Data Terms of Use

ELIGIBILITY

In order to use HOA Board List, you must:

1. be at least eighteen (18) years old and able to enter into contracts;
2. complete the registration process;
3. agree to the Terms; and
4. provide true, complete, and up to date contact and payment information.

By using hoaboardlist.com, you represent and warrant that you meet all the requirements listed above, and that you won’t use HOABoardList.com in a way that violates any laws or regulations. DISTRIBUTOR reserves the right to refuse service, close accounts of any users, and change eligibility requirements at any time based upon any identified violations of the terms contained herein.

TERM

The Term of this License Agreement begins when a purchase is made and data is delivered.

MODIFICATIONS

DISTRIBUTOR reserves the right to modify the terms and conditions of this Agreement from time to time, and new use restrictions may be added, by us at our sole discretion. DISTRIBUTOR will give notice of any changes in the terms and conditions. Continued usage of the service indicates acceptance of any revised terms.

LICENSE

The HOABoardList.com Web site and data services are offered and made available by DISTRIBUTOR. Through DISTRIBUTOR, customers may acquire data containing names, postal addresses, email addresses, phone numbers and related information for Florida based community associations and their registered board members pursuant to the criteria selected by the customer ("List"). Customers may also acquire data containing names, postal addresses, phone numbers and related information (from public sources) for Florida based rental and resort property operators. You ("Customer") must agree to the terms and conditions of this License Agreement ("Agreement") before obtaining access to the data. DISTRIBUTOR grants Customer, on the terms and conditions set forth herein, a limited, nonexclusive, nontransferable license to use the data obtained via the DISTRIBUTOR.

CREDIT CARD PAYMENT

Customers must enter requested credit card, banking or loan information for all data output charges. Customer represents and warrants that it is an authorized user of the credit card or bank account provided for each order submitted. DISTRIBUTOR reserves the right to reject any order placed by Customer if the information provided cannot be processed for any reason.

Payment processing services for customers on hoaboardlist.com are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a customer of DISTRIBUTOR, 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 DISTRIBUTOR enabling payment processing services through Stripe, you agree to provide DISTRIBUTOR accurate and complete information about you and your business, and you authorize DISTRIBUTOR to share it and transaction information related to your use of the payment processing services provided by Stripe.

REFUND TERMS

ONCE LIST PROCESSING IS COMPLETE AND DATA IS DOWNLOADED, RELATED CHARGES ARE NOT REFUNDABLE.

USE AND RESTRICTIONS:

a) Accuracy of Data: There is no guarantee that all the postal and email addresses or phone numbers are still valid, but all were valid at one time or another. We do not guarantee accuracy of the leads, in regards to the deliverability and correct phone numbers, mailing addresses, spelling of names, and email addresses. We do not guarantee the performance of any lead or list, results may. DISTRIBUTOR accepts no responsibility for the deliverability of your data once it is purchased.

b) Permitted Uses: Customer is licensed to use, and certifies that it will use data output downloaded from DISTRIBUTOR for the intended purposes of marketing, research and direct mail. The data is licensed for multi-use for those purposes (i.e. the same list may be used for multiple direct mail campaigns and data imports). Customer acknowledges and understands that re-used exports may lose some degree of accuracy (become stale) over time as changes in the data occur. The data provided MAY NOT be used to enhance a file or list owned by any third party, to develop any list, enhancement, or product, or to prepare, publish, clean, or maintain any directory or look-up service.

c) Compliance with Guidelines and Laws: Customer acknowledges that different states and jurisdictions may have guidelines and laws affecting its use of the information or data provided therein. It is Customer's responsibility to learn of such guidelines and laws, and comply with them. DISTRIBUTOR disclaims all responsibility for Customer's compliance with such guidelines and laws including any obligation to inform Customer about any restrictions on use of the data. Customer agrees that it will use the data provided under this Agreement in accordance with all Federal, state, and local laws, relevant Direct Marketing Association guidelines, and in a manner which gives due consideration to matters concerning privacy, confidentiality, good taste, and other issues to which individual and business consumers may be sensitive. This includes, but is not limited to, the Can Spam Act of 2003; the federal and state Do Not Call List; and with the provisions of the Federal Trade Commission’s amended Telemarketing Sales Rule, 16 CFR Part 310, or the Federal Communications Commission’s Rule and Regulations Implementing the Telephone Consumer Protection Act of 1991, 47 CFR Section 64.1200. The responsibility lies with the licensee for the marketing materials that are sent out, not DISTRIBUTOR.

d) Customer represents and warrants that it WILL NOT share any accounts or list data, resell, broker, transfer or otherwise disclose the data to any third party, in whole or in part, for any purpose whatsoever without explicit permission. DISTRIBUTOR reserves the right to use seed names to detect unauthorized direct mail use. Customer agrees that it will not copy or otherwise reproduce the HOA Board List information or data provided except for the purposes detailed in this Agreement. Under no circumstances will Customer attempt, directly or indirectly, to discover or reverse engineer any confidential and proprietary criteria developed or used by DISTRIBUTOR in preparing the data provided.

e) FCRA: Customer understands that the information and data provided has not been collected for credit purposes and is not intended to be indicative of credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 603(d) of the Fair Credit Reporting Act ("FCRA"), 15 USC § 1681a. Customer agrees that it shall not use any DISTRIBUTOR information or data factor in establishing any consumer's eligibility for (i) credit or insurance used primarily for personal, family or household purposes; (ii) employment purposes; or (iii) other purposes authorized under Section 604 of the FCRA, 15 USC § 1681b or any similar statute.

