Text THESE TERMS GOVERN YOUR USE OF AND ACCESS TO THE WEBSITES AT WWW.HOMEHOPPM.COM AND ANY PRODUCTS OR SERVICES OFFERED ON THE SITES (“SERVICES”) PROVIDED BY HOMEHOP PROPERTY MANAGEMENT (“TERMS” or “TERMS OF USE”). BY ACCESSING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO ABIDE BY THESE TERMS AND TO OUR COLLECTION, USE AND DISCLOSURE OF INFORMATION YOU PROVIDE US IN ACCORDANCE WITH OUR PRIVACY POLICY, WHICH IS AVAILABLE HERE AND INCORPORATED HEREIN. PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION AND REQUIRE THAT ANY DISPUTES BETWEEN YOU AND HOMEHOP PROPERTY MANAGEMENT (“HOMEHOP PROPERTY MANAGEMENT”) BE RESOLVED BY BINDING ARBITRATION, EXCEPT AS OTHERWISE PROVIDED IN THE DISPUTE RESOLUTION SECTION BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS THE SERVICES. We may make changes to these Terms of Use from time to time. If we make material changes to these Terms, we will endeavor to provide you with reasonable notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms and Conditions. Unless we say otherwise in our notice, the amended Terms and Conditions will be effective immediately and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. YOU FURTHER AGREE THAT THE AMENDED TERMS AND CONDITIONS SHALL APPLY RETROACTIVELY TO ALL INTERACTIONS BETWEEN US AND YOU GOING FORWARD, INCLUDING RESOLUTION OF ANY DISPUTE(S) ARISING PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS AND CONDITIONS, WHETHER OR NOT NOTICE OF SUCH DISPUTE WAS PROVIDED OR ARBITRATION WAS INITIATED PRIOR TO YOU RECEIVING NOTICE OF THE AMENDED TERMS AND CONDITIONS. If you do not agree to the amended Terms, you must stop using our Services. Use of Information Unless otherwise specified, copyright in all copyrightable subject matter on the Services is owned by HomeHop Property Management. To the extent that HomeHop Property Management has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, HomeHop Property Management grants you permission to copy or otherwise download from the Services, information and materials (including related graphics), provided: 1. The materials are for internal, non-commercial use only, and 2. Any copies of materials or portions thereof must include the copyright notice specified on the Services. If attribution to HomeHop Property Management is included, limited quotations from the content are hereby permitted. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written permission of HomeHop Property Management. Documents posted by HomeHop Property Management on the Services may contain other proprietary notices or describe products, services, processes or technologies owned by HomeHop Property Management or third parties. Nothing contained herein shall be construed by implication, estoppels or otherwise as granting to the user a license under any copyright, trademark, patent or other intellectual property right of HomeHop Property Management or any third party. Except as otherwise provided in these Terms, you may not use, copy, reproduce, distribute, republish, download, modify, display, post or transmit any content or trademarks in any form or by any means without our express prior written permission. Trademarks The HomeHop Property Management name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of HomeHop Property Management and may not be used in any manner without the prior written consent of HomeHop Property Management. Other products and service marks are trademarks of their respective owners. Consent to Monitoring and Disclosure HomeHop Property Management is under no obligation to monitor the information residing or transmitted to this site. However, anyone accessing this site agrees that HomeHop Property Management may monitor the site to (1) comply with any necessary laws, regulations or governmental requests; (2) to, in its sole discretion, operate the Services in a manner it deems proper or to protect against conduct it deems inappropriate. HomeHop Property Management shall have the right but not the obligation, to reject or eliminate any information residing on or transmitted to the Services that it, in its sole discretion, believes is unacceptable or inconsistent with these terms and conditions. In the event HomeHop Property Management receives information or materials through the Site, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information or material shall be deemed to be non-confidential and HomeHop Property Management assumes no obligation to protect same from disclosure. The submission of information or materials to HomeHop Property Management shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by HomeHop Property Management for any purpose whatever. In addition, you grant HomeHop Property Management the right, in any form now or hereafter known, to reproduce, use, disclose, distribute, transmit, create derivative works from, and publicly display and perform, any information or materials you submit to through any Services. Limitation of Liability You assume all responsibility and risk for the use of this site and the Internet generally. In no event shall HomeHop Property Management or its affiliates be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the Internet generally, under contract, tort or any other cause of action or legal theory. Although HomeHop Property Management believes the content to be accurate, complete, and current, HomeHop Property Management makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein. HomeHop Property Management may make changes in the products and/or the services described herein at any time. Warranty Disclaimer Access to each site (including any information or materials therein) is provided on an “as is” basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by HomeHop Property Management, affiliates or their respective employees shall create any warranty. Neither