These Terms govern your access to and use of: (i) the Hoampage website available at: https://www.hoampage.com/ (the “Site”) , (ii) the online platform made available via the Site and the community forum, features, functionality, and services accessible through such Platform (“Platform”) (collectively, the “Services”), whether you access the Services as (i) a Community Management Company or Homeowner Association management company (together “HOA Administrator”) or (ii) as a homeowner (“Homeowner”), collectively the “Users”.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site 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.
- Platform Access. Subject to your compliance with these Terms, Hoampage grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services. 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).
- 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.
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 are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, 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 make the Account Content available to all Users and to reproduce, display, distribute, and modify all such Content.
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 Platform and you use the Platform at your own risk. By accessing or using the Platform you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Platform.
- 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, defamatory, or scandalous.
- 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, spam, or misleading advertising or commercial messaging.
- impersonate or attempt to impersonate another person, or create an account for any person other than yourself without that other person’s permission.
- 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.
- impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with a person or organization.
Homeowners shall promptly notify Hoampage if they become aware of or reasonably suspect any illegal or unauthorized activity involving the Community Forum and For Sale Feature. Homeowners shall not upload or transmit to the Platform 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 Platform. Homeowner shall be solely responsible for any damages resulting from provision of these materials, and for obtaining all rights from their owners.
- 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.
- HOA 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 content and material via the Services to their Homeowners (collectively, “HOA Content”). HOA Content is not generated, monitored, or controlled by Hoampage.
HOA Content must be relevant. Hoampage is not responsible for any HOA Content. You are responsible for all HOA Content and for the legality, originality, and appropriateness thereof. By providing HOA Content you warrant that (a) you are the creator or owner of that HOA Content or that you otherwise have the rights, permissions, and consents necessary to provide the HOA Content and to allow us to use that HOA Content as permitted by these Terms, and (b) that any HOA Content you provide will not cause Hoampage to violate any law or regulation. By providing HOA Content, you agree not to claim that any use of HOA 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 HOA Content that you provide, subject to the license granted to Hoampage below.
HOA Content may be monitored. Hoampage reserves the right, but does not have the obligation, to review, prescreen, edit, redact, otherwise modify, recategorize, or delete HOA Content at any time and for any reason. Hoampage has no obligation to archive or otherwise store any HOA Content.
We can remove or restrict access to HOA Content that is in violation of these Terms and any relevant community guidelines. If we remove HOA Content that you have shared in violation of the Terms, we’ll let you know. If we determine that you have clearly, seriously or repeatedly breached these Terms or any applicable Community Rules and Guidelines that may appear on the Platform, we may suspend or permanently disable access to your Account. 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 you provide HOA Content, you grant Hoampage a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide license to copy, reproduce, implement, modify, adapt, reformat, translate, excerpt, prepare derivative works of, publish, display, and otherwise use and distribute (in all media and distribution methods now known or later developed) HOA Content for any purpose, including developing, manufacturing, and marketing products and services.
- Restrictions on Your Use of the Services. In addition to the restrictions stated in these Terms, Users will not:
- 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.
- Will not 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.
- 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.
- Intellectual Property Rights. The Services include 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. The Services are 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. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Copyright © 2023 Hoampage, Inc. All rights reserved.
- 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 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 commercially reasonable efforts to ensure that all material, data, and other information on the Services are accurate and reliable, but neither accuracy nor reliability can be guaranteed. Hoampage does not warrant or guarantee the quality, completeness, timeliness, or availability 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 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 are 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 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 direct, 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 is to stop accessing and using the Services. Without limiting the foregoing, in no event will Hoampage Parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, 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 misuse of any 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.
- 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 for 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 unless otherwise determined by Hoampage in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. 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. 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.
- 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, shall 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 the 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 shall 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 the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. 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. The parties shall share equally in the costs assessed for the arbitration, and 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 shall 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, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. 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,
- Survival. This Arbitration Agreement provision will survive the termination of these Terms.
- Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.
- Contact Us. Please direct any questions and concerns regarding these Terms to us at:
Page Per Page
c/o Hoampage, Inc.
2535 W. Fairview St. #104
Chandler, AZ 85224