DATA EXPORTS

Data exports are delivered electronically via download. An email containing download information will be provided for you to download directly to your computer to download within 7 business days from time of purchase. Customer acknowledges that certain mechanical or software failures may render the Internet or email unavailable for periods of time without warning or, notice and DISTRIBUTOR assumes no responsibility of any kind for any delays caused by such failures.

WARRANTIES

DISTRIBUTOR further warrants that it will make reasonable commercial efforts to ensure that the data provided to Customer hereunder will be as complete, accurate and current as it can be in view of its customary methods of compilation, validation and the nature and accuracy of the originating sources for such data. HOWEVER, DISTRIBUTOR DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF SUCH DATA OR THE RESULT OR CONSEQUENCES FROM ITS USE. All use of the licensed data and all materials derived there from are on an “AS-IS” or “AS AVAILABLE” basis, and DISTRIBUTOR shall not be liable for any claim or loss resulting from the content of, errors or omissions in, or the Customer’s use of the information contained in or retrieved from DISTRIBUTOR.

LIMITATION OF REMEDIES

RTA's sole liability hereunder regardless of the form of action will be the re-performance of the services or refunding of any fees Customer has paid for exported data, as DISTRIBUTOR may elect.

THE FOREGOING WARRANTIES ARE THE ONLY WARRANTIES DISTRIBUTOR PROVIDES WITH RESPECT TO THE SERVICES. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

LIMITATION OF REMEDIES

DISTRIBUTOR's sole liability hereunder regardless of the form of action will be the re-performance of the services or refunding of any fees Customer has paid for exported data, as DISTRIBUTOR may elect.

LIMITATION OF LIABILITY

DISTRIBUTOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE PROVIDED DATA, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL DISTRIBUTOR BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS RECEIVED FROM CUSTOMER.

INDEMNIFICATION

Customer shall indemnify, defend and hold DISTRIBUTOR harmless from and against any and all liabilities, damages, losses, claims, costs, and expenses (including attorneys' fees) arising out or resulting from Customer's use of DISTRIBUTOR data.

OWNERSHIP

As between Customer and DISTRIBUTOR, the delivered data and delivery mechanisms will continue to be the exclusive property of DISTRIBUTOR. This transaction shall not be deemed to convey any right, title or interest, including patent, copyright or other proprietary right, in or to any such information or data therein.

CONFIDENTIALITY

DISTRIBUTOR hereby identifies as proprietary and confidential the methods utilized in gathering, compiling and maintaining supplied data. Customer will take reasonable precautions to assure that any confidential information that may be disclosed to it by DISTRIBUTOR is held in strict confidence and disclosed only to those of its respective employees whose duties reasonably require access to such information. Customer will take suitable precautions to prevent loss, compromise, or misuse of any media containing the data. Except as required by law, Customer agrees that the information or data provided by DISTRIBUTOR will not be copied, disclosed, sold or otherwise made available to any third parties. Customer shall provide for physical security of the data obtained from DISTRIBUTOR with the same degree of care (provided that such is at least a reasonable degree of care) that Customer uses to protect its own most sensitive data.

RETAINED OWNERSHIP

Nothing contained in this Agreement shall be interpreted to convey to Customer or to any other party any right, title or interest in DISTRIBUTOR data, including any patent, copyright or other proprietary right. Neither party will use, or permit their respective employees, agents and subcontractors to use, the trademarks, service marks, logos, names or any other proprietary designations of the other party, or the other party's affiliates, whether registered or unregistered, without such other party's prior written consent.

RELATIONSHIP

Nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or master and servant between the parties. Neither this Agreement nor any provisions set forth herein is intended to, or shall, create any rights in or confer any benefits upon any person other than the parties hereto. This Agreement is binding upon and shall inure to the successors of each of the parties hereto. However, Customer shall not assign this Agreement without the express, written consent of DISTRIBUTOR.

EXCUSABLE DELAYS

Neither party shall be liable for any delay or failure in its performance under this Agreement if and to the extent which such delay or failure is caused by events beyond the reasonable control of the party including, without limitation, acts of God or public enemies, labor disputes, equipment malfunctions, material or component shortages, supplier failures, embargoes, rationing, acts of local, state or national governments or public agencies, utility or communication failures or delays, fire, earthquakes, flood, epidemics, riots, and strikes. If a party becomes aware that such an event is likely to delay or prevent punctual performance of its own obligations, the party will promptly notify the other party and use its best effort to avoid or remove such causes of nonperformance and to complete the delayed job whenever such causes are removed.

GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the United States of America and state of Colorado, which are intended to supersede any choice of laws or rules which might otherwise be applicable. Both parties consent to the jurisdiction of the courts of Colorado, whether Federal, state, or local with respect to any actions that arise out of or relate to this Agreement, and waive all rights to assert a change of venue. The person accepting the terms and conditions of this Agreement represents and warrants that he or she has full authority to accept, and hereby does accept, the terms and conditions of the License Agreement on behalf of the individual and/or entity identified as customer.

NOTICE OF LEGAL SERVICE

All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by registered or certified mail, return receipt requested, postage prepaid, or sent by a reputable overnight courier service, and addressed to the parties at their respective addresses set forth below or to such other address as a party may designate by written notice to the other party: Right Track Associates, Inc. 16192 Coastal Hwy Lewes, DE 19958-3608. Such notices shall be deemed to have been given: - When delivered personally, on the date of delivery; - When sent by registered or certified mail, on the third business day after the date of mailing; - When sent by overnight courier service, on the next business day after the date of sending. DISTRIBUTOR may change its address for notice by giving written notice to the other party by publishing such information on hoaboardlist.com

END OF TERMS