HomeHop Property Management, nor its affiliates warrant that the information or materials on, or access to, any site will be without interruption or error free. Endorsements and Linked Sites We may link to content hosted on third-party websites. These sites are not under the control of HomeHop Property Management and HomeHop Property Management makes no representations whatsoever concerning the content of those sites. The fact that HomeHop Property Management has provided a link to a site is NOT an endorsement, authorization, sponsorship, or affiliation by HomeHop Property Management with respect to such site, its owners, or its providers. For information regarding the collection or sharing of data by these third-party sites, you should consult the privacy policy for each such sites. HomeHop Property Management is providing these links only as a convenience to you. HomeHop Property Management has not tested any information, software, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and HomeHop Property Management cautions you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. Security You agree that you will comply with any security processes and procedures (such as passwords) specified by HomeHop Property Management with respect to access to or use of the Services. Further, you agree not to access or attempt to access any areas of or through the Services which are not intended for general public access, unless you have been provided with explicit written authorization to do so by HomeHop Property Management. Changes and Other Terms Although HomeHop Property Management will endeavor to provide reasonable notice of material changes to these Terms, HomeHop Property Management has the right to make changes and updates to the Services or these Terms without prior notice to you. Access to particular areas on the site may be subject to additional or different terms and conditions, as specified by HomeHop Property Management from time to time. Failure to Comply HomeHop Property Management has the right to terminate or restrict your access to any or all the Services, unilaterally and without notice, in the event you violate any of these Terms of Use. HomeHop Property Management also reserves any and all remedies at law or equity in connection with violation of these Terms of Use. User Content By posting, uploading, or submitting any comments, reviews, media, or other content (“User Content”) to our Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any form, media, or technology. You represent and warrant that your User Content is accurate and not misleading, is your own original content or you have all necessary rights to submit it, and does not violate any third party’s intellectual property, privacy, publicity, or other legal rights. You agree not to post any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or discriminatory. Prohibited content includes, but is not limited to, hate speech, content that promotes violence against individuals or groups, sexually explicit or pornographic material, content that impersonates another person or entity, personal information about others posted without their consent, spam, commercial solicitations, promotional materials, or content that promotes illegal activities or substances. You further agree that your User Content will not contain viruses, malware, or other harmful code. We reserve the right to remove or refuse to post any User Content for any or no reason, to monitor, screen, edit, or remove content at our sole discretion, and to take appropriate legal action for violations. We may cooperate with law enforcement authorities and may terminate or suspend access to users who violate these Terms or Use. While we reserve the right to review User Content, we have no obligation to do so and assume no responsibility for any User Content posted by you or any third party. If you believe any User Content violates these Terms of Use or applicable law, please report it to help@HomeHopPM.com. Restrictions on Your Use of The Services You may only use the Services for lawful purposes in accordance with these Terms of Use. As a condition of your use of the Services, you represent and warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of a third party, you may not use the Services: to access (or attempt to access) areas or features of the Services for which you do not have the proper authorization; to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or express or imply that we endorse any statement that you make; in a manner that violates any national, state, local or international law, rule or regulation; to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; in a manner that interferes with, disables, disrupts, impairs or creates an undue burden on the networks or services that support the Services; to harvest or collect e-mail addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications; for any public or commercial purpose other than in furtherance of any transaction that you make through the Services, as applicable; make any use of the Services in order to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful; or in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying the Services. Age Restrictions You must be at least 18 years old (or the age of majority in your jurisdiction of residence, if higher) to create an account or use our Services, and by accessing or using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. Governing Law These Terms of Use and your use of the Services shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflict of law provisions. You agree that any legal action, proceeding, or dispute arising out of or relating to these Terms of Use or your use of the Services shall be brought in accordance with the Dispute Resolution provisions below. In the event that any claim or