OurCommunityApp.com is a closed ended networking service for HOAs, Rental Communities, Condominiums and Mobile Home Parks where the information and services for their particular community is all uploaded by the community. Based in South Florida, the company was founded in 2019 and launched in March of 2020.
If you have any privacy-related questions, concerns or complaints about our Privacy Policy, our practices or our Services, you may contact our Office by email at support@ourcommunity.com. In the alternative, you may contact us by either of the following means:
Welcome to Our Community.This Membership Agreement (“Agreement”) describes your rights and responsibilities related to your use of Our Community’s website, smartphone application, and its provision of its products and services.Our Community is the private social network for community associations and their members; we hope that community associations everywhere will use the Our Community platform to build stronger and safer neighborhoods around the world. By creating your Our Community account, as a community association member (“association member”), community association resident (“resident member”), or local business or service provider (“business member”), clicking “continue,” or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding Agreement, along with the Privacy Policy , and Cookies Policy. If you useOur Community’swebsite or smartphone application but are not an enrolled association member, resident member or business member (each, a “visitor”), by using ourwebsite or smartphone application, you agree to be bound by the terms of this Agreement, and acknowledge that you have read the Privacy Policy and the Cookies Policy.
We use “Our Community ” here to refer to the Our Community’swebsite, and theiOS and Android smartphone application, and their intended use to provide a digital forum for the dissemination of information, including but not limited to: (1) Events Calendar(s); (2) Association Bulletins and notifications; (3) Weather Alerts; (4) Emergency Information; (5) Advertisements; and, (6) Member Messages and Posts (also referred to as our “Products and Services”). We also use “Our Community,” “we”, “us” and “our” to refer to the company(ies) operating our Products and Services, specifically,Ourcommunityapp.com, LLC, a Florida limited liability company,with its principal address located at 13762 W State Rd 84 #134 Davie Fl 33325.
BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT. I. ELIGIBILITY.As an association member, you must be an existing homeowners association, condominium association, or property association (collectively, “community association”), lawfully formed and doing business in your respective state or governing jurisdiction.
Each community association member is limited to one account residence, which may be permitted to add more then one user to the account, so long as the user resides in the residence, within your community association. You may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your personal account. Specialized accounts (such as Business Pages) are allowed to authorize more than one representative of their business or organization to utilize their account password for solely for use in their official capacity.
When you register for Our Community you must use your association name if you are a community association, real name if you are a resident member or business member and not a pseudonym, except in circumstances that, in Our Community’s sole judgment, warrant an exception. Submitting inaccurate registration information, registering if you know you don’t meet our eligibility requirements, or otherwise providing false registration information is a violation of this Agreement and could constitute a crime.
You may not use our Products and Services if: (1) You are under 18 years old, (or do not meet applicable age requirements to use social media products and services where you live); (2) We previously disabled your account for violations of our terms or policies as articulated in this Agreement, Privacy Policy, Cookies Policy or other policies instituted from time to time; (3) You are no longer a community association as defined by law in your state or governing jurisdiction; or, (4) You are prohibited from receiving our Products and Servicesunder applicable law. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this Agreement on your behalf and that you are fully able and competent to enter into this Agreement.
The community association account administrator (“community association administrator”) provides primary assistance with enforcing these eligibility requirements, and possesses ultimate discretion regarding your membership. Additionally, Our Community relies on you, to enforce these eligibility requirements.Lastly, it is also our responsibility to enforce this Agreement, our Privacy Policy, and Cookies Policy. If you believe that a member in your community does not meet these eligibility requirements, you may report your concerns to us at ourcommunityapp27@gmail.com. Your designated community association administrator, and Our Communityreserve the right to refuse registration and to revoke membership to and from any you, or your household your organization, or your business, and to suspend, delete or deactivate your account or limit your privileges at any time, without liability to us.
II. ACCOUNT TYPES.Our Community offers membership accounts to association members, personal accounts to individual resident members, subscription accounts to business members, and to nonprofits, news media, and other organizations(collectively, the “members”). Please note, not all Our Community account types, and features are available in all locations.
III. ACCOUNT ACCESS.To access or use Our Community’s Products and Services or to modify your account, you may be required to establish an account and obtain a login name, account number, password, and/or passphrase. You authorize us to process any and all account transactions initiated through the use of your password and/or passphrase. You are solely responsible for maintaining the confidentiality of your password and passphrase. You must immediately notify us of any unauthorized use of your password or passphrase and you are responsible for any unauthorized activities, charges and/or liabilities made through your password or passphrase.In no event will we be liable for the unauthorized use or misuse of your login name, account number, password, or passphrase, or for the unauthorized access to your account(s) as a result of same. You agree that we may log off, terminate, or cancel any account that is inactive for an extended period of time at our sole discretion. IV. FEES AND PAYMENTS, TERM & RENEWALS.
As consideration for the Products and Services you purchase, subscribe to, or otherwise utilize, you agree to pay Our Community all applicable prices and fees as designated in the related checkout process, with such prices and fees subject to change as provided in this Agreement. All prices and fees are due immediately or upon processing and are non-refundable, except as otherwise expressly provided in this Agreement, as required by applicable law, or as such fees are billed by Our Community under an invoice or order confirmation for Products and Services issued to you that expressly permits payment within thirty (30) days after Our Community has sent you such invoice or order confirmation ("Net-30 Customers"). Our Community may require you to successfully complete a credit application prior to you qualifying to become a Net-30 Customer, and will provide a credit application in conformity with Florida and federal law.
If you require Additional Services, then additional prices and fees will apply pursuant to then current rates, which are also subject to change in accordance with this Agreement. All quoted prices and fees exclude all applicable sales tax, use tax, value added tax (“VAT”), and other taxes and government charges, whether federal, state or foreign. By engaging Our Community, you acknowledge you are responsible for payment of all such taxes, fees, duties and charges on your payment for the purchase of Services arising from any and all fees under this Agreement. All payments of prices and fees for Our Community Services shall be made in U.S. dollars. Although Our Community may display pricing in various currencies, transaction processing is supported only in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. If the currency of your bank or credit card account is not in U.S. dollars, you may be charged exchange rate conversion fees by your bank or credit card company, and Our Community strongly advises you obtain this information from either your financial institution or credit card company.
In addition, due to time differences between: (1) The time you complete the checkout process; (2) The time the transaction is processed; and, (3) The time the transaction posts to your bank or credit card, the conversion rates may fluctuate and Our Community makes no representations or warranties that: (1) The amount submitted to your bank or credit card for payment will be the same amount that is posted to your bank or credit card statement; or, (2) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank or credit card statement, and you agree to waive any and all claims against Our Community based upon such discrepancies (including any and all claims for a refund based on the foregoing). You acknowledge and agree that you may be charged VAT based on the country indicated in the account holder’s address information associated with your account.
