HOA Contacts LLC Terms of Use

These Terms of Use ("Agreement") are entered into between HOA Contacts LLC, a Delaware corporation ("HOA Contacts LLC," "we," "our," or "us"), and the purchaser or user ("Customer," "you," or "your") of any products, services, or data made available through hoacontactlists.com ("Website").

By purchasing, accessing, downloading, or using any data, products, or services from the Website, you agree to be bound by these Terms of Use. If you are entering into this Agreement on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

1. Eligibility

To use the Website or purchase any data or services, you must:

• Be at least eighteen (18) years old
• Have the legal capacity to enter into binding contracts
• Complete any required registration process
• Provide accurate, current, and complete account and payment information
• Use the Website only in compliance with all applicable laws and regulations

HOA Contacts LLC reserves the right to refuse service, terminate accounts, or modify eligibility requirements at any time and for any reason.

2. Term

This Agreement becomes effective when a Customer purchases data, accesses services, or receives delivery of any data or materials from HOA Contacts LLC, and remains in effect until terminated by HOA Contacts LLC or until all obligations under this Agreement have been satisfied.

3. Modifications to Terms

HOA Contacts LLC may update or modify these Terms of Use at any time. Updated versions will be posted on the Website and will become effective immediately upon posting unless otherwise stated. Continued use of the Website or any purchased data following any changes constitutes acceptance of the revised Terms.

4. License Grant

HOA Contacts LLC provides access to certain contact data, including names, mailing addresses, phone numbers, email addresses, association names, and related information regarding community associations and board members (the "Data").

You are granted a limited, revocable, non-exclusive, non-transferable license to use the Data solely for lawful internal business purposes. No ownership rights are transferred to you.

5. Payment Terms

Customer must provide valid payment information. HOA Contacts LLC reserves the right to reject or cancel any transaction if payment cannot be processed or verified.

Payment processing is provided by Stripe, subject to its Connected Account Agreement and Services Agreement. By submitting payment information, Customer authorizes HOA Contacts LLC and Stripe to process transactions.

6. Refund Policy

All sales are final once Data has been processed, delivered, or downloaded.

Exceptions:

• Email Purchases: A refresh may be requested if >90% of emails bounce.
• Phone Numbers: Provided as an additional convenience; not guaranteed to be accurate or operational.

Requests must be submitted to support@hoacontactlists.com with supporting evidence.

7. Permitted Uses

• Customer may use the Data solely for lawful marketing, research, business development, and direct-mail purposes
• Data may be reused for multiple campaigns but may become less accurate over time

8. Prohibited Uses

Customer may not:

• Resell, distribute, share, lease, or transfer Data
• Create, supplement, or maintain a competing database, directory, or contact list
• Use Data for credit, insurance, employment screening, or any FCRA purposes
• Violate privacy, telemarketing, anti-spam, or consumer protection laws
• Collect additional contact information to build a competing product
• Disclose Data to unauthorized third parties

HOA Contacts LLC may include tracking or seed records to detect unauthorized use.

9. SMS, Text Messaging, and Automated Communications

• Phone numbers may not have prior consent for SMS or telemarketing
• HOA Contacts LLC does not guarantee opt-in consent for communications
• Customer is responsible for TCPA, CAN-SPAM, state privacy, and all applicable compliance
• HOA Contacts LLC does not obtain or verify consent; Customer must ensure legal compliance before initiating communications

10. No Consent Representation

HOA Contacts LLC makes no guarantee that any person in the Data has consented to receive marketing communications. Customer is responsible for ensuring compliance with all laws.

11. Data Accuracy and Changes Over Time

• Data may change due to resignations, role changes, opt-outs, relocations, or updates
• All Data is provided AS IS and AS AVAILABLE with no guarantee of accuracy, completeness, or suitability

12. Data Exports and Delivery

HOA Contacts LLC is not responsible for delays or failures caused by internet outages, email issues, spam filters, or technical interruptions.

13. Warranties Disclaimer

All Data, products, and services are provided AS IS and AS AVAILABLE, without warranties of any kind, express or implied.

14. Limitation of Remedies

Customer's sole remedy shall be re-performance or replacement of the applicable Data or service at HOA Contacts LLC's discretion.

15. Limitation of Liability

HOA Contacts LLC shall not be liable for indirect, incidental, consequential, punitive, or special damages. Total liability shall not exceed the amount paid for the specific Data or service.

16. Indemnification

Customer agrees to indemnify and hold harmless HOA Contacts LLC for claims related to:

• Use or misuse of the Data
• Violations of laws or this Agreement
• Email, SMS, telemarketing, or outreach activities
• Privacy, TCPA, CAN-SPAM, or consumer protection claims

17. Ownership and Confidentiality

All Data, systems, methodologies, and proprietary materials remain exclusive property of HOA Contacts LLC. Customer must maintain confidentiality and prevent unauthorized use.

18. Intellectual Property

Customer may not use HOA Contacts LLC trademarks, logos, or branding without written consent.

19. Relationship of the Parties

No partnership, joint venture, agency, or employment relationship is created. Assignment requires prior written consent.

20. Force Majeure

HOA Contacts LLC is not liable for delays caused by events beyond reasonable control, including natural disasters, government action, labor disputes, or internet outages.

21. Governing Law and Venue

• Governed by Delaware law
• Physical operations may be subject to Florida law
• Non-arbitrable disputes are filed exclusively in Delaware courts

22. Legal Notices

Send notices to:

Notices deemed delivered:

• Upon personal delivery
• 3 business days after mailing
• Next business day via overnight courier

23. Suspension and Termination

HOA Contacts LLC may suspend or terminate access for violations, misuse, non-payment, or actions that create legal/reputational risk. Customer must cease use and destroy all Data upon termination.

24. Dispute Resolution and Binding Arbitration

All disputes are subject to binding arbitration through the AAA in Delaware. HOA Contacts LLC may seek injunctive relief in courts for IP or confidential information breaches.

25. Waiver of Jury Trial and Class Actions

Customer waives jury trial and agrees not to participate in class, collective, or representative actions. Arbitration must be individual.

26. Electronic Acceptance

Use of the Website, purchases, downloads, or account creation constitutes electronically binding agreement.

27. Audit Rights

HOA Contacts LLC may request written certification of compliance and require confirmation that unauthorized use has ceased.

28. Data Deletion and Destruction

Upon termination or request, Customer must permanently delete all Data, including copies held by third parties, and certify completion in writing.

29. No Endorsement or Affiliation

Customer may not imply HOA Contacts LLC endorsement or affiliation without written consent.

30. Attorney Fees

Prevailing party in disputes is entitled to recover reasonable attorneys' fees and costs.

31. Survival

Confidentiality, ownership, indemnification, limitation of liability, dispute resolution, and related provisions survive termination.

32. Severability

If any provision is unenforceable, the remainder remains in effect.

33. Entire Agreement

This Agreement supersedes all prior communications or agreements, written or oral.

34. Privacy Policy

Use of the Website is also governed by HOA Contacts LLC's Privacy Policy.