Board President
Ellen Herman

Mike Adler

Barry Bendes

Vice Presidents
Debi Feinman
Gary Melnick

Board Committees

  • Finance / Technology
  • Governance
  • Personnel Practices

Unit Owner Committees

  • Community Outreach
  • House / Grounds / Landscaping
  • Social
  • Tennis / Pool / Kayak


Office Manager
Leeanna Blake

Facilities Manager
Tom Fusco


Terms of Use


‎880 East Street, Lee, Massachusetts

Statement of Rights and Responsibilities

Beta Terms of Use

When you access or use our web portal (the “Portal”), you are entering into a legal agreement and you agree to all of these terms (the “Terms of Use”). You also agree to the Village at October Mountain Condominium privacy policy (“Privacy Policy”), which covers how we collect, use, share, and store your personal information.

You agree that by registering as an “owner” or “renter”, accessing or using our Portal you are entering into a legally binding agreement with us (even if you are using our Portal on behalf of another person).  Also, by registering or entering the Portal, you will be acknowledging that you have read, understand and agree to these Term of Use and our Privacy Policy.

If you are neither a current owner of a Unit at the Village at October Mountain Condominiums (an “Owner”) nor a current renter at the Condominium (a “Renter”), you are not authorized to access or otherwise use the Portal or to access any Site Content or make any User Submissions.

1.         Your Acceptance of Terms of Use.  The website  along with any online Portal location that posts a link to these Terms of Use (collectively, the “Site”) is provided by the Village at October Mountain Association, a Massachusetts condominium association in Lee, Massachusetts (“VOM”).  Throughout these terms and conditions of use, the words “Condominium,” “we,” “us,” and “our” refer to VOM and the words “you” and “your” refer to the user visiting and using the Site or contributing content on the Site, or both.  These terms and conditions of use (“Terms of Use”) set forth the legally binding terms for your use of the Site (including both mobile and online versions). It also applies to your use of all features, widgets, plug-ins, applications, content downloads or other Portals that (i) we own or control and make available through the Site, or (ii) that post a link to these Terms of Use (collectively with the Site, the “Portal”).  It applies regardless of how you access or use the Portal, whether via personal, school, business or institutional computers or networks, mobile devices or otherwise.  By accessing or using the Portal in any manner, you signify your agreement to: (i) these Terms of Use; (ii) the Privacy Policy; and (iii) any other legal notices, usage rules, conditions or guidelines located within the Site.  If you do not agree to any of these Terms of Use or the Privacy Policy, please do not use the Portal and exit now.  If you wish to have an account and become a registered user of the Portal, communicate with VOM staff or the Condominium’s officers or Board of Managers via the Portal, you must read these Terms of Use and indicate your acceptance of them during the registration process.  Entering your personal information into the Site when you register or accessing the Site each time after you have registered confirms your agreement to these Terms and Conditions.

The business realities associated with operating the Portal are such that, without the limitations that are set forth in these Terms of Use (e.g., your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes) we would not make the Portal available to you.

2.         Important Legal Information About Privacy.  The terms and conditions of VOM’s Privacy Policy, ,apply to your use of the Portal, form an integral part of your agreement with us, and are incorporated by reference into these Terms of Use.  You should read and understand the Privacy Policy carefully before you use our Portal because by using the Portal you will be agreeing to everything in these Terms of Use, including the terms and provisions contained in our Privacy Policy.  You should review the Privacy Policy from time to time to see if and how it may have changed.  We reserve the right to change the Privacy Policy from time to time without advance notice to you. We may post or display notices of changes to the Privacy Policy on the Site or may notify you of such changes.

3.         Modification to These Terms of Use and Our Site.  We may add to, update, delete from or modify the Portal at any time in our sole discretion. We reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change the Terms of Use.  We may post or display notices of changes to the Terms of Use or Portal on the Site or may notify you of such changes.  However, once posted, any changes to the Terms of Use become effective immediately.  If any change that we make is not acceptable to you, promptly stop using the Portal.  Any use by you of the Portal after any changes to our Terms of Use become effective will signify your agreement to be bound by those changes.  You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations which apply to your agreement with us.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.

