July 03, 2022
TERMS OF SERVICE
Thanks for visiting HOAfriends!
1. YOUR RELATIONSHIP WITH HOAFRIENDS
Welcome to HOAfriends (the “Website”), which is provided by HOAfriends, LLC (collectively such entities will be referred to as “HOAfriends”, “we”, “our”, or “us”). Our Services are provided to you for private, non-commercial use. For purposes of these Terms, “you”, “your”, and “users” means you as the user of the Services. These Terms of Service (“Terms”) are the rules that govern your access to and use of the HOAfriends Website, and any information, graphics, links, text, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”), as well as our relationship with you. Please read these Terms carefully and thoroughly. By using HOAfriends, and any of our other products or services that link to these Terms (“Services”), you are agreeing to be bound by these Terms. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Website, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy and Community Guidelines.
2. WHO CAN USE HOAFRIENDS
You may only access and use our Services if you are a homeowner of the community, and you will be required to confirm this prior to obtaining access to our Services. By accessing or using our Services, you confirm that you are forming a binding contract with HOAfriends, that you understand and agree that we will treat your access or use of the Services as your acceptance of the Terms, and that you will comply with these Terms, the Privacy Policy, and the Community Guidelines, and all applicable local, state, federal, and international laws, rules, and regulations. You must be at least 18 years old to use the Services and you must not be barred from accessing the Website (or any such similar websites) under any laws that apply to you.
You are responsible for any activity that occurs in your HOAfriends account. As such, it is very important that your account is kept secure. One approach to maintain a high level of security is to create a strong, unique password that is not used for any other accounts, or shared with any other person.
3. CHANGES TO THE TERMS
We are committed to improving the Services and developing new features to make HOAfriends more enjoyable for you and your community for many years to come. As a result, we may change the Services, Terms, and policies at any time and for any reason; for instance, when we update the features and functionality of our Services, or when there are changes to laws and regulatory requirements. We will strive to provide reasonable notice of any material changes to these Terms, however, you are encouraged to review the Terms regularly to learn of any new changes. To emphasize recent updates, we will update the “revised” date at the top of these Terms, which will reflect the effective date of such Terms. Once any revised Terms are in effect, you will be bound by them, and your continued use of the Services constitutes your acceptance of the new Terms. If you do not want to agree to any revised Terms, you should stop using the Services and delete your account. We do not guarantee that HOAfriends or any Content on it will always be available or accessible without interruption. We may suspend, or withdraw, or restrict access and availability of all or any part of HOAfriends for business or operational reasons. We will strive to provide reasonable notice of any suspension, or withdrawal of access, or availability as permitted. HOAfriends may also terminate these Terms with you at any time, for any reason whatsoever, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services at our sole discretion.
If we determine that you have clearly, seriously, or repeatedly breached our Terms or policies, including in particular our Community Standards, we may, at our sole discretion, suspend or permanently disable access to your account without any further discussion or clarification. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. If we take any such action, we may consider advising you of any options you may have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our Services, systems, or products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
If you decide to delete your account, or if we disable your account, these Terms shall terminate as a contract between you and us, however the following sections will survive termination: 8 – INDEMNITY; 9 – WARRANTY DISCLAIMERS; 10 – LIMITATION OF LIABILITY; 11 – ARBITRATION.
4. CONTENT ON HOAFRIENDS
Significant portions of the Content on our Website are produced by users, publishers, and other third parties. Whether that Content is posted publicly or sent privately, the Content is the sole responsibility of the person or organization that submitted it. Although HOAfriends reserves the absolute right to review or remove any Content that appears on the Website, we do not necessarily review all of it. So we cannot, and do not, take any responsibility whatsoever for any Content that others provide through the Services.
As detailed within these Terms and our Community Guidelines, we clarify that we will not tolerate the Services to be used for abusive or detrimental purposes or intents, whether intentional or otherwise. However, because we do not review all Content, we cannot guarantee that Content on the Services, or that our users’ use of our Services, will always conform to our Terms or Community Guidelines.
Users of the Services may be permitted to upload, post, or transmit (such as via a stream) or otherwise make available Content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users that combine User Content generated by more than one user. Users of the Services may also overlay music, graphics, and other elements provided by HOAfriends onto this User Content and transmit this User Content through the Services. The information and materials within User Content may not have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.
