License to Use
The HOATown community website system is owned and copyrighted by Sonizen, Inc (known as “Sonizen”). Your HOATown community website is made available for your community association’s (known as “Association”) use through this agreement.
Terms of License
License for use of your HOATown community website shall be valid so long as Sonizen continues business operations and client Association is current in payments owed to Sonizen. Upon termination of business operations or upon Association’s failure to keep its account with Sonizen current, this license shall cease and the Association’s website and all website content may be permanently removed from Sonizen’s server.
Association is responsible for designating an individual to serve as its community website Administrator. Sonizen shall not be held responsible for site maintenance or content and Association shall hold Sonizen harmless from any legal action stemming from site’s content. The Association is solely responsible for any and all content placed on their community website.
Sonizen reserves the right to display Sonizen approved companies, products and services on the Homeowner Resources page on all Association websites. This page is only accessible from the member Control Panel. Association shall not have the right to edit content or request removal of this page or any of its content from their website.
Association’s Site Administrator shall be responsible for handling support requests from Association’s members. Sonizen shall in turn provide support to Association’s Site Administrator during regular business hours of 10:00 a.m. – 5:00 p.m. EST, Monday-Friday, holidays excepted. Association shall email its support requests to Support@HOATown.com.
Sonizen fees for use of the HOATown platform are quoted on HOATown.com and may be adjusted by Sonizen from time to time upon 30 days written notice to Association by e-mail. Fees for use are billable and due in advance of each billing period either quarterly or annually. Failure to pay said fees by the due date will result in suspension and/or cancellation of Association’s account and potential removal from Sonizen’s server.
30-Day Money Back Guarantee
If Association cancels its HOATown website by contacting Billing@HOATown.com within 30 days of site creation (not the date of approval of this agreement), then Sonizen shall refund any fees paid less any third party fees for domain registration.
Right to Refuse Service
Sonizen has the right to refuse service at any time. If the Association has paid for services in advance, then Sonizen will refund any remaining monies to the Association at the time of refusal.
Association may terminate HOATown use of the website platform at any time by emailing said notice to Billing@HOATown.com. Association will be liable for fees for the current billing period at time of cancellation and will be responsible for fulfilling the last paid quarter with no refund. Any payments made beyond previously paid quarter will be refunded in full.
Authority to Bind Association
The individual creating the HOATown website hereby certifies by creating a website that he or she is a duly authorized representative or agent of the Association, and is therefore entitled to legally bind the Association to this agreement and all fees due hereunder.
This shall serve as the full agreement between Sonizen, Inc, owner of HOATown, and Association.
DISCLAIMERS AND LIMITATIONS
USE OF THE SERVICES AND ANY EQUIPMENT, SOFTWARE AND HARDWARE PROVIDED IN CONNECTION WITH THE SERVICES, IS ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO, AND HEREBY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICES OR SUCH PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WE, YOUR ASSOCIATION, THE ASSOCIATION’S MANAGEMENT COMPANY, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE SERVICES REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS OR OTHER PROPERTY THAT ARE USED IN PROVIDING THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ANY LIABILITY OR RESPONSIBILITY, ARISING OUT OF THE INACCURACY, ILLEGALITY, AND/OR INAPPROPRIATENESS OF ANY CONTENT PROVIDED TO ANY WEB SITE OR ANY PUBLIC AREA, THE DAMAGE, DESTRUCTION OR CORRUPTION OF ANY CONTENT OR OTHER DATA, OR THE USE OR MISUSE OF, OR INABILITY TO USE, THE SERVICES BY ANY PERSON OR ENTITY.
IN NO EVENT WILL WE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE SERVICES BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES) ARISING OUT OF OR RELATED TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE LIMITATIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU.
Under no circumstances will we be liable for failure or delay in connection with the Services if the failure or delay is due to circumstances beyond our control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunication or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in equipment needed for the provision of services.
You agree that any claim or cause of action which you may have arising out of a claim related to these Terms of Service or the Services must be filed within one (1) year after such claim or cause of action arises, or the claim or cause of action will forever be barred.
You agree to indemnify and hold harmless us and our parents, subsidiaries, affiliates, officers, members, employees and representatives from any and all claims, liability and expenses (including without limitation, reasonable attorneys fees) arising out of or related to your use of the Services, your breach of any provision of these Terms of Service, or any content posted or transmitted by you through the use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.