I. Clubhouse Rental Terms and Conditions
The following shall govern the terms of service by which you, the HOMEOWNER, may rent your Association Clubhouse facilities (the “Rental Agreement”) through InfoHOA, on behalf of HPS Management (“HPS”).
- REQUESTS FOR CLUBHOUSE RENTAL. HOMEOWNER agrees to submit a Rental Agreement request through InfoHOA. The Association will issue an approval of the Rental Agreement, including the permitted hours thereof, via electronic mail to the address provided by the HOMEOWNER. The Rental Agreement will include the permitted hours, rental fee and security deposit (if applicable). The Rental Agreement fee shall be paid via online payment at the time of online application.
- CLUBHOUSE USE. The Clubhouse may be rented by HOMEOWNERS who are at least 21 years of age and in good standing with the Association. To be in good standing, the HOMEOWNER must not have any delinquent assessments or other charges due the Association or any other unresolved violations. The Clubhouse may be used for private social gatherings by the HOMEOWNER and his/her guests. The Clubhouse may not be used for commercial or business purposes. The HOMEOWNER may not charge a fee for attendance at the event. The sale or consumption of alcohol at the Clubhouse by HOMEOWNER or any of HOMEONWERS guests or invitees is strictly prohibited. The event shall not be open to the public. The Clubhouse may not be used for any fundraising purposes without the express written consent of the Association, which consent may be withheld for any reason. All guests, invitees or attendees must comply with these Terms and Conditions and the rules and regulations of the Association. Rental of the Clubhouse is during the hours indicated on the Rental Agreement and includes the time needed for set up and clean up. Rental of the Clubhouse does not include use of any pool facilities associated with the Clubhouse. The renting HOMEOWNER must be present at the Clubhouse during the entire rental of the Clubhouse. The HOMEOWNER shall be strictly liable and responsible for his/her guests and invitees and ensuring that they comply with both these Terms and Conditions and the rules and regulations of the Association. Neither HOMEOWNER nor his/her guests or invitees shall cause any damage to the Clubhouse or permit anything to be done whereby the Clubhouse will be damaged or defaced. No alterations of any kind shall be made to the Clubhouse. Special care must be taken in moving any furniture to prevent damage to walls or floors of the Clubhouse. Rental hours may not start earlier than 5:00 am and must end by 11:00 pm Sunday through Thursday and may not start earlier than 5:00 am and must end by 1:00 am on Friday and Saturday. If a complaint regarding noise is received from a homeowner, the Association may direct law enforcement to immediately terminate the event with no refund. Music and noise must be kept at a level that cannot be heard inside surrounding homes. The HOMEOWNER will be responsible for ensuring that no loud noises from guests or loud music shall disturb residents in the community. The maximum number of persons who occupy the Clubhouse is restricted by law and may not be exceeded. No grills or other devices that generate flames or heat shall be permitted to be used in the Clubhouse or in any outdoor Clubhouse except for outdoor grill areas already provided and specifically designated.
- SECURITY DEPOSIT. The Association shall designate the security deposit (if any) to HOMEOWNER in the Rental Agreement. The security deposit shall be delivered to the Association prior to the event. The security deposit shall be refundable to the HOMEOWNER if the Clubhouse is left in a broom clean condition and there is no damage to the building, furnishings or equipment. Any costs incurred by the Association in cleaning or repairing the Clubhouse, furnishings, or equipment will be deducted from the security deposit. If the costs exceed the amount of the security deposit, such costs shall be collectible by the Association in the same manner as assessments and may result in a lien on the homeowner’s Lot/Unit. The Board of Directors of the Association, in its sole discretion, shall determine if the security deposit is refundable upon an inspection of the Clubhouse by the Association’s management agent or representative following the event.
- CLUBHOUSE PARKING. Vehicles shall be parked in the spaces that are available for visitor parking. Vehicles shall not park on the grass or otherwise park illegally or in any manner that impedes traffic flow or ingress/egress by other vehicles. Illegally parked vehicles are subject to towing.
- ALCOHOL. No alcohol may be sold, served or consumed on the Clubhouse property. Compliance with all laws is the responsibility of the HOMEOWNER.
- MINORS. Any use of the Clubhouse by attendees under the age of 18 is required to have at least one adult in attendance for every ten (10) minors present.
