the individual builder of the Circle, volunteers who operate the Admin desk, contractors, and providers of hosting, authentication, models, or related services (including but not limited to the Grok / xAI platform, Vercel or successor hosts, Google, and X to the extent they merely provide sign-in). You agree that the Developer is an intended third-party beneficiary of the limitation of liability, disclaimer, release, and indemnification in these Terms and may enforce them.

4. No professional advice

Ask, answers that cite governing documents, Florida statutes, or any other text on the Circle are for general neighbor information only. They can be incomplete or wrong. They are not legal, engineering, insurance, tax, or other professional advice, and they are not a statement of the Association or its board. For anything that affects your rights as an owner, read the recorded documents yourself and consult a licensed Florida attorney or other qualified professional.

5. Your content

You retain ownership of what you post. You grant the Circle a non-exclusive, worldwide, royalty-free license to host, display, and store that content so the Circle can operate. You represent that you have the right to post it and that it does not violate law or others’ rights.

Do not post illegal content, harassment, threats, doxxing, pornography, malware, or anything that infringes intellectual property. The admin may hide or delete posts and suspend accounts. We have no duty to monitor, and we are not liable for what neighbors post.

6. Privacy

Use of the Circle is also governed by the Privacy Policy. Household details (including house number and family name) are visible to the admin and, as described in that policy, to neighbors as needed for a private street directory. Do not post information you are not willing to share with this community.

7. AS IS — no warranties

THE CIRCLE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER AND THE OPERATOR DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. We do not warrant that the Circle will be uninterrupted, secure, or error-free, that content is accurate, or that it will meet your needs. Outages, data loss, and mistakes will happen.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER, THE OPERATOR, THE MANAGER, AND THEIR OFFICERS, VOLUNTEERS, CONTRACTORS, AND PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE CIRCLE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE DEVELOPER AND THE OPERATOR FOR ALL CLAIMS IN THE AGGREGATE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID TO USE THE CIRCLE IN THE TWELVE MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER. IF YOU PAID NOTHING, LIABILITY IS LIMITED TO US $0 TO THE FULLEST EXTENT THE LAW ALLOWS.

Some jurisdictions do not allow certain limitations. In those places, the limitation applies to the fullest extent permitted. Nothing in these Terms excludes liability that cannot legally be excluded (including, where applicable, liability for death or personal injury caused by gross negligence or willful misconduct).

9. Release

You release the Developer and the operator from all claims, demands, and damages of every kind arising out of disputes with other members, the Association, the property manager, or third parties, or arising out of your use of the Circle, to the fullest extent allowed by Florida law, including Florida Statutes § 768.31 to the extent it applies to joint tortfeasors. This release includes unknown claims. You waive any protection of California Civil Code § 1542 or similar laws to the extent those laws could otherwise apply.

10. Indemnification of the Developer

You will defend, indemnify, and hold harmless the Developer, the operator of the Circle, the admin, and each of their officers, directors, members, volunteers, employees, contractors, successors, and assigns (the “Indemnified Parties”) from and against any and all claims, demands, actions, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (a) your use of the Circle; (b) your content; (c) your breach of these Terms or of law; (d) your dispute with another member, the Association, or a third party; or (e) any claim that the Developer or operator is liable for neighbors’ speech, HOA decisions, or property-management acts.

This indemnity is intended to be as broad and inclusive as Florida law permits. The Indemnified Parties may assume exclusive defense of a claim at your expense. You will not settle a claim that imposes any obligation on an Indemnified Party without that party’s prior written consent.

11. Suspension and ending the Circle

We may suspend or delete accounts, remove content, or stop operating the Circle at any time, with or without notice, for any reason or no reason. You may stop using it at any time. Sections that by their nature should survive (including 3–10, 12–14) survive termination.

12. Florida law and venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Exclusive venue for any dispute that a court may hear is the state or federal courts sitting in Orange County, Florida, and you consent to personal jurisdiction there. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION to the fullest extent the law allows. You must bring any claim within one (1) year after it accrues, or it is permanently barred, except where a longer period cannot legally be shortened.

13. Changes

We may update these Terms. The effective date at the top will change. Continued use after an update is acceptance of the new Terms. If you do not agree, stop using the Circle.

14. General

These Terms and the Privacy Policy are the entire agreement between you and the operator about the Circle. If a court finds a part unenforceable, the rest remains in force, and the invalid part is modified to the minimum extent needed to make it valid. Our failure to enforce a term is not a waiver. You may not assign these Terms. Headings are for convenience only. These Terms bind your heirs and successors. Electronic acceptance (including a checked box) is valid under the Florida Electronic Signature Act and the federal E-SIGN Act.