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Terms of Use Agreement
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Terms of Use Agreement

 

USE OF THIS WEBSITE CONFIRMS THAT THE USER HAS READ THIS AGREEMENT AND IS IN AGREEMENT WITH  ITS TERMS 

 

This TERMS OF USE AGREEMENT (hereinafter "Agreement") is made by and between HOA Member Services, a California Limited Liability Company, and you,  the user  of this Website and the information and resources made available on it (hereinafter "You, Your, User,  or Member). This Agreement contains the complete terms and conditions that govern the use of the HOA Member Services Website ("Website” or "Site”). 

 

BY VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER HOA MEMBERS SERVICES’ SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY "SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

 

HOA MEMBER SERVICES RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT HOA MEMBER SERVICES’ DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING ___ 

 

Access To This Site

 

To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If HOA Member Services believes the information you provide is not correct, current, or complete, HOA Member Services has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.

 

Applicable  Use of Site

 

You may use this Site for purposes expressly permitted by this Site. As a condition of your use of the HOA Member Services Website, you warrant to HOA Member Services that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

 

No Co-Branding or Framing

 

You may not use or authorize any party to co-brand, or frame any portion of this Website without the express prior written permission of an authorized representative of HOA Member Services.  For purposes of these Terms of Use, "co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, "framing” refers to displaying any HOA Member Services webpage within a bordered area of another website, regardless of whether the address of the originating HOA Member Services website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from HOA Member Services.

 

No Unlawful Access

 

You agree that you will not use the HOA Member Services Website in any manner that could in any way disable, overburden, damage, or impair the Website or otherwise interfere with any other party’s use and enjoyment of the website. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the websites.

 

Personal and Non-Commercial Use Limitation

 

The HOA Member Services website is for your personal and non-commercial use, unless otherwise specified. You may not use any HOA Member Services for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of HOA Member Services. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to HOA Member Services Website.

 

Proprietary Information

 

All content found on the HOA Member Services Website (the "Content”) is considered the copyrighted and trademarked intellectual property of HOA Member Services, or of the party that created and/or licensed the Content to HOA Member Services. No rights or title to any of the works contained on any HOA Member Services Website shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of HOA Member Services, except that you may print out and/or save a copy of the Content for personal use.

 

Submissions

 

You hereby grant to HOA Member Services a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to HOA Member Services  through this Site (hereinafter, the "Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that HOA Member Services will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future HOA Member Services  operations or business.

 

Linked Sites

 

This Site may be hyperlinked to and by other websites which are not maintained by, or related to, HOA Member Services. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this site or HOA Member Services. HOA Member Services has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a the HOA Member Services Website to another web page should be accessed at the User’s own risk. HOA Member Services makes no representations or warranties about the content, completeness, quality or accuracy of any such website.

 

Use of Communication Services

 

HOA Member Services Website may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site, or cause to be posted, sent, submitted, published or transmitted, any material that:(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity); (ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law; (iii) is vulgar, obscene, pornographic, or indecent; (iv) threatens or abuses others; (v) is libelous or defamatory towards others; (vi) is racist, abusive, harassing, threatening or offensive; (vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information; (viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent; (ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content; (x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices); (xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; (xii) solicits funds, advertisers or sponsors for any purpose; (xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device; (xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this Site;(xv) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys; (xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or (xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither HOA Member Services, nor any third party that provides Content to HOA Member Services, will assume or have any liability for any action taken by HOA Member Services or such third party with respect to any submission.

 

Right to Terminate Access

 

HOA Member Services reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion. HOA Member Services reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Disclosure Under Law

 

HOA Member Services reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

Personally Identifying Information

 

HOA Member Services cautions you against giving out any personally identifying information about yourself in any Communication Service. In an effort to preserve your privacy, HOA Member Services agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy.

 

Disclaimer and Limitations on Liability

 

You understand that HOA Member Services cannot and does not guarantee or warrant that files available for downloading from the HOA Member Services Website will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to Your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that You will maintain adequate means of backup of your personal data, external to this website.  HOA Member Services further disclaims any responsibility to ensure that the Content located on its Site is necessarily accurate, complete and up-to-date. To the extent permitted by law, neither HOA Member Services nor its officers, employees or agents will be liable in any way for any loss, damage, costs or expenses suffered by You or claims made against You by reason of Your use of the Site or in connection with any services or information supplied, offered to be supplied or advertised through the Site. To the maximum extent permitted by law, all warranties, conditions and representations about the Site, the accuracy or timeliness of the material provided on the Site and the services advertised via the Site are expressly excluded. Where any legislation implies a condition or warranty, and that legislation prevents HOA Membership Services from excluding or modifying the application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included provided however, that HOA Membership Services will be limited, to the maximum extent permitted by law, for a breach of that condition or warranty to one or more of the following: (i) supplying the services to you again or (ii) the payment of the cost of having the services supplied to you again. Neither HOA Member Service nor any other party involved in creating producing, or delivering the Site, will be liable to you for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, or use of the Site.

 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HOA MEMBER SERVICES DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HOA MEMBER SERVICES DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY HOA MEMBER SERVICES  WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOA MEMBER SERVICES DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HOA MEMBER SERVICES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. HOA MEMBER SERVICES MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY ORRESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. HOA MEMBER SERVICES, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HOA MEMBER SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HOA MEMBER SERVICES AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO HOA MEMBER SERVICES FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 

Indemnity

 

You indemnify and agree to keep HOA Member Services, its affiliates, officers, employees and agents (Indemnified Parties) indemnified against all claims, demands, actions, proceedings, costs, expenses, liabilities and loss suffered by HOA Member Services, directly or indirectly as a result of any breach of your obligations under this Agreement including any use of Content other than as expressly authorized in these Terms of Use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

 

Trademarks, Copyrights, and  Other Intellectual Property Rights

 

Trademarks, service marks, logos, and copyrighted works (hereinafter, "intellectual property”) appearing in this Site are the property of HOA Member Services, the party that provided the intellectual property to HOA Member Services, or the third parties whose sites are linked to this Website.  HOA Member Services and any party that provides intellectual property to HOA Member Services, or whose website is linked to this Site retain all rights with respect to any of their respective intellectual property appearing in this Site. All content of  the HOA Member Services Website is protected by a copyright: Copyright © HOA Member Services 2014.  All rights reserved.

