Welcome to HOAreports.com (“Site”) website. We are an innovation in the real estate marketplace and appreciate that you are giving us a try. We believe we have a very useful service and are eager to prove our value to you. So, we wanted to let you know about the following terms as they govern your use of the Site and our Services (“Services”) we offer. Before you place an order, we require that you agree to these Terms of Service (“Terms” or “Agreement”). For the purpose of these Terms of Service, the words “we,” “us,” “HOAreports” refer to the HOAreports team. “You,” Customer(s)” means you, the person who is reading these Terms of Service and/or placing an order for our Services. “Site” and “HOAreports.com” refer to our website, http://www.hoareports.
Our Services provide buyers of residential or commercial property that is situated with a Common Interest Community (“CIC Community” or “HOA” or “Planned Community”) an operational analysis of the subject HOA. By operational analysis, we mean that we will review the governing documents, reserve studies, financial reports, meeting minutes and other documents delivered to us to produce an HOAreport (“Report”). The Report is not a legal opinion of the formation of the HOA, or any other legal dimension or interpretation of an HOA organization. Our Services shall not be considered as legal opinion of any kind by our customers and/or their related parties. As certified managers of HOA communities, we are qualified to review and report on the operational and governance performance and effectiveness of an HOA. We believe a buyer should have a qualified analysis of how well an HOA is functioning prior to investing in a property situated within an HOA.
3. ORDERS AND PAYMENT
Most real estate transactions are time sensitive. Both the buyer and the seller have due diligence responsibilities to complete before a property changes ownership (closes), such as loan and title commitments, home inspections, radon tests, property surveys, appraisals, etc. In order to provide our Services in a timely manner, we require prompt completion of our ordering process (“Ordering Process”). Consequently, our Customers must agree to these Terms of Service, purchase the Report with a valid credit card (see below), successfully complete and submit the order form and provide us timely copies of the Common Interest Community governing documents/reports (“required CIC Documents”). Our website has been designed to make the completion of the Ordering Process as simple as possible. We require ten (10) working days (Cut-Off Date”) from the completion of the Ordering Process to deliver our Services. If the Ordering Process cannot be completed by the Cut-Off Date, we will NOT charge your credit card and we will NOT provide Services. We will contact you via the email address you provide to us within 24 hours of receiving an order form if we are unable to provide our Services to you. To summarize our Ordering Process policy: we will deliver an HOAreport, in writing, by teleconference or both, within ten (10) business days of completing our Ordering Process through our site for our Services, i.e. we must receive a complete order form, complete credit card information, credit card authorization of charges and required CIC Documents to commit to delivering our Sevices.
4. PERSONAL INFORMATION
When opening an account with HOAreports.com, you will be required to provide certain data, including personal information. You must have a valid account on file before completing the Ordering Process. By providing this data, you agree to only provide truthful and accurate information. HOAreports will not use your personal information for any purpose other than to establish your account with the website and to process an order. We will not sell or make your account information public. We may use your account information, specifically your email address, to contact you regarding information and stories you may find interesting about HOA issues.
5. CREDIT CARD PAYMENT
Payment for an HOAreport is by credit card only. HOAreports.com does not store your personal credit card information on our servers. When making payment for our Services, your credit card information is directed immediately to our credit card processing company. Once you fill out the order form and click that you have read and consent to this Agreement, you authorize us our processor to charge the credit card entered on our form for one-half of the Service Fee (“Fee”). Upon completion and delivery to you of the HOA Report (“Report”), you authorize us to charge the same credit card for the balance of the Fee. We are happy to provide an invoice of the total Fee upon request. We are not liable if you fail to make any payment, whether or not we have sent an invoice for a Report. All pricing on our site or in an invoice is subject to change at any time without notice. If any additional work is requested, or if there are requests for modifications that are in excess of our standard scope of Services, which HOAreports.com reserves the right to determine in its sole discretion, then you shall be liable for any amounts incurred at HOAreports.com normal hourly rate or at a rate/fee agreed upon by both parties. We reserve the right to cancel or modify any invoice or order, whether or not it has already been paid for, and for any reason. For example, we must receive the required Common Interest Community documents (“CIC Docs”) to perform our service. If you fail to provide these CIC Docs within sufficient time to allow us to produce a timely Report, we reserve the right to cancel the order. By timely, we usually mean a minimum of Ten (10) working days from the Association Documents Objection Deadline as that date has been agreed to by the parties to the real estate transaction. This is merely an example, and does not include all the scenarios in which we may modify or terminate an order. By placing an order you agree to pay for the services you requested, and that your credit card or other payment method will be honored. Although we may provide credit terms to certain people, we reserve the right to demand payment in full at any time. We retain any and all copyrights in any work we have done, and will not release or assign any interest in our intellectual property rights until we have been paid in full. We reserve the right to take any and all available actions against you, or others, for your failure to pay the amounts in full including, but not limited to, sending cease and desist notices, DMCA takedowns, or filing injunctions to protect our rights. Once you have made payment or if we have extended credit to you once we have begun work, we are under no obligation to provide a refund and you remain responsible for any and all outstanding payments. HOAreports does not provide refunds for its Services.
