Your Engagement Signifies Your Binding Agreement

Welcome to the Hartsville Pine Acres Civic Association (HPACA). These comprehensive Terms and Conditions of Use constitute a legally binding agreement entered into between you, whether personally or on behalf of an entity, (referred to herein as “You,” “User,” or “Participant”) and the Hartsville Pine Acres Civic Association (referred to herein as “HPACA,” “the Association,” “we,” “us,” or “our”), regarding your use, engagement, and access to all HPACA official services, programs, physical facilities (including the center at 1023 NANDINA STREET, HARTSVILLE, SC 29550-3933), and digital platforms, including the official website, communication channels (such as info@hpaca.site), and all associated mobile applications or communication tools utilized for community organization and civic service delivery.

By actively utilizing any part of our services, registering for formal membership, enrolling in any of our youth or adult programs, volunteering for community initiatives, or accessing our official website, you expressly acknowledge that you have read, clearly understood, and irrevocably agree to be unconditionally bound by all of these Terms and Conditions. This agreement is effective immediately upon your first interaction or registration with the Association. If you do not fully agree with all of these Terms and Conditions, you are expressly prohibited from using our services, engaging in our programs, registering as a member, or accessing our physical facilities, and you must immediately discontinue all usage. We reserve the absolute legal right, in our sole and absolute discretion, to modify, amend, or change these Terms and Conditions at any time and for any reason, with revised versions becoming effective immediately upon posting on our official website. It is your sole responsibility to regularly review these Terms to stay informed of updates. Your continued use of the services following the posting of any changes constitutes your formal acceptance of those revised terms.

2. Membership, Participation, and Program Enrollment

Governing Your Status within the Association

These clauses specifically govern the rights, responsibilities, and conditions applicable to all formal members, enrolled program participants (including parents/guardians of minors), and dedicated volunteers engaged with the Hartsville Pine Acres Civic Association.

2.1. Membership Eligibility and Dues

Formal membership in the Hartsville Pine Acres Civic Association is explicitly open to all individuals who currently reside or own property within the officially recognized geographical boundaries of the Hartsville Pine Acres neighborhood. The Association reserves the absolute right to verify residency or property ownership before granting formal membership status, which includes full voting privileges and eligibility to serve on the Executive Board or as a committee chair. All members are required to pay annual membership dues, the amount of which is subject to periodic review and adjustment by the elected Executive Board. Failure to remit annual dues within a specified grace period will result in the immediate and automatic suspension or termination of membership and all associated privileges, including the loss of voting rights and access to member-exclusive resources or discounts. Membership dues are non-refundable, except in cases where membership is denied by the Association for failure to meet eligibility criteria, in which case a full refund will be processed within thirty (30) days of the denial decision being formally communicated.

2.2. Program Enrollment and Conduct

Participation in any HPACA program, including youth tutoring, adult workshops, or community events, is subject to successful, timely enrollment and adherence to specific program-level guidelines, codes of conduct, and safety protocols established by the Program Coordinator or Executive Board. Enrollment may require the submission of detailed personal information, medical history (for safety purposes), and emergency contact information. For all minors participating in youth programs, the legal parent or guardian must sign an explicit Release of Liability and Consent Form prior to the child’s participation, acknowledging the inherent risks of program activity and granting the Association necessary permissions. The Association reserves the absolute right to immediately suspend or permanently terminate the enrollment or participation of any individual, including members or volunteers, whose conduct is determined, in the sole judgment of the Executive Board or supervising staff, to be disruptive, abusive, dangerous, or detrimental to the welfare, safety, or positive mission of the program, the physical facility at 1023 NANDINA STREET, HARTSVILLE, SC 29550-3933, or any other participant or staff member. No refunds will be issued for participation fees lost due to termination resulting from misconduct.

2.3. Volunteer Responsibilities and Background Checks

Individuals wishing to serve as dedicated volunteers must complete a formal application process. HPACA explicitly reserves the right to conduct comprehensive background checks (including criminal history checks) on all applicants, especially those whose volunteer role involves direct, unsupervised contact with children, vulnerable populations, or requires the handling of sensitive financial or organizational data. By submitting a volunteer application, you explicitly consent to these necessary background checks. Volunteers must diligently adhere to the specific duties assigned by the Volunteer Coordinator (Jessica Owens or successor) and must always comply with the HPACA Volunteer Code of Conduct, which includes strict rules regarding confidentiality, professional boundaries, and appropriate interaction with participants and other residents. HPACA makes no guarantee of minimum hours, specific duties, or the continuation of any volunteer role, and the Association may terminate a volunteer’s engagement at any time, for any reason, or no reason at all, at its sole discretion, ensuring the continuous safety and effective operation of all programs.

3. Financial Transactions, Donations, and Refunds

Clear Stipulations for Monetary Interactions

This section defines the legal terms governing all financial interactions between you and the Hartsville Pine Acres Civic Association.

3.1. Donations and Financial Contributions

All financial contributions, donations, or gifts provided to the Hartsville Pine Acres Civic Association are considered unrestricted gifts unless explicitly earmarked by the donor for a specific, pre-approved program or project fund maintained by the Association. HPACA reserves the full legal right to utilize all unrestricted donations for any purpose that, in the sole judgment of the Executive Board and Treasurer (Marcus ‘Mac’ Allen or successor), best supports the immediate and long-term operational needs and core mission of the organization. All donations are final and non-refundable once processed. While HPACA strives for accuracy in all online processing, in the event of a technical error leading to an incorrect charge, the donor must notify the Treasurer immediately via info@hpaca.site with detailed proof of the error, and HPACA will diligently work to reverse the erroneous charge or issue a refund for the excess amount within a commercially reasonable timeframe, ensuring fiscal integrity and prompt resolution.

