Please read these Terms of Use (“Terms”) carefully as they are binding legal contract between you and P.R. Hoffman, LLC d/b/a Hoampage (“Hoampage,” “we,” “us,” or “our”).
These Terms govern your access to and use of: (a) the Hoampage website available at: https://www.hoampage.com/ (the “Site”), and (b) the online platform made available via the Site and mobile application (“Platform”) (collectively, the Site and the Platform are referred to as the “Services”). These Terms apply to use of the Services whether you access the Services (i) as an unregistered user or as a registered user for a specific homeowners’ association (“HOA”), (ii) as a Community Management Company or HOA management company or board member (together “HOA Administrator”), (iii) as a homeowner, or (iv) as a vendor to an HOA, each of which is a “User”, and collectively, the “Users”.
By using the Services, you agree on behalf of yourself and any organization that you represent (together, “you”) that you have read and understand these Terms and acknowledge our Privacy Policy. If you do not agree with these Terms, do not access or use the Services.
Please note that Hoampage does not own, operate, govern, manage, or control any HOA. For any issues related to your HOA, Users are directed to the HOA Administrator. Hoampage is solely a technology provider to such HOAs. Hoampage is not an HOA board member, community manager, property manager, escrow agent, debt collector, marketplace seller, or party to transactions between Users and does not determine assessments, fines, violations, architectural decisions, election results, community rules, or the accuracy of HOA Content.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Notice of material changes will be conspicuously posted on the Services or otherwise communicated to you. By using the Services after changes are posted, you agree to those changes.
ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. These Terms contain a binding arbitration provision. You agree that all disputes between you and Hoampage will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
Privacy Policy.
We collect personal information when you use the Services. Our Privacy Policy describes our collection, use, and disclosure of personal information.
Intellectual Property Rights.
The Services include the Site and the Platform and all text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of services, documentation, other components and content, and the design, selection, and arrangement of content. The Services are exclusively the property of Hoampage or its licensors. The Services may be protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Services or related intellectual property belonging to Hoampage or any third party is strictly prohibited. Except for the rights expressly granted to you in these Terms, Hoampage retains all other ownership rights in and to the Services, including all intellectual property rights.
Services Access.
Subject to your compliance with these Terms, Hoampage grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free right to access and use the Services as Hoampage makes the same available from time to time. Hoampage may update, modify, add, or remove any features or functions of the Services from time to time without notice to any Users. Unauthorized use of the Services is a violation of these Terms and may result in the termination of these rights and your Account (as defined below).
Accounts; Access to Platform.
Certain features and functionality of the Services require creation of an account (“Account”). You understand and agree that by creating an Account, you are authorizing Hoampage to share certain data with your HOA, as more fully described in our Privacy Policy.
Use of Your Account.
You are responsible for maintaining the confidentiality of any information you use in connection with your Account, including your username and password. You are responsible for all activity on your Account. If you believe someone else has accessed your Account, please change your password and notify us immediately.
Account Ownership.
You must be at least 18 years of age to register an Account. You do not have any ownership or other property interest in your Account. Your Account and all rights in your Account are owned by us. However, subject to your compliance with these Terms, you are allowed to use your Account as set forth in these Terms. You may not sell, transfer, license or assign your Account, username, or any Account rights. You must be an authorized resident, owner, tenant, board member, manager, or vendor of the applicable HOA to register an Account. Each User must have an individual account and may not share credentials. Each HOA determines Account eligibility and may revoke eligibility in accordance with its policies. Each User must keep property, contact, and account information current.
Account Monitoring.
We may, but have no obligation to, remove, edit, block, and monitor Accounts or Account Content that we determine, in our sole discretion, violate or breach these Terms. You understand and agree that Hoampage cannot and will not be responsible for the Account Content submitted to the Services and you use the Services at your own risk. By accessing or using the Services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Platform.
Integrations.
Certain of the features on the Services may allow integrations to one or more third party tools. Hoampage is not responsible for any such third party tools and you use such tools at your own risk and discretion. Our ability to continue to make these integrations available is dependent upon the third party tool and as such we make no guarantee or warranty that such feature or function will remain active. If you elect to activate any such feature or function, you are expressly permitting Hoampage to share all necessary data and Account Content with such third party and you will hold us harmless as a result of any such disclosure.
