HOA Contacts LLC Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of the website located at hoacontactlists.com (the “Site”) and the data, reports, files, and related services made available through it (collectively, the “Services”), provided by HOA Contacts LLC (“HOA Contacts,” “Company,” “we,” “us,” or “our”). Please read these Terms carefully. By accessing the Site, creating an account, purchasing Credits, or placing an Order, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Acceptance of These Terms

By using the Services, you represent that you are at least 18 years old, that you have the authority to enter into these Terms, and that you accept these Terms in full. If you are using the Services on behalf of a company or other legal entity, “you” and “Customer” refer to that entity, and you represent that you are authorized to bind it to these Terms.

2. Definitions

• “Data” means any contact information, records, lists, reports, files, or other data made available, delivered, or licensed to you through the Services, including board member and community association contact records.
• “Credits” means the prepaid units that may be purchased and redeemed to place Orders for Data.
• “Order” means a request you submit to receive Data, whether through search, filter, selection, or custom request.
• “Deliverable” means the file or output we provide to you in fulfillment of an Order.

3. Eligibility and Accounts

To purchase or access Data, you may be required to create an account. You agree to provide accurate and complete information and to keep it current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, and you agree to notify us promptly of any unauthorized use. We may suspend or terminate accounts that contain inaccurate information or that are used in violation of these Terms.

4. Credits and Purchases

Access to Data is provided through a credit-based system. Credits may be purchased through the Site at the prices then in effect. Volume and tiered pricing may be available, under which larger Credit purchases reduce the effective cost per record. Credits have no cash value, are non-refundable except as expressly stated in these Terms, and are redeemable only for Data through the Services. We may modify Credit pricing, package sizes, and redemption rates at any time, although changes will not affect Credits you have already purchased.

5. Orders, Delivery, and Fulfillment

After you place an Order and redeem the applicable Credits, we will prepare and deliver your Deliverable, typically as a CSV file within twenty-four (24) hours of the Order, although delivery times may vary. Deliverables are formatted for compatibility with common CRM, email marketing, and spreadsheet applications. Phone numbers, where included, are provided as a complimentary addition to a record and are not guaranteed to be present, current, or working.

6. Pricing, Payment, and Taxes

You agree to pay all amounts due for Credits and any other purchases at the prices in effect at the time of purchase, and you authorize us and our payment processors to charge your selected payment method. You are responsible for any applicable taxes other than taxes based on our net income. All prices are stated in U.S. dollars unless otherwise noted.

7. Refunds and Credit Expiration

Because Data is a digital product compiled from third-party and public sources and delivered for immediate use, all sales are final, and Credits and Deliverables are non-refundable except where required by law or as expressly provided in these Terms. Phone numbers are provided as a complimentary feature, and we do not provide refunds, Credits, or replacements for phone numbers that are missing, disconnected, or non-working. If a Deliverable is materially defective or was not delivered, your sole remedy is for us to re-deliver the Data or, at our discretion, issue replacement Credits. Credits do not expire unless otherwise stated at the time of purchase.

8. License to Use the Data

The Data is licensed to you, not sold. Subject to your compliance with these Terms and your payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Data solely for your own internal business purposes as described in Section 9. We and our data suppliers retain all right, title, and interest in and to the Data. All rights not expressly granted to you are reserved.

9. Permitted Use

You may use the Data only to:

• market, promote, or advertise your own products and services to the contacts in the Data;
• conduct your own internal research and analysis; and
• carry out direct outreach, including direct mail, email, and telephone outreach, in each case for your own business and in compliance with applicable law.

Any use of the Data not expressly permitted in this Section requires our prior written consent.

