The following terms and conditions govern all use of the Take Back Your HOA website and all content, services, and products available at or through the website. The Website is owned and operated by Take BAck Your HOA (“TBYH”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, TBYH’s Privacy Policy (https:/TakeBackYourHOA.org/privacy/), and procedures that may be published from time to time on this Site by TBYH (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by TBYH, acceptance is expressly limited to these terms. The Website is only available to individuals who are at least 13 years old.
If you contribute to any of the blogs, comment on any of the blogs or other posts, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to TBYH for inclusion on the Website, you grant TBYH a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, translate, and publish the Content solely for the purpose of displaying, distributing, and promoting your Content. If you delete Content, TBYH will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, TBYH has the right (though not the obligation) to, in TBYH ‘s sole discretion (i) refuse or remove any content that, in TBYH ’s reasonable opinion, violates any TBYH policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, inTBYH ’s sole discretion. TBYH will have no obligation to provide a refund of any amounts previously paid.
TBYH has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be held responsible for that material’s content, use, or effects. By operating the Website, TBYH does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, works, Trojan horses, and other harmful or destructive content. The Website may contain content that you or others consider offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. TBYH disclaims any responsibility for any harm resulting from the sue by visitors of the Website, or from any downloading by those visitors of content there posted.
You are expressly and emphatically restricted from all of the following without first obtaining TBYH ’s explicit written consent:
Certain areas of this Website may be restricted from access by you, and TBYH may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
We have not reviewed and cannot review, all of the material, including computer software, made available through the websites and webpages to which TBYH links, and that link to TakeBackYourHOA.org. TBYH does not have any control over these websites and webpages, and is not responsible for their contents or their use. By linking to a non-TBYH website or webpage, TBYH does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TBYH disclaims any responsibility for any harm resulting from your use of non-TBYH websites and webpages.
As TBYH asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by centerforinquiry.net violates your copyright, you are encouraged to notify TBYH in accordance with TBYH ’s Digital Millennium Copyright Act (“DMCA”) Policy. TBYH will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TBYH will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of TBYH or others. In the case of such termination, TBYH will have no obligation to provide a refund of any amounts previously paid to TBYH .
This Agreement does not transfer from TBYH to you any TBYH or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with TBYH . TBYH , centerforinquiry.net, and all TBYH logos, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of TBYH . Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TBYH or third party trademarks.
TBYH reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TBYH may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
TBYH may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or any TakeBackYourHOA account (if you have one), you may simply discontinue using the Website. TBYH can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Website is provided “as is”. TBYH and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither TBYH nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will TBYH , or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TBYH under this agreement during the twelve (12) month period prior to the cause of action. TBYH shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent provided by applicable law.
You represent and warrant that (i) your use of the Website will be in strict accordance with the TBYH Privacy Policy (insert link), with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless TBYH , its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between TBYH and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of TBYH, or by the posting by TBYH of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website, will be governed by the laws of the state of Pennsylvania, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Montgomery County, Pennsylvania. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Pennsylvania Uniform Arbitration Act (PUAA) The arbitration shall take place in Montgomery County, Pennsylvania, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term of condition of this Agreement or any breach thereof, in any one instance, will not waive such term and condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TBYH may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Last Updated 12/05/2024
This Privacy Policy explains how Take Back Your HOA (TBYH) collects and uses the personal information collected on its Web sites. The following applies to the gathering and dissemination of information through all resources hosted at TakeBackYourHOA.org and may be changed by TBYH at any time.
TBYH gathers the following types of information about users:
Information users provide through optional, voluntary submissions. These are voluntary submissions to receive electronic communications such as emails and podcasts, to participate in our online discussion forums, to email a friend, to participate in an online advocacy campaign, to make an online donation, and to purchase a good or service from our online store.
Aggregated tracking information. TBYH analyzes visitor demographic and traffic statistics to improve our websites. Under no circumstances does TBYH divulge such information about an individual user to a third party.
TBYH stores all personal data voluntarily provided by Web site visitors. TBYH does not share, sell, or provide this information to third parties.
We are not accepting credit cards at the time this policy is written.
We may provide a small data file called a “cookie” which is stored on your computer. This is intended to enhance the browsing experience of Web site visitors. A cookie can’t read data off your hard disk or read cookie files created by other sites. Certain areas of the TBYH Web site utilize cookies to automatically store login information for subsequent visits. If you are using a public computer or prefer not to receive cookies, you can alter the configuration of your browser to reject cookies.
If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Web site, please direct your questions by email to: [email protected]; please reference this Privacy Policy in your subject line.
Last Updated: 12/05/2024