Unless otherwise stipulated in the related checkout process, payment for the Products and Services are to be made via a charge to your credit card, charge card, or bank account provided to us (“the Account”). You are solely and absolutely responsible for any Account information that you provide to Our Community and must promptly inform Our Community of any changes or updates to the method of payment. By submitting an order for ourProducts and Services, you authorize Our Community to charge your Account or to otherwise immediately bill you for the Products and Services. You acknowledge and agree that unless otherwise expressly stipulated in the order process or otherwise changed afterwards in accordance with the applicable process, all annual, monthly or other recurring fees related to the Products and Services or otherwise referenced in this Agreement are to be recurring transactions that will be billed on an ongoing basis until the Products and Services are terminated in accordance with this Agreement.
If you have provided billing information and authorized Our Community for automatic billing, then Our Community will bill you automatically in accordance with the applicable billing frequency agreed upon by the Parties, and in conformity with applicable billing cycle. If you elect to pay for the Products and Services in installments, provided such a payment schedule is expressly permitted and accepted by Our Community, all installments must be received on or before the applicable due date. If you qualify, we may, at our sole and absolute discretion, extend payment terms. Remember, you are obligated to pay for the full amount of the term’s fees under the Agreement, even if such payment of the full amount is scheduled in installments, unless agreed to otherwise in writing by Our Community.
Pricing for Products and Services, renewals, and upgrades and add-ons may vary based upon the date of your purchase and nature of upgrade and add-on. Additional payment terms may apply to the Products and Services you purchase, as set forth in the applicable supplemental service and product schedules to this Agreement,on ourwebsite,or as otherwise outlined in the applicable checkout process. Unless otherwise specified herein, on our website or in the applicable order process, the term for each Our Community Service is for one-month and will automatically renew on a recurring basis until the Agreement is properly terminated in accordance with the terms of this Agreement. Our CommunityProducts and Services provides for a monthly billing cycle, and will be billed every four (4) weeks from the inception of the provision of the products or rendering of service, unless you opt for an annual subscription, in which case your subscription will renew on the anniversary of the effective date of the Agreement. For purposes of this Agreement the effective date shall be the date in which you have processed payment in accordance with terms of this Agreement and any additional supplemental agreements. Any renewal of your Products and Services with us is subject to our then current Membership Agreement, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable service prices and fees at the time of renewal. Cancellation of your Products and Services can be performed written notice by email toOurCommunityapp27@gmail.comwith subject header “Cancellation Request.”
Our Community will provide you with an opportunity to opt-in to our automatic renewal process in accordance with the instructions on ourwebsiteor in the applicable checkout process. You agree that if you are enrolled in or otherwise utilizing our auto-renewal service, we will attempt to renew your Products and Service within thirty (30) days prior to expiration, with a courtesy notice to you thirty (30) days in advance of termination of this Agreement. Such automatic renewal for your Products and Services, if successful, may be for a shorter term than the term for which you originally purchased your Products and Services, but in no event shall such term be longer than the agreed-upon term currently in place for the Products and Services. You further agree that, should you change from auto-renewal process to manual renewal process, that you must contact Our Community customer service by telephone in order to effectuate such a change. In any event, you are solely and absolutely responsible for the accuracy and secure transmission of credit card or payment information you provide to Our Community and must promptly inform Our Community of any changes thereto (e.g., change of expiration date or account number). You acknowledge and agree that Our Community may extend the expiration date on your credit card on file with us in order to protect against unwanted expiration of the Products and Services and to allow for the automatic renewal thereof. In addition, you are solely and absolutely responsible for ensuring the Products and Services are renewed and if you elect not to renew, to notify Our Community pursuant to this Agreement.
OUR COMMUNITY SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE PRODUCTS AND SERVICES OR RENEWAL OF PRODUCTS AND SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING THE PRODUCTS AND SERVICES WHETHER DUE TO YOU, US OR A THIRD PARTY. IN ORDER TO PROCESS A RENEWAL, WE MAY USE THIRD-PARTY VENDORS FOR THE PURPOSE OF UPDATING THE EXPIRATION DATE AND ACCOUNT NUMBER OF YOUR CREDIT CARD OR OTHER PAYMENT METHOD ON FILE. SUCH THIRD-PARTY VENDORS MAINTAIN RELATIONSHIPS WITH VARIOUS CREDIT CARD ISSUERS AND MAY BE ABLE TO PROVIDE US WITH THE UPDATED EXPIRATION DATE AND ACCOUNT NUMBER FOR YOUR CREDIT CARD BY COMPARING THE INFORMATION WE HAVE ON FILE WITH THE INFORMATION THE THIRD-PARTY VENDOR HAS ON FILE. YOU ACKNOWLEDGE AND AGREE THAT WE MAY SHARE YOUR CREDIT CARD AND PERSONALLY IDENTIFIABLE INFORMATION, OR OTHER PAYMENT METHOD INFORMATION WITH SUCH THIRD-PARTY VENDORS FOR THE PURPOSE OF OBTAINING ANY UPDATE TO YOUR CREDIT CARD EXPIRATION DATE, ACCOUNT NUMBER OR PAYMENT ACCOUNT.Without limiting any of Our Community's rights hereunder, should you become delinquent in your payment obligations to us, Our Community may, in its sole and absolute discretion, with or without notice, suspend or cancel your Products and Services; provided, however, related charges shall continue to accrue, and remain your responsibility to pay Our Community. You acknowledge and agree that Our Community is not responsible whatsoever for any effect the suspension of Products and Services might have on your community, business, or interests. If Our Community provides any discount to you and you default on payments or obligations as outlined herein, Our Community may rescind all discounts and require full payment for the Products and Services. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% (one and one-half percent) per month or the maximum amount allowed by law, whichever is less. Our Community further reserves the right to refer any amounts owed hereunder to a third party for collection in the event of default. In the event your account is sent to collection, you agree to pay all costs of collection, including costs, reasonable attorneys fees and court costs. A $50.00 (Fifty U.S. Dollars and Zero Cents) collection fee shall be charged for all dishonored checks. Moreover, an additional fee may also be assessed for the following reasons: (1) Late payment; (2) Payment with insufficient funds; (3) Denied or invalid credit card number; or, (4) The re-starting or reinstating of Products and Services terminated for nonpayment. Our Community will re-start, re-deliver or reinstate any such Products and Services in our sole and absolute discretion and upon receipt of payment in full of the applicable membership fee, subscription fee, renewal fee or other fees attributed to your default.
If you pay for the Products and Services by credit card, debit card or charge card, you permanently and irrevocably waive any and all right to enact a ‘chargeback' (that is, a disputed, reversed or contested charge with the applicable bank, credit card, charge card or other payment method) against these payments for any reason whatsoever against Our Community. If for any reason Our Community is unable to charge your Account or other payment method for the full amount owed for the Services provided, or if Our Community receives notification of a chargeback, reversal, payment dispute or is charged a penalty fee, you agree that we may pursue all available legal remedies in order to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any Products and Services. We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for: (1) Additional tasks we may perform outside the normal scope of the Products and Services; (2) Additional time and/or costs we may incur in providing the Products and Services; and/or (3) your noncompliance with this Agreement (as determinedby us in our sole and absolute discretion).