- ANIMALS. Animals, with the exception of service animals, are not permitted inside the Clubhouse without the prior written consent of the Association, which consent may be withheld for any reason.
- CATERERS: HOMEOWNER may choose to use a caterer for their event at the Clubhouse. Caterers are required to comply with these Terms and conditions and all rules and regulations of the Association. All caterers must be licensed and shall comply with any applicable health and zoning codes. All food and beverages must be removed from the Clubhouse at the end of the event. Leftover food, ice and beverages may not be dumped onto landscaping or soil anywhere on the Clubhouse property by catering staff or guests. HOMEOWNER and his/her caterer are required to provide their own tableware, linens, and service items. No catering equipment or other items may be left in the Clubhouse after the event without the express written consent of the Association, which consent may be withheld for any reason.
- PERSONAL PROPERTY. All personal property shall be removed from the Clubhouse after the event. The Association is not responsible for personal items left in the Clubhouse.
- DECORATIONS. No decorations may be affixed to the walls or any fixtures in the Clubhouse using tape, thumb tacks, nails, screws, staples, pins or any other application that will cause damage. No glitter, rice, bird seed or confetti shall be used in the Clubhouse. The use of candles or other open flames (except for candles on a birthday cake) are strictly prohibited.
- SMOKING. Smoking (including the smoking of prescription medication and marijuana) and the use of vaping products in the Clubhouse is strictly prohibited. Smoking shall be limited to posted areas.
- CLEANING. The Clubhouse must be cleaned, and all decorations, food items, personal items and trash removed, and the Clubhouse must be vacated by the end time indicated on the Rental Agreement. All tabletops, chairs, counter tops, and any appliances used must be wiped clean. All appliances and lights need to be turned off, and all doors and windows locked. HOMEOWNER shall spot mop, broom sweep or vacuum, as needed. Any furniture that was moved shall be returned to the original placement. Failure to leave the Clubhouse clean after the event may result in the forfeiture of all or a portion of the security deposit.
- UTILITIES/APPLIANCES. Neither HPS nor the Association make any representation or warranty to the HOMEOWNER as to the performance of appliances, heating, cooling, plumbing or electrical facilities in the Clubhouse. HOMEOWNER’S use of any appliances in the Clubhouse shall be limited to the intended fashion thereof, and HOMEOWNER is strictly liable and responsible for all damages and misuse to any appliances.
- TERMINATION. The Association reserves the right to cancel any scheduled event, for any reason. In the event of such termination, the security deposit (if any) shall be returned to HOMEOWNER.
- LIABILITY/INDEMNIFICATION. HOMEOWNER on behalf of himself/herself, his or her heirs, successors and assigns, and on behalf of his/her guests and invitees, and their heirs, successors and assigns, hereby releases the HPS, the Association, InfoHOA and their respective officers, directors, shareholders, members, agents, employees, contractors, successors and assigns, from any claims which HOMEOWNER, his or her guests or invitees, now have or may hereafter have which are related in any way to any loss, damage, or injury sustained in connection with their use of the Clubhouse or as a result of any activity in connection with the use of the Clubhouse, including, but not limited to, consumption of alcohol or other intoxicating substances. HOMEOWNER on behalf of himself/herself, his or her heirs, successors and assigns, and on behalf of his/her guests and invitees, and their heirs, successors and assigns, agrees to indemnify, defend and hold harmless HPS, the Association, InfoHOA and their respective officers, directors, shareholders, members, agents, employees, contractors, successors and assigns, against any claims, demands, damages, costs, including reasonable attorney’s fees, arising from the use of the Clubhouse by HOMEOWNER, their guests and invitees. The foregoing indemnification shall not be conditioned upon the availability of insurance coverage and the HOMEOWNER’s failure to obtain insurance coverage or the refusal of the insurer to pay any claim or otherwise assist HOMEOWNER in fulfilling such obligations shall not relieve HOMEOWNER of the indemnification obligations set forth herein. The indemnification provisions shall survive beyond the event and/or any termination of the Rental Agreement.
