Terms of Service Agreement

Information regarding your use of our services

The following Terms of Service Agreement (“Agreement”) is an agreement between HOA Express, Inc. (“HOA Express”, “we”, “us”, or “our”) and you (“your”, or “user”) that governs your use of websites, products, and services provided by or offered through HOA Express (“Services”). This Agreement is designed to be as clear as possible, but feel free to get in touch with our support team should you have any questions or suggestions.

1. Agreement

Using HOA Express's Services or by using our websites in any way shall constitute your agreement to this Terms of Service Agreement.

This Agreement represents the entire agreement between you and us and supersedes any other agreements or communications between you and us.

This Agreement is valid for an indefinite term. Should you have a HOA Express account, this Agreement will remain in full force regardless of whether you are actively accessing the Services.

Some services may be offered through third parties; in which case, your use of those services may also entail an agreement to their terms of service.

2. Accounts

You do not need to have a HOA Express account to view the HOA Express website, however, to use some of our Services, an account is required. To create an account, you must have a valid email address and you'll need to be 18 years of age or older. The information you provide while creating or updating your account must be accurate.

While we employ a number of security techniques on our end, the security of your email address and password (“Login Credentials”) lies solely with you. You agree to not hold HOA Express responsible for any unauthorized access of your account.

At our sole discretion, your account is subject to removal / deactivation / suspension / etc. at any time, without prior notice, and without refund.

3. Personal Information

HOA Express may collect information while using this site, including, but not limited to, when you sign up for an account with HOA Express. Our use of such information is explained in our Privacy Policy.

4. Restricted Uses

You are free to use our Services for most community-related purposes, with certain restrictions. By using our Services, you agree not to use our Services to:
• Engage in illegal activities
• Upload, distribute, or display content that is abusive, obscene, threatening, or illegal in any way
• Upload, distribute, or display adult content including, but not limited to, pornography
• Upload, distribute, or display content that infringes on any copyright, patent, trademark, or intellectual property
• Create websites with the primary purpose of file-sharing

You understand that the above list is not exhaustive, and that other activities or uses of our Services may be deemed prohibited by HOA Express. We maintain a zero-tolerance policy toward these restrictions; any infringement of these restrictions will lead to immediate action by HOA Express including but not limited to deletion of your account, content, files, etc. and blocking current or future access to our Services.

5. Community Designated Representatives

Each community using our Services designates at least one representative who has expanded responsibilities, as described in this Agreement. The responsibilities may include overseeing the billing, moderating content, and more. Whoever the current designated representatives are at a given time have the exclusive authority to manage the website. The community may also designate representatives who have limited expanded responsibilities, such as just overseeing the billing. Our Services make it clear when a user is given these responsibilities.

If you are designated a representative for your community, you agree to fulfill these expanded responsibilities as described in this Agreement.

6. Copyright Infringements

By uploading, distributing, or displaying information, files, data, etc. of any kind, you agree that the content is your property or that you have the proper authority to use such content, and that the content is not infringing on any copyrights, patents, trademarks, trade secrets, or intellectual property of any sort. If you have a concern about a copyright infringement on a HOA Express website, please contact HOA Express immediately.

If a community is a repeat infringer of copyrighted material, we reserve the right to terminate all services provided to the community at any time.

For DMCA takedown notices, please contact our designated agent.

7. Free Trial

HOA Express offers one 30 day free trial of our deluxe plan per website to allow you to try out the features of our website building platform without obligation to purchase. No payment information is collected during the free trial, but to continue using the deluxe plan after the free trial expires, you'll need to subscribe and provide payment information. If you do not subscribe, you understand that your website will be downgraded to the free plan, and you'll lose access to some deluxe-only features.

8. Billing

Billing is in the form of electronic payments or mailed checks. Most of our Services are subscription based, meaning that we will continue to charge the payment method associated with that subscription on a regularly recurring interval. Checks must be mailed in time for it to be received by the date it is due. The community's designated representatives agree to pay the fees accrued by using our Services on the date they are due, and acknowledge that failure to do so may entail suspension or deactivation of Services. We reserve the right to indefinitely attempt subsequent charges if the first charge fails.

When making payments, the payee does not gain any right to become a designated representative with expanded authority, whether at the time of the payment or in the future. Similarly, if the payee is already a designated representative at the time of their payment, this user does not gain any right to remain a designated representative going forward. In addition, because our services are licensed, not sold (see “Intellectual Property” section), no payment establishes any concept of ownership over the website.

To ensure that billing is not interrupted, the community's designated representatives are responsible for updating the payment information on file with us.

You agree to not hold HOA Express responsible for any fee(s) incurred from a banking institution or third party as a result of our billing.

