TERMS OF SERVICE
By checking the "I agree to the Terms and Conditions" box and using any of ProHOAm, Inc DBA AssociationOnline (hereafter referred to as “AO”, “us” or “we”) services, you agree to be bound by these Terms of Service. You (The person accepting the Terms of Service hereby referred to as “you” or “customer”) further agree that you have read and agree to comply with all of the below information.
AO will provide an instrument via an internet environment for Homeowner Associations, Community Associations or any other Association or organizational structure which provides services to a group of homeowners, (hereafter referred to as “HOA’s”) to house HOA information and provide certain services to HOA’s. Said information will be available to the end users to access needed HOA documentation for real estate transactions, appraisals, lender requirements, document disclosure, management efforts and homeowner needs. We may change or add to the terms of service at any time without notice. We may refuse to provide services to any person or entity, and will cancel the service to any person or entity providing false or misleading registration information, or any person or entity that violates any of the Terms of Service
AO can provide password protection for HOA information posted on our site however we do not warrant or guarantee the security or integrity of the information posted, contained, or transmitted from our service. The HOA is solely responsible for the data and documents that are posted on the site and AO will not assume any liability for wrong, misleading, old, or incorrect information posted using our service.
Passwords
By accepting the Terms of Service you agree that: 1. You are 18 years of age or older; 2. You have a legal right to view HOA documents that are posted on this site; 3. You will pay the applicable user fee for the service provided; 4. You will not share, give or provide your user name and / or password to anyone and you will be responsible for the activity that occurs under the use of you user name and password, and you agree that your rights to use the site will be terminated if you provide your password to another user; If you are aware of another user using your password you are to immediately notify AO so the old password can be terminated and a password issued; 5. HOA’s agree not to provide passwords to anyone other than verified homeowners in the HOA; you further agree not to prove any password to any HOA service related business, Realtors, Appraisers, Lenders, Title Companies, Closing Companies, or any HOA Vendor; 6. The registration information that you provided is correct and you have not misrepresented your role in order to obtain HOA information and that AO reserves the right to verify the information you provided and terminate your access to the site if the information you provided is not correct.
Content
All data and documents maintained on this site are provided by and updated by and are the sole responsibility of the HOA. AO does not monitor the content that is posted on this site, however we reserve the right to determine if any posted material in our sole discretion is unacceptable and remove such material from our site. If you believe any material has been posted illegally, infringes on any copyright laws, is obscene, or unlawful in any way you are to contact AO, and we may or may not act to remove such material and may or may not immediately block such material from public view until a determination as to the legality of such material is made.
Proprietary Rights
AO owns the AssociationOnlineTM web site and its content, property and services provided by us and/or third parties engaged by us including the object and source codes, algorithms, software, hardware, files, systems, databases, processes, IP numbers and addresses domain names, trade names, trade marks, copyrights, patents, pending patents, and any other intellectual property rights. You do not have a license or right to use any of AO’s property except what is made available to you through your agreement with AO. You will not nor will you permit any person or entity to change, copy, alter, modify, break, transfer or steal any of the AO property.
The HOA may permit you to submit content to post on the web site, subject to these Terms of Service. By creating, posting or submitting content on a web site, or permitting others to do the same, you represent and warrant that the content complies with these Terms of Service, and grant to us and our affiliates a perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) non-exclusive right and license to exercise all rights with respect to the content submitted, created or posted on AO and to cache, backup and otherwise use all such content, in order to provide Services. You agree that such caching, backup and other use is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
You agree that we may disclose content if required to do so by law or regulation or in the good faith belief that disclosure is necessary to: comply with legal processes; enforce the Terms of Service; respond to claims that any content violates the rights of third parties; protect the rights, property, or personal safety of us, other users or the public; or provide the services.
Disclaimers
Use of the AO web site and any AO property as stated in Proprietary Rights, is on an As Is and As Available basis. Any claim or cause of action which you may have due to a claim arising from the Terms of Service must be filed within one year after such claim or action or the claim or action will be forever barred. We disclaim any representation and make no warranties whether expressed or implied, of any kind, with respect to the service or property provided by AO. Neither AO, the HOA, or any party or entity involved in creating, posting documents, or delivering any service represents or warrants that the service will be timely, error free and that property used in providing services will be free of viruses or other harmful components. AO disclaims any liability or responsibility caused from inaccuracy, illegality, or inappropriateness of any content posted on AO, or the damage destruction, misuse, inability to use, or corruption of any content, data or system. Under no circumstance shall AO be liable for any indirect, special, consequential or exemplary damages including damages for lost profits, goodwill, data, time or other intangible losses related to using our service. AO will not be liable for any failure or delay in connection to the service, and for any circumstances involving war, terrorism, fire, flood, wind, sabotage, governmental intervention, strike, interruption or delay in telecommunication, failure of third party software or hardware, or any loss of power used by any equipment to provide this service. AO will not be liable for nonperformance or delay on performance caused by any reason whether within or outside of our control.
Indemnification
You agree to indemnify and hold harmless AO and all subsidiaries, affiliates, officers, employees, and representatives from all claims, liability and expenses including reasonable attorney fees arising from you using our service, your breach of any provision of the Terms of Service, or any content entered, posted, created, or transmitted by you through our service.
Severability
If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
Legal Actions
The Terms of Service and any dispute arising from the Terms of Service will be governed by and construed in accordance with the laws of the state of Colorado, excluding its conflict of laws principles. The jurisdiction of and venue for all disputes arising out of this agreement shall be in Fort Collins, Colorado and you consent to such exclusive jurisdiction and waives all objections to such jurisdiction and venue. The resale or brokering of the information provided on this site is expressly prohibited.
Trade Marks
The Trademarks, logos, and service marks on this web site are trademarks of ProHOAm, Inc and/or Association Online. You may not use, copy or distribute any of these items without prior written consent.
Acknowledgement
I have read and understand the Term of Service as described above. I also understand the user agreement may be changed at any time without notice. I also understand and agree that my company will pay the invoice on each order placed into or added through bulk orders into the website by my company within 30 days of the placement of the order or within 10 days of the closing date. Failure to pay may result in losing access to your account in addition a minimum interest charge of 12% not to exceed 21% will apply. I also understand I am bound to the terms of any other written contract between myself and ProHOAm, Inc / Association Online. I am authorized to execute this agreement on behalf of my company.