- FORCE MAJEURE. In the event the Clubhouse is damaged or destroyed by fire or other casualty or unforeseen occurrence that shall render the Association’s fulfillment of the Rental Agreement impossible, then the Rental Agreement shall terminate automatically, and the security deposit shall be returned to HOMEOWNER. In such event, neither HPS nor the Association shall incur any additional obligations, and neither shall not be liable for any consequential damages associated with the termination of the Rental Agreement. The return of the security deposit shall be the HOMEOWNER’s sole and exclusive remedy for the termination of this Agreement by the Association, and the HOMEOWNER hereby expressly waives any claims for damages or compensation arising from or related to the termination of this Agreement under this paragraph.
- LIMITATION OF LIABILITY. NEITHER HPS NOR THE ASSOCIATION SHALL BE LIABLE TO HOMEOWNER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE), WHETHER ARISING UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- This Rental Agreement may not be assigned by HOMEOWNER without the express written consent of the Association, which consent may be withheld for any reason. The parties agree that the Rental Agreement and these Terms and Conditions contain the entire understanding between them and there are no oral or written promises, inducements, representations, warranties, covenants, undertakings or agreements whatsoever, except as contained therein. The Rental Agreement shall be governed by the law in which the Clubhouse is physically located. In any litigation or other legal or administrative proceeding arising from the Rental Agreement or a breach of these Terms and Conditions, the Association shall be entitled to recover its reasonable attorney’s fees and costs from the HOMEOWNER if the Association prevails. HOMEOWNER acknowledges and agrees that he/she has read and is familiar with any and all Association declarations, covenants, bylaws, rules and regulations and policies concerning the Clubhouse, and agrees to be bound by the same.
II. Architectural Change Request (Exterior Alteration) Terms and Conditions
The following shall govern the terms of service by which you, the HOMEOWNER, may submit architectural requests (“Requests”) to your Homeowners Association (the “Association”).
- PLACEMENT OF REQUESTS. HOMEOWNER agrees to submit all Requests to HPS Management (“HPS”) via InfoHOA, and to receive Requests fulfillments to the email address provided by HOMEOWNER. Formal approvals or denials will also be sent to the HOMEOWNER via first-class mail. All Requests must provide all necessary information required on the attached Request form in order to be considered. Any fee charged by HPS and/or the Association for submission of the Request shall be non-refundable.
- HOMEOWNER understands that all Requests are reviewed by the Board of Directors and/or the Architectural Review Committee of your Association, subject to the terms and provisions of any Declaration, Bylaw and/or Rule or Regulation governing the Association and the real properties within your community. Depending on the scope of the Request, a decision on the Request may, subject to the requirements of any Declaration, Bylaw and/or Rule or Regulation governing the Association, take thirty (30) or more calendar days for the Board of Directors and/or the Architectural Review Committee to meet and review the Request. HOMEOWNER acknowledges that HPS and its agents employees do not make any decision or recommendation regarding the Request. HOMEOWNER acknowledges that the decision on the Request, including all conditions therein, is expressly binding upon the HOMEOWNER. No work on any Request may commence until the HOMEOWNER receives an approval. HOMEOWNER shall only complete the scope of work contained in the approved Request. All work completed is at HOMEOWNER(S) sole risk and expense and in no way shall HPS or the association in which the Subject Property is located be liable for any costs of the Request and work therein. Any alteration or modification of any approved Request shall require a re-submitted Request, with the information required in Section 3 below. Any and all contractors and individuals who perform work pursuant to an approved Request shall be performed by a contractor or individual who is properly licensed, insured, and bonded in accordance with state law.
- All Requests shall, at a minimum, contain the following information. Failure to contain the below information shall result in a Request denial: a. Total dimensions of proposed project, if applicable, include square footage; b. A complete list and description of materials to be used, including manufacturer, color, and model; c. If applicable, a plat showing property boundaries with the area of the proposed alteration drawn thereon; d. If applicable, a diagram, elevation, and/or illustration of the proposed project, (a working web-link may be used); e. If a contractor is completing work, copy of contractor’s work license and certificate of insurance.
- HOMEOWNER acknowledges that he/she/they shall obtain any necessary governmental approvals and permits for any approved Request, prior to commencing work. Approval of a Request shall not be deemed to be a governmental approval or permit. HOMEOWNERS shall hire a licensed utility locating service to mark any utility line(s) prior to any digging.
- HOMEOWNER understands status updates and questions regarding the Request may be emailed to Admin@InfoHOA.com or mailed P.O. Box 1056, Havre de Grace, Maryland 21078. Please allow three (3) full business days for a response.