Typical administrative or processing fee scenarios include, but are not limited to: (i) Our Community service issues that require additional personal time or attention; (ii) recouping any and all costs and fees, including the cost of Products and Services, incurred by Our Community as the results of chargebacks or other payment disputes brought by you, your bank or other payment method processor. These administrative fees or processing fees will be billed to your account or other payment method you have on file with Our Community.
V. PRIVACY AND PREFERENCES.If you are a resident member, we don’t charge you to use Our Community’s website or smartphone application; instead, your community association pays subscription fees to display and relay information and messages to you, including but not limited to:(1)Emergencymessages;(2) Calendared community events; (3)Community association announcements; (4) Weather alerts; (5) Posts from fellow members; and, (6) Private messages from your community association administrator. Further, localbusinesses, service providers,and organizations pay us to show you ads about their productsand services. By accessing ourwebsite, or utilizing Our Community smartphone application, you understand that we will display information,events, and/oradvertisements that we think will be relevant to you, your community, your interests and you acknowledge, and that you have read the Privacy Policy, which explains how we handle, your community’s,its resident members’ and visitors’ personal information.
The Products and Services, including any personalized products and services, cannot be provided and the Agreement cannot be performed without us processing data about you, your community and members and visitors. The provision of personalized content and advertisements is essential to the delivery of our Products and Services and a core part of our agreement with you. In particular, in order to provide a platform for ourProducts and Services on a continuous and consistent basis under this Agreement, it is necessary for us to provide and personalize advertising, paid for by business members,and sometimes may be based on your use of Our Community, including with information regarding your interests and your on-site and off-site actions.
By enrolling as an association member, you agree to be wholly responsible for, and to disseminate information related to your association, moderate messages from resident members, the association and in some instances, filter notifications from Our Community, resident members and business members. By registering as a resident member, you agree to receive notifications from Our Community about posts from your community association, local businesses and service providers and from government agencies. You may also opt in to various topics for which you will then receive notifications. You can change your preferences about receiving messages from your community association, residents,local businesses or service providers, government agencies, or other organizations here.
VI. CONTENT AND FEEDBACK.Asa member, you retain all ownership rights to the text, photos, and video messages, responses and other content you submit to Our Community or your community association administrator. Further, you give us permission, in the form of a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license, to use, copy, and publish your Content based on your Our Community settings and the selections you make when posting and as otherwise described in our Privacy Policy. For purposes of this Agreement, the term “Content” is defined as necessary information, data, text, music, sound, images, photographs, graphics, video, messages, tags, custom images (including, but not limited to, design, pamphlets, brochures, logos and other images) related to your community association, you, or your respective business. This means, for example, if you post a comment on Our Community, you give us permission to store, copy, and share it with others (consistent with your settings). Remember, do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise tortious. We do not proactively moderate Content posted by association members, resident members and business members. This is the responsibility of the community association administrator. However, we can remove Content posted by you, suspend, delete or deactivate your account or limit privileges, or otherwise refuse service to you, if you violate this Agreement or our other policies, or infringe upon our intellectual property, or otherwise engage in behavior that we think harms Our Community or harms your community.
You give us permission to use your name and profile picture, and information about actions you have taken on Our Community,next to or in connection with ads, offers and other sponsored content we display in connection with our Products and Services, with no additional compensation to you. We may also post, comments, recommendations and other interactions, along with your name and profile picture, in different areas of the Products and Services from time to time. As a community association member, you give us permission to post information about your association’s calendar of events and announcements. For the avoidance of doubt, this permission is not intended to constitute consent under EU data protection law.
VII. MEMBER RESPONSIBILITIES, REPRESENTATION.Generally, you shall be responsible for the following (whereby you agree that your failure to perform these responsibilities shall be deemed a material breach of this Agreement): (1)Providing current and updated member information (including your required first and last name, association information, and/or company information, required billing address, required e-mail address, required postal address, required phone and fax numbers, etc.) for Our Community’s use in contacting you regarding the Products and Services and checking those points of contact throughout the term of this Agreement for notices and/or updates from Our Community; (2)Delivering to Our Community all content and other materials to be used in connection with the Products and Services, including but not limited to Our Community’s websites, smartphone applications and business advertising platforms or otherwise for use in conjunction with the Products and Services, which Our Community expressly agrees to supply;(3)Acquiring any authorizations necessary to use the intellectual property (including, but not limited to, copyrights and trademarks) and/or lawfully licensed information of third parties;(4)Promptly responding to Our Community for all changes, modifications and enhancements related to the Products and Services and otherwise remaining engaged in related processes; (5)Granting to Our Community and its subcontractors the necessary rights and licenses with respect to the dissemination of accurate information on the community and company advertising platform to members, in order to carry out obligations under this Agreement; (6) Engaging in honest and civil discourse, and ethical business practices, in connection with the Products and Services provided by Our Community; (7)Maintaining a current and complete backup of your Content at all times; (8)Obtaining Internet connectivity to access and operateyour respective website, and to send and receive e-mail and to otherwise access and utilize the Internet; and, (9) Contacting Our Community with notice of your decision to cancel or discontinue the use of its Products and Services.
IF NO SUCH NOTIFICATION IS GIVEN TO OUR COMMUNITY BY YOU, OUR COMMUNITY WILL ASSUME YOU ARE SATISFIED WITH AND ACCEPT ALL PRODUCTS AND SERVICES, AND OUR COMMUNITY WILL BILL ANY RELATED FEES DIRECTLY TO YOUR, CREDIT CARD, AUTOMATED CLEARING HOUSE (ACH), ACCOUNT, OR OTHER PAYMENT METHOD PROVIDED OR OTHERWISE IDENTIFIED BY YOU.Depending on the Products and Services you elect to receive, you may also be responsible for establishing and maintaining a commercial relationship with a financial institution or money transmitter such as a credit card processor, bank, or PayPal. The terms of any such relationship are between you and that entity and such terms may be more restrictive or place limits on your use of the Products and Services; you should therefore contact those entities for more information regarding such terms where applicable.