9. Refunds

Website subscription payments are refundable within 30 days of making the payment. Other payments are non-refundable. However, HOA Express still reserves the right to issue a refund at any time, for any amount, and for any reason. For refund assistance, please contact our support team.

10. Domains

Domains under the management of HOA Express are owned by the community to which the domain is assigned. In the context of domains managed by HOA Express, “owned” refers to the assigned community's exclusive right to use the domain name with its HOA Express powered community website and the exclusive right for a designated representative of the community to transfer management of the domain to another registrar. If a domain name expires, the domain will be no longer be assigned to any community and all rights to the use and transfer of the domain will be revoked.

For communities with an active website subscription, one domain purchase is included at no additional cost. In the event that a designated representative decides to change their community's domain, one replacement domain can be purchased at no additional cost as well. In the context of domains, a “purchase” refers to either a completed transfer-in of an existing domain, or a registration of a new domain. After two domains have been purchased, future domain setups will require a $20 payment to cover the costs we incur when setting up domains. A “domain setup” refers to the process of associating a domain with a community using our service, even if the setup does not result in a domain purchase.

11. Administration Transfer/Removal Policy

Occasionally situations arise where administrative privileges need to be transferred from one person to another, or an administrator needs to have their privileges removed. If a person without sufficient administrative privileges to complete this action themselves makes this request for a valid reason, HOA Express will first attempt to contact the user in question for approval or denial of the request using the email address currently on file with that user's account. If no response is received after a reasonable amount of time, HOA Express will make a second attempt to contact the user. If a response is still not received after a reasonable amount of time, administration will be transferred or removed as requested.

What constitutes a “valid reason” and a “reasonable amount of time” will be at the sole discretion of HOA Express. Reasons deemed valid are typically factual reasons such as the administrator has moved out of the community or has passed away. HOA Express will not engage in mediation of, arbitration of, or otherwise settlement of disputes within a community over administration.

12. Technical Difficulties

HOA Express will make every commercially reasonable effort to keep community websites running free of error. However, you may still run into bugs, downtime, unexpected behavior, etc. In this event, you agree to not hold HOA Express liable for these issues, or any consequences of these issues.

While we have multiple layers of redundancy and backup websites and content frequently, the loss of data can still occur. In the event of this, you agree to hold HOA Express harmless for any loss of information or any damages incurred.

13. Content Monitoring

HOA Express reserves the right to monitor and/or moderate any content uploaded, distributed, or displayed via our Services. This includes, but is not limited to, monitoring content for inappropriate usage and editing/removing any content at any time and without notice.

In addition, the community's designated representatives agree to regularly monitor information added by their site's members. We ask that they remove any offensive, abusive, inappropriate, or otherwise unacceptable content from member submitted portions of their sites.

14. Intellectual Property

HOA Express's services are licensed, not sold. You agree and understand that HOA Express owns and retains all copyrights to content that is produced by HOA Express, unless otherwise stated, including, but not limited to, files, source code, designs, and images. HOA Express agrees that all content added to a website by a user, remains the property of the respective user.

15. Letter Mailing Service

Automated letter mailing is a service available to eligible communities. This service allows you to send physical mail to multiple or individual residents. Using this service incurs extra fees in addition to the subscription fee, to cover the cost of postage, printing, and handling. These fees are charged immediately upon sending a mailed letter. Fees are non-refundable. Although very rare, you agree not to hold HOA Express liable in the event that a carrier (e.g., USPS) does not successfully deliver a letter.

16. Text Messaging Service

Blast text messaging is a service available to eligible communities. This service allows you to send SMS messages to multiple or individual residents. Using this service requires text messages credits. Some number of credits may be provided with your subscription, and additional credits can be purchased for an additional fee. These fees are charged immediately upon purchasing additional credits. Fees are non-refundable. Although very rare, you agree not to hold HOA Express liable in the event that a carrier (e.g., AT&T, T-Mobile, Verizon, etc.) does not successfully deliver a text message.

17. Payment Processing

We've partnered with Stripe to provide payment processing services for communities. These services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By setting up or continuing to use the online payments feature, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of HOA Express enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your community, and you authorize HOA Express to share it with Stripe.

Online payment processing is a service available for eligible communities. Various fees apply to using this service which are above and beyond the subscription fee. Each successful payment is subject to a transaction fee that's dependent on the location of the payer, the location of the receiving bank account, and the payment method used. Failed payments may result in additional charges, particularly failed bank account payments. Further, chargebacks and other events may result in additional fees. Although transaction fees are deducted immediately from payments, other fees may be deducted from your community's payments balance. Should your community's payments balance fall below zero, you understand that we may automatically debit your community's bank account and/or withhold future funds to bring the payments balance back to zero.

