2) ABOUT THE SERVICE
HOPB is not a law firm and does not and will not perform services performed by an attorney. HOPB is NOT a substitute for the advice of an attorney. Instead, HOPB provides an online portal to help visitors identify opportunities or commonly encountered issues in the Homeowners Association, Condominium Association, Cooperative Housing, Common Interest Development, Planned Development and the like (collectively referred to as the "HOA") industry giving visitors resources to read and understand the laws that govern HOA communities. Our visitors voluntarily chose to prepare their own HOA related documents, submit templates to licensed attorneys for modification, and/or for education purposes. HOPB assists visitors in reviewing forms, documents or templates and the like (collectively, "Forms") and answers for information accuracy and completeness and the like. HOPB cannot provide legal advice nor draft specific Forms for a specific entity, individual or situation. The Forms contained herein are drafted for general use only. HOPB cannot provide any kind of advice, explanation, opinion, or recommendation to you about possible legal rights, remedies, defenses, options, selection of forms or strategies. HOPB, its Services, and its Forms are not a substitute for the advice or services of an attorney.
HOPB strives to keep its Forms and resources accurate, current and up-to-date. However, due to the rapid law changes, HOPB cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind HOPB provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, in all cases, especially those that are very particular or complex in nature, HOPB encourages you to seek the advice of a licensed attorney for your jurisdiction.
HOPB may introduce you to licensed attorneys through various referral methods. However, at no time is an attorney-client relationship fostered or created with HOPB due to these complimentary services, for which HOPB does not take any fee or engage in any profit-sharing. Whether or not you choose to pursue such referral or related legal services is entirely your decision and is provided by HOPB only as a courtesy.
3) REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 years old and a resident of the United States to register for and use the Service. If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from HOPB. You agree to notify us immediately of any unauthorized use of your password and/or account. HOPB will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You may be held liable for any losses incurred by HOPB, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
4) USE OF FORMS
HOPB may provide you with access to self-help "fill in the blank" Forms. If you choose to purchase, download, and/or use a Form, you understand that the Form is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.
a) License to Use.
HOPB grants you a limited, personal, non-exclusive, non-transferable license to use our for your own personal use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
b) Resale of Forms Prohibited.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal use or used by you in connection with your client and may not be sold or redistributed without the express written consent of HOPB.
5) USE RESTRICTIONS.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- Use the service for any unlawful purpose or for the promotion of illegal activities;
- Attempt to, or harass, abuse or harm another person or group;
- Use another user’s account without permission;
- Provide false or inaccurate information when registering an account;
- Interfere or attempt to interfere with the proper functioning of the Service;
- Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
6) POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. HOPB, however, reserves the right to remove any User Content from the Service at its discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. HOPB is not responsible for any public display or misuse of your User Content. HOPB does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
7) ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by HOPB, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. HOPB does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does HOPB adopt nor endorse, nor is HOPB responsible for, the accuracy or reliability of any opinion, advice, or statement made by Parties other than HOPB. HOPB takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will HOPB be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
8) LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, HOPB may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third Parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. HOPB has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by HOPB, and HOPB is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by HOPB. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
9) COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
a) Termination of Repeat Infringer Accounts. HOPB respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, HOPB has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. HOPB may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to HOPB’s designated agent at 2338 W. Royal Palm Road, Suite J, Phoenix, AZ 85021-9339: The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by HOPB copyright agent, HOPB may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in HOPB’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
10) LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to HOPB a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
11) INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
12) EMAIL MAY NOT BE USED TO PROVIDE NOTICE
13) USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about HOPB and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org.
Opting out may prevent you from receiving messages regarding HOPB or special offers.
14) WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, HOPB EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HOPB MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
15) LIMITATION OF DAMAGES; RELEASE
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our 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. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
17) DISPUTE RESOLUTION BY BINDING ARBITRATION
HOPB's goal is to resolve all customer concerns quickly and to the customer's satisfaction. This can be accomplished by calling our Customer Care Center at (800) 870.0916. Should the HOPB Customer Care Center be unable to resolve your complaint to your satisfaction, or if HOPB has not been able to resolve a dispute it has with you after good faith attempts to do so informally, there shall be a mutual agreement to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction.
Arbitration may be initiated by any party by sending written notice of its intention to arbitrate (“Notice”) to HOPB or at its registered agent and Customer’s last known address and to the AAA office as set forth above. The Notice will contain a description of the claim, dispute, or controversy and the remedy requested. In no event may any demand for arbitration be made after the date when the institution of a legal or equitable proceeding based on the claim, dispute or controversy in question would be barred by the applicable statute of limitations or laches. For any claim requesting relief or an award of less than Twenty Thousand Dollars ($20,000.00), the arbitration will be conducted before a single independent and impartial arbitrator selected pursuant to the Commercial Arbitration Rules of the AAA. For any claim requesting relief or an award of greater than Twenty Thousand Dollars ($20,000.00), the arbitration will be conducted before a panel of three independent and impartial arbitrators selected pursuant to the Commercial Arbitration Rules of the AAA. Unless otherwise mutually agreed, all arbitrators shall be lawyers licensed by the State in which the claim arises, with five or more years experience in the practice of Commercial Law and approved to be on an AAA Panel.
The arbitrator will deliver the decision or award in writing with a summary of the reasons for the decision or award, and the decision or award shall be final and binding on all Parties, their successors and assigns. In an appropriate case, the arbitrator may grant a motion to dismiss the claim or a motion for summary deposition of the claim. Judgment on the decision or award may be entered by any court having jurisdiction. Fees and costs of the arbitration will conform to the AAA fee schedule in effect at the time of the arbitration and will be shared equally by the Parties.
‘This Agreement shall not prevent any party from requesting a consumer claim inspection by any authorized state agency, and such agency must be allowed to complete any informal dispute resolution process prior to any arbitration proceeding.
This Agreement is an election to resolve claims, disputes, and controversies by arbitration rather than the judicial process. IT IS UNDERSTOOD THAT THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL OR A TRIAL IN COURT. The Parties understand that the rules applicable to arbitrations and the rights of Parties in arbitrations differ from the rules and rights applicable in court. The arbitration will be conducted at an appropriate time and place set by the arbitrator or panel in the county of sale. Customer(s) acknowledge receipt of a copy of this Agreement.
18) GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of HOPB to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.