Last Updated: October 29, 2024

1. Acceptance of Terms

By accessing or using the Homeowners Association of America Payment Portal and related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not access or use the Service.

The Service is provided by the Homeowners Association of America, a private, non-governmental organization (“HOA”, “we”, “us”, “our”). These Terms constitute a legally binding agreement between you and the HOA.

2. Description of Service

The HOA Payment Portal is a secure online platform designed to facilitate the payment of community assessments, fees, and other charges owed by members of participating residential communities to their respective Homeowners Associations. The Service may also provide access to account information, payment history, and related documentation.

3. Eligibility

To use the Service, you must be an authorized member of a residential community that participates in the HOA Payment Portal program. You are responsible for ensuring you have the right to make payments on behalf of your account. Misuse of the Service may result in account suspension or termination.

4. Account Registration and Security

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

5. Payment Terms

• Payment Processing: All payments made through the Service are processed by third-party payment processors. By using the Service, you agree to the terms and conditions of these payment processors.
• Payment Confirmation: You will receive an electronic confirmation of your payment. It is your responsibility to retain this confirmation for your records.
• Payment Errors: If you believe there is an error in a payment transaction, you must notify us within 60 days of the transaction date. We will investigate and attempt to resolve the issue.
• Refunds: Refund requests must be submitted in writing to your community’s HOA board or management company. The HOA is not responsible for processing refunds.
• Late Payments: Late payments may be subject to fees and interest as determined by your community’s governing documents.

6. Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Use any robot, spider, or other automatic device to access the Service for any purpose.
• Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by the HOA and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service without our prior written consent.

8. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis. The HOA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The HOA makes no warranty that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by you