Terms of Use

Conduct   |   Terms of Use   |   Disciplinary Process   |   Hate Speech   |   Privacy policy

Your HOAwiki site is your community online. HOAwiki is part of an ongoing research project at Troxler Inc. The goal of this project is to help neighborhood residents communicate, share information and become involved in their communities. Another goal is to learn more about the impact of the Internet and computer use on community life.

1. Acceptance of Terms

All use of HOAwiki websites and related services ("HOAwiki") is subject to the following terms of use ("Terms"), which may be changed or modified by [Troxler Inc./HOAwiki] at any time. You can review the most current version of the Terms at: http://www.HOAwiki.com/files/terms.htm. By using HOAwiki in any way, you are agreeing to comply with the then-current Terms. In addition, when using a HOAwiki that has unique guidelines for that particular site, you agree to abide by the applicable guidelines identified with that site, which may change from time to time. If you do not agree to be bound by the Terms or any HOAwiki-specific guidelines, you must immediately stop using HOAwiki.

By using these services you are participating in a research study being conducted by Troxler Inc., of how these services may facilitate neighborhood involvement. The researchers will collect data for this study by monitoring the logs of user activity for the HOAwiki websites. These logs track only how participants use the HOAwiki websites and the level of user activity. Troxler Inc. cannot monitor your private Internet use outside of the services we provide. The information that will be examined includes user profiles, forums, use of communication tools within the site, and any content that users voluntarily contribute to HOAwiki.org. Your participation is completely voluntary, and you are free to discontinue use of these services and participation in the research study at any time. If you are under 18 years of age, you must obtain your parent's consent before using this service. If you have any questions about your participation in this research study or your rights as a research subject you may contact Troxler Inc. by calling (800) 993-9721x103, or emailing the admin of your website.

2. Member Activities

HOAwiki seeks to provide an interesting, lively, courteous, and legally permissible place, and therefore you agree that you shall not:
  1. interfere with others HOAwiki users ("Members") use and enjoyment of HOAwiki (for example, by harassing, threatening or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity);
  2. use HOAwiki to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual;
  3. use HOAwiki to advertise or sell products or services to others except as permitted by your community in Classifieds or Link Directory;
  4. post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that contains nudity or pornography, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, that is in violation of applicable laws, or that is used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities;
  5. post or disclose any personally identifiable information belonging to children or displaying material that exploits children under 18 years of age;
  6. impersonate another Member or [Troxler Inc./HOAwiki] staff member;
  7. "stalk" or otherwise harass any other Member;
  8. collect personal data about other users for commercial or unlawful purposes;
  9. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from HOAwiki;
  10. purposefully post Content in irrelevant categories, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; and/or
  11. attempt to gain unauthorized access to HOAwiki computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of HOAwiki.
You must immediately inform [Troxler Inc./HOAwiki] if you have reason to believe that another Member is infringing any copyrights or other proprietary materials.

3. Content

Proprietary Rights
You acknowledge that Troxler Inc./HOAwiki may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted where applicable as a collective work under the U.S. copyright laws, and Troxler Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly permitted by Troxler Inc./HOAwiki or otherwise stated herein. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and provided you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentences or as permitted by the fair use privilege under the U.S. copyright laws (see e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Distribution/Uploading of Third-Party Content
Except as set forth above, you may upload to or otherwise distribute on HOAwiki only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither the Troxler Inc., its affiliates, nor any of their officers, directors, employees, or agents will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from Content you provide. By submitting Content to HOAwiki, including, without limitation, comments or forum postings, you automatically grant, or warrant that the owner of such Content has expressly granted to Troxler Inc./HOAwiki the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. Subject to this grant, the owner of Content placed on HOAwiki retains any and all rights which may exist in such Content.

Third-Party Content
Neither Troxler Inc. nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through HOAwiki represents the opinions and judgments of Members not under contract with Troxler Inc.. Troxler Inc./HOAwiki neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on HOAwiki by anyone other than authorized Troxler Inc. employees. Under no circumstances shall Troxler Inc., or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by your reliance on information obtained through HOAwiki or through communications with Troxler Inc. employees. It is your responsibility to evaluate the information, opinion, advice, or other Content available through HOAwiki.