You hereby represent and warrant as follows: (1) You can form legally binding contracts under applicable law; (2) You are at least eighteen (18) years old and are responsible for supervising the activities of any underage user; (3) To your knowledge, there is no action, proceeding or investigation pending or threatened which questions, directly or indirectly, the validity or enforceability of this Agreement, or affecting your business operations; (4) Entering into this Agreement or otherwise purchasing the Products and Services will not conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default or result in a termination of, any agreement or instrument to which you are a Party; (5) You have taken all actions required by applicable law and have obtained all consents which are necessary to authorize or enable it to enter into this Agreement and/or purchase the Products and Services; (6) To the extent that you are a business entity, duly organized under the state of your incorporation/organization, the individual ordering the Products and Services or otherwise entering into this Agreement on your behalf has been duly authorized and is empowered to bind the business entity to this Agreement; (7) You shall ensure the accuracy of the materials provided to us, including, but not limited to, content, descriptive claims, warranties, guarantees, nature of business, and contact information; (8) You shall acquire any authorization necessary for hypertext links and images to third-party websites used on your community or otherwise in conjunction with the Products and Services; (9) To the extent you gather any personal information about visitors to your community page, you shall not share that personal information with any third party without first obtaining a member’s or visitor’s consent; (10) You will not publish content or other materials, or use the Products and Services in any manner that either directly or indirectly infringes any rights of a third party; and, (11) Your use of the Products and Services will in all respects conform to all applicable laws and regulations.
VIII. INTERACTIONS WITH OTHER MEMBERS. VIII. A. GENERALLY.At Our Community, we believe that friendly, neighborly behavior is the foundation of healthy communities.
IX. TRANSACTIONS WITH BUSINESSES.In using Our Community,you, and not Our Community, are responsible for your own decisions and actions. In addition, your engagement of local business and service providers does not make us an employer, placement agency, representative, or agent of, or for you, or any other neighbor or service provider. If you and another member decide to work together, the two of you, and not Our Community, are responsible for complying with any laws that might apply, such as tax or employment laws. Our Community is not a party to transactions or disputes between members. If you write a recommendation or other comment about a transaction with an association member, or resident member,or their business member, be truthful, fair and neighborly in your comments, and do not post any of their personal information (e.g., address, smartphone number, or photos) without their permission.
X. DISPUTES BETWEEN MEMBERS; WAIVER OF CLAIMS AGAINSTOUR COMMUNITY.If you have a dispute with another Our Community residentmember, your community association administrator, association, or business member,we hope that you will be able to work it out amicably. However, if you cannot, please understand that Our Community is not responsible for the actions of its resident members, community association administrator, association or business members; each member is responsible for their own actions and behavior, whether using Our Community or otherwise. Accordingly, to the maximum extent permitted by applicable law, you release Our Community (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”
XI. COMMUNITY ASSOCIATION ADMINISTRATORS.Some members, known as Community Association Administrators, are provided with additional account features to use, and to support their fellow resident members; they are not Our Community employees, representatives, or agents. Our Community does not interview, run background checks on, monitor, supervise, or control Our Community members, including those who serve as Community Association Administrators.
XII. TEXT MESSAGING ALERTS.If you use our urgent alert text messaging service, note that the alerts are not intended to replace any primary phone service, such as a traditional landline or smartphone phone that may be used to contact emergency services and first responders. Our Community does not charge for sending text messages, but your carrier may charge you. Alerts sent via SMS may not be delivered if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time; furthermore, within a coverage area, factors beyond the control of the user’s wireless carrier may interfere with message delivery, including equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered. By using our urgent alert text messaging service, you agree to adhere to the urgent alert rules described here.
XIII. RESTRICTIVE COVENANTS.You shall not: (1) Create or disseminate scandalous, obscene, defamatory, pornographic or immoral content, nor use content for any other purpose which is prohibited by law; (2) Rent, lease, sublicense or lend your account to another person or legal entity without the express written consent of Our Community; (3) Attempt to transfer the rights to your account; (4) Re-sell, distribute or sub-license your account, or the right to use the Images to anyone for any purpose, except as specifically provided for in this Agreement; or, (4) Use your account as part of any use involving sensitive subject matter, as determined by Our Community in its sole and absolute discretion, including, but not limited to, the following sensitive subjects: all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, cancer, mental ailments, alternative lifestyle issues and physical or mental abuse, without advance written consent from Our Community and any model in such Image. Sensitive subject usage pertains to informational,commercial, and editorial uses.
XIV. OWNERSHIP; LICENSES; TRADEMARK; COPYRIGHT AND DMCA.Upon successful purchase of Our Community Products and Services, Our Community will grant you a Single Use (SU) through this Agreement. The SU grants you a non-exclusive and non-transferrable right to use the Software subject to the following conditions: (1)Your license to use any software provided by Our Community are subject to your payment of all amounts and fulfillment of all its obligations as provided in this Agreement and any other applicable agreement as stipulated by Our Community; (2)You acknowledge that in the event of expiration or termination of this Agreement for any reason, all Software licenses granted under this Agreement will immediately become null and void and you must destroy all; (3)You acknowledge that the Software and its structure, organization, files and source code constitute valuable trade secrets of Our Community.
Accordingly, except as expressly allowed under this Agreement, you will not, either directly or through a third party: (1) Copy, modify, adapt, alter, translate or create derivative works from the Software, or Background Technology; (2) Distribute, sublicense, lease, rent, loan or otherwise transfer the Software to any third party; or (3) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software.For purposes of this Agreement, “Background Technology” means computer programming and formatting code or operating instructions developed by or for Our Community. Background Technology includes, but is not limited to, any files necessary to disseminate private messages, compile third party information, and deliver advertising messages through a web-based, cloud-based, digital or otherwise, as well as underlying technology or components, in furtherance of providing an informational and advertising platform for community associations, organizations, local businesses and service providers and mobile home parks. Background Technology does not include any content provided by, and lawfully owned by a member (“Member Content”) or any derivatives, improvements or modifications of Member Content. Where such Background Technology is provided to you hereunder, you may not, either directly or through a third party, perform the following: (1)Copy, modify, adapt, alter, translate or create derivative works from the Background Technology; (2) Distribute, sublicense, lease, rent, loan or otherwise transfer the Background Technology to any third party; or, (3)Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Background Technology. In the event of expiration or termination of this Agreement for any reason, any Background Technology licenses granted under this Agreement will automatically and immediately cease and you must destroy all copies of the Background Technology or related documentation in your possession.
Certain additional features that Our Community may make available to you may require access to and/or installation of additional software (including third-party software) that is subject to supplemental or independent terms and conditions (“Additional Software”). Similarly, Our Community may make available “Additional Services” (including third- party services) that are subject to supplemental or independent service agreements or other related terms and conditions. You agree that you will not use such Additional Software or Additional Services unless you have agreed to the applicable service agreements and/or other related terms and conditions, including, but not limited to, your payment of additional fees as required.