dispute is not subject to arbitration as provided herein, you agree that any such legal proceeding shall be brought exclusively in the state or federal courts located in Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. Dispute Resolution Informal Dispute Resolution Process Before filing a claim or initiating any form of legal proceeding against us, including arbitration, you agree to try to resolve the dispute informally by contacting us at Help@HomeHopPM.com. You must provide your full name, an email address and telephone number at which we can reach you, as well as a detailed description of the dispute. We’ll try to resolve the dispute informally by contacting you. If a dispute is not resolved within 60 days of submission, you or we may proceed with filing a formal claim. Any claim or proceeding initiated prior to the end of the 60 day period is subject to dismissal. Agreement To Arbitrate Unresolved Disputes You and HomeHop Property Management agree that any past, present, or future dispute that has arisen or may arise between us relating in any way to your use of or access to the website, the Services, any breach, enforcement, or termination of these Terms of Use, or otherwise relating to HomeHop Property Management in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth herein: a) ARBITRATION. These Terms of Use and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases, governs the interpretation and enforcement of the arbitration rules and arbitration proceedings and, to the maximum extent possible under applicable law, shall preempt application of state laws regarding arbitration, including without limitation, provisions of the California Arbitration Act governing the payment, or shifting, of fees or costs of arbitration. Any Covered Matter must be asserted individually in binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with JAMS Streamlined Arbitration Rules and Procedures (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). If you qualify as a consumer as defined in the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, those minimum standards will prevail over any inconsistent terms herein. The arbitrator shall not conduct any form of class or representative arbitration, however, in the event that ten or more claims in arbitration are initiated which assert the same or similar factual allegations or present the same or similar legal issues, we may request that the claims be consolidated for resolution consistent with Rule 6 of the Streamlined Rules, and in such instance you agree to consolidation of your claim with the claims of other claimants for resolution. In such a consolidated proceeding, a single arbitrator shall be appointed to resolve all consolidated claims, who shall resolve common issues of law and fact and apply such rulings consistently to each consolidated claim. In the event that JAMS declines to utilize the consolidation procedures described herein, or such procedures are deemed unenforceable by a court of law, HomeHop Property Management may elect to have multiple claims resolved in accordance with JAMS Mass Arbitration Procedures and Guidelines. b) DELEGATION TO ARBITRATOR. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. These Terms shall not, however, preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. c) AWARD. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law, and, as to consolidated claims, shall resolve common issues of law and fact and apply such rulings consistently to each consolidated claim. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. d) EXCEPTIONS. There are two exceptions to these Terms to arbitrate: i. If either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction. ii. No party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction (including amounts) and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. e) WAIVER OF CLASS OR REPRESENTATIVE ACTION. By agreeing to these terms, you hereby irrevocably waive any right you may have to a court trial (other than small claims court or intellectual property disputes, as provided above) or to serve as a representative of a class, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties f) OPT-OUT. You may choose to reject this agreement to arbitrate disputes (“opt-out”) within 30 days after you first access the Services or we provide notice of a material amendment to this dispute resolution provision. To opt-out of arbitration, you must notify us of your intent to opt-out of arbitration by emailing your name, address (including street address, city, state, and zip code), and email address(es) associated with your account(s) to which the opt-out applies to: Help@HomeHopPm.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Notice You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on the Services. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at Help@HomeHopPm.com and discontinue your use of the Services. In such event, all rights granted to you pursuant to these Terms shall automatically terminate. Unfortunately, we cannot provide the Services to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy. General You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications, whether written or oral. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms are for convenience only and shall not be used in its interpretation. All rights conferred under these Terms or by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. Neither these Terms nor any of your rights or obligations hereunder may be assigned or transferred by you without our prior written approval. Any assignment in violation of the foregoing will be null and void. We may assign these Terms to any party that assumes our obligations hereunder. If you have any questions regarding these Terms, please email us at Help@HomeHopPm.com. Section Content