Account Content.
You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, requests, links and other content or materials that you submit or upload via the Platform (collectively, “Account Content”). By providing any Account Content you grant Hoampage a license to use the Account Content to provide the Services and make the Account Content available to the applicable HOA and intended recipients. Users within the HOA and to reproduce, display, and distribute all such Content. Visibility of the Account Content to other Users depends on the feature used. Users should not assume Account Content is confidential unless expressly contemplated by the applicable feature. Account Content is not generated, monitored, or controlled by Hoampage, but may be retained by Hoampage as reasonably necessary. Account Content must be relevant to the topic, feature or function with which it is submitted. Hoampage is not responsible for any Account Content. The Services are not intended for use in emergencies.
Each User is solely responsible for the legality, originality, and appropriateness of all Account Content submitted by or on behalf of such User. By providing Account Content you warrant that (a) you are the creator or owner of that Account Content or that you otherwise have the rights, permissions, and consents necessary to provide the Account Content and to allow us to use that Account Content as permitted by these Terms, and (b) that any Account Content you provide will not cause Hoampage to violate any law or regulation. By providing Account Content, you agree not to claim that any use of Account Content by us or any third party infringes or violates your or any other person’s intellectual property rights or other rights. You retain any copyright or other intellectual property right you may have in Account Content that you provide, subject to the license granted to Hoampage below.
Account Content may be monitored. Hoampage reserves the right, but does not have the obligation, to review, prescreen, edit, redact, otherwise modify, recategorize, or delete Account Content at any time and for any reason. Hoampage has no obligation to archive or otherwise store any Account Content. We can remove or restrict access to Account Content that is in violation of these Terms and any relevant community guidelines. If we remove Account Content that you have shared in violation of these Terms, we will provide notice when reasonably practicable. We may suspend and terminate your account for posting or submitting Account Content that Hoampage deems inappropriate or that we reasonably believe violates applicable laws or these Terms.
Hoampage is not the HOA’s permanent system of record or repository. Account Content may be deleted after termination of an Account or in the event the HOA migrates away from the Services. Users and HOA Administrators are responsible for retaining legally required records as Hoampage has no obligation to maintain Account Content. Legal holds and statutory record obligations remain with the HOA and Users. We may, but have no obligation to remove, edit, block, and monitor Account Content posted or otherwise shared through any features on the Services. Users must never engage in any of the following when using the Services, which are violations of these Terms and may result in the immediate suspension or termination of a User’s account:
- post or send unsolicited messages, chain letters, spam, or junk mail.
- post content that is abusive, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, libelous, or defamatory.
- post content that violates applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, and privacy laws.
- post or engage in fraudulent, spoofed, untruthful, false, or misleading advertising or commercial messaging.
- impersonate or attempt to impersonate another person, misrepresent your identity or affiliation with an entity, or create an account for any person other than yourself.
- mislead or misrepresent products and goods for sale.
- commit a criminal offense or encourage others to conduct what would constitute a criminal offense or give rise to any civil liability.
- dox another person, or post content that includes another person’s private or personal information.
- advocate, promote, or otherwise encourage violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence.
Users must promptly notify Hoampage if they become aware of or reasonably suspect any illegal or unauthorized activity through the Services. Homeowners may not upload or transmit to the Services any copyrighted or other proprietary materials without permission from the owner with authorization to allow public display of such material and such other rights as are necessary to use the materials as they are used with the Services. Users will be solely responsible for any damages resulting from provision of these materials, and for obtaining all rights from their owners.
HOA Users and Content.
The Services allow HOA Administrators to create, post, transmit, upload, publish, distribute, submit, and otherwise provide comments, documents, data, text, downloadable files, images, and other Account Content and material via the Services on behalf of the HOA (collectively, “HOA Content”). HOA Content is Account Content that is not generated, monitored, or controlled by Hoampage.
Payment Data.
Payments made through the Services must be made by credit or debit card. Information about our collection and use of payment-related data is described in our Privacy Policy. If the credit or debit card data that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor.