10. Prohibited Use

You shall not, and shall not permit any third party to:

• sell, resell, license, sublicense, rent, lease, share, syndicate, distribute, publish, or otherwise transfer the Data, in whole or in part, to any third party;
• use the Data, in whole or in part, to create, compile, augment, or contribute to any list, database, directory, compilation, or data product that is offered, sold, distributed, or otherwise made available to any third party;
• use the Data to develop, train, fine-tune, validate, test, or improve any artificial intelligence, machine learning, or large language model, or input, upload, submit, or otherwise process the Data through any artificial intelligence, machine learning, or large language model system, tool, or pipeline;
• use the Data to enhance, append to, verify, enrich, score, or cross-reference any other dataset;
• identify, represent, disclose, publish, or attribute the source, origin, or provenance of the Data, or attempt to reverse engineer, derive, or determine any underlying data source or supplier;
• copy, reproduce, or retain the Data beyond what is reasonably necessary for your permitted use, or remove or alter any notice, label, or identifier we include in a Deliverable;
• use the Data in any manner that violates any applicable law, regulation, or third-party right; or
• access the Services or the Data through automated means, or attempt to circumvent any usage limit, security measure, or access control.

The restrictions in this Section apply to the Data in any form, including any copy, extract, or derivative of the Data, and survive termination of these Terms.

11. Source Confidentiality

The methods, sources, and suppliers we use to compile the Data are our confidential and proprietary information. You agree not to disclose, characterize, or speculate about the source or provenance of the Data to any customer, vendor, competitor, or other third party, and not to represent that any particular organization is a source of the Data.

12. Seeded Records and Audit

The Data may contain seeded, decoy, or tracer records that allow us to detect unauthorized use, copying, or redistribution. The appearance of seeded records, or of Data we can attribute to your Order, in any context outside your permitted use is evidence of a breach of these Terms. We reserve the right, on reasonable notice, to audit your use of the Data to confirm compliance, and you agree to cooperate reasonably with any such audit.

13. Compliance with Laws

You are solely responsible for ensuring that your use of the Data complies with all applicable laws and regulations, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA) and its state equivalents, federal and state Do-Not-Call requirements, and applicable privacy and data protection laws. You are responsible for maintaining any consents, suppression lists, and opt-out mechanisms required for your outreach. Any list scrubbing or suppression we perform is provided as a convenience, does not guarantee compliance, and does not relieve you of your own legal obligations.

14. Data Accuracy and Availability

The Data is compiled from third-party and publicly available sources and is provided on an “as is” and “as available” basis. Contact information changes frequently, and we do not warrant that the Data is accurate, complete, current, or fit for any particular purpose. You are responsible for verifying the Data before relying on it.

15. Intellectual Property

The Site, including its design, text, graphics, software, and other content (other than the Data), and all related intellectual property rights, are owned by us or our licensors. We grant you a limited, revocable license to access and use the Site for the purpose of using the Services. You may not copy, modify, distribute, or create derivative works of the Site without our prior written consent.

16. Term and Termination

These Terms apply for as long as you use the Services. We may suspend or terminate your access to the Services, and any unused Credits, at any time if you breach these Terms or if we reasonably suspect misuse of the Data. Upon termination, or upon our request following a breach, you must immediately cease all use of the Data and delete or destroy all copies of the Data in your possession or control, and certify that you have done so if we request it. Sections 8 through 14 and 17 through 21, and any other provision that by its nature should survive, will survive termination.

17. Disclaimer of Warranties

THE SERVICES AND THE DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE DATA WILL PRODUCE ANY PARTICULAR RESULT.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THE DATA. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

19. Indemnification

You agree to indemnify, defend, and hold harmless HOA Contacts LLC and its members, officers, employees, and agents from and against any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorneys’ fees, arising out of or related to your use of the Data or the Services, your breach of these Terms, or your violation of any law or third-party right.

20. Privacy

Our collection and use of personal information in connection with the Site is described in our Privacy Policy, which is incorporated into these Terms by reference.

21. Changes to the Terms and Services

We may modify these Terms at any time by posting the revised Terms on the Site and updating the “Last Updated” date. Changes are effective when posted. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. We may also modify, suspend, or discontinue any part of the Services at any time.

22. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Delaware, except that either party may seek injunctive relief in court to protect its intellectual property or confidential information. To the extent permitted by law, you and we waive any right to a jury trial and to participate in a class action.

23. General

• Entire Agreement. These Terms, together with any order-specific terms and our Privacy Policy, are the entire agreement between you and us regarding the Services and supersede all prior agreements on the subject.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
• Force Majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.
• Notices. We may provide notices to you by email or by posting on the Site. You may contact us using the information below.
• Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the parties.

24. Contact