 

Copyright Infringement

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HOA Member Services’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying HOA Member Services and its affiliates that your copyrighted material has been infringed. Please include the following: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii)  A description of the copyrighted work that you claim has been infringed upon; (iii) A description of where the material that you claim is infringing is located on the site, including the current website address; (iv) Your address, telephone number, and e-mail address; (v)  A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law; (vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. HOA Member Services’ Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent: HOA Member Services Attn: Copyright Agent, 11111 Santa Monica Blvd., Suite 1000, LosAngeles California 90025 / phone: 310-478-3212 /  fax: 877-211-8119 / e-mail: Info@hoamemberservices.com. password, user id and security: You will be requested to choose a password to access the "Members only" area of the Site and HOA Member Services will allocate a user identification ("User ID") to you. You will be required to use Your password and user ID each time you log on to the Site. HOA Member Services may assume the authenticity of and may act upon any instructions given by any person who uses your password or User ID. You must comply with all directions issued by HOA Member Services pertaining to use of Your password or User ID. Your User ID should be included in all Your correspondence with HOA Member Services and other registered members. You must not disclose your password to any other person and HOA Member Services holds you responsible for keeping your password strictly confidential. You will be held responsible for all transactions conducted using your password or User ID including all transactions a third party conducts using Your password or User ID, irrespective of whether You have disclosed Your password or User ID to that third party either intentionally or through carelessness. You must notify HOA Member Services immediately if You become aware that Your password User ID has been compromised or that there has been unauthorized use of Your password or User ID. From time to time, HOA Member Services may require that You change Your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If You become involved in any violation of system security, HOA Member Services reserves the right to release Your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. HOA Member Services reserves the right to investigate suspected violations of these Terms of Use.  HOA Member Services reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction HOA Member Services to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD HOA MEMBER SERVICES HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HOA MEMBER SERVICES  DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HOA MEMBER SERVICES  OR LAW ENFORCEMENT AUTHORITIES.

 

Privacy 

 

Please see our privacy policy which is set forth in a separate link contained in the footer of the homepage for this website.

Said privacy policy is incorporated by reference herein.

 

Refund Policy

 

The initial membership fee HOA Member Services membership is non-refundable. Due to the nature of the goods and services provided, HOA Member Services is unable to offer any refund for forms,  screening reports, books, classes, or any other products, services or advice purchased directly or indirectly from HOA Member Services or any vendor, advertiser or partner of HOA Member Services. Notwithstanding the forgoing, requests for cancellation of an annual membership that are made within the first 30 days of the membership will be honored providing there have been no requests for personal assistance submitted by the canceling member which have been responded to by HOA Member Services personnel, and there have been no downloads of store products (i.e. forms, guides). If store products have been downloaded prior to the cancellation, the non-member price of said items will be deducted from the membership fees that were paid and the difference, if any, will be refunded to the cancelling member.

 

 Background Report Availability

 

HOA Member Services provides the ability for members to gain access to background reports with the applicant’s cooperation. Applicant cooperation requires the HOA Member Services member to provide the applicant’s email address and other personal information. The applicant must then respond to an email from HOA Member Services, fill out an online application, and complete registration with a 3rd Party Vendor to release their data to You. Members of HOA Member Services may avoid the applicant cooperation process and obtain background reports instantly. Becoming a Member of HOA Member Services does not guarantee approval for instant access to background reports. HOA Member Services has partnered with a third party to provide said reports and users must sign a separate service agreement and provide substantial documentation for approval. The underwriting and approval process is not controlled by the HOA Member Services.

 

 

Chargeback / Dispute Terms

 

It is in the Member’s best interest, as well as HOA Members Services, to resolve any credit card dispute and to avoid initiating a chargeback/dispute with the credit card company. In the event any User of HOA Member Services files a credit card chargeback/dispute, HOA Member Services reserves the right to charge the User a $50.00 chargeback/dispute fee. The chargeback/dispute fee applies to all Members whether or not HOA Member Services wins the chargeback. If the chargeback fee (and the original charge If HOA Member Services does not win the chargeback/dispute) is not paid by the User, the Userer may be submitted to collection agency and the debt may be reported to all major credit bureaus.

 

Miscellaneous

 

These Terms of Use will be governed and interpreted pursuant to the laws of California, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and HOA Member Services arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Los Angeles, California. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between You and HOA Member Services as a result of this agreement or use of HOA Member Services Website. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and HOA Member Services with respect to HOA Member Services Websites. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain. HOA Member Services may revise these Terms of Use at any time by updating this posting.

 

Summary

 

Any rights not expressly granted herein are reserved. By using this Site, User acknowledges and agrees that the information provided by HOA Member Services and its affiliates, employees, contractors, agents and assigns, is one of convenience only, and you do not rely on HOA Member Services and its affiliates, employees, contractors, agents and assigns, to provide you with advice concerning the facts and  circumstances unique to your situation. If you are uncertain about the meaning or effect of any information provided by HOA Membership Services, you agree that you will obtain outside counsel.  

 

DO NOT USE ANY INFORMATION PROVIDED BY HOA MEMBER SERVICES, IF YOU DO NOT FULLY UNDERSTAND THE CONSEQUENCES.