4. Notification of Claims Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify [Troxler Inc./HOAwiki]'s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:

Mary Luketich
President
Troxler Inc.
E-Mail: mary@hoawiki.com
Phone: +1-800-993-9721 x103
Fax: +1-800-993-9721
US Mail: 1712 E Riverside Drive #103, Austin, Texas 78741 (not a physical office)

In notifying us of the alleged copyright infringement, please be sure to include the following information:
  1. a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
  2. a description of the infringing material and information sufficient to permit us to locate the material; contact information for you, including your address, telephone number and/or email address;
  3. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
  4. a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
  5. a physical or electronic signature of the copyright owner or a person authorized to act on its behalf.
Failure to include all of the above-listed information may result in a delay of the processing of your complaint. Troxler Inc. will comply with requirements of the Digital Millenium Copyright Act. Consistent with the DMCA, and in accordance with Troxler Inc.'s acceptable use policy, Troxler Inc. reserves the right to terminate system access of users who repeatedly infringe on the rights of copyright owners.

5. Privacy and Information Disclosure

[Troxler Inc./HOAwiki] has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.HOAwiki.org/files/terms/privacy.htm. Your use of HOAwiki signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Troxler Inc. may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of HOAwiki, its users or the general public.

6. No Spam Policy

You understand and agree that you shall not send unsolicited email advertisements to HOAwiki email addresses, through HOAwiki computer systems, or to Members. Any unauthorized use of HOAwiki computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.).

7. Disclaimers and Limitation of Liability

ALL CONTENT, PRODUCTS, AND SERVICES ON HOAwiki, OR OBTAINED FROM A WEBSITE TO WHICH HOAwiki IS LINKED (A "LINKED SITE"), ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE Troxler Inc./HOAwiki WEB SITE.

YOU AGREE THAT Troxler Inc., ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF HOAwiki OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE HOAwiki OR A LINKED SITE, EVEN IF Troxler Inc. IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.

Troxler Inc. CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO HOAwiki.

THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED OR MADE AVAILABLE ON HOAwiki OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Troxler Inc. SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON HOAwiki AND LINKED SITES. Troxler Inc. MAY MAKE IMPROVEMENTS OR CHANGES TO HOAwiki AT ANY TIME.

Troxler Inc. HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY Troxler Inc., THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, MEMBERS, LICENSORS (COLLECTIVELY, "PROVIDERS"), INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE Troxler Inc. FROM ANY LIABILITY WITH RESPECT TO THE SAME.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

8. Severability

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

9. Changes to Terms of Use

Troxler Inc./HOAwiki reserves the right to revise these Terms at any time and by using HOAwiki you are deemed to be apprised of and bound by any changes to these Terms.

10. Limitations on Service

You acknowledge that [Troxler Inc./HOAwiki] may establish limits concerning use of HOAwiki, including the maximum number of days that Content will be retained by HOAwiki, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by HOAwiki, and the frequency with which you may access HOAwiki. You agree that [Troxler Inc./HOAwiki] has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by HOAwiki. You acknowledge that [Troxler Inc./HOAwiki] reserves the right at any time to modify or discontinue HOAwiki (or any part thereof) with or without notice, and that Troxler Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of HOAwiki.

11. Termination of Service

You agree that [Troxler Inc./HOAwiki], in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of HOAwiki (or any part thereof), immediately and without notice, and remove and discard any Content within HOAwiki, for any reason, including, without limitation, if [Troxler Inc./HOAwiki] believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Troxler Inc. shall not be liable to you or any third-party for any termination of your access to HOAwiki. Further, you agree not to attempt to use HOAwiki after said termination. You agree that Sections 1, 5, 6, 7, 11, 12 and 13 shall survive termination of this agreement or your voluntary discontinuation of use of HOAwiki.

12. Dealings with Organizations and Individuals

Your interactions with organizations and/or individuals found on or through HOAwiki, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Troxler Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Members, Members and any third party, you understand and agree that Troxler Inc. is under no obligation to become involved. In the event that you have a dispute with one or more other Members, you hereby release Troxler Inc., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

13. Indemnity

You agree to indemnify and hold Troxler Inc., its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through HOAwiki, your use of HOAwiki, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

14. General Information

The Terms constitute the entire agreement between you and Troxler Inc./HOAwiki, superseding any prior agreements between you and Troxler Inc.. The Terms and the relationship between you and [Troxler Inc./HOAwiki] shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Pennsylvania. The failure of [Troxler Inc./HOAwiki] to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.