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HOAFILING – TERMS OF SERVICE

Effective date: 08/01/24

These Terms of Service (“Terms”) constitute a legal agreement between HOAFiling LLC, a Missouri limited liability company (“Company”), and you, the individual or entity agreeing to these Terms (“you”). If you represent a business, law firm, accounting firm, homeowners association (HOA) management company, or any other professional services firm (collectively, “Professional Service Firm”), or if you are a professional filing service (“Professional Filer”), or a client of such firms authorized to use the Service for your own benefit (“Client User”), you accept these Terms on behalf of your organization or on your own behalf. In this context, “you” includes your business, company, association, partnership, or you as an individual user.

These Terms also govern your use of any software, video, text, data, information, graphics, and other proprietary content (collectively, “Materials”) that we or our affiliates make available, as well as any services provided through our website (“Site”). Together, the Site, Materials, and services are referred to as the “Service.” These Terms become effective when you click the “I Agree” box or otherwise accept them and proceed to use the Service.

BY CLICKING “I AGREE” OR OTHERWISE ACCEPTING THESE TERMS AND USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT ACCEPT THEM OR USE THE SERVICE.

I. THE SERVICE

The Service facilitates online Corporate Transparency Act (CTA) filings for HOA management companies, law firms, accounting firms, professional filers, and other entities. We provide a convenient online service to assist professional filers and entities in submitting CTA filings. Please note that we are not a law firm, accounting firm, or government agency.

Starting January 1, 2024, the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Department of the Treasury, requires CTA filings. The information you provide through the Service will be submitted directly to FinCEN.

Important Disclaimer: The Service does not provide financial, legal, or regulatory advice. For CTA compliance or any related questions, please consult your legal or financial professional. THE SERVICE AND ANY CONTENT PROVIDED ARE NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL OR FINANCIAL ADVICE.

II. MODIFICATIONS

(a) Modifications to the Terms: We reserve the right to change, update, or modify these Terms at any time by prompting you to accept the new or revised Terms. If you do not agree with the updated Terms, you must stop using the Service immediately. If you have prepaid for unused reports, you may contact us to discuss your concerns and request a refund. Alternatively, we may allow you to continue using the Service under the original Terms until your prepaid reports are exhausted.

(b) Changes to the Service: We may modify or discontinue the Service at any time, without notice. If you object to any changes, your only recourse is to stop using the Service. We are not liable for any modifications, suspensions, or discontinuations of the Service.

(c) New Features: Additional terms may apply to new features or services. By using these features, you agree to the additional terms, which will govern in the event of any conflict with these Terms.

III. PRIVACY

Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how we handle your information.

IV. USERS OF THE SERVICE

(a) Business Filers: If you are filing on behalf of a business entity, you are responsible for the accuracy and completeness of the information provided, as well as for timely submissions to FinCEN. The Service is a tool to assist with mandatory CTA questions, but it relies on accurate information from you. You use the Service at your own risk and assume full responsibility for all outcomes.

(b) Professional Service Firms and Professional Filers: If you are filing on behalf of clients, you must ensure the accuracy and completeness of all information submitted. You are responsible for complying with all applicable laws and protecting the privacy and confidentiality of your clients’ information. You represent that you are authorized to act on behalf of your clients and to share their information with us as necessary.

V. USE OF THE SERVICE

(a) License to Use the Service: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service solely for making your own CTA filings or, if applicable, for making filings on behalf of your clients. You may not use the Service for any other purpose.

(b) Restrictions: You may not:

  • Remove any proprietary notices from the Service.
  • Reproduce, modify, distribute, sell, or exploit the Service except as expressly permitted.
  • Decompile, reverse engineer, or disassemble the Service.
  • Interfere with the Service’s security features.
  • Use automated means to access or scrape the Service.
  • Resell the Service without our written permission.

(c) Account Registration: To use certain features of the Service, you must register for an account. You are responsible for maintaining the confidentiality of your account information and for all activities under your account. We may delete inactive accounts and refuse future use if you violate these Terms.

(d) Data Network and Internet Access: You are responsible for any network or data charges incurred when accessing the Service.

(e) Beta Features: Beta features are provided “AS-IS” and may be subject to additional rules or restrictions.