You are responsible for your use of the Services and for any User Content you provide, including compliance with applicable laws, rules, and regulations. You should only submit User Content that you are comfortable sharing with other HOAfriends users within your community. You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Website.
You warrant that any of your User Content complies with HOAfriends Terms and Community Guidelines, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content (including User Content) or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who created and/or posted such Content.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post, or display on or through the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.
5. HOAFRIENDS LICENSE TO USER CONTENT
You or the owner of your User Content still own the copyright in the User Content sent to us. We do not claim ownership of your User Content that you post on or through the Services. By submitting, posting, or displaying Content on or through the Services, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual, worldwide license (with the right to sublicense) to use, copy, modify, process, adapt, reproduce, make derivative works of, display, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented (for clarity, these rights include, for example, curating, transforming, and translating). We shall take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if HOAfriends becomes aware that one of its users has infringed copyrights, we may take reasonable steps within our power to terminate the user’s account. If you believe that your User Content has been copied in a way that constitutes copyright infringement, please report this by email at support@hoafriends.com.
This license authorizes us to make your User Content available to the rest of the HOAfriends community and to let others do the same. You agree unequivocally that such uses and rights retained by HOAfriends is made with no compensation whatsoever paid to you with respect to the User Content that you submit, post, transmit, or otherwise make available through the Services. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content and/or to further HOAfriends business interests. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) any unions or guilds, and engineers, producers, or other royalty participants involved in the creation of your User Content. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.
We, or authorized third parties, reserve the right to cut, crop, edit, or refuse to publish, your User Content at our or their sole discretion. We have the right to remove, disallow, block, or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at in the Community Guidelines. In addition, we have the right, but not the obligation, in our sole discretion to remove, disallow, block, or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You acknowledge and agree that we may generate revenues, goodwill, or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, development, research, and/or usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill, or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you may enter into with us, you (i) have no right to receive any income or other consideration from any User Content or your use of any musical works, sound recordings, or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to any other social media platform for monetization).
6. USER LICENSE TO USE SERVICES
Subject to the terms and conditions of these Terms, you are hereby granted a personal, non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Website on a permitted device, and to access the HOAfriends Content solely for your personal, non-commercial use, and solely in compliance with these Terms. HOAfriends reserves all rights not expressly granted herein in the Services and the HOAfriends Content. You acknowledge and agree that HOAfriends may terminate this license at any time for any reason, or no reason whatsoever, and whether or not such termination is communicated to you.
This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by HOAfriends, in the manner permitted by these Terms. The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the HOAfriends name or any of the HOAfriends trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of HOAfriends and its licensors. Any feedback, comments, or suggestions you may provide regarding HOAfriends or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit, and without any obligation to you whatsoever.
These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law, or otherwise.
You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
7. USER COMPLIANCE WITH LAWS, TERMS, AND TERMINATION
Upon termination of your account, we may process your User Content, in our sole discretion, in any appropriate manner we deem necessary and in accordance with our Privacy Policy (including by deleting it), and you will no longer be entitled to access your User Content. Please note: there is no technical processing within HOAfiriends available for you to be able to access your User Content following termination of your account.
We can investigate any suspected or alleged misuse, abuse, or unlawful use of HOAfriends, and will cooperate with law enforcement agencies in such investigation.
We can disclose any information or records in our possession or control about your use of HOAfriends to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
By your use of the Services, and willing compliance with the Terms and Community Guidelines, you agree not to engage in the following conduct (or to facilitate or support others in doing so):
- You agree not to use our Services to engage in or share anything that: (i) violates these Terms, our Community Guidelines, and other terms and policies that apply to your use of HOAfriends; (ii) is unlawful, misleading, discriminatory, or fraudulent; (iii) infringes or violates anyone’s rights, including intellectual property rights;
- You agree not to upload viruses or malicious code or act in any manner that could disable, overburden, or impair the proper working or appearance of our Services;
- You agree not to access or collect data from our Services using any means, including automated means, without our prior written consent, or attempt to access data you do not have permission to access;
- You agree not to (i) create more than one account for yourself; (ii) create another account if we have already disabled your account, unless you have our prior written consent; (iii) buy, sell, rent, or lease access to your HOAfriends account, a HOAfriends username, or a friend link without our prior written consent; (iv) share your password; (v) log in or attempt to access the Services through unauthorized third-party applications or clients.