- HOMEOWNER represents and warrants that he/she/they is the fee simple owner of the Subject Property that is the subject of the Request. All HOMEOWNERS that have a fee simple interest in the Subject Property by virtue of a deed shall sign the Request electronically.
- HOMEOWNER acknowledges that where permitted by law any Declaration, Bylaw and/or Rule or Regulation governing the Association, the Association may rescind approval of your Request or require future modification of the improvement that is the subject of the Request, the cost of which shall be the full responsibility of the HOMEOWNER.
- INDEMNIFICATION AND LIMITATION OF LIABILITY. HOMEOWNER(S) hereby agree that any and all liability caused by, or arising from, the Request, the subject of the Request and any work performed pursuant to an approved Request shall be expressly assumed by the HOMEOWNER(S). HOMEOWNER(S) shall indemnify and hold harmless HPS and the Association and their respective officers, directors, employees, agents, representatives, successors and assigns from and against all claims, damages, losses, costs and/or expenses, including, but not limited to attorneys’ fees, arising out of the Request, the subject of the Request and any work performed pursuant to an approved Request. Any damage to association property or existing infrastructure due to the construction or installation of any work pursuant to an approved Request shall be remedied at the HOMEOWNER(S) sole cost and expense.
- The HOMEOWNER(S) further hereby agree that any and all future maintenance, replacement and repair costs of any work performed pursuant to an approved Request, shall be the sole responsibility of the HOMEOWNER(S), without regard as to the cause of the need for any such maintenance, replacement and repair.
- HOMEOWNER(S) acknowledge and agree that approval of any Request is for the outward appearance only and does not imply any engineering review of a structural nature has been completed by HPS and/or the Association. No structure may be permanently installed in any drainage or utility easements. Any construction pursuant to the provisions of this approval shall be subject to the continuing effect of the provisions of the Declaration, Bylaws, Rules and Regulations of the Association, the Architectural Review Committee, the Board of Directors, and/or their designee.
- MISCELLANEOUS. The Request and these Terms and Conditions constitute the entire agreement and understanding between the parties with respect to the submission of the Request to the Association. HOMEOWNER expressly acknowledges, agrees and represents to HPS that there are no understandings or agreements with respect to the subject matter other than as expressly set forth herein.
III. Key Service Terms and Conditions
The following shall govern the terms of service by which you, the CUSTOMER, may participate in the Key Service Program through InfoHOA, on behalf of HPS Management, its affiliates, parent and subsidiary companies and related entities (“HPS”) (the “Order”).
- HPS offers a “Key Service Program” to individual owners of SELECT communities HPS manages. You may find this to be a convenient service in cases in which a service technician needs access to your home or you have experienced an inadvertent lockout. This program is only available during HPS’ regular business hours: Monday through Friday from 9:00am to 5:00pm (excluding federal holidays) at the below selected office. The aforementioned hours are subject to change without notice. In addition, in the event HPS closes its offices either temporarily or permanently for any reason, including, without limitation for weather related incidents, the Key Service Program will not be available.
- In the event you wish to participate in the Key Service Program, please return the “Key Service Program Participation Form” (HPS Form 14), available for download in the homeowner Portal for participating Associations only via a secure login at InfoHOA, along with a functional key to your home to HPS as soon as possible. You can either visit our office at the address selected herein or mail a copy USPS Certified Mail Return Receipt to the below selected office. The Key Service Program is not mandatory. Accordingly, if you do not wish to participate, please disregard this form.
- There is no fee to sign up for the Key Service Program. A fee in the amount of Twenty-Five Dollars ($25.00) or such other amount determined by HPS, in their sole discretion, and without notice to you, shall be paid by you for each instance of a release of key for your property identified below, in advance of such key release, and is only payable by debit or credit card. No cash or checks will be accepted. Payments should be made online at www.HPSdocuments.com. In the event your key is needed as part of an emergency repair that is a responsibility of the Association or an Association sponsored project or repair, there will be no charge for the release of your key to the Association’s selected vendor.
- HPS shall have the right, at any time and for any reason, to terminate the Key Service Program for your property, without notice to you, although HPS will make a reasonable effort to contact you utilizing the contact information set forth herein. In addition, in the event HPS desires to terminate the Key Service Program for your property, or in the event your property is sold, HPS has the right to dispose of the key to your property.