VI. PURCHASES AND REFUNDS

Refund requests must be made before using the Service for any CTA filing. No refunds will be issued after a CTA filing has been made. If you cancel your account, you will not receive a refund. All sales are final once the Service is used.

VII. PAYMENTS

You agree to pay all applicable fees and charges for using the Service. We may use third-party payment providers, and if payments are not made on time, we may suspend or terminate your access to the Service.

VIII. RULES OF CONDUCT

By using the Service, you agree not to:

  • Provide false or misleading information in filings.
  • Use the Service to build or design competing products.
  • Engage in illegal activities.
  • Interfere with the Service’s functionality or security.

We reserve the right to terminate your account and access to the Service for any conduct that we deem inappropriate or harmful.

IX. FEEDBACK

Any feedback you provide to us is non-confidential and non-proprietary. We may use your feedback for any purpose without attribution or compensation.

X. INTELLECTUAL PROPERTY RIGHTS

(a) License for Content: By uploading content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute your content as necessary to operate the Service.

(b) Monitoring: We may monitor and remove content as necessary to comply with legal obligations or ensure compliance with these Terms.

(c) Aggregated Data: We may use anonymized and aggregated data for our business purposes.

(d) Ownership: The Service and all related intellectual property are owned by us or our licensors. Your license to use the Service is limited and subject to these Terms.

XI. TERM AND TERMINATION

These Terms remain in effect as long as you use the Service. We may terminate or suspend your account at any time for any reason. Upon termination, you must stop using the Service and destroy any materials downloaded from the Service. All provisions that by their nature should survive termination will survive.

XII. LINKS TO THIRD-PARTY SITES

The Service may contain links to third-party websites. We are not responsible for the content or practices of these sites, and your use of them is at your own risk.

XIII. DISCLAIMER OF WARRANTIES

(a) General Disclaimer: The Service is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind. We do not guarantee uninterrupted or error-free access to the Service.

(b) Liability Disclaimer: We are not responsible for any errors or delays in filings or for any fines or penalties imposed by FinCEN due to your use of the Service.

XIV. LIMITATION OF LIABILITY

To the fullest extent permitted by law, we are not liable for indirect, incidental, consequential, or punitive damages. Our total liability to you will not exceed the amount you have paid us in the six months preceding the claim.

XV. INDEMNITY

You agree to indemnify us against any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

XVI. LOCAL LAWS

You are responsible for complying with local laws when using the Service outside the United States.

XVII. DISPUTE RESOLUTION AND ARBITRATION

(a) Overview: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration in Columbia, Missouri, in accordance with the rules of the American Arbitration Association (“AAA”). Missouri law governs these Terms. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

(b) Initiation: To initiate arbitration, the aggrieved party must send the other party a written notice of intent to arbitrate, outlining the details of the dispute (“Dispute”). Parties are encouraged to resolve the Dispute prior to formal arbitration.

(c) Process: If a resolution cannot be reached within 30 days after notice, each party shall select one arbitrator, and these two arbitrators will select a third arbitrator to conduct the arbitration. The costs of arbitration will be split equally between the parties unless otherwise directed by the arbitrator. If either party delays or fails to comply with these provisions, the delaying or non-compliant party shall bear reasonable costs of delay. The arbitration should be scheduled as soon as possible to ensure a prompt resolution. In the event a party fails to comply with the arbitration provision or award, the other party is entitled to costs, including reasonable attorney’s fees.

(d) Severability: If any section of this arbitration provision is found to be unenforceable or invalid, it shall be modified to be enforceable, and the remaining provisions will remain in effect.

(e) Class Action Waiver: Both parties agree to waive the right to participate in a class action or collective arbitration. Any claim that all or part of this Class Action Waiver is unenforceable may be determined only by a court of competent jurisdiction, not by an arbitrator.

XVIII. ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically and agree that such communications satisfy any legal requirements for written communication.

XIX. CONSUMER NOTICE

California residents are entitled to certain consumer rights notices, as described in Section XIX.

XX. GENERAL

These Terms, along with our Privacy Policy, constitute the entire agreement between you and us. If any provision is found unenforceable, the remaining provisions will remain in effect. These Terms cannot be assigned by you but may be assigned by us.