Except as otherwise set forth herein, all right, title and interest in and to: (1) All registered and unregistered trademarks, service marks and logos; (2) All patents, patent applications and patentable ideas, inventions and/or improvements; (3) All trade secrets, proprietary information and know-how; (4) All divisions, continuations, reissues, renewals and extensions thereof now existing or hereafter filed, issued or acquired; (5) All registered and unregistered copyrights including, but not limited to, any forms, images, audiovisual displays, text and software; and, (6) All other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in or practiced in connection with any ofOur Community’s Products and Services identified herein (collectively, "Our Community Intellectual Property Rights") are owned by Our Community, its licensors and licenses. You agree to make no claim of interest in or ownership of any such Our Community Intellectual Property Rights. You acknowledge and agree that no title to the Our Community Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, with respect toOur Community’s Products and Services or Our Community Intellectual Property Rights, or its licensors' or its licensees’ service, other than the rights expressly granted in this Agreement. To the extent that you create any derivative work (defined as “any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted.”), any such derivative work is owned by Our Community and all right, title and interest in and to each such derivative work automatically vests in Our Community. Our Community has no obligation to grant you any right in any such derivative work, except as otherwise expressly provided in one or more of the supplemental service and product agreements. Any software provided by Our Community under this Agreement (“Software”), including but not limited to, its proprietary smartphone application and advertising platform (hereinafter, “Software”), and all of the associated modules (also referred to as “Add-Ons"), plugins and code customizations, and all worldwide intellectual property rights therein are the exclusive property of Our Community. Our Community reserves all rights in and to the Software not expressly granted to you in this Agreement.
If you have any questions regarding Our Community Intellectual Property Rights, you can reach our notification agent at Ourcommunityassociationapp.com, LLC, 2981 N. Nob Hill Road, Suite # 406, Sunrise, FL 33335. Phone: +1 954-557-7750. EmailOurCommunityapp27@gmail.com. Type in the subject line: Legal Inquiry.If you are in the U.S., your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).
XV. PARENTAL CONTROLS.Parental control protections (such as computer hardware, software, or filtering products and services) may assist you in limiting access to material that is harmful to or inappropriate for minors. You can find more information about parental controls by reviewing your operating system preferences, settings, and help documentation for your computer or smartphone device.
XVI. CONTROL OF YOUR COMMUNITY.Unless otherwise expressly stated herein or depending on the Products and Services you elect to receive, you will be solely responsible for the operation of your Our Community Page, including the dissemination of community information, and handling any resident member inquiries, complaints or disputes arising thereof. You agree that Our Community has no obligation to backup information or data related to your Our Community Page for a specified period of time, you should independently take appropriate steps to maintain such data in accordance with your needs and requirements.<.p>
You will be solely responsible for creating, and controlling the content on your Our Community Page, unless Our Community provides additional products and services to you under this or any other supplemental service and product agreements applicable to the plan(s) you purchased from Our Community.When acting as a conduit, Our Community will give you discretion over your Content provided it is compatible with any Products and Services offered by Our Community and its proprietary Software, and the content is acceptable under the terms under this Agreement. You retain all rights, title, and interest in and to all intellectual property rights embodied in the Content, exclusive of any content provided by Our Community.
You acknowledge that, when providing you with the ability to publish and distribute your own or third-party products, services or content on your Our Community page and its Software, Our Community is acting only as passive conduits for the publishing and/or distribution of such products, services or content. Our Community has no obligation to you or any third party, and undertakes no responsibility to review your Our Community Page, the products or services listed therein or any other content, including, but not limited to, user-generated Content published and/or distributed on your Our Community Page to determine whether any such product, service or content may incur liability to third parties.
Except as otherwise stated in this Agreement, you are to be considered the owner of all content, so long as you are a member. You also acknowledge and agree that Our Community reserves the right to use your name and your Our Community Page in Our Community portfolio and/or other advertising and promotional materials as provided for above.
XVII. RESTRICTIONS FROM OUR LICENSORS; THIRD PARTY LICENSORS.Some of the information and Products and Services available through Our Community are licensed from third parties and covered by these third-party terms and disclosures.
If you download and install the Our Community smartphone app, we give you a limited, revocable, non-transferable license to use it only to access and use Our Community on your own behalf through your iOS or Android product; additional terms may apply from the site you download it from (Apple App Store or Google Play store) or the manufacturers of your device or software.
XVIII. DISPUTE RESOLUTION.If you have a dispute with Our Community, you agree to contact us and try to resolve the dispute informally before pursuing other avenues, specifically arbitration.
XIX. INTEGRATION.This Agreement constitutes the entire agreement between you and us with respect to our Products and Services, and supersedes any other agreements or understandings (oral or written). We can amend this Agreement and any additional terms by notifying you of the changes (for example, by emailing you, or by posting an amendment notice in your community’s news feed). If you keep using Our Community after the amendment is effective, you accept and are bound by the new terms; if you disagree with the new terms, you should stop using Our Community and delete your account.
XX. NO WARRANTY.OUR COMMUNITY’S SOFTWARE AND PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” YOU AGKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK, AND THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OUR COMMUNITY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHERMORE, OUR COMMUNITY DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES AND/OR ANY INFORMATION OBTAINED THEREBY WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE OR ERROR FREE. OUR COMMUNITY FURTHER MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, NOR DOES OUR COMMUNITY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND SERVICES.
We may add, change, or discontinue product and service features; if you are dissatisfied, your only remedy is to stop using Our Community or the affected feature. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.
XXI. LIMITATION OF LIABILITY.You acknowledge and agree that Our Community will not be liable under any circumstances to you or any other party, person or entity for any damages or losses that may result from the following:
(1)TERMINATION, SUSPENSION, LOSS OR MODIFICATION OF YOUR PRODUCTS AND SERVICES; (2) USE OF OR INABILITY TO USE THE PRODUCTS AND SERVICES; (3) INTERRUPTION OF BUSINESS; (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEBSITE OR SMARTPHONE APPLICATION OR PRODUCTS AND SERVICES; (5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (6) EVENTS BEYOND OUR COMMUNITY AND ITS SUBCONTRACTORS’ CONTROL; (7) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR OUR COMMUNITY’S POLICY; (8) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (9) TRANSACTIONS CONDUCTED ON AN ASSOCIATION MEMBER OR BUSINESS MEMBER WEBSITE, INCLUDING FRAUDULENT TRANSACTIONS; (10) LOSS INCURRED IN CONNECTION WITH YOUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, E-COMMERCE TRANSACTIONS; (11) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT (This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by Our Community’s own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by service interruptions caused by Our Community’s own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by you.); (12) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT NUMBER, PASSWORD OR SECURITY AUTHENTICATION OPTION; (13) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (14) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR PRODUCTS AND SERVICES; (15) LOSS OR LIABILITY RELATING TO THE DELETION OF OR FAILURE TO STORE PUBLIC OR PRIVATE MESSAGES; (16) VIOLATION OF ANY THIRD PARTY RIGHTS, INCLUDING, BUT NOT LIMITED TO, RIGHTS OF PUBLICITY, RIGHTS OF PRIVACY, INTELLECTUAL PROPERTY RIGHTS AND ANY OTHER PROPRIETARY RIGHTS; (17) LOSS OR LIABILITY THAT YOU MAY INCUR IN CONNECTION WITH OUR COMMUNITY’S PROCESSING OF YOUR APPLICATION FOR OUR COMMUNITY’S PRODUCTS AND SERVICES, THE PROCESSING OF ANY AUTHORIZED MODIFICATION TO YOUR ACCOUNT NAME, OR YOUR AGENT’S FAILURE TO PAY ANY FEES, INCLUDING THE INITIAL MEMBERSHIP ENROLLMENT FEE, SUBSCRIPTION FEE, ADVERTISING FEE, OR RE-REGISTRATION FEE; AND, (18) ANY OTHER MATTER RELATING TO YOUR USE OF THE PRODUCTS AND SERVICES NOT ATTRIBUTABLE TO THE NEGLIGENCE, GROSSLY NEGLICENT OR INTENTIONAL ACTS OF OUR COMMUNITY.