- By completing the Order Form, you hereby grant HPS permission to release a key to an individual whom I have identified as needing access on the Key Release Form (HPS Form 15). Authorization for release of my key to specific individuals and/or entities will be granted by the completion and submission of a separate Key Release Form (HPS Form 15). Should HPS need access to the unit when vacant to prevent damage to life and or property in exigent circumstances, as determined in HPS’ sole discretion, HPS may use this key to access the unit at no charge to the owner. This permission shall remain in effect until such time as I withdraw the authorization in writing or terminated by HPS. I understand that my key will be maintained at the below office the office selected on the “Key Service Program Participation Form” (HPS Form 14).
- By completing the Order Form, you understand, acknowledge and/or agree (1) that I am participating in the Key Service Program with HPS and such participation is at my own risk; (2) to pay the applicable Key Service Program fee to HPS upon each release of my key to me, another owner, or another individual I designate pursuant to a fully completed Key Release Form, as applicable, and that such fee is subject to change, without notice, by HPS, in HPS’ sole discretion; (3) that HPS has the right to (a) terminate the Key Service Program for my property, at any time and for any reason, without notice to me, and (b) dispose of the key in the event HPS ceases to offer me the Key Service Program and/or my property is sold; (4) the Key Service Program is only available during HPS’ business hours, which are subject to change without notice, Monday through Friday from 9:00am to 5:00pm (excluding federal holidays) at the above selected office; and (5) to indemnify and hold harmless HPS, its officers, members, employees, servants, affiliates, agents, successors and assigns, from any and all liabilities, damages, expenses, costs, penalties, fees, fines, demands, causes of action, suits, claims, obligations and/or judgments, which may include, without limitation, attorney’s fees and costs (including those incurred pre-trial, at trial, during mediation, arbitration or other event of dispute resolution, and/or in connection with an appeal or the enforcement of any judgment), arising out of or connected with the Key Service Program, including, without limitation, distribution of the key to an individual, use of such key, and/or entry into the home or onto my property.
IV. Document Order Terms and Conditions
The following shall govern the terms of service by which you, the CUSTOMER, may order HOA documents through InfoHOA, on behalf of HPS Management, its affiliates, parent and subsidiary companies and related entities (“HPS”) (the “Order”).
- PLACEMENT OF DOCUMENT ORDERS. CUSTOMER agrees to submit all Order requests through InfoHOA and to receive Order fulfillments via DocuSign to the email address provided by CUSTOMER. CUSTOMER shall acknowledge receipt of any Order by electronic signature on DocuSign.
- Delaware CUSTOMERS may, at their option, place an Order in writing, with an accompanying payment in the form of check of money order payable to HPS in the amount of $250.00. Written Order requests for Delaware CUSTOMERS should be sent USPS Certified Mail with Return Signature Receipt to HPS Document Processing, P.O. Box 1056, Havre de Grace, MD 21078.
- Virginia CUSTOMERS may, at their option, request paper delivery of an Order in lieu of online delivery through DocuSign. Online delivery shall be the default provisions. Virginia CUSTOMERS acknowledge that the cost for paper delivery is to be collected at the closing on their property and paid to HPS from closing proceeds; if closing does not occur for any reason, the CUSTOMER agrees that CUSTOMERS InfoHOA account shall be charged the cost.
- ORDER FULFILLMENT. InfoHOA will fulfill the Order in exchange for CUSTOMER’S payment. All Orders shall be completed within the selected timeframe, excluding U.S. federal holidays (in states where such exclusion is permitted), starting the first business day after the Order is electronically placed, in full, on www.InfoHOAdocs.com. Neither InfoHOA nor HPS shall be liable for any delays in fulfillment of the Order caused by inclement weather, strike, loss of power or internet, email server failure, act of God, or typographical and substantive errors completed by CUSTOMER completing the online Order Form.
5. NO WARRANTIES. CUSTOMER acknowledges that all Orders are based on information provided by third party community or homeowners Associations. Neither InfoHOA nor HPS make any representation or warranty as to the accuracy of such information. CUSTOMER acknowledges that all information provided by InfoHOA is given to the best of InfoHOA and HPS’ actual knowledge.
