The User Agreement below is effective for all users on July 1,
2011.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH HOMEOWNER
ASSOCIATIONS USA (HOA-USA) OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for Homeowner Associations of
North Carolina, Inc. (dba: HOA-USA, Inc.). This Agreement describes
the terms and conditions applicable to your use of our services
available under the domain of www.hoa-usa.com. If you do not agree
to be bound by the terms and conditions of this Agreement, do not
use or access our services.
HOA-USA may amend this Agreement at any time by posting the
amended terms on our site.
Definitions:
Directory: This is the searchable database of homeowner
associations nationwide, sorted by state.
Listing Eligibility:
Any individual or organization may submit a new association
listing or updated information to an existing listing. Upon written
request by a homeowner association's board of directors a listing
may be removed. HOA-USA attempts to verify, but does not guarantee
the accuracy of information submitted for inclusion to the HOA-USA
Directory.
1. Identity Verification
We use many techniques to identify our users when they register
on our site. However, because user verification on the Internet is
difficult, HOA-USA cannot and does not confirm each user's
purported identity.
2. Release
Because we are a free on-line directory, in the event that you
have a dispute with one or more users, you release HOA-USA (and our
officers, directors, site and profile page sponsors, agents, joint
ventures and employees) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes.
3. Information Control
We do not control the information provided by other users that
is made available through our system. HOA-USA attempts to review
and remove other user's information that is determined to be
offensive, harmful, inaccurate, or deceptive. Please use caution,
common sense, and practice when using our site. Please note that
there are also risks of dealing with underage persons or people
acting under false pretense. Additionally, there may also be risks
dealing with international trade and foreign nationals.
4. Fraud
Without limiting any other remedies, HOA-USA may suspend or
terminate your listing if we suspect that you (by conviction,
settlement, insurance or escrow investigation, or otherwise) have
engaged in fraudulent activity in connection with our site.
5. Your Information
Definition: "Your Information" is defined as any information you
provide to us or other users in listing process, in the HOA-USA
Directory or through any email feature. You are solely responsible
for Your Information, and we act as a passive conduit for your
online distribution and publication of Your Information.
Restricted Activities. Your Information (or any items listed)
and your activities on the site shall not: (a) be false, inaccurate
or misleading; contain any viruses, Trojan horses, worms, time
bombs, cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or
personal information; (b) create liability for us or cause us to
lose (in whole or in part) the services of our ISPs or other
suppliers; and (c) link directly or indirectly any other website
other than a website provided for information sharing for an
incorporated Homeowner Association or a Site Sponsor.
License. Solely to enable HOA-USA to use the information you
supply us with, so that we are not violating any rights you might
have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub licensable
(through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you have in
Your Information, in any media now known or not currently known,
with respect to Your Information. HOA-USA will only use Your
Information in accordance with our Privacy Policy.
6. Access and Interference
Our web site contains robot exclusion headers and you agree that
you will not use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission.
You agree that you will not use any device, software or routine to
bypass our robot exclusion headers, or to interfere or attempt to
interfere with the proper working of the HOA-USA site or any
activities conducted on our site. You agree that you will not take
any action that imposes an unreasonable or disproportionately large
load on our infrastructure. Much of the information on our site is
updated on a real time basis and is proprietary or is licensed to
HOA-USA by our users or third parties. You agree that you will not
copy, reproduce, alter, modify, create derivative works, or
publicly display any content (except for Your Information) from our
website without the prior expressed written permission of HOA-USA
or the appropriate third party.
7. Breach
Without limiting other remedies, we may immediately remove your
listings, warn our community of your actions, issue a warning,
temporarily suspend, and refuse to provide our services to you if:
(a) you breach this Agreement or the documents it incorporates by
reference; (b) we are unable to verify or authenticate any
information you provide to us; or (c) we believe that your actions
may cause financial loss or legal liability for you, our users or
us.
