1. ACCEPTANCE OF TERMS
Hoacare.com (“the Site”) is wholly owned by HOA Care LLC and provides its service to you subject to the following Terms of Service, which may be updated from time to time without notice to you. You can review the most current version of the Terms of Service at any time at: http://www.hoacare.com/terms/.
USE OF THE SITE SIGNIFIES AGREEMENT WITH THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS PLEASE LEAVE THE SITE IMMEDIATELY.
2. CONTENT AND COMMUNICATIONS
All materials contained in this website are protected by international trademark and copyright laws. Materials refers to any word, sound, image, file, link, data, or other representation contained in or generated by the Site. These Materials are protected by federal copyright laws. The reproduction, duplication, distribution, publication, modification, copying or transmission of material from this website is strictly prohibited unless you have obtained the prior written consent from the site owner, HOA Care LLC.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, HOA Care LLC.
The Site may, but is not obligated to, include the ability to post comments, send e-mail to the site owner or other individuals, participate in forums, or other means of communication. You may not communicate, any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate the law.
By contacting us directly by telephone, postal mail, or e-mail, HOA Care LLC assumes permission to contact you about its services, upcoming events, or other announcements which may interest you via postal mail, facsimile, email, email newsletter, and telephone. You reserve the right to opt-out of these communications by contacting us in writing (via postal mail or email) or by unsubscribing using links provided on email communications sent to you.
WE WILL NOT DISCLOSE YOUR PERSONAL INFORMATION TO ANY THIRD PARTY.
You agree to indemnify and hold the Site and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of communications or other content you submit, post, transmit or otherwise make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Service, or your violation of any rights of another.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- THE SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
7. GOVERNING LAW
All questions concerning the construction, interpretation, and validity of these Terms of Service shall be governed by and construed in accordance with the domestic laws of the State of California without giving effect to any choice, conflict of law, provision or rule (whether in the State of California or any other Jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
8. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement regarding this matter, and supersede the provisions of any other agreements or understandings (oral or written) between you and the Site.