|ACCEPTANCE OF TERMS
Welcome to HomeOwners Associations Online. HomeOwners Associations Online provides its service to
you, subject to the following Terms of Service ("TOS"), which may be
updated by us from time to time without notice to you.
In addition, when using particular HomeOwners Associations Online services, you and
HomeOwners Associations Online shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the
DESCRIPTION OF SERVICE
HomeOwners Associations Online currently provides users with access to a rich collection of resources, including, various communications tools, forums, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for HomeOwners Associations Online to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new HomeOwners Associations Online properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that HomeOwners Associations Online assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
HomeOwners Associations Online has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, HomeOwners Associations Online has the
right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof). HomeOwners Associations Online is
concerned about the safety and privacy of all its users, particularly
children. Please remember that the Service is designed to appeal to a
broad audience. Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Services and/or Content (as
defined in Section 6 below) are appropriate for your child.
Registration Data and certain other information about you is subject to
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify HomeOwners Associations Online of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. HomeOwners Associations Online
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This
means that you, and not HomeOwners Associations Online, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available
via the Service. HomeOwners Associations Online does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will HomeOwners Associations Online be liable in any way for any
Content, including, but not limited to, for 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, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
You acknowledge that HomeOwners Associations Online does not pre-screen Content, but that HomeOwners Associations Online and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, HomeOwners Associations Online and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by HomeOwners Associations Online or submitted to HomeOwners Associations Online, including without limitation information in HomeOwners Associations Online Events, HomeOwners Associations Online Clubs, and in all other parts of the Service.
You acknowledge and agree that HomeOwners Associations Online may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HomeOwners Associations Online, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
HomeOwners Associations Online does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant HomeOwners Associations Online the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the
HomeOwners Associations Online network of properties that are intended by
HomeOwners Associations Online to be available to the general public. By way of example,
publicly accessible areas of the Service would include HomeOwners Associations Online
Clubs and HomeOwners Associations Online Events that are open to both members and
visitors. However, publicly accessible areas of the Service would not
include portions of HomeOwners Associations Online Events and HomeOwners Associations Online Clubs
that are limited to members, HomeOwners Associations Online services intended for
private communication or areas off of the HomeOwners Associations Online network of
properties that are accessible through HomeOwners Associations Online but are not hosted
or served by HomeOwners Associations Online.
You agree to indemnify and hold HomeOwners Associations Online, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your use
of the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that HomeOwners Associations Online may establish general practices
and limits concerning use of the Service, including without limitation the
maximum number of days that uploaded Content will be retained by the
Service, the maximum number of messages that may be sent from or received
by an account on the Service, the maximum size of any message that may be
sent from or received by an account on the Service, the maximum disk space
that will be allotted on HomeOwners Associations Online's servers on your behalf, and
the maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that
HomeOwners Associations Online has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
HomeOwners Associations Online reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that
HomeOwners Associations Online reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
HomeOwners Associations Online reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that HomeOwners Associations Online
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
You agree that HomeOwners Associations Online, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if HomeOwners Associations Online
believes that you have violated or acted inconsistently with the letter or
spirit of the TOS. HomeOwners Associations Online may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that HomeOwners Associations Online may immediately
deactivate or delete your account and all related information and files in
your account and/or bar any further access to such files or the Service.
Further, you agree that HomeOwners Associations Online shall not be liable to you or any
third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that
HomeOwners Associations Online shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because HomeOwners Associations Online has no control
over such sites and resources, you acknowledge and agree that
HomeOwners Associations Online is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
HomeOwners Associations Online shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
HomeOwners Associations Online's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HomeOwners Associations Online or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
HomeOwners Associations Online grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on
a single computer; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than
through the interface that is provided by HomeOwners Associations Online for use in
accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HomeOwners Associations Online SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
HomeOwners Associations Online HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
HomeOwners Associations Online, the HomeOwners Associations Online logo, and other HomeOwners Associations Online
logos and product and service names are trademarks of HomeOwners Associations Online
Inc. (the "HomeOwners Associations Online Marks"). Without HomeOwners Associations Online's prior
permission, you agree not to display or use in any manner, the
HomeOwners Associations Online Marks.
COPYRIGHTS and COPYRIGHT AGENTS
HomeOwners Associations Online respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide HomeOwners Associations Online's Copyright Agent the following information:
The TOS constitute the entire agreement between you and HomeOwners Associations Online and govern your use of the Service, superceding any prior agreements between you and HomeOwners Associations Online. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and HomeOwners Associations Online shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and HomeOwners Associations Online agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Oakland, Michigan. The failure of HomeOwners Associations Online to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
Please report any violations of the TOS to firstname.lastname@example.org.