OUR COMMUNITY DISCLAIMS ANY RESPONSIBILITY FOR ANY CONTENT, GOODS AND SERVICES SOLD BY YOU OR OTHERWISE MADE AVAILABLE THROUGH YOUR WEBSITE, OR THE QUALITY OR ACCURACY OF ANY INFORMATION ON YOUR WEBSITE. OUR COMMUNITY WILL NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH YOUR WEBSITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PURCHASERS OF PRODUCTS OR SERVICES OFFERED THROUGH OR RESULTING FROM THE SERVICES OR USE OF YOUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL SALES OF GOODS OR SERVICES, CREDIT CARD TRANSACTIONS, BANKING OR SECURITIES TRANSACTIONS, OR ANY BUSINESS, SERVICE OR MERCHANDISE AGREEMENTS. ADDITIONALLY, THE OUR COMMUNITY WEBSITE AND SMARTPHONE APPLICATION PLATFORM MAY CONTAIN LINKS TO OTHER INTERNET WEBSITES OR RESOURCES (INCLUDING PARTNER WEBSITES OR THIRD-PARTY ADVERTISING ON OUR COMMUNITY’S WEBSITE AND SMARTPHONE APPLICATION PLATFORM). YOU ACKNOWLEDGE AND AGREE THAT NEITHER OUR COMMUNITY NOR ANY THIRD PARTY ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR: (I) THE AVAILABILITY OR ACCURACY OF LINKED WEBSITES OR RESOURCES OR (II) THE CONTENT, ADVERTISING OR PRODUCTS AND SERVICES ON OR AVAILABLE FROM SUCH LINKED COMMUNITIES. THE INCLUSION OF ANY LINK ON OUR WEBSITE, OR SMARTPHONE APPLICATION PLATFORM DOES NOT IMPLY THAT OUR COMMUNITY OR A THIRD PARTY ENDORSES ANY OF THE LINKED BUSINESSES AND SERVICE PROVIDERS, AND YOU AGREE TO USE THE WEBSITE AND SMARTPHONE APPLICATION PLATFORM AT YOUR OWN RISK.
Our Community’s aggregate liability shall not exceed the total amount paid by you for the Products and Services, but in no event shall it be greater than One Hundred U.S. Dollars and Zero Cents ($100.00) (“Liquidated Damages”), in the aggregate, and you acknowledge and agree that this will be your exclusive remedy under this Agreement and otherwise, if Our Community is deemed liable in relation to your use of the Products and Services. You agree that Our Community’s entire liability, in law, equity or otherwise, with respect to any Products and Services provided under this Agreement and/or for any breach of this Agreement, is solely limited to the amount you paid for such Services during the term of this Agreement, except as otherwise limited herein. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states Our Community’s liability is limited to the maximum extent permitted by law. The liquidated damages amount is not a penalty and is not to be construed as such.
You acknowledge and agree that any claim or cause of action arising out of or related to this Agreement or any of Our Community’s Products and Services must be filed within one (1) year after such claim or cause of action initially arose or such claim or cause of action is permanently barred.
You acknowledge and agree that the limitations contained in this Section are an essential element of this Agreement and absent such limitations, Our Community would not enter into this Agreement or provide Products and Services hereunder. Each Party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein.
XXII. INDEMNITY.You agree to release, indemnify, defend and hold harmless Our Community, Its officers, directors, employees, agents, subsidiaries, partners, contractors, shareholders, attorneys, assigns and affiliates from and against any loss, liabilities, damages, costs, or expenses, including reasonable attorneys’ fees, resulting from any third-party claim, action or demand arising under or relating to: (1) This Agreement or the breach of Member warranties, representations and obligations under this Agreement or any other Our Community term, rule, policy or agreement; (2) Your failure to perform in accordance with this Agreement; (3) Your use of the Products and Services; or, Your violation of any third-party rights.
You agree that this indemnification obligation survives this Agreement’s termination or expiration. You agree to give prompt, written notice to Our Community upon the receipt of notice of any claim by a third party against you which might give rise to a claim against Our Community, stating the nature and basis of such claim and, if ascertainable, the amount thereof.
When Our Community is threatened with a lawsuit or is sued by a third party, Our Community may seek written assurances from you concerning your promise to indemnify Our Community. Additionally it may seek an Opinion Letter from your attorney. Such assurances may, without limitation, be in the form of a deposit of money by you to Our Community or its representatives to cover Our Community’s fees and expenses, including, but not limited to, reasonable attorneys’ fees, in any such lawsuit or threat of suit. Your failure to provide such assurances shall be considered by Our Community to be a material breach of this Agreement. Our Community shall have the right to participate in any defense by you of a third-party claim related to your use of any of Our Community’s Products and Services, with counsel of Our Community’s choice. Our Community shall reasonably cooperate in the defense at your request and expense. You shall have sole and absolute responsibility to defend Our Community against any claim, but you must receive Our Community’s prior written consent regarding any related settlement.
XXIII. GENERAL.This Agreement does not create any agency, partnership, joint venture, joint controllership, employment, or franchise relationship. To the extent allowed by applicable law, this Agreement is binding and other translations are for convenience only. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant that you are not located in a country that is (i) subject to a U.S., Irish, or EU Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country or (ii) listed on any U.S., Irish, or EU Government list of prohibited or restricted parties.
XXIV. HEADINGS; CONFLICTS WITH OTHER AGREEMENTS; ASSIGNMENT.The section headings contained in this Agreement are inserted for convenience only and do not affect in any way the meaning or interpretation of this Agreement. Also, in all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender and number as the text of this Agreement may require.
In the event of any conflict between this Agreement and the terms and conditions governing your use of any Products and Services provided by Our Community’s third-party service providers or any registry administrator, the terms and conditions of this Agreement govern as it relates to any rights, obligations and remedies as between you and Our Community.
You may not assign or transfer, either directly or through a third party, this Agreement or any of its interests, rights or obligations hereunder (in any product or service), without the prior written consent of Our Community. Any attempted assignment in violation of the foregoing provision will be null and void and of no force or effect whatsoever. Our Community may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without notice or your consent. You may not assign its rights under this Agreement, without written consent from Our Community. This Agreement is binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns.