4.         VOM Portal; Site.

A.        These Terms of Use apply to all users of the Portal.  The Site includes all aspects of and pages within  or any mobile application that we may operate.  The Site Content (defined below) is provided as a courtesy to our users and is intended for general, informational and educational purposes only. VOM and its Board of Managers does verify any information provided by users or does it endorse any service provider listed on the Site, but makes the names available based upon recommendations from Owners and Renters.  We Make No Representations Or Warranties With Respect To Any Such Service Providers Or The Quality Of Their Work.  All information from this Site is subject to change without notice. VOM permits you to access and use the Site Content for personal, non-commercial purposes only.  You may not publish or distribute for any purpose the names of the Owners or Renters or any personal information concerning the Owners or Renters obtained through the Site.  You may not copy any of the Site Content onto your own web server or other applications for any reason without our prior written permission in each instance or use the Owners’ or Renters’ lists for advertising, business or any commercial purpose, harassment, denial of service attacks, for spam or any unlawful or illegal purpose.

B.         From time to time, the Site may list activities available to Owners and Renters or both.  These are User Submissions and are not VOM sponsored events or activities.  No portion of the registration fees are collected by or paid to VOM for such events or activities.  The events and activities are listed for informational purposes only at the request of an Owner or Renter and the attendees or participants attend and participate at their own cost and at their own risk.  VOM has no obligation to list any such events or activities on the Portal and may remove any such User Submissions at any time, for any reason or without reason or cause. VOM does not endorse any such events or activities.  Your participation in any such events or activities are at your own risk.

C. The Site may contain links to third-party web sites that are not owned or controlled by VOM.  Some of these may be provided by VOM Owners, Renters or other Users.  VOM has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party web sites.  In addition, VOM is unable and unwilling to censor or edit the content of any third-party web site.  Accordingly, we encourage you, when you leave the Site, to read the terms and conditions and privacy policy of each web site or mobile application that you visit.  If you decide to access any other sites or mobile applications linked to our Site, you do so entirely at your own risk.  WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY SITES YOU MAY VISIT, INCLUDING, WITHOUT LIMITATION ANY SOCIAL MEDIA, TEAM, SCHOOL, LEAGUE OR OTHER SITES.

D.        You are strictly prohibited from uploading or posting any information, data or photographs that are false, misleading, defamatory, inaccurate, derogatory, harassing, threatening, abusive, invasive of privacy or publicity rights, contain nudity or otherwise contain unlawful, illegal, obscene, lewd, sexually explicit or other subject matter that may be found objectionable by others or that contain any virus, malicious code or malware.

E.         VOM may restrict, suspend or terminate any User’s any user’s access to all or any part of the Site at any time, for any or no reason, with or without notice all without any liability to any user or users whatsoever.

F.         If a User Submission is removed from the Portal, (i) the User Submission may still exist in our backup or archive copies, which are not generally publicly available, (ii) administrators, governmental authorities and other Users that had access to a User Submission may have retained copies of your User Submissions, and neither VOM, its Board of Managers, Owners, officers, office and facilities managers, staff nor any of our affiliates have any responsibility for any uses of your User Submission that they might make.  Further, VOM retains the license granted to it by you when you first made your User Submission and can continue to use your User Submissions in derivative works created before it was deleted. In addition, VOM will remain free to complete the creation of derivative works and thereafter exploit that derivative work for all purposes and at all times.