8. Privacy
We do not sell or rent your personal information to third
parties for marketing purposes without your consent and we only use
your information as described in the Privacy Policy. We view
protection of users' privacy as a very important community
principle. We understand clearly that you and your information is
one of our most important assets. We store and process your
information on computers located in the United States that are
protected by physical as well as technological security devices.
Our current Privacy
Policy is available for your review. If you object to your
Information being transferred or used in this way please do not use
our services.
9. No Warranty
WE, OUR, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND
SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other legal
rights that vary from state to state.
10. Liability Limit
IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE
FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES
OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
11. Indemnity
You agree to indemnify and hold us and (as applicable)
affiliates, officers, directors, agents, and employees, harmless
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your breach of
this Agreement or the documents it incorporates by reference, or
your violation of any law or the rights of a third party.
12. Legal Compliance
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of
our service and your listing.
13. No Agency
You and HOA-USA are independent contractors, and no agency,
partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
14. Notices
Except as explicitly stated otherwise, any notices shall be
given by postal mail to HOA-USA Inc. Attn: Legal Department One
Copley Parkway, Ste 400, Morrisville, NC 27560 (in the case of
HOA-USA) or to the email address you provide to HOA-USA during the
registration process (in your case). Notice shall be deemed given
24 hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, we may give you
notice by certified mail, postage prepaid and return receipt
requested, to the address provided to HOA-USA during the
registration process. In such case, notice shall be deemed given 3
days after the date of mailing.
15. Arbitration
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken by
HOA-USA to collect our fees and/or recover damages for, or obtain
an injunction relating to, the HOA-USA site operations,
intellectual property, and our services, shall be settled by
binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of
any other party. The arbitration shall be conducted in Raleigh,
North Carolina, and judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Either you or
HOA-USA may seek any interim or preliminary relief from a court of
competent jurisdiction in Raleigh, North Carolina necessary to
protect the rights or property of you or HOA-USA pending the
completion of arbitration. Should either party file an action
contrary to this provision, the other party may recover attorney's
fees and costs up to $1000.00.
16. Additional Terms
The following policies are incorporated into this Agreement by
reference and provide additional terms and conditions related to
specific services offered on our site:
Privacy Policy: /privacy.aspx
Sponsor Agreement: available upon request
Each of these policies may be changed from time to time and are
effective immediately after we post the changes on our site, except
for the Privacy Policy for which we will provide you with thirty
days prior notice. In addition, when using particular services on
our site, you agree that you are subject to any posted policies or
rules applicable to services you use through our site, which may be
posted from time to time. All such posted policies or rules are
hereby incorporated by reference into this Agreement.
17. General
This Agreement shall be governed in all respects by the laws of
the State of North Carolina as such laws are applied to agreements
entered into and to be performed entirely within North Carolina
between North Carolina residents. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of
our site may be interfered with by numerous factors outside of our
control. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. You agree that this Agreement and all
incorporated agreements may be automatically assigned by HOA-USA,
in our sole discretion, to a third party in the event of a merger
or acquisition. Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent
or similar breaches. This Agreement sets forth the entire
understanding and agreement between us with respect to the subject
matter hereof. Sections xxx shall survive any termination or
expiration of this Agreement.
18. Disclosures
The services hereunder are offered by HOA-USA Inc., located at
One Copley Parkway, Ste 400, Morrisville, NC 27560.
Disputes between you and HOA-USA regarding our services may be
reported to management by sending an email to info@hoa-usa.com. We encourage
you to report all user-to-user disputes to your local law
enforcement, postmaster general, or a certified mediation or
arbitration entity.
Additionally, you may report complaints to the Attorney
General's Consumer Protection Office.
North Carolina Department of Justice
Consumer Protection Section
P.O. Box 629
Raleigh, NC 27602-0629
Telephone: (919) 716-6000
Fax: (919) 716-6050
E-mail: agjus@mail.jus.state.nc.us