- INDEMNIFICATION/HOLD HARMLESS. CUSTOMER shall indemnify and hold harmless InfoHOA and HPS, and their respective officers, directors, employees, agents, representatives, successors and assigns from and against all claims, damages, losses, costs and/or expenses, including, but not limited to attorneys’ fees, arising out of: a. any inaccuracy in any information provided to InfoHOA and/or HPS by third parties; b. the decision of CUSTOMER’s lender to refuse to approve financing based on information provided in any Order fulfilled by InfoHOA; c. any termination of a contract between CUSTOMER and a third party based on information provided in any Order fulfilled by InfoHOA; d. any inaccuracy or misrepresentation in any financial statements, budgets or other financial or monetary matters relating to the Association; e. any claim brought against the CUSTOMER by any Board of Directors or Homeowners, Condominium, Community or Property Association arising out of CUSTOMER’S purchase or assignment of any property management agreement or property management company that is the subject of an Order fulfilled by InfoHOA; and/or f. any misrepresentation made to InfoHOA and/or HPS.
- INTENDED CUSTOMERS. Fulfillment by HPS is intended for CUSTOMERS who are an owner of property managed by HPS, in the State of South Carolina only, a buyer of property managed by HPS, an attorney at law, real estate title company, agent of a real estate title company, or real estate closing agent. CUSTOMER agrees that if they are not the owner of the Subject Property they are properly licensed by the state in which they are doing business to receive the following real estate transaction information and that the information ordered is for official use relating to a real estate transaction in which the CUSTOMER has been retained to facilitate the closing thereof. CUSTOMER acknowledges that InfoHOA and HPS are relying upon CUSTOMER’S representations made in good faith.
- SUSPENSION. Failure to comply with these Terms and Conditions may result in a suspension of the CUSTOMERS ability to place an order with InfoHOA. InfoHOA and HPS reserve the right to immediately suspend or terminate any CUSTOMER from using its document services anytime.
- PAYMENT. CUSTOMER shall submit payment to HPS through InfoHOA for all sums due to HPS for any Order made hereunder at the time of placement of the Owner. In the State of Virginia, payment is made upon delivery of the Order and paid as provided in herein. Should an error in payment sum occur, CUSTOMER shall immediately remit payment in full. InfoHOA, HPS and/or the Association(s) for the Subject Property may report debts and title errors to the seller and buyer for payment, and may direct sellers and buyers to their title insurance policies regarding title errors made by CUSTOMER.
- REAL ESTATE CLOSING. Should any Order be placed to satisfy the requirements of any initial sale, resale, or change in ownership of the Subject Property, the CUSTOMER shall submit, no later than the next business day after closing on the Subject Property, the following documents by email to InfoHOAdocs.com in a clear legible a .pdf: a. The non-refundable Owner Transfer Fee in the amount noted on the HPS provided form sent with the Order, made payable to HPS Management as a clear .pdf copy of the check for processing; b. The Homeowner Contact Information Sheet as provided in the Order form, with the owner(s) new contact information; c. The ALTA Closing Documents or other applicable closing agreement which shall be completely ratified; d.Any other documents that may be required by the Association; and e. Any other documents that may be required to be provided by law.
- LIMITATION OF LIABILITY. NEITHER INFOHOA NOR HPS SHALL BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE), WHETHER ARISING UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HPS'S MONETARY LIABILITY FOR ANY CAUSE UNDER OR RELATING TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO HPS HEREUNDER.
- Any Order may be refunded if requested in writing by CUSTOMER, provided the request is received by InfoHOA prior to InfoHOA initiating the start of any processing. After an Order is initiated, a fifty-dollar ($50.00) termination fee will be applied. After an order is emailed via the DocuSign program, or otherwise provided in paper, mailed, or shipped to CUSTOMER no refund will be provided. Requests for a refund may be emailed to Admin@InfoHOA.com or by USPS Certified Mail with Return Signature Receipt to HPS Document Processing, P.O. Box 1056, Havre de Grace, MD 21078.