G.        You acknowledge that the Site may contain inaccuracies or typographical errors or omissions. VOM is not responsible for any inaccuracies, omissions, typographical, pricing, product information, graphics, images, videos, text, advertisements or endorsements by or posed by any User or by VOM.  No advertisements are permitted to be posted by Users.  All such advertisements are prohibited.  Product, service and other endorsements are discouraged.  If any User makes any product or Portal endorsement, the User is solely responsible for the content and must disclose if he, she or it is being paid for the endorsement or is receiving anything of value in connection with the endorsement.  All advertisements and endorsements are solely User Content.

H.        You agree that VOM may establish limits from time to time concerning use of the Portal, including the number of days that User Submissions will be retained by or on the Portal, the maximum number and size of postings, email messages, or other Site Content that may be uploaded, transmitted or stored by the Portal, and the frequency with which you may access the Portal. You agree that VOM has no responsibility or liability for the deletion or failure to store User Submissions and Site Content. You agree that VOM may, in its sole discretion, at any time, and from time to time, modify or discontinue the Portal (or any part thereof) with or without notice, and that VOM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Portal.  There is no guaranty of continuous availability or uptime of the Site or the Portal.

5.         Access.

A.        VOM hereby grants to you a limited, personal, non-exclusive, non-transferrable, fully revocable license to use and access those portions of the Portal made available to you as a result of your ownership or rental of a Unit at VOM, all as set forth in these Terms of Use. You agree that you shall not: (i) use any meta tags or any other “hidden text” in your use of the Portal; (ii) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Portal source or object code or any software or other products, Portals, links, APPs, or processes accessible through any portion of the Portal or to access it in order to modify or change any User Submissions, or copy any ideas, features, content, images, functions or graphics of the Portal; (v) engage in any activity that interferes with a user’s access to the Site or to the Portal or the proper operation of the Portal, or otherwise causes harm to the Portal, VOM, or other users of the Portal; (vi) interfere with or circumvent any security feature of the Site or Portal or any feature that restricts or enforces limitations on use of or access to the Portal, the Site Content or User Submissions; (vii) use our copyrights, trademarks (whether or not registered) or any confusingly similar marks, except as expressly permitted in writing by us in each instance; (viii) use any third party marks, logos, copyrights or trademarks appearing on the Portal or Site without permission from such third party or otherwise in accordance with their policies concerning such uses; (ix) post or make any User Submission that includes any virus, malicious code or malware; or (x) otherwise violate these Terms of Use or any applicable laws. 

B.         In order to access some features of the Portal, such as Owners’ pages or Renters’ pages you will need to create a registered account where you will create your own user name and unique password/pass-phase (collectively an individual’s “Credentials”).  You are prohibited from using another person’s account, or Credentials, sharing your account Credentials with any other person, or do anything else that might jeopardize the security of the Portal or the Site, your account or information concerning any user or VOM.  You shall not transfer your account or your Credentials to anyone.  When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate.  You are solely responsible for the activity that occurs using your Credentials.   You must notify VOM immediately of any breach of security or unauthorized use of your account Credentials by contacting us at   Although VOM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by VOM or others due to any unauthorized use. 

C.         You agree that you shall not use the Portal offered through the Site: (i) in connection with any commercial activities, rentals, or sales, including without limitation advertising, solicitations for donations, contests, sweepstakes or pyramid schemes, (ii) to promote information that you know is false or misleading or to promote or engage in illegal activities or conduct that is abusive, harassing,  threatening, obscene, defamatory or libelous, (iii) to engage in or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifying information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit advance consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, telephone numbers, dates of birth, physical addresses, user names, passwords or other contact information of users, administrators or members for purposes of sending unsolicited communications or commercial solicitations, (vii) to bully, persecute, oppress, badger, browbeat  tyrannize, browbeat, harass, torment, coerce, pressure, strong-arm, dominate; or otherwise intimidate another person (whether or not a minor), (viii) to use or launch any automated system, including without limitation, “robots,” or “spiders,” that accesses the Site in a manner that sends more request messages to the VOM servers in a given period of time than humanly possible in the same period by using a generally available public web browser.  In order to protect third parties and other users from such prohibited conduct, VOM reserves the right to restrict, in its sole discretion, communications which a user may send through the Portal. 