SMS Texting Terms
The Services may allow you to enable certain HOA and Account text alerts, which may include request status updates, work order and estimate updates, payment confirmations, payment due reminders, and HOA community postings such as documents, forms, news, calendar events and votes. Text messages come from Hoampage and name your community. We do not send marketing or promotional messages. If you submit a valid cell phone number to us, we may text you an invitation to receive your link to register for texts from Hoampage concerning your HOA. You may provide only a mobile number for which you are the subscriber or customary user and are authorized to provide consent. By registering for text alerts, you consent to receive recurring automated text messages from Hoampage concerning your HOA at the mobile number you provide. Message frequency varies based on your community’s activity. Message and data rates may apply. Reply HELP for help or STOP to cancel at any time. Consent is not a condition of any purchase. Neither Hoampage nor any carriers are responsible or liable for any delayed or undelivered messages. Opting out of texts that you previously requested will not opt you out of other communications from Hoampage.
Suspension and Termination.
Hoampage may, for any reason and in its sole discretion, suspend or terminate your Account or your access to or use of the Platform, and may terminate these Terms, without notice or liability, including if you breach these Terms or if we suspect you have breached these Terms; upon any unauthorized use of your username or password; if you act in an abusive manner; if you act in a manner inconsistent with applicable laws or regulations; if required by law; or if it becomes no longer commercially viable to provide the Platform. If we suspend or terminate your Account, you will not create another Account without our prior written permission. Upon any termination of these Terms you must immediately stop accessing and using the Platform.
We may also terminate your access to the Platform if we believe you have materially breached these Terms or your use of the Platform otherwise presents any legal or other risk to Hoampage or any third party. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease and your Account Content and access to Services will no longer be accessible through your Account.
Restrictions on Your Use of the Services.
In addition to the restrictions stated in these Terms, Users may not use the Services in connection with any of the below and doing so may result in immediate suspension or termination of the applicable Account:
- Uploading Account Content consisting of covert recordings or images obtained unlawfully;
- Violate these Terms or any applicable community rules and guidelines that may appear on the Platform.
- Use the Services for unlawful or criminal purposes.
- Copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Services or any part of the Services without Hoampage’s prior written consent.
- Submit inaccurate, incomplete, or out-of-date data via the Services, commit fraud or falsify data in connection with your use of the Services, or act maliciously against the business interests or reputation of Hoampage.
- Submit or otherwise provide content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful.
- Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services for purposes of creating or compiling that content for any purpose not authorized or contemplated by these Terms.
- Access, use, or copy any portion of the Services, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- Use the Services to post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Services or any computers, hardware, software, system, data, or networks.
- Engage in activities designed to render the Services or associated services inoperable or to make their use more difficult.
Copyright Policy.
Hoampage has adopted and reasonably implements a policy providing for the termination, in appropriate circumstances, of Users who are repeat infringers of copyright. Hoampage may suspend or terminate an Account if Hoampage determines, in its reasonable discretion, that the User has repeatedly infringed the copyrights or other intellectual property rights of others.
If you believe that any Account Content made available on the Services is infringing your copyrighted materials, you may submit a request to us under the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Such request must be made via written notice to our designated agent listed below, that includes the following:
- A description of the copyrighted work(s) that you claim have been infringed;
- A description of the allegedly infringing material, including its location within the Services with reasonably sufficient detail to allow us to locate it;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your email address, telephone number, and mailing address;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Compliance with Laws.
When you use the Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.
NO WARRANTY.
THE SITE, PLATFORM, AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. NEITHER HOAMPAGE NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE SERVICES. HOAMPAGE MAKES NO GUARANTEE, WARRANTY, OR REPRESENTATION THAT ANY MATERIAL, DATA, ACCOUNT CONTENT, OR OTHER INFORMATION ON THE SERVICES ARE ACCURATE OR RELIABLE. THE CONTENT FOR EACH HOA IS MADE AVAILABLE BY THE HOA ADMINISTRATOR AND THE APPLICABLE HOA USERS AND HOAMPAGE HAS NO INSIGHT INTO THE ACCURACY OR LEGALITY OF THE SAME. WE DO NOT WARRANT OR ENDORSE ANY ACCOUNT CONTENT AND SUCH CONTENT IS SOLELY THE RESPONSIBILITY OF THE USER WHO PROVIDED SUCH CONTENT.