- You agree not to use the Services to (i) impersonate any person or entity; (ii) falsely state or misrepresent you or your affiliation with any person or entity; (iii) intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, political affiliation, disability, sexual orientation, or age; (iv) use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services; (v) create any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; (vi) promote or distribute any content (a) which is defamatory of any person, political affiliation, obscene, offensive, pornographic, hateful, or inflammatory; (b) that would constitute, encourage, or provide instructions for a criminal offense, dangerous activities, or self-harm; (c) that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass, or upset people; (d) that contains a threat of any kind, including graphic violence, hate speech, incitements or threats of physical violence; (e) that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability, or sexuality; (vii) promote or distribute any material that, in the sole judgment of HOAfriends, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose HOAfriends, the Services, or its users to any harm or liability of any type.
- You agree not to use the HOAfriends name, logo, or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms, or with our prior written consent.
If you believe that someone has gained access to your account, please contact HOAfriends promptly via email at support@hoafriends.com
8. INDEMNITY
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless HOAfriends, LLC, our affiliates, directors, officers, stockholders, employees, licensors, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way whatsoever to: (a) your access to or use of the Services; (b) your User Content; and (c) your breach of these Terms, Privacy Policy, or Community Guidelines.
You agree to defend, indemnify, and hold harmless HOAfriends, LLC, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms, Privacy Policy, or Community Guidelines, or arising out of a breach of your obligations, representation, and warranties under these Terms, Privacy Policy, or Community Guidelines.
9. WARRANTY DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE HOAFRIENDS, LLC ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE OR MEET YOUR REQUIREMENTS. FURTHER, HOAFRIENDS, LLC DISCLAIMS ALL RESPONSIBILITY AND LIABILITY WHATSOEVER FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES, OR ANY OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT. HOAFRIENDS, LLC TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY WHATSOEVER FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH HOAFRIENDS, LLC WILL BE RESPONSIBLE FOR. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOAFRIENDS, LLC OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN UNDER THIS SECTION 9 – WARRANTY DISCLAIMERS.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOAFRIENDS, LLC AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT, EVEN IF HOAFRIENDS, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING OUR SERVICES YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL HOAFRIENDS, LLC BE LIABLE IN ANY MANNER OR EXTENT WHATSOEVER FOR ANY CLAIMS, LOSSES, DAMAGES, INJURIES, OR DEMANDS RELATING TO THE SERVICES AND YOUR USE OF THE SERVICES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE HOAFRIENDS, LLC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
HOAFRIENDS, LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; (II) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR WEBSITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR WEBSITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
11. ARBITRATION
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND HOAFRIENDS, LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
YOU AND HOAFRIENDS, LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and HOAfriends, LLC are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and HOAfriends, LLC over whether to vacate or enforce an arbitration award, YOU AND HOAfriends, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved exclusively in the U.S. District Court for the Middle District of Florida or if, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Ninth Judicial Circuit Court of Florida, Orange County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Florida will govern these Terms and any claim, without regard to conflict of law provisions.
12. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid by any court of law, having jurisdiction to decide on this matter, then that provision will be severed from these Terms, without affecting the rest of the Terms, and the remaining Terms will continue to be valid and enforceable.
13. ADDITIONAL TERMS FOR SPECIFIC SERVICES
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
14. THIRD-PARTY SERVICES
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each third party’s terms will govern the respective third party’s relationship with you. HOAfriends is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
15. HOW WE USE DATA
Your privacy is very important to us. Because of the unique social community we strive to create, ensuring your privacy and that of your entire community is a keystone principle of HOAfriends. You can learn how we manage your and your community’s information when you use our Services by reading our Privacy Policy. We encourage you to give our Privacy Policy a careful review because, consistent with that policy, by using our Services you agree with how HOAfriends uses your information.
HOAfriends will never sell your personal data to advertisers, and we will never share information that directly identifies you (such as your name, email address or other contact information) with any advertisers. Instead, HOAfriends will work with advertisers we believe you and your community would be interested in discovering, as well as work to understand the geographic or demographic audiences these advertisers would like to reach. We may provide advertisers with data regarding the performance of their advertising that help them understand how people are interacting with their content. For example, we may provide general demographic and buyer interests information to advertisers to help them better understand their HOAfriends consumers.
16. FINAL TERMS
These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and HOAfriends, LLC and supersede any prior agreements.
17. CONTACT US
HOAfriends, LLC welcomes questions, concerns, suggestions, or comments. Please contact us by email at: support@hoafriends.com.