6.         Intellectual Property Rights.  The content on the Site, except all User Submissions (as defined below), including without limitation, the materials, descriptions, FAQs, newsletters, bulletins, surveys, polls, literature, software, scripts, graphics, photos, interactive features, products, Portals and the like (“Site Content”) and the trademarks, Portal marks and logos contained therein (“Marks”), are owned by or licensed to VOM, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  You in no way will obtain any ownership interest or rights in the Site Content or Marks contained on the Site.  Site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  VOM reserves all rights not expressly granted in and to the Site and the Site Content.  If you download or print a copy of any Site Content for personal or educational use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with any security related features of the Site or features that prevent or restrict use or copying of any Site Content or User Submissions or enforce limitations on use of the Site or the Site Content or User Submissions therein.

7.         User Submissions

A.        The Site may permit the submission and uploading of certain user-generated text, information, data, audio files, videos, graphics, photographs, or other content (“User Submissions”) and the hosting, sharing, transmission or publishing of such User Submissions.  Acting singly, VOM and its Board of Managers have the right and power to censor, remove, edit or reject any User Submissions, at any time, with or without cause, in their sole discretion.   One example of how this might work, is where an owner wishes to post water aerobics, yoga or other activities or photographs of individuals participating in such programs and activities.  These may be uploaded, posted, stored and otherwise made available to other users on the Site, but neither VOM or any officer or member of its Board of Directors is responsible for such content or any videos owned or licensed by the uploading user or any other personal or professional information.  User Submissions may (but need not be) be published by VOM and viewed by both general users and registered users of the Site.  You understand and acknowledge that VOM does not guarantee any confidentiality with respect to any User Submissions.

B.         You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.  In connection with User Submissions, you affirm, represent, and warrant to VOM, its officers and Board of Managers, and to each other User on the Site that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize VOM to use all copyrights, trademarks, trade secrets, patents or any other proprietary rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Portal and these Terms of Use; (ii) the posting or publication of your User Submissions on or through the Site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person, school, team, institution or organization in your User Submission to use the name or likeness of each and every such identifiable person, school, institution or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Portal and these Terms of Use.  You further affirm, represent and warrant that your User Submissions will contain no nudity or sexually explicit content and are not lewd, obscene, defamatory or libelous in any manner whatsoever. 

C.         As between you and VOM, you will retain all ownership rights in your User Submissions.  By submitting a User Submission to us, you hereby grant to VOM a perpetual, worldwide, non-exclusive, royalty-free, fully-paid-up, sublicenseable and transferable license to use, post and store your User Submissions on our Site and servers and publish, distribute, publicly perform, create derivatives of and display such User Submissions in connection with the Portal and VOM’s (and its successor’s) business, including without limitation the right to modify and adapt the User Submission and distribute such User Submissions to other users and third parties for promotional or other purposes in any media formats and through any media channels now known or hereinafter created.  In addition, by submitting a User Submission to VOM you hereby grant VOM the right to use your name and image and the names and images of any other person appearing in any User Submission made by you or using your Credentials in connection with such User Submission. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.

D.        In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage VOM or its reputation, any user or any third party; (ii) submit material that is pornographic, hateful, intimidating, racially or ethnically offensive, or constitutes or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, or is otherwise inappropriate; (iii) post advertisements or solicitations of business, including any “junk mail” or “spam,” (iv) impersonate another person, school, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, school, institution, organization or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Portal or any server, computer hardware, software or equipment.  VOM does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and VOM expressly disclaims any and all liability in connection with User Submissions.  VOM does not permit copyright infringing activities and infringement of intellectual property rights on the Portal, and VOM will remove all Site Content and User Submissions if properly notified that such Site Content or User Submission infringes on another’s intellectual property rights.  VOM reserves the right to decide whether Site Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, violations of rights of publicity or privacy or excessive length.  VOM may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.  In order to cooperate with legitimate governmental requests, court orders or subpoenas, to protect VOM’s systems and other users, and to ensure the integrity of VOM’s systems, VOM may access and disclose any information that it considers necessary or appropriate, including, without limitation, Personal Data (as defined in the Privacy Policy) or other user data, IP address and traffic information, usage history, and User Submissions. 