- MISCELLANEOUS. The Order Form and these Terms and Conditions constitute the entire agreement and understanding between the parties with respect to the Order being fulfilled by InfoHOA for HPS for the CUSTOMER. CUSTOMER expressly acknowledges, agrees and represents to HPS that there are no understandings or agreements with respect to the subject matter other than as expressly set forth herein. CUSTOMER agrees that no contrary terms and conditions of any subsequent CUSTOMER purchase order, no course of dealing, trade custom or usage of trade, and no warranty made during the course of performance, will apply, unless expressly agreed to by HPS in writing. Any notice or communication provided or permitted hereunder shall expressly describe its purpose and scope, and shall be in writing and shall be deemed duly given or made if delivered in person or sent by U.S. certified mail, return receipt requested, postage prepaid, addressed to the party for which it is intended at the address set forth in the Order Form attached hereto. In the event any provision hereof shall be deemed invalid or unenforceable by any court or governmental agency, such provision shall be deemed severed from these Terms and Conditions and replaced by a valid provision which approximates as closely as possible the intent of the parties. All remaining provisions shall be afforded full force and effect. These Terms and Conditions shall be deemed to have been formed in the State of Maryland, U.S.A. and shall be governed by, subject to, and interpreted in accordance with, the laws of that State. The parties consent to venue in Harford County, Maryland.
- What personal information do we collect from the people that visit our website? When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number, credit card information, address or other details to help you with your experience.
- When do we collect information? We collect information from you when you register on our site, place an Order, Clubhouse rental request, Architectural Review request or otherwise enter information on our site.
- How do we use your information? We may use the information we collect from you when you register on our site, place an Order, Clubhouse rental request, Architectural Review request or otherwise enter information on our site with the Board of Directors, Architectural Review Committee or other appropriate person or committee within the Association in which your subject property is located.
- How do we protect your information? We use shopify.com as our platform. You can find more information about shopify.com’s security measures at https://www.shopify.com/security.
- Fair Information Practices. The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: a. We will notify you via email that you provide to us within 7 business days; and b. We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
- CAN SPAM Act. The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to: a. Send information, respond to inquiries, and/or other requests or questions; and b. process your Order, Clubhouse rental request and/or Architectural Review request and other services we provide to you online to send information and updates pertaining to the same.
VI. INSPECTION CERTIFICATE ORDER
An Inspection Certificate is a document certifying an inspection was completed of the subject property and if a violation or violations of the controlling documents are visible from the exterior of the subject property. The inspector will not enter a fenced-in yard or trespass on another person’s private property to complete the visual exterior inspection. Many buyers and sellers find this information helpful to avoid purchasing a property with a preexisting violation. Please consult with an attorney or real estate professional regarding the liability of purchasing or selling a home with or without an Inspection Certificate. Association management staff are not able to provide legal advice. An Inspection Certificate will not be completed with any order including a resale package unless specifically ordered.
VII. LIMITATION OF LIABILITY FOR ALL ORDERS
LIMITATION OF LIABILITY. FOR ALL ORDERS NEITHER INFOHOA NOR HPS SHALL BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE), WHETHER ARISING UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HPS'S MONETARY LIABILITY FOR ANY CAUSE UNDER OR RELATING TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO HPS HEREUNDER.
VIII. MISCELLANEOUS FOR ALL ORDERS
For all orders, the Order Form and these Terms and Conditions constitute the entire agreement and understanding between the parties with respect to the Order being fulfilled by InfoHOA for HPS for the CUSTOMER. CUSTOMER expressly acknowledges, agrees and represents to HPS that there are no understandings or agreements with respect to the subject matter other than as expressly set forth herein. CUSTOMER agrees that no contrary terms and conditions of any subsequent CUSTOMER purchase order, no course of dealing, trade custom or usage of trade, and no warranty made during the course of performance, will apply, unless expressly agreed to by HPS in writing. Any notice or communication provided or permitted hereunder shall expressly describe its purpose and scope, and shall be in writing and shall be deemed duly given or made if delivered in person or sent by U.S. certified mail, return receipt requested, postage prepaid, addressed to the party for which it is intended at the address set forth in the Order Form attached hereto. In the event any provision hereof shall be deemed invalid or unenforceable by any court or governmental agency, such provision shall be deemed severed from these Terms and Conditions and replaced by a valid provision which approximates as closely as possible the intent of the parties. All remaining provisions shall be afforded full force and effect. These Terms and Conditions shall be deemed to have been formed in the State of Maryland, U.S.A. and shall be governed by, subject to, and interpreted in accordance with, the laws of that State. The parties consent to venue in Harford County, Maryland.
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