Terms of Use Agreement
This Terms
of Use Agreement sets forth the standards of use of the HOA ProSys LLC Online
Service for Registered Users. By using this website you (the
“Member”) agree to these terms and conditions. If you do not agree to the terms
and conditions of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at hoaprosys.com website. Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in this paragraph, this Agreement
may not be amended.
1.
Disclaimer of Warranties.
The
site is provided by HOA ProSys LLC on an “as is” and on an “as available”
basis. To the fullest extent permitted
by applicable law, HOA ProSys LLC makes no representations or warranties of any
kind, express or implied, regarding the use or the results of this web site in
terms of its correctness, accuracy, reliability, or otherwise. HOA ProSys LLC
shall have no liability for any interruptions in the use of this Website. HOA ProSys LLC disclaims all warranties with
regard to the information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties; therefore the above-referenced exclusion
is inapplicable.
2. Limitation of Liability
HOA
PROSYS LLC SHALL NOT be liable for any
damages whatsoever, and in particular HOA PROSYS LLC shall not be liable for any special,
indirect, consequential, or incidental damages, or damages for lost profits,
loss of revenue, or loss of use, arising out of or related to this web site or
the information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if HOA
PROSYS LLC has been advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
3. Indemnification
Member agrees
to indemnify and hold HOA ProSys LLC, its
parents, subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys’ fees and costs, made by any
third party due to or arising out of Member’s use of the Service, the violation
of this Agreement, or infringement by Member or Management, or other user of
the Service using Member’s computer, of any intellectual property or any other
right of any person or entity.
4. Members Account
All registered
Members shall receive a password and an account. Members are entirely responsible for any and
all activities which occur under their account whether authorized or not
authorized. Member agrees to notify the site
administrator or webmaster of any unauthorized use of Member’s account or any
other breach of security known or should be known to the Member. Member’s right
to use the Service is personal to the Member. Member agrees not to resell or
make any commercial use of the Service without the express written consent of HOA ProSys LLC.
5. Modifications and Interruption to
Service
HOA
ProSys LLC reserves
the right to modify or discontinue the Service with or without notice to the
Member. HOA ProSys LLC shall not be liable to
Member or any third party should HOA ProSys LLC exercise its right to modify or
discontinue the Service. Member acknowledges and accepts that HOA ProSys LLC does not guarantee continuous,
uninterrupted or secure access to our website and operation of our website may
be interfered with or adversely affected by numerous factors or circumstances
outside of our control.
6. Third-Party Sites
Our
website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are not responsible
for the availability of, or the content located on or through, any third-party
site. You should contact the site
administrator or webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Members to review said privacy policies
of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Website
Information
Information
have either been provided by HOA ProSys LLC, its licensee or collected from
publicly available sources. While HOA
ProSys LLC makes every effort to ensure that the information on this website is
accurate, we can make no representations or warranties as to the accuracy or
reliability of any information provided on this website.
HOA ProSys
LLC makes no warranties or representations whatsoever with regard to the
information provided, and you acknowledge that any reliance on representations
and warranties provided shall be at your own risk.
8. Governing Jurisdiction of the
Courts of
Our
website is operated and provided in the State of
9. Compliance with Laws.
Member
assumes all knowledge of applicable law and is responsible for compliance with
any such laws. Member may not use the
Service in any way that violates applicable state, federal, or international
laws, regulations or other government requirements. Member further agrees not
to transmit any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All
content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof are the
property of HOA ProSys LLC, its Licensees, and/or other third parties protected
by intellectual property rights. Any use
of materials on the website, including reproduction for purposes other than
those noted above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind,
without prior written permission is strictly prohibited. Members agree that they will not use any
robot, spider, or other automatic device, or manual process to monitor or copy
our web pages or the content contained therein without prior written permission
of an authorized officer of HOA ProSys LLC and/or its Licensee.
FULLfocus™
is a proprietary mark of HOA ProSys LLC.
HOA ProSys’ trademarks may not be used in connection with any product or
service that is not provided by HOA ProSys LLC, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits
HOA ProSys LLC.
All other
trademarks displayed on Licensees website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use
of other trademarks or links is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with HOA ProSys LLC.
11. Notification of Claimed Copyright
Infringement
Pursuant
to Section 512(c) of the Copyright Revision Act, as enacted through the Digital
Millennium Copyright Act, HOA ProSys LLC designates the following individual as
its agent for receipt of notifications of claimed copyright infringement.
Legal
Department
HOA ProSys
LLC
1987 Ocaso Camino
510-449-0263
eolsson@hoaprosys.com
12. Other Terms
If any
provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may be assigned by HOA ProSys LLC,
in our sole discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement
shall apply in addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of
Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our
Privacy Policy Statement.