HOAMPAGE DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICES OR ANY COMPONENT OF THE SERVICES. HOAMPAGE DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. HOAMPAGE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOAMPAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND ALL HOA CONTENT AND SERVICES PROVIDED BY ANY HOAS OR ACCOUNT CONTENT POSTED BY A HOMEOWNER, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM STATUTE, A COURSE OF DEALING, OR USAGE IN TRADE. HOAMPAGE HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM HOAMPAGE OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY.
WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SERVICES FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY DATA FROM THE SERVICES, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION THE STATE OF NEW JERSEY, PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOAMPAGE, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “HOAMPAGE PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER DATA INTO THE SERVICES), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A HOAMPAGE PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY DAMAGE IS TO STOP ACCESSING AND USING THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL HOAMPAGE PARTIES’ LIABILITY TO YOU UNDER THESE TERMS EXCEED $100 USD, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION, THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification.
You will indemnify, defend, and hold harmless Hoampage Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Services (including all content and/or services provided by you or an HOA, as applicable), your Account Content, your misuse of any Account Content, material, data, or other data downloaded or otherwise obtained from the Services, or your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Third-Party Websites, Services, and Content.
The Services may link to, or be linked from, websites not maintained or controlled by Hoampage, offer third party services or integrations, and contain third-party content. Those links and such content are provided as a convenience and Hoampage is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. When you access a third-party website via the Services, the terms and policies of that website will apply, and not these Terms. You should read the terms of use and privacy policy for each website that you visit and are responsible for complying with any applicable third-party terms.
Linking to the Services.
If you operate a website and are interested in linking to the Services: (a) the link must be a text-only link and clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Hoampage’s names and trademarks; (d) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Hoampage; and (e) the link, when activated by a user, must display the Services full-screen and not within a frame. Hoampage reserves the right to revoke consent to link to the Services at any time in its sole discretion, either by amending these Terms or through other notice.
Feedback.
Hoampage welcomes comments regarding the Services. If you submit comments or feedback to us regarding the Services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
Disputes; Governing Law.
These Terms are governed by the laws of the state of Arizona, without regards to its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Maricopa County, Arizona, with respect to any dispute arising under these Terms. Any cause of action or other claim with respect to the Services must be commenced within one year after the cause of action or claim arises, excluding any obligation for payments by you or your Account Content. The United Nations Convention for the International Sale of Goods does not apply.
ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH HOAMPAGE AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement.
Excluding small claims court remedies, any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, will be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of Hoampage’s intellectual property or other proprietary rights, Hoampage may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief does not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
This Arbitration Agreement applies to you and Hoampage, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Services provided under the Terms.
Arbitrator.
The arbitration proceeding will be administered by JAMS before an arbitrator selected pursuant to the JAMS Comprehensive Arbitration Rules & Procedures. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.
Place.
The place of arbitration will be in Maricopa County, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, governs the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement.
Confidentiality.
The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party unless required by law, to professional advisors, or as required to pursue statutory or regulatory rights.
Survival.
This Arbitration Agreement provision will survive the termination of these Terms.
Miscellaneous.
Assignment.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent.
Third-Party Beneficiaries.
These Terms do not confer any rights, remedies, or benefits upon any person other than you and Hoampage, except that our affiliates are third-party beneficiaries of these Terms.
Interpretation.
These Terms, including our Privacy Policy, are the entire agreement between you and Hoampage with respect to your access to and use of the Services. Hoampage’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Hoampage. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of Hoampage’s successors and assigns.
Survival.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Services.
Electronic Communications.
These Terms and any other documentation, agreements, notices, or communications between you and Hoampage may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Contact Us.
Please direct any questions and concerns regarding these Terms to us using one of the following methods:
Email: info@hoampage.com
Contact Form: https://www.hoampage.com/contact/
