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Terms and Conditions

Introduction

Welcome to RatemyHOA.org. This website is owned and operated by Rate My HOA, LLC (“RateMyHOA” “us” or “we”).  By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

This User Agreement was last modified and is effective as of _____________ 2014.

 

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.  By using this website and the Resources, you agree that:a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

  1. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
  2. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  3. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  4. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  5. You shall not make any use of the trademarks, service marks, tradenames, logos and graphics on this website, whether belonging to us or any third party provider, without our prior written consent.
  6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
  8. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    Iii. Contains any type of unauthorized or unsolicited advertising;
    Iiii. Impersonates any person or entity, including any RateMyHOA employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

j.. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of RateMyHOA, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

k.. You agree to indemnify and hold harmless RateMyHOA and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Advertisers

This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. We will not be responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials, or for the acts or omissions of such advertisers or sponsors.

Linking to the Website

You may provide links only to the homepage of this website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage and (b) you discontinue providing links to this website if requested by us.

Registration and Account Information

Certain sections of this website may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information.  Please view our Privacy Statement for more information about how we may store and use your personal information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In case of misuse, we may terminate further access or take such other action as we, in our sole discretion, deem appropriate. If you believe there has been unauthorized use, you must notify us immediately.

Third Party Information; No Legal Advice or Real Estate Brokerage Services

Third-party content, messages and services may appear on this website or may be accessible through links from this website. RateMyHOA  is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from this website. You acknowledge that the information and opinions in the third party content are neither endorsed or controlled by, nor reflect the beliefs of, RateMyHOA. You use the Resources on this website at your own risk. You acknowledge that under no circumstances is RateMyHOA,  ts agents, affiliates or customers, providing legal  or other professional advice or representation through this website, and that nothing on this website is intended as a substitute for legal or other professional advice from an attorney, real estate broker or other qualified professionals. UNDER NO CIRCUMSTANCE SHALL RATEMYHOA HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE. SUCH RELIANCE SHALL BE SOLELY AT YOUR OWN RISK.

 

The Rating System and Other Postings:

Your comments, suggestions ratings, complaints and information are important to us. Portions of this website may provide you and other users an opportunity to participate in rating systems, forum services, blogs, web communities and other message and communication facilities  and may provide you with the opportunity, to submit, post, display, transmit and/or exchange information, ratings, ideas, opinions, complaints messages or other information (“Post” or “Postings”). You understand, acknowledge and agree that Postings are the sole responsibility of the person from which such Postings originated. This means that you (including, but not limited to, Postings made under your name, user name and/or email address) are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of RateMyHOA and we do not represent or guarantee the truthfulness, accuracy or reliability of any Posting or endorse or support any opinions expressed in any Postings

We do not control any Postings submitted, although we may (in our sole discretion) use automated and/or manual means of reviewing Postings in order to prevent unauthorized content from appearing and being displayed on the website. We reserve the right to review, monitor, edit and/or screen any Postings and to delete, remove, move, re-format, edit or reject, without notice to you, any Postings that we deem, in our sole discretion, to be in violation of this User Agreement or to be unacceptable to us, or for any reason or for no reason whatsoever; provided, however, that, we shall have no obligation or liability for failure to do so or for doing so in any particular manner.

If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this User Agreement, in addition to our rights as described in this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii) revoke your right to use the website; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this User Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

If a Posting originates from you or your account, you hereby agree that (and each time you submit (or attempt to submit) a Posting, you reaffirm such agreement that): (i) you specifically authorize us to use such Posting in whole or in part, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; and (ii) you represent warrant and covenant that (A) the Posting is original to you and/or fully cleared for use as contemplated herein, (B) the Posting does and will not, in any way, violate or breach any of the terms of this User Agreement, (C) we, shall not be required to pay or incur any sums to any person or entity as a result of our permitted use or exploitation of the Posting (including, but not limited to, any residual payments in connection with the submission and exploitation of any Posting) and (D) all of the information provide by you associated with your Posting is correct, complete and accurate.  Upon our request, you will promptly furnish any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this User Agreement, including, but not limited to, the foregoing representations, warranties and covenants and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.

If you believe that any content on the website (including, without limitation, Postings) violates any of the terms of this User Agreement, you may contact us via the Contact Us page. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

 

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

BY USING OUR WEBSITE, YOU UNDERSTAND AND AGREE THAT ALL RESOURCES WE PROVIDE ARE “AS IS” AND “AS AVAILABLE”. THIS MEANS THAT WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
I) THE — USE OF OUR RESOURCES WILL MEET YOUR NEEDS OR REQUIREMENTS.
II) THE — USE OF OUR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS.
III) THE INFORMATION OBTAINED BY USING OUR RESOURCES WILL BE ACCURATE OR RELIABLE, AND
IV) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RESOURCES WE PROVIDE WILL BE REPAIRED OR CORRECTED.

Furthermore, you understand and agree that:

  1. v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
    vi) no information or advice, whether expressed, implied, oral or written, obtained by you from RateMyHOA or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. RateMyHOA will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

EXCEPT AS OTHERWISE SET FORTH HEREIN, RATEMYHOA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Copyrights/Trademarks

All content and materials available on RateMyHOA, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of, or licensed by, RateMyHOA, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by RateMyHOA or its licensor.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by RateMyHOA from our offices located in the state of Florida. It can be accessed by most countries around the world. As each country has laws that may differ from those of Florida, by accessing our website, you agree that the statutes and laws of Florida, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Orange County, Florida You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.




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