Terms of Service

My HOA & Condo Homeowner App

Homeownly Terms of Service Updated and effective: February 1, 2019 These terms of service (“Terms”) cover your use and access to our services, website, client software, and mobile applications (collectively, the “Service“). Your use of the Service is subject to these Terms of Service (collectively, the “Terms of Service” or “Agreement”). Our Privacy Policy explains how we collect and use your information and our Acceptable Use Policy outlines your responsibilities when using our Service. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization. These Terms of Service are a legal agreement between You and Homeownly, LLC (“Homeownly”), a Arizona Corporation, for use of the Service. By using or accessing the Service, you are agreeing to these Terms, our Privacy Policy, and our Acceptable Use Policy (collectively, this “Agreement”). “You” refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms on its behalf. At any time and from time to time, Homeownly may modify the Terms. Accordingly, please continue to review these Terms whenever accessing or using the Service. After Homeownly has posted modifications to the Terms, Your use of the Service constitutes your binding acceptance of such changes. By using the Service, You signify Your irrevocable acceptance of this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Service. Introduction No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between You and Homeownly Service is intended or created by these Terms. Homeownly reserves the right to ban any member or website, elect to suspend or terminate access to the Service for any reason. The original language of these Terms is English. Homeownly may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Description of Service The Service includes, and is limited to, a service, web site, or mobile application that allows You access to and use of a single Homeownly Account. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”). Subject to these Terms, Homeownly grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. A “Homeownly Account” or “Account” referred to herein means a service, web site, or mobile application, provided by Homeownly, where You may use Homeownly to create, update, share, and publish information, data, text, messages or other materials (“User Content”). The Service lets You share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what You share via the Service. Registration In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Homeownly with an electronic mail address and other information (“Registration Data“). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Homeownly of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Homeownly cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. Kids Under 13 and Homeownly Homeownly does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Service without the express consent of such person’s parent or guardian. The Service is not intended for and may not be used by children under the age of 13. By using the Service, you represent that you’re at least 13. If you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf. In the event that we learn that we have collected personal information from a child under age 18 without verification of consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at [email protected]. Payment Service You may elect to utilize our payment service (“Payment Service”). By using the Payment Service, you authorize Homeownly to initiate either one-time or recurring payment(s) in the amount specified by You in the payment process. Upon electing to use the Payment Service, You will provide Homeownly with the necessary billing information (“Billing Data“). You may make payments using any MasterCard, Visa, or American Express credit card; PayPal; ACH or Bank Transfer; or any other payment methods the company accepts for payment. A convenience fee (“Convenience Fee”) may be charged by and remitted to Homeownly in addition to any applicable credit card or bank charge fees (“Charge Fee“) charged by the payment processing network. Collectively the Convenience Fee and Charge Fee are labeled together as a single processing fee (“Processing Fees“). A portion of the Convenience Fee may be remitted to your agent or association. Payment by card includes a %0.65 Convenience Fee and payment by bank includes a %0.75 + $0.50 Convenience Fee, which is in addition to the Charge Fee. In the event that Your bank returns Your payment for Non-Sufficient Funds (NSF), You authorize Homeownly to assess and process an automatic $25.00 NSF Fee to the same account from which Your payment was initiated. In the event that the NSF fee charged by Homeownly is returned and/or generates additional fees assessed by Your bank, You assume all responsibility for such fees. Homeownly may modify its payment payment service fees at any time without notice. Homeownly shall not be held liable for the loss, theft, or unauthorized use of payment details, account numbers, account credentials, usernames, passwords, or other sensitive information. You assume all risks and losses as a result of your disclosure of your personal information. Homeownly will not be held liable for missed or late payment fees or charges because of user error, delay, or incorrect information, including but not limited to any finance charges, late fees, or other fees. Plan your payments in advance of Your due dates to avoid such fees. The Payment Service payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. You agree to provide Homeownly accurate and complete information about You, and You authorize Homeownly to share it and transaction information related to Your use of the payment processing services provided by Stripe. Bank account verification is provided by Plaid and is subject to the Plaid Terms of Use. By agreeing to these terms, You agree to be bound by the Plaid Terms of Use, as the same may be modified by Plaid from time to time. You acknowledge and agree that payments made using the Payment Service are not considered paid or extinguished until accounted for by the association or agent. The association or agent is notified of payments made using the Payment Service daily and funds are remitted on a regular interval. The proper application of your payment(s) to your account is the responsibility of your agent or association and Homeownly assumes no liability for misapplication of Your payment(s). You may request a history of your transaction history at any time. Upon request, we will provide you with a itemized list of transaction history within 72 hours of said request. Please send all transaction history requests to [email protected]. Business Partner You are using the Service, You understand that the Service may be proposed specifically for a business partner (“Business Partner”). Business Partners may represent either an Association, Agent, or other related party which provides services to Your organization. The Service is branded as if it were the Business Partner’s offering but is offered by and managed by Homeownly. The content, access, and available features within the Service is controlled by the Business Partner and may vary from Service to Service. Homeownly is not liable for the content within the Service. If You believe a Business Partner or one of their employees is posting defamatory, abusive, or inappropriate content, please contact us right away. Perks & Sponsored Posts The service may include sponsored posts (“Perks”) which are posts featuring a product, service, or promotion from a business supplier (“Paid Supplier”). Any perk or paid sponsorship is not an endorsement by Homeownly and or the Business Partner of the Paid Supplier but shown as a convenience to You. Perks are controlled by the Business Partner and may be a paid or unpaid agreement between the Business Partner and Paid Supplier. Third Party Services and Integrations The Service is integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof. The Service may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites. Acceptable Use of the Service You must not use the Service for anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, racially, ethnically or otherwise objectionable, or is prohibited by these Terms and/or any notices elsewhere in the Agreement. You agree not to misuse the Homeownly Service or help anyone else to do so. You are solely responsible for Your User Content and the consequences of posting or publishing them on or through the Service. Warranty and Limitation of Liability We do our best to provide an awesome Service, but there are certain things we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMEOWNLY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not promise that any aspect of our software or service will work properly or continuously. Neither Homeownly nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk. Indemnification You agree to indemnify, defend and hold harmless Homeownly, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service or other right of any person or entity. Waiver of Claims Against Homeownly If you have a dispute with another Homeownly User, we hope that you will be able to work it out amicably. Please understand that Homeownly is not responsible for the actions of its Users; each User is responsible for their own actions and behavior. Accordingly, to the maximum extent permitted by applicable law, you release Homeownly (and its officers, directors, agents, subsidiaries, joint ventures and employees) from 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. Termination Homeownly may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Homeownly account (if you have one), you may simply discontinue using the Service. Copyright / DMCA We reserve the right to delete or disable content alleged to be infringing and terminate User Accounts of repeat infringers. Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Miscellaneous This Agreement constitutes the entire agreement between Homeownly and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Homeownly, or by the posting by Homeownly of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Arizona, U.S.A.