E.         VOM is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any User Submissions.  You understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and that as a provider of an interactive Portal VOM is not liable for any statements, representations or User Submissions provided by users of the Portal.  Parental control protections (such as computer hardware, software or filtering Portals) are commercially available and may assist you in limiting access to material that you deem inappropriate or is harmful to minors. 

8.         Digital Millennium Copyright Act

A.        Notification.  If you are a copyright owner or an agent thereof and believe that any User Submission or other Site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:  (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

VOM’s designated Copyright Agent for notice of claims of infringement is:

Ellen Herman, Chairperson/President

Board of Managers

Village at October Mountain Condominiums

Village Hall

‎880 East Street

Lee, MA 01238‎

Telephone:  (413) 243-4214 

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to VOM’s general office at  You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

If you are the owner of a trademark, Portal mark or other intellectual property that you believe is being posted to the Site in violation of your rights, please (i) contact us in writing immediately at the following address, and (ii) provide us with a written statement (under penalty of perjury) detailing the particulars of the alleged infringement, and attaching evidence of your ownership of the marks or other intellectual property rights:

Board of Managers

Village at October Mountain Condominiums

Village Hall

‎880 East Street

Lee, MA 01238‎

Telephone:  (413) 243-4214 

B.         Counter-Notification.  If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright or owner of the trademark, Portal mark or other intellectual property rights or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the Berkshire Superior Court sitting in Berkshire County, Massachusetts and to the United States District Court sitting in Springfield, Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, VOM shall send a copy of such counter notification to the original notifying party.  The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, VOM may, in its sole discretion, reinstate the removed material or cease disabling such material.

C.         In accordance with the DMCA and other applicable law, VOM shall, in appropriate circumstances, terminate access, at VOM’s sole discretion, of any user that VOM finds to be a repeat infringer of others copyrights.  VOM may also, in its sole discretion, limit or fully terminate access to the Portal of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.

9.         User Disputes.  You are solely responsible for your interactions with other Owners, Renters and occupants at the VOM.  VOM reserves the right, but has no obligation, to monitor disputes between you and other users of the Portal and the Site.

10.       Warranty Disclaimer.  You agree that your use of the Portal shall be at your sole risk.  To the fullest extent permitted by law, VOM, its officers, Board of Managers, employees, affiliates and agents disclaim all warranties, express or implied, in connection with the Portal and your use thereof.  VOM makes no warranties or representations about the accuracy or completeness of the Site Content or User Submissions or the content of any sites linked to the Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Portal, Site Content or User Submissions, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical, financial or other information stored therein, (iv) any interruption or cessation of transmission to or from our Portal, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Portal by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Portal.  VOM does not warrant, endorse, guarantee, or assume responsibility for any product or Portal advertised or offered by any third party through the Portal or any hyperlinked web site.  Certain states limit the scope of disclaimers. Accordingly, these limitations may not apply to you.


As a BETA launch, the VOM Portal and Site will continue to undergo refinement, testing and improvement.  VOM’s goal with this BETA launch is to provide a limited audience of users with an opportunity to comment on and provide feedback to us on our new Site so that we can improve its look, feel and functionality in order to meet user needs.  The BETA site, its software and all content found on it are provided on an “AS IS” and “AS AVAILABLE” basis.  Notwithstanding any provision in these Terms and Conditions to the contrary, VOM does not give any warranties, whether express or implied, as to the suitability, stability or usability of the BETA site, its software or any of its content.