18. Suggestions and Feedback

By sending suggestions, feedback, ideas, or other information to us, you are waiving all rights you have to such information and indicating that it is entirely your intellectual property. Such information immediately becomes the exclusive property of HOA Express and we are not entitled to provide compensation for any information given to us. HOA Express is permitted to use the information without restriction and no form or guarantee of confidentiality will be provided.

19. Publicity

You agree that HOA Express is allowed to identify customers and use their community name, logo, website screenshot, or otherwise refer to them on the HOA Express website, in electronic media, or in print for marketing or reference purposes.

20. Third Party Sites

During your use of our Services, you may be linked to third party websites. You agree that HOA Express has no control over such websites, and that your use of those websites is subject to the terms and conditions, privacy policies, etc. of those websites. You also agree that you will not hold HOA Express liable for content on those websites.

21. DISCLAIMER OF WARRANTY

YOU AGREE THAT YOUR USE OF THIS WEBSITE AND ITS SERVICES ARE SOLELY AT YOUR OWN RISK. THIS WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL HOA EXPRESS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE. HOA EXPRESS MAKES NO WARRANTIES OR REPRESENTATIONS THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT OUR SERVICES WILL BE ACCESSIBLE AT ALL TIMES, THAT OUR SERVICES WILL BE SECURE, UNINTERRUPTED, MALWARE-FREE, FREE-FROM-INACCURACIES, OR ERROR-FREE, OR THAT WE WILL CORRECT ANY BUGS OR UNEXPECTED BEHAVIOR.

22. LIMITATION OF LIABILITY

HOA EXPRESS, ITS PARENT CORPORATION, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND DIRECTORS SHALL NOT BE HELD LIABLE FOR ANY LOSS OF DATA, LOSS OF ACCESS, LOSS OF PROFITS, DAMAGES, LIABILITIES, EXPENSES, OR OTHER CONSEQUENCES RESULTING FROM ANYONE'S USE OF OUR SERVICES. IN NO WAY SHALL HOA EXPRESS BE HELD LIABLE FOR ANY UNAUTHORIZED ACCESS TO OUR SERVERS, DATABASES, CONTENT, OR OTHER INFORMATION STORED BY OUR SERVICES. SPECIFICALLY, YOU AGREE TO NOT HOLD HOA EXPRESS LIABLE FOR ANY WEBSITE CONTENT UPLOADED, DISTRIBUTED, OR OTHERWISE DISPLAYED BY ONE OF OUR USERS, WHETHER ILLEGAL, OFFENSIVE, DEFAMATORY, ABUSIVE, OR HARMFUL. YOU ACKNOWLEDGE THAT HOA EXPRESS DOES NOT PRESCREEN, APPROVE, OR OTHERWISE REVIEW CONTENT BEFORE IT IS UPLOADED, DISTRIBUTED, OR DISPLAYED USING OUR SERVICES. YOU FURTHER ACKNOWLEDGE THAT HOA EXPRESS IS NOT OBLIGATED TO REVIEW OR REMOVE CONTENT THAT HAS BEEN OR IS UPLOADED, DISTRIBUTED, OR DISPLAYED USING OUR SERVICES. YOU ALSO AGREE TO NOT HOLD HOA EXPRESS LIABLE FOR EVENTS OUTSIDE ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURES, TECHNOLOGY FAILURES, NATURAL DISASTERS, TERRORISM, WAR, COURT ORDERS, GOVERNMENT ACTIONS, TRIBUNALS, OR ACTS OF GOD. YOU AGREE TO NOT HOLD HOA EXPRESS LIABLE FOR THE ACTIONS OR NON-PERFORMANCE OF THIRD PARTIES USED BY, LINKED TO, OR OTHERWISE MENTIONED BY HOA EXPRESS.

23. Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services must be filed within one year after such claim or cause of action arose or be forever barred.

24. Severability of Terms

If any portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall remain in full force and effect.

25. Changes to the Terms of Service

HOA Express may revise or change the Terms of Service at any time and without notice. When posted to the HOA Express website, the changes will be considered effective. Your continued use of our Services after any changes are made will be considered acceptance of those changes.

26. Miscellaneous

The headings of this Agreement are for convenience only, and do not affect this Agreement or its interpretation.

You are not allowed to transfer any rights or obligations in this agreement without written consent.

If we do not enforce any provision of this Agreement, it will not be considered a waiver of such provision.

This Agreement is governed by the laws of the State of Texas, exclusive of any Texas choice of law principle that would require the application of the law of a different jurisdiction, and the laws of the United States of America, as applicable.