6. PROHIBITED CONDUCT
Certain actions may compromise the safety and quality of our Site. Therefore, the following is prohibited: Deceive us when signing up to HOAreports.com, including misrepresenting whether you own any and all content you provide to us; use of any of our work to spam people or induce others to spam people; Hack, crack, phish, or otherwise compromise the security, safety, or privacy of HOAreports.com, its network, website, servers, or users. Secret shop us. Infringe on other’s intellectual property rights, including copyrighted material and trademarks. Run any script or other program which is designed to search, index, or aggregate HOAreports.com without our express permission. Defraud others.
The failure to enforce any provision of this Agreement will not constitute a waiver of this Agreement or of any breach that may occur or default.
You agree that you will indemnify and defend (pay our legal fees and costs) HOAreports.com and its directors, officers, employees, agents, contractors against any liabilities, including reasonable attorneys’ fees and court fees and disbursements, which arise from or related to your use of HOAreports.com.
9. DISPUTE RESOLUTION
We recognize that our users may live in a number of different states with varying legal systems. So a few things: (1) By viewing or using HOAreports.com you agree that it is a passive website, which means we (HOAreports.com and its owners) are not subject to jurisdiction anywhere other than as outlined below; and (2) For the sake of keeping things uniform and running smoothly, we need to select one jurisdiction that we can agree to solve disputes in, regardless of where a user is located. Therefore, you agree that these Terms of Service, and any breaches of it, are deemed to occur in Denver, Colorado. Meaning, the laws which apply to these Terms of Service are those applicable in Colorado. In addition to the above, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, IT IS PERMANENTLY BARRED.
10. SURVIVAL OF AGREEMENT
If any part of this Agreement is struck down or held to be unenforceable, the rest of the Agreement shall remain in full force and effect with the provision that has been stricken having been removed.
11. WORK PRODUCT
All pictures, audio, video, artistic works, website layout(s), links, code, and all works of authorship, including all worldwide rights therein under patent, copyright, trade secret, or other property right, created or developed by HOAreports.com pursuant to this Agreement (collectively “Work Product”) specifically for Client shall remain the sole and exclusive property of HOAreports.com unless and until the balance owed to HOAreports.com is paid in full. Any work that is considered “proprietary” will remain the intellectual property of HOAreports.com and once paid in full Client shall receive a non-exclusive, revocable, license to use the proprietary work of HOAreports.com.
14. NO REFUNDS AND NO GUARANTEES
Under no circumstances will HOAreports.com be obligated to refund any payments. Furthermore, you agree that our Services are not guaranteed, meaning that our work may not produce the results you desire, prevent you from harm regarding the conduct of an HOA, or benefit you in making an informed decision about purchasing a property situated within an HOA.
15. NO WAIVER OF ENFORCEABILITY
We at HOAreports.com take our work seriously, but we live in an imperfect world, so we may, in our sole discretion, let breaches of these Terms of Service slide. However, that doesn’t mean that we’re relinquishing any of our rights to raise a dispute over those breaches in the future. Any failure of HOAreports.com to enforce any portion of the Terms of Service against you or anybody else is not an indication that we won’t enforce them in the future, and the relevant terms should be considered to remain in effect.
16. FORCE MAJEURE
Even if we would otherwise be responsible for damages, you agree not to hold us liable for any damages caused to you that arise from circumstances beyond our control, including but not limited to acts of God, war, terrorism, riots, insurrection, acts of civil or military authorities, fire, floods, accidents, strikes, failure of communications, or shortages of transportation facilities, fuel, energy, labor, materials, or any other important infrastructure.
17. LIMITATIONS ON LIABILITY; WARRANTY
HOAREPORTS.COM, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, AND WE MAKE NO REPRESENTATIONS. THIS SUPERCEDES ANY CLAIMS MADE ORALLY OR ON OUR SITE. HOAREPORTS.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE HOAREPORTS.COM WEBSITE, OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH HOAREPORTS.COM, AND IN NO EVENT SHALL HOAREPORTS.COM OR ITS ANALYSTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF HOAREPORTS.COM, ITS PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR DESIGNS ON OR THROUGH YOUR WEBSITES AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF HOAREPORTS.COM AND ITS ANALYSTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOAREPORTS.COM, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). HOAREPORTS.COM AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, GRAMMATICAL OR TYPOGRAPHIC ERRORS, PROBLEMS OR OTHER LIMITATIONS. HOAREPORTS.COM AND/OR ADVERTISER HAVE NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, DESIGNS, PROGRAMS, DATA AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS OR SERVICES AND HOAREPORTS.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND HOAREPORTS.COM. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. HOAREPORTS.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, MATERIALS, DESIGNS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOAREPORTS.COM, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, HOAREPORTS.COM AND/OR AFFILIATES’ LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
18. SERVICE, SUPPORT, AND OTHER ISSUES
We are available Monday-Friday from 9am until 4pm MST. All requests for support, billing, or technical issues should be made directly through our site. Any and all information or conversations between HOAreports.com and you should be considered confidential. All prices or other materials that we provide are also considered confidential.
20. LATE PAYMENT POLICY & FEES
We reserve the right to charge any clients who are late on payment a 18% compounded APR of said balance, until the payment has been made in full.