12.       Indemnity.  You agree to defend, indemnify and hold harmless VOM, its Owner, Board of Managers, employees, agents and affiliates, and their respective officers, directors, managers, employees and agents (collectively, “VOM Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and accountant’s fees) arising from: (i) your use of and access to the Portal, including any User Submissions or Site Content; (ii) your violation of any term of these Terms of Use or the documents or policies referenced herein; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) your violation of any law.  This defense and indemnification obligation will survive these Terms of Use and your use of the Portal.  You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify VOM Indemnitees.

13.       Wireless Capabilities

A.        Wireless Features.  The Portal may offer certain features and links that are available to you via a wireless or mobile device.  These features and links may include the ability to access the Portal’s features and upload content to the Portal, receive messages from the Portal (the “Wireless Notifications”), and download applications to your wireless device (the “Wireless App”) (collectively, “Wireless Features”).  Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features, for which you are solely responsible.  Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance.  Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or device.  You should check with your carrier to find out what plans are available and how much they cost.  Contact your carrier with questions regarding these issues.  Account information and features may be limited when using the Wireless Features.

B.         Terms of Wireless Features.  You agree that some of the Wireless Features for which you are registered may send communications via such features or apps to your devices regarding VOM related matters and activities or other parties.  Further, we may collect information related to your use of the Wireless Features.  If you have registered via the Portal for Wireless Notifications, then you agree to notify VOM of any changes to your wireless contact information (including phone number) and update your accounts on the Portal to reflect the changes.  To stop any SMS text subscriptions from VOM at any time, send a text message with STOP, END or QUIT to the program’s mobile short code.  Alternatively you may also log into your Account and change your notification settings.  Your device must have text messaging capability to use any Wireless Notifications. To stop using other Wireless Features, you may need to update your Account settings and/or delete the Wireless App from your device. By opting into any Wireless Features you represent that you are the owner of the device and that you are at least eighteen years old.

14.       Ability to Accept Terms of Use.  You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  The Portal is not intended for children under the age of thirteen (13).  If you are under 13 years of age, then please do not use the Portal and exit now; only your parent or legal guardian may access the Portal for you.

15.       Assignment.  These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VOM without restriction.  Assignments made without VOM’s consent are void.

16.       Dispute Resolution; Informal Resolution AND Formal Resolution by Arbitration/Class Action Waiver  

In order to expedite and control the cost of disputes, you and VOM agree that any legal or equitable claim regardless of whether based in contract, tort, strict liability or otherwise relating to or arising out of any use of the Portal (referred to as a “Claim”) shall be resolved as follows:

A.        Informal Resolution. You and VOM will first attempt to resolve any Claim informally. In the event that any dispute between VOM and you arises out of or relates to use of the Portal, these Terms of Use or to breach or enforcement, interpretation or validity of these Terms of Use, you and we agree to try to promptly resolve any such dispute informally through direct contact. Please send a written notice describing the dispute to: attention: President.

B.         Formal Resolution by Arbitration; Class Action Waiver. 

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION BEFORE A JUDGE OR A JURY AND TO TAKE AN APPEAL.  You agree that any dispute, controversy or Claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use as to the use of the Portal, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of arbitration shall be governed solely by the Federal Arbitration Act.

If you and VOM cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration. By agreeing to arbitration, both you and VOM understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes.  Instead of suing in court, both you and VOM each agree to settle disputes (except certain small claims) only by arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A TRIAL BEFORE A JUDGE OR BEFORE A JURY AND RIGHT TO APPEAL THE DECISION OR AWARD MADE BY THE ARBITRATOR(S). The rules in arbitration are different from those in court proceedings.  There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would.

The arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) and under the terms and rules set forth in these Terms of Use. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern.You may, in arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state.  You and VOM agree to pay the costs of the arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your home town area if possible, unless you and VOM both agree to another location or telephonic arbitration. To initiate arbitration, you or VOM must do each the following:

(1)  Write a demand for arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to:  JAMS to your local JAMS office or to JAMS, 18881 Von Karman Avenue, Suite 350, Irvine, CA 92612.

(3) Send one copy of the Demand for Arbitration to the other party.

Special Rules in the arbitration proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. (ii) Neither you nor VOM shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity.  THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.  Accordingly, you and VOM agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of this dispute resolution provision if it finds such provision unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms of Use, you may assert an individual Claim in small claims court in lieu of arbitration. 

17.       Class Action Waiver


VOM and you agree that disputes, claims or controversies will be resolved on an individual basis, and that any claims brought under these Terms of Use in connection with the Portal will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. VOM and you further agree that VOM and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Portal.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in United States District Court for the District of Massachusetts located in Springfield, Massachusetts.

The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of VOM to the extent that any such claims arise out of your access to, and/or use of the Portal, and/or the provision of content, Portals, and/or technology on or through the Site.

18.       Limited Time to File Claims: You and VOM agree that any Claim arising out of your use of the Portal will be asserted within one (1) year after the Claim first arises, or such Claim will be barred and may no longer be brought.

19.       Exclusions and Limitations; Consumer Protection Notice:  If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence.  If you are a New Jersey consumer, the terms of Sections 21 do not limit or waive your rights as a consumer under New Jersey law or under the law of your State of residence, and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey, if you are a New Jersey resident, or of your State of residence. In any event, VOM reserves all rights, defenses and permissible limitations under the law of your State of residence.

Notwithstanding the foregoing, nothing in this Section 19 shall modify Subsections 16(B) and 17 (“Formal Resolution by Arbitration/Class Action Waiver” and “Class Action Waiver”).

20.       No Spam Policy.  You understand and agree that sending unsolicited email advertisements to users or administrators, which are expressly prohibited by these Terms of Use, may use or cause to be used servers located in Massachusetts, New York or California, or any of them.  Any unauthorized use of our servers or systems for spamming is a violation of these Terms of Use and may also be a violation of certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Sections 5(a)(3) and (5) of the CAN-SPAM Act of 2003; Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.  Such violations may subject the sender and his or her parents and agents to civil and criminal penalties.

21.       Governing Law, Location, Entire Agreement.  These Terms of Use shall be governed by the Federal Arbitration Act 9 U.S.C. Sections 1-16, and by the laws of the Commonwealth of Massachusetts applicable to agreements made and to be performed entirely in such state.  Choice of law rules that might cause the application of the laws of any other jurisdiction shall not apply.  The applicable federal laws of the United States of America, including, without limitation, the Federal Arbitration Act shall also apply unless they permit state law to apply instead of the applicable federal law.  Subject to the arbitration provisions set forth herein, you hereby submit to the jurisdiction of the Berkshire Superior Court sitting in Pittsfield Massachusetts, and the United States District Court for the District of Massachusetts, sitting in Springfield, Massachusetts in aid of arbitration and for purposes of compelling arbitration and enforcing any award or interim award of the Arbitrator(s). Subject to the arbitration provisions set forth herein you and we agree not to seek to transfer or dismiss any action or proceeding brought in such courts other than in furtherance of or to compel arbitration. 

These Terms of Use, together with the Privacy Policy, and any other documents or policies referenced herein or in the VOM Privacy Policy constitute the entire agreement between you and VOM regarding the use of the Site and the content, your ability to post User Submissions, and Portals provided on the Site, superseding any prior agreements between you and VOM relating to the subject matter hereof.  Neither party has relied upon any statement by the other or by any third party that is not contained in these Terms of Use, the Privacy Policy or in any other legal notices, usage rules, conditions or guidelines located within the Site.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in arbitration proceedings, and in any judicial or administrative proceedings based upon, arising out of or relating to the Portal or this Agreement to the same extent and subject to the same conditions, as other business documents and records originally generated and maintained in printed forms.  By accessing the Portal, registering as a user or clicking through to the Portal you agree to be bound by the terms hereof.