3.2. Fees and Payments

Any fees charged for programs, workshops, facility rentals, or specific services are explicitly listed at the time of enrollment or booking and must be paid in full by the due date specified. HPACA reserves the right to suspend access to the program or service until all outstanding fees are remitted. All payments made for services rendered, membership dues, or program participation are typically non-refundable, except as explicitly provided otherwise in the specific program’s enrollment terms (e.g., in the event of program cancellation by HPACA). In cases where a refund is deemed appropriate and approved by the Treasurer, HPACA will process the refund to the original payment method within thirty (30) business days.

4. Digital Property and Website Usage

Conditions for Accessing Our Online Platforms

This section covers your use of the HPACA website and all associated digital and communication tools.

4.1. Intellectual Property Rights

Unless otherwise explicitly indicated, the entire HPACA website, all digital content, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”), are the exclusive, proprietary property of the Hartsville Pine Acres Civic Association or are licensed to us, and are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. No part of the Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. HPACA grants you a limited, non-exclusive, non-transferable, revocable license to access and use the site solely for your personal, non-commercial use in connection with your civic activities and relationship with the Association, strictly subject to these Terms and Conditions.

4.2. User Conduct and Prohibited Activities

As a user of HPACA’s website and services, you explicitly agree not to:

• Systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without express written permission from us.
• Make any unauthorized use of the services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email (info@hpaca.site is strictly reserved for official communication), or creating user accounts by automated means or under false pretenses.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Engage in unauthorized framing of or linking to the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Harass, abuse, or threaten any of our employees, agents, or other users.

4.3. Digital Communication Consent

By providing your email address (including the use of info@hpaca.site for inquiries), you explicitly consent to receive electronic communications from the Hartsville Pine Acres Civic Association regarding official notices, public safety alerts, meeting minutes, and program updates. You acknowledge and agree that any agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. Your right to opt out of non-essential electronic communications is governed by our Privacy Policy, but this right does not extend to essential, administrative, or safety-related electronic notices.

5. Disclaimers, Indemnification, and Limitation of Liability

Defining Legal Responsibility and Risk

This section is vital as it limits HPACA’s liability regarding your use of our services and participation in our activities.

5.1. Disclaimers of Warranties

The Hartsville Pine Acres Civic Association provides its services, programs, physical facilities, and website access strictly on an “AS-IS” and “AS-AVAILABLE” basis. You agree that your use of the services will be at your sole, absolute, and personal risk. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make absolutely no warranties or representations about the accuracy, completeness, or reliability of the Content or the content of any websites linked to the Site, and we assume no liability or responsibility for any:

• Errors, mistakes, or inaccuracies of Content and materials.
• Personal injury or property damage, of any nature whatsoever, resulting from your access to and participation in our physical facilities, programs, or use of the services at the community center located at 1023 NANDINA STREET, HARTSVILLE, SC 29550-3933.
• Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
• Any interruption or cessation of transmission to or from the services.
• Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the services by any third party.

5.2. Limitation of Liability

In no event will the Hartsville Pine Acres Civic Association, its Executive Board members, officers, staff, employees, or volunteers be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services or participation in any program, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HPACA’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising, or the sum of $100.00 USD. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

5.3. Indemnification

You explicitly agree to defend, fully indemnify, and permanently hold harmless the Hartsville Pine Acres Civic Association, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, committee chairs, staff, and employees, from and against any and all loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• Your use of the services.
• Your breach of these Terms and Conditions.
• Your participation in any HPACA-sponsored event or program, including any personal injury or property damage caused by your negligence or willful misconduct.
• Any breach of your representations and warranties set forth in these Terms.
• Your violation of the rights of any third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you explicitly agree to cooperate, at your expense, with our defense of such claims.

6. General Provisions and Governing Law

Formalizing the Legal Framework

6.1. Governing Law

These Terms and Conditions and your use of the services are governed by and construed in accordance with the laws of the State of South Carolina, applicable to agreements made and to be entirely performed within the State of South Carolina, without regard to its conflict of law principles. All disputes arising from or relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Hartsville, South Carolina.

6.2. Dispute Resolution

Any legal controversy or claim arising from or relating to these Terms, the Privacy Policy, or the services (excluding those claims expressly excluded below) shall be settled through binding arbitration. You and the Association explicitly agree that any arbitration shall be limited to the Dispute between us individually. To the full extent permitted by law, no arbitration or legal proceeding shall be joined with any other proceeding, shall have no right or authority for any Dispute to be brought in a class action format, and shall have no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or any other persons.

6.3. Termination

These Terms and Conditions shall remain in full force and effect while you use the services or are an active member/volunteer. HPACA reserves the right to, in its sole discretion and without prior notice or liability, deny access to and use of the services, including blocking certain IP addresses, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or any applicable law or regulation. If we terminate or suspend your membership or access for any reason, you are expressly prohibited from registering and creating new membership accounts under your name, a fake name, or the name of any third party.

6.4. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any rules or policies posted by us on the Site, or provided to you in writing regarding the services, constitute the entire agreement and understanding between you and the Hartsville Pine Acres Civic Association. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.

6.5. Contact Information

If you have any questions, concerns, or wish to report a violation of these Terms and Conditions, please contact the HPACA Executive Board directly:

• Email for Formal Inquiry: info@hpaca.site
• Mailing Address: Hartsville Pine Acres Civic Association, 1023 NANDINA STREET, HARTSVILLE, SC 29550-3933

Your cooperation in adhering to these comprehensive Terms and Conditions is essential for maintaining the safety, professionalism, integrity, and positive operational environment of the Hartsville Pine Acres Civic Association.