Precedent Management, LLC.

 

TERMS OF USE

 

Welcome to Precedent Management, LLC.’s (“we”, “our”, “us”, or “Precedent”) HOAHelp.com website (the or this “Website”). The goal of the Website is to provide a convenient and easy way to indentify Community, Condo or Home Owner Associations (“COA/HOA”), obtain COA/HOA contact information, conduct COA/HOA lien searches and even request certain COA/HOA documents (“collectively, the or our “Services”). THE TERMS AND CONDITIONS (THE “TERMS”) SET FORTH BELOW FORM AN AGREEMENT THAT GOVERNS YOUR USE OF THE WEBSITE AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. BY ACCESSING ANY AREAS OF THIS WEBSITE OR THE SERVICES PROVIDED, YOU (“YOU” AND “YOUR”) ACCEPT AND AGREE TO BE BOUND BY (1) THE TERMS, AND (2) Precedent’S PRIVACY POLICY, AVAILABLE AT [OUR PRIVACY PAGE ] (“PRIVACY POLICY”).

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE and the services provided on or through the websiTe.  If you do not agree WITH the Terms OR PRIVACY POLICY, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE AND/OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE.

                                                    

1.      Privacy of Information

Use of the Website and Services is also governed by our Privacy Policy. You agree that by registering on our Website or using our Services you have agreed to our Privacy Policy. For more information, please review our full Privacy Policy, which is incorporated into the Terms by reference. You acknowledge and understand that although we strive to maintain the necessary safeguards to protect your personal data, we cannot ensure the security or privacy of information you provide through the Internet and your email messages. You agree to release us, our shareholders, officers, directors, employees, and agents, successors and assigns, from all claims, demands, damages, losses, liabilities of every kind, known and unknown, direct and contingent, disclosed or undisclosed, arising out of or in any way related to the release or use of such information by third parties.    

2.      Email Communications 

 

You acknowledge, understand and agree that we and other sites (or our agents) may send you email communications that include messages about our Services and your account with us and services offered by our other sites, if any, and third parties. We also communicate with you as part of our Services and your account with us. You agree and consent that any notice, agreements, and other communications we send to you electronically will satisfy any legal requirements, including, without limitation, that such communication be in writing. You may opt out of receiving these communications from us.

 

3.      User Content

 

You are solely responsible for any content that you submit, post or transmit via our Website, our Services and/or email communication to us.  You agree not to post or submit any content that: (a) is libelous, defamatory or slanderous; (b) involves the transmission of “junk mail” or unsolicited mass mailing or Spam; (c) solicits passwords or personal indentifying information for commercial or unlawful purposes from other users; (d) engages in commercial activities and/or sales without our prior written consent; (e) contains any identifiable personal contact information (other than for purposes of registration for the Services); (f) is untrue, inaccurate and incomplete information; or (g) falsely represents your affiliation with any person or entity.

 

4.      Registration

 

Accessing the Services or certain areas on the Website is restricted to registered users and you must create a user account to gain such access. You will be required to select a username and password when completing the registration process. You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. We may refuse to grant you a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. Your username and password are not transferrable and may not be assigned. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username and password or any other breach of security, and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section 4.

 

5.      Third Party Links

From time to time our Website may also include links to third party websites.  The inclusion or access to third party websites does not signify that Precedent endorses the website(s). Third party websites are not under the control of Precedent and Precedent is not responsible for such third party websites, including without limitation, the accuracy, sufficiency, correctness, reliability, veracity, completeness or timeliness thereof, any links therein, or any changes or updates thereto.  Precedent reserves the right to terminate any link or linking program at any time.  

Our Terms and Privacy Policy apply only when you are on this Website. Different terms, conditions and privacy policies will apply when you access or use third party websites.

 

6.      Minors

 

Our Website and Services are intended ONLY for persons 18 years or older and who have otherwise attained the age of majority and legal consent in the jurisdiction of their residence. We will not knowingly permit anyone who does not meet these criteria to use our Website and Services. By using our Website and/or using our Services, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all the terms and conditions set forth herein. You also represent and warrant that you will not allow any minor to access this Website or use our Services.

 

7.      Refund Policy

 

You agree that all third-party fees or costs incurred by Precedent in connection with providing you the Services, information, materials and/or documents you purchased or obtained on or through Website or via email from us are non-refundable.  The fees charged by Precedent for its Services may be refundable as determined by Precedent in its sole discretion.

 

8.      Customer Service

 

Our customer service representatives are available to answer any question you may have about our Website and Services and to enhance your experience using our Website and/or Services and Website and their features.

 

9.      Restrictions

 

Unless explicitly specified or with express written permission from Precedent, you may not and agree that you will not:

a)    use or permit others to use the Website and/or Services in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;

b)    use or permit others to use the Website to attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Website;

c)    use or permit others to use the Website and/or Services to violate any applicable local, state, national or international law or regulation;

d)    access or attempt to access password protected, secure or non-public areas of the Website;

e)    create links from any website or web page to any page within the Website, and you agree that if Precedent in its sole discretion, requests in writing that you remove any link or links to the Website, you will promptly do so.