XXV. JURISDICTION-SPECIFIC DISCLOSURES. XXV.A. GOVERNING LAW.This Agreement is governed by Florida law, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement section of this Agreement. However, the governing law provision regarding the interpretation of this Agreement is not intended to create any other substantive right to non-Floridians to assert claims under Florida law whether that be by statute, common law, or otherwise. This section is only intended to specify the use of Florida law to interpret this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods (“CISG”) is expressly excluded.
XXVI.ARBITRATION AGREEMENT.You and Our Community agree to the arbitration and dispute resolution terms in this section (the “Arbitration Agreement”). For the purposes of this Arbitration Agreement, references to “Our Community,” “you,” “we” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, partners, shareholders, predecessors in interest, successors, assigns, and heirs. We encourage you to read these important terms, which include an arbitration requirement (except for small claims) and require claims to be brought individually, and include instructions for how to opt out if you do not agree.
XXVI. A. APPLICABILITY.You agree that any dispute or claim relating in any way to your access or use of the Our Community’s website, smartphone apps, products and service, or to any aspect of your relationship with Our Community, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
XXVI. B. ARBITRATION RULES & FORUM.The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Ourcommunityapp.com, LLC, 13762 W State Rd 84 #134 Davie Fl 33325, Attn: Legal Department. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person or at another mutually agreed location. The dispute will be arbitrated by a three member Arbitration Panel, affiliated with the American Arbitrators association, in Broward County in the State of Florida. You will choose one arbitrator, Our Community will choose an arbitrator, and the two arbitrators selected shall choose the third arbitrator. The simple majority decision of three-arbitrator panel shall be binding upon the Parties.Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
XVI. C. AUTHORITY OF ARBITRATOR.The arbitrators shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Our Community. The arbitrators shall have the authority to grant motions dispositive of all or part of any claim. The arbitrators shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrators shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrators has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrators is final and binding upon you and us.
XXVII. WAIVER.No waiver of any provision of this Agreement is effective unless it is in writing and signed by an authorized representative of Our Community. Our Community’s remedies under this Agreement are cumulative and not alternative, and the election of one remedy for a breach does not preclude Our Community’s pursuit of other remedies. The failure of Our Community to require your performance of any Agreement provision does not affect the full right to require such performance at any time in the future. The waiver by Our Community of any rights arising out of any breach of any Agreement provision shall not be taken or held to be a waiver of the provision itself. Any failure by Our Community to enforce any of its rights under this Agreement or any applicable laws does not constitute a waiver of such right under this Agreement or any Policies Service Agreements, agreed to between You and Our Community.
Neither Party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than: (1) By an authorized representative; and, (2) In an explicit written waiver. No waiver of any rights arising out of a breach of this Agreement will constitute a waiver of rights relating to any prior or subsequent breach of this Agreement.
XXVIII. WAIVER OF JURY TRIAL.YOU AND OUR COMMUNITY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
XXIX. WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE MEMBER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER OR VISITOR. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Broward County, Florida. All other claims shall be arbitrated.
XXX. 30-DAY RIGHT TO OPT OUT.You have the right to opt out of the provisions of this Agreement that mandate arbitration by sending written notice of your decision to opt out to: legal@Our Communityapp.com, within 30 days after first becoming subject to a version of this Agreement containing an arbitration provision. Your notice must include your name and address, your Our Community username (if any), the email address you used to set up your Our Community account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
XXXI. SURVIVAL OF ARBITRATION AGREEMENT.
This Arbitration Agreement will survive the termination of your relationship with Our Community.
XXXII. MODIFICATION.Notwithstanding any provision in this Agreement to the contrary, we agree that if Our Community makes any future material change to this Agreement, or Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Our Community at the following address: OurCommunityapp27@gmail.com.
XXXIII. NOTICES.All mail Notices from Our Community to you are deemed effective when: (i) sent by certified mail, return receipt requested or by Federal Express or other recognized overnight delivery service to your last known mailing address; (ii) sent via e-mail to your last known member contact e-mail address; (iii) sent via fax to your last known fax number; or posted on http://www.ourcommunityapp.com/legal and/or any of the applicable pages linked thereto, as updated from time to time. When you provide contact information to Our Community, you agree that Our Community may use this information to contact you in any format or manner Our Community chooses. We will provide you with an opportunity to opt out via email or telephone optout@ourcommunity.com.
Welcome to Our Community! We invite your to read this Privacy Policy Statement. It describes the types of personal information collected and created in connection with your use of Our Community how and why we use such information, who we share it with, and your legal rights. This Privacy Policy Statementgoverns the method and manner in whichOURCOMMUNITYAPP.COM, LLC (along with all subsidiaries, affiliates, successors and assigns thereof, referred to hereinafter collectively as “OUR COMMUNITY”,"we", "our" and/or "us"), uses and shares personal information you provide in a responsible manner. By visiting its Website, joining OUR COMMUNITY’s community network, or usingOUR COMMUNITY’s smartphone application you accept this Privacy Policy Statement or by otherwise interacting with OUR COMMUNITY, you agree to accept the practices described in this Privacy Policy Statement. For residents of the EU, please note that this Privacy Policy Statement has been updated in accordance with the requirements of the EU General Data Protection Regulation (GDPR). For residents of the US and non-EU countries, by visiting, joining, or using OUR COMMUNITY, or otherwise indicating that you agree to this Privacy Policy Statement, you consent to, and authorize our use of your personal information as described in this Privacy Policy Statement.When you use OUR COMMUNITY, there are expectations for how you must respect and protect the privacy of clients. For purposes of this Privacy Policy Statement, “clients” are residential and commercial community associations (including but not limited to residential condominium associations, professional condominium associations, cooperative associations, homeowner’s associations, and timeshare managing entities), social clubs, local businesses, service providers and organizations.These expectations are spelled out in our Membership Agreement (hereinafter “Membership Agreement”). Please read it. This Privacy Policy Statement is further subject to ourCookies Policy (hereinafter “Cookies Policy”) related to OUR COMMUNITY’sproducts and membership subscription services or community advertising platform (hereinafter “Products and Services”). For questions on this Privacy Policy Statement please contact our customer support team via >emailatourcommunityapp27@gmail.com/p> >INFORMATION WE COLLECT.