22.       California Consumer Rights Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Portals of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254.  Their website is located at:

23.       Connectivity.  You are responsible for obtaining and maintaining all devices and other equipment and software, and all WiFi, digital, Internet provider, SMS, mobile, and other portals and virtual private networks needed for your access to and use of the Site and the Portal.  You will be solely responsible for all charges related to them. You are also solely responsible for maintaining and using adequate up to date firewalls, ransom ware, virus, malicious code and malware blocking software on each of your devices.  Upload and down load speeds may vary from device to device and provider to provider, and may be affected by a variety of factors, including your location and the bandwidth and speed of your mobile device, Internet or WiFi connection.  The time it takes to begin accessing or viewing content will also vary based on a number of factors, including your location, connectivity, available bandwidth at the time, virus, malicious code and malware protections you have in place and the configuration of your device.  VOM makes no representations or warranties about the upload or down load speeds you will experience or the quality of your viewing experience on any device. 

Your wireless provider may charge for use of any mobile features, including fees for receipt of SMS and text messages or data transmission.  In order to receive mobile features, your wireless provider may require you to subscribe to additional Portals, which may require additional fees.  These are not VOM’s fees. You should contact your wireless provider before you sign up for any mobile features to determine what fees, if any, will be charged by it.

24.       Additional Terms Applicable for Users of Apple iOS.  If you are accessing or using the Portal through an Apple device, the following applicable additional terms and conditions are applicable to you and are incorporated into the Terms of Use by this reference:

(i)         To the extent that you are accessing the Portal through an Apple device, you acknowledge that these Terms of Use are entered into between you and VOM and, that Apple, Inc. (“Apple”) is not a party to these Terms of Use but may be deemed to be a third-party beneficiary as contemplated below.

(ii)        The license granted to you under these Terms of Use is subject to the permitted Usage Rules set forth in the App Store Terms of Portal (see: and any third party terms of agreement applicable to the Portal.

(iii)       You acknowledge that VOM, and not Apple, is responsible for providing the Portal and content thereof.

(iv)       You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support Portals to you with respect to the Portal.

(v)        To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Portal.

(vi)       Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and VOM, VOM, and not Apple is responsible for addressing any Claims you may have relating to the Portal, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Portal fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 

(vii)      Further, you agree that if the Portal, or your possession and use of the Portal, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(viii)     You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

(ix)       When using the Portal, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or Portal that interacts with the Portal.

25.       Force Majeure.
VOM shall not be liable for, nor will VOM be considered to be in breach of or default under this agreement on account of, any delay or failure to perform as required by these Terms of Use as a result of any causes or conditions that are beyond VOM’s reasonable control, including, without limitation, internet outages, loss of power, virus, malicious code and malware, incompatibility of the Portal or any code with any operating system, apps or other third party code.  If any such force majeure event occurs, VOM, once it becomes aware of the force majeure event, shall endeavor to  (A) use reasonable diligence to minimize the impact of the event, and (B) resume performance within a reasonable time following the cessation of the force majeure event.

26.       Invalidity and Waiver.
If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and VOM’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

27.       Termination/Exclusion

VOM reserves the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Portal for any reason or for no reason whatsoever including improper use of this Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate.

28.       User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to VOM are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions.  VOM shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

30.       Questions; Comments

If you have any questions or comments on the Portal or become aware of misuse of the Portal by any person, please contact us at or at the following address:

Board of Managers

Village at October Mountain Condominiums

Village Hall

‎880 East Street

Lee, MA 01238‎

Telephone:  (413) 243-4214 

            Attn: User Comments

31.       Effective Date

These Beta Terms of Use are effective as of October 20, 2021.

Privacy Policy and Terms of Use