10.    DISCLAIMER

 

The Website and all SERVICES, CONTENT, INformation, materials and documents provided on or through the Website or via email from Precedent, are all provided on an “as is” and “as available” basis.  Precedent expressly disclaims all warranties of any kind, whethter express or implied, including, but not limited to, the implied warranties ofr merchantability, fitness for a particular purpose and non-infringemet with respect to the website and all services, content, information amd documents provided on or through the website or via email from Precedent.  Precedent makes no warranty that:

A)   the website and services, content, information and/or Documents purchased or otherwise obtained on or through the website or via email from Precedent will meet your requirments;

B)   the results that may be obtained from the use of the website or services will be accurate, complete, sufficient, appropriate and/or reliable;

C)   the quality of any services, content, information and/or documents PURCHASED oR OTHERWISE obtained by you on or through the website or via email from Precedent will meet your expectations;

D)   the website will be available on an unitnerrupted basis;

You expressly agree that the use of this Website and/or the services, content, information or documents provided or obtained on or through the website or via email from Precedent, is at your own discretion and risk and you will be solely responsible for any damages to your computer system, loss of data or any other damages that results from the download or use of the website and/or services, content, information or documents purchased or otherwise obtained through the websiteor via email from us.

11.    LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Precedent BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATE OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE WESBITE OR ANY SERVICES, CONTENT, INFORMATION OR DOCUMENTS PROVIDED ON OR THROUGH THE WESBITE OR VIA EMAIL FROM Precedent.

Because some states/jurisdictions does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

If you are dissatisfied with any portion of the Website or related Services, or with any of the terms of use, your sole and exclusive remedy is to stop using the Website and related Services.

12.    Indemnification

 

You agree to indemnify and hold Precedent, its shareholders, directors affiliates, officers, agents, and employees, licensors and all third parties that provide content, information or services for the Website, harmless from and against any and all claims, suites, demands, proceedings, liabilities, losses, damages, costs and expenses whatsoever, including but not limited to, reasonable attorneys’ fees and disbursements, court costs or arbitration costs, made by any third party due to or arising out of your use of the Website and/or the Services, content,  information or documents obtained on or through the Website or via email from Precedent.

 

13.    Updates

 

Precedent reserves the right, at our discretion, to make changes to or modify these Terms at any time with or without notice. Any updated version supersedes and replaces any prior versions upon posting and the prior version is of no further force and effect unless we specifically state otherwise. We will indicate the last update date at the end of these Terms. You agree to note the last update date of the version you read and agree to periodically check these Terms for changes, modifications or updates. Your continued use of this Website following the posting of changes or modifications to these Terms will mean you accept those change or modifications. You may also be required to affirmatively agree to the Terms and any changes or modifications to the Terms.

 

14.    Proprietary Rights  

 

You acknowledge and agree that all content and materials available on our Website are protected by either our rights, or the rights of our licensors or other third parties, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights. You may not use any of the marks, logos, domains and trademarks that you may find on our Website unless you have prior written permission. Except that which is public domain or for which you have been given express written permission by us, you agree not to sell, license, loan, rent modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publish or create derivative works from materials or content available on our Website.   

 

15.    Termination

 

You acknowledge and agree that we, in our sole discretion, may terminate your access to and use of the Website or Services, or any part thereof, for any reason, including, without limitation, your breach of these Terms.  Any termination of your access and use of the Website or Services may be affected  without prior notice. You further acknowledge and agree that upon termination we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our services.

 

 

16.    Applicable Laws

 

Your use of this Website and the Services provided on or through the Website shall be governed by the laws of the State of Florida, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal action or proceeding directly or indirectly arising out of or relating to your access to, or use of, the Website or the Services, content, information, documents or materials provided on or through the Website or via email from Precedent,  shall be instituted in the state or federal courts situated in Miami-Dade County, Florida, U.S.A.  You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of these courts for any such litigation. You hereby further irrevocably and unconditionally waive any objection to the venue of any such litigation in these courts (Miami-Dade County, FL) and agree not to plead or claim in any such litigation brought therein has been brought in an inconvenient forum. Any cause of action of claim by you may have with respect to the Website and/or Services must be commenced within one (1) year after the claim or cause of action arises. Precedent’s failure to insist up on enforce strict performance of any provision of the Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any the Terms. Precedent may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

17.    Arbitration

 

By using this Website and/or Services, you agree that Precedent, at its sole discretion, may require you to submit any disputes from the use of the Website or the Services, content, information or documents provided on or through the Website or via email from Precedent, or the Terms concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this Agreement or its adaptation to newly arisen circumstances, to final and binding arbitration under the American Arbitration Association’s Commercial Arbitration Rules, by one or more arbitrators appointed in accordance with said Rules. Notwithstanding these Rules, however, such proceeding shall be governed by the laws of the state as set forth in Section 16. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this Section, except as may be required by statute.    

 

18.    Export Controls

 

Software and content provided through this Website and our Services is subject to United States export controls. The U.S. Department of Commerce prohibits export or diversion of software and certain content to specified countries and persons. No software of content from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) to countries to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specialty Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.