When we provide you with our Products and Services, we collect or receive information in several different ways. In many cases you choose what information to provide. Some information is required in order to use OUR COMMUNITY and for us to identify appropriate Products and Services. We use this information for the purposes described further below. We receive and store any information you enter on our Website, smartphone application or give us in any other manner,including but not limited to telephone, electronic mail, social media, or otherwise. As further described below, We collect and retain personal contact information that you submit to us voluntarily including but not limited to, your name, mailing address, web address, telephone number, financial information (as further discussed in this Privacy Policy Statement) and e-mail address. Additionally, we may collect contact information provided to us during any correspondence relating to customer support, as well as in connection with products and services offered on our Website, or through our smartphone application. Below is a list of information collected:
We work to protect the security of your financial information during transmission by using Secure Sockets Layer ("SSL") software, which encrypts the information you input on the Website. Keep in mind however, that no method of transmission over the Internet or method of electronic storage is 100% secure.Therefore, while we strive to use commercially acceptable means to protect your personal information we cannot guarantee its absolute security. You can further help to ensure your security by taking a few simple precautions. For instance, it is important to protect against unauthorized access to your computer and to any OUR COMMUNITY username and password, and to be sure to sign off when you are finished using a shared computer.
Access To Personal Information:OUR COMMUNITY gives you the ability to access the information you have provided for the limited purpose of viewing and, in certain cases, updating that information. To view or change this information, OUR COMMUNITY’sclient may contact Customer Support or log in to your online control pane via OUR COMMUNITY’s website or smartphone application, We may retain your information in our files after you terminate all of your Products and Services with us to resolve disputes, enforce our relevant Membership Agreement, Cookies Policy and to adhere to the technical and legal requirements and constraints related to the security, integrity and operation of the Website. Past clients may request this information by emailing or calling Customer Support. Please note, however, that no financial information will be provided over the phone, and in no event will such information be provided without verification.
Children:You must be at least eighteen (18) years old to register online or purchase our goods or services. OUR COMMUNITYdoes not knowingly collect information from children under the age of eighteen (18).Further, this website is not directed at children under 13 years of age. If you believe that we have collected any information belonging to that of a child, please notify us immediately.
Disputes:By choosing to visit the Website, using OUR COMMUNITY’s smartphone applications and/or utilizing any OUR COMMUNITY’s services, you agree that any dispute you may have regarding this Privacy Policy Statement, involvingthe use of your information by OUR COMMUNITY shall be governed by the laws of the United States of America and the State of Florida, without regard to conflict of laws principles, as if the Agreement was a contract wholly entered into and wholly performed within Broward County in the state of Florida. You further agree that the Arbitration Agreement section of the Membership Agreement, the terms of which are incorporated herein by reference, shall govern disputes involving this Privacy Policy Statement. Please note that if you enter into other agreements with OUR COMMUNITY, such other agreements may supersede this Privacy Policy Statement. If you have any concerns about your privacy, please contact customer support, and we will attempt to resolve it.
YOUR CALIFORNIA PRIVACY RIGHTS.California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding the disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to PrivacyPolicy@ourcommunityapp.com, or write to us: Ourcommunityapp.com, LLC c/o Privacy Team: 13762 W State Rd 84 #134 Davie Fl 33325
CHANGES TO THIS PRIVACY POLICYDue to the constantly changing nature of our business, we reserve the right to change, update or modify this Privacy Policy Statement at any time at our sole discretion, and will post any new Privacy Policy Statement here. Any such change, update or modification will be effective immediately upon posting on our Website, receipt of notification on your smartphone application,. You are responsible for checking our Website, or accessing your smartphone application, and checking email notifications frequently to keep apprised of recent changes. By going to our Website or utilizing our smartphoneapplication or use our Products and Services after the Effective Date you are deemed to have consented to our then-current Privacy Policy Statement and will be bound by its terms and amendments.
Questions:Any questions concerning this Privacy Policy may be directed to ourcommunityapp27@gmail.com , and in the Subject Line please type: Privacy Policy. To report instances of suspected abuse, please send an email toourcommunityapp27@gmail.com , and in the Subject Line please type: Abuse.
This Cookies Policy applies to Ourcommunityapp.com, LLC (along with all subsidiaries, affiliates, successors and assigns thereof, referred to hereinafter collectively as “OCA”, “Our Community”, "we", "our" and/or "us"), our websites and services. The privacy of our customers is paramount and we understand your concerns regarding how your personal information is used and/or shared and that it be done so in a responsible manner. By visiting this or another OCA website utilizing this Cookies Policy or a link thereto (a "Website", or collectively the “Websites”), or by otherwise interacting with OCA, you agree to accept the practices described in this Cookies Policy. This Privacy Policy is further subject to the OCAMembership Agreement, Privacy Policy related to the OCA services you utilize and/or purchase. For questions on this Cookies Policy please contact our customer support via the contact information found on this Website.OCA values your privacy and is dedicated to protecting your personal information and providing you with notice about what personally identifiable information we collect and how it is used, what choices you have regarding the collection, use and distribution of that information, the security procedures we implement to protect that information and what access you may have to correct any inaccuracies in the information we have collected from you.
What Information Is Collected:We receive and store any information you enter on our Websites or give us in any other way, such as via telephone, electronic mail, online or otherwise. For example, this information may be collected when you register a domain name or when you contact us for customer support. Here are the types of information we gather:
OCA has no control over and is not responsible for the privacy policies or information gathering practices of other websites, including those to which we may link and those which may link to us. We strongly recommend that you review the privacy policies and Cookies Policy of every online service you use before submitting any personal information and direct any concerns to the site administrator of that website.
Limitation Of Liability:OCA ASSUMES NO RESPONSIBILITY OR LIABILITY WITH REGARD TO ANY THEFT, LOSS, ALTERATION OR MISUSE OF PERSONAL OR OTHER INFORMATION LAWFULLY PROVIDED BY OCA TO THIRD PARTIES, OR WITH REGARD TO THE FAILURE OF ANY THIRD PARTY TO ABIDE BY COOKIES POLICY OR SUCH THIRD PARTY'S PRIVACY POLICY OR ANY AGREEMENT BETWEEN THAT THIRD PARTY AND OCA.
Choice And Opt-Out:You may opt-out of marketing communications from us by contacting Customer Support or opting out from the opt-out link in any marketing email we send to you.
Children:You must be at least eighteen (18) years old to register online or purchase our goods or services. OCA does not knowingly collect information from children under the age of eighteen (18).
Effective Date:The Effective Date of this Cookies Policy is set forth below. Due to the constantly changing nature of our business, we reserve the right to change, update or modify this Cookies Policy at any time at our sole discretion, and will post any new Cookies Policy here. Any such change, update or modification will be effective immediately upon posting on our Website. You are responsible for checking our Websites frequently to keep apprised of recent changes. By going to our Websites or utilizing our services after the Effective Date you are deemed to have consented to our then-current Cookies Policy and will be bound by its terms.
How to Contact Us:For questions about this Cookies Policy please contact Customer Support
WE RESERVE THE RIGHT TO AMEND ANY PORTION OF THE INCORPORATED AGREEMENTS WITH OR WITHOUT NOTICE. IT IS THE CUSTOMER'S RESPONSIBILITY TO REVIEW ALL OUR POLICIES FREQUENTLY TO ENSURE COMPLIANCE.