TERMS

By accessing this website, you are agreeing to be bound by these website Terms of Use and Disclaimer, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

AGREEMENT BETWEEN USER AND Condo-Smart.com (owned by Condo & HOA Homes)

Welcome to the Condo Smart website which is comprised of various web pages operated by Condo-Smart.com

The purpose of our website and our other online resources such as Facebook, Linked In, Twitter, etc, is to provide pertinent information, services and an online community for Homeowners and Condominium Associations. The objective of Condo Smart is to Make a Difference by offering valuable information, guidance, tools, tips, services and products-all designed to improve the quality of life for owners in these associations.

Condo-Smart.com is an informational website. Neither Condo-Smart.com (nor its partners/affiliates) provide medical advice, diagnosis, treatment, legal, financial or other professional services or advice about which products to buy or which service providers to use. All the information presented on Condo-Smart.com is for educational and resource purposes only. We suggest that you consult with your financial, tax or legal adviser regarding your individual situation. Use of the information contained in this website is at the sole choice and risk of the reader.

The Condo-Smart.com website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Condo-Smart.com website constitutes your agreement to all such terms, conditions, and notices. Please read these terms carefully.

MODIFICATION OF THESE TERMS OF USE

Condo-Smart.com reserves the right to change the terms, conditions, and notices under which the Condo-Smart.com website is offered, including but not limited to the charges (if any) associated with the use of the Condo-Smart.com website. The most current version of the Terms of Use will supersede all previous versions. Condo-Smart.com encourages you to periodically review the Terms of Use to stay informed of any updates.

LINKS TO THIRD PARTY SITES

The Condo-Smart.com website contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Condo-Smart.com and Condo-Smart.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Condo-Smart.com is not responsible for webcasting or any other form of transmission received from any Linked Site. Condo-Smart.com is providing these links to you only as a convenience, and the inclusion of any link does not imply an official endorsement, guarantee or approval by Condo-Smart.com of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Condo-Smart.com website, you warrant to Condo-Smart.com that you will not use the Condo-Smart.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Condo-Smart.com website in any manner which could damage, disable, overburden, or impair the Condo-Smart.com website or interfere with any other party’s use and enjoyment of the Condo-Smart.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Condo-Smart.com website.

All content included as part of the website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website is the property of Condo-Smart.com or its partners and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, create derivative works, or in any way exploit any of the content, in while or in part, found on the website. Condo-Smart.com content is not for resale. Your use of the website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Condo-Smart.com and the copyright owner. You agree that you do not acquire any ownership rights in protected content. We do not grant you any licenses, express or implied, to the intellectual property of Condo-Smart.com or our licensors except as expressly authorized by these Terms.

USE OF COMMUNICATION SERVICES

The Condo-Smart.com website (and our other online resources) may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Agree that although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Condo-Smart.com, and Condo-Smart.com shall not be responsible for any data lost while transmitting information on the Internet. While it is Condo-Smart.com’s objective to make the website accessible 24/7, the website may be unavailable from time to time for any reason, including, without limitation, routine maintenance.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

Condo-Smart.com has no obligation to monitor the Communication Services. However, Condo-Smart.com reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Condo-Smart.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice, for any reason whatsoever.

Condo-Smart.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Condo-Smart.com’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Condo-Smart.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Condo-Smart.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Condo-Smart.com (and its sister-sites) spokespersons, and their views do not necessarily reflect those of Condo-Smart.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Condo-Smart.com or posted on any Condo-Smart.com web page:

Condo-Smart.com does not claim ownership of the materials you provide to Condo-Smart.com (including feedback and suggestions) or post, upload, input or submit to any Condo-Smart.com website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Condo-Smart.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Condo-Smart.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Condo-Smart.com sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Condo-Smart.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Condo-Smart.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Condo-Smart.com (and its sister-sites) in asserting any available defenses.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Condo-Smart.com WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Condo-Smart.com AND/OR ITS PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Condo-Smart.com WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE Condo-Smart.com website SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Condo-Smart.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Condo-Smart.com website FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Condo-Smart.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ALL INFORMATION PRESENTED IS FOR EDUCATIONAL AND RESOURCE PURPOSES ONLY. IT IS NOT INTENDED TO PROVIDE SPECIFIC OR INVESTMENT ADVICE. WE DON’T GUARANTEE THE ACCURACY OF THE TOOLS OR CALCULATORS AND RECOMMEND THAT YOU CONSULT WITH YOUR FINANCIAL ADVISOR REGARDING YOUR INDIVIDUAL SITUATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Condo-Smart.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Condo-Smart.com, WITH THE DELAY OR INABILITY TO USE THE Condo-Smart.com website OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Condo-Smart.com, OR OTHERWISE ARISING OUT OF THE USE OF THE Condo-Smart.com website, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Condo-Smart.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO 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 Condo-Smart.com website, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Condo-Smart.com website.

DISPUTES

You agree that any dispute over our Privacy or our Terms of Use Policies, or any other agreement we might have with you, will be governed by the laws of North Carolina. You also agree to arbitrate such disputes in North Carolina and to abide by any limitation on damages contained in any agreement that may be reached.

SERVICE CONTACT: info@condo-smart.com

TERMINATION/ACCESS RESTRICTION

Condo-Smart.com reserves the right, in its sole discretion, to terminate your access to the Condo-Smart.com website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Mecklenburg County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Condo-Smart.com website. Use of the Condo-Smart.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Condo-Smart.com as a result of this agreement or use of the Condo-Smart.com website. Condo-Smart.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Condo-Smart.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Condo-Smart.com website or information provided to or gathered by Condo-Smart.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Condo-Smart.com with respect to the Condo-Smart.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Condo-Smart.com with respect to the Condo-Smart.com website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Condo-Smart.com website are: Copyright © 2012 Condo & HOA Homes and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

*** Terms of Use – Last modified: 08/24/2012

PRIVACY POLICY

Our Privacy Policy details how we collect, use and disclose information that pertains to your Privacy. The Privacy Policy is part of our agreement with you and is incorporated into the Terms of Use agreement by reference. Please refer to our Privacy Policy on our website.

CONTACT US

Condo-Smart.com welcomes your questions or comments regarding the Terms of Use Policy:

Contact: info@condo-smart.com

Condo-Smart.com – Condo & HOA Homes, P.O. Box 2230, Davidson, NC 28036

1-800-572-2360