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HOA-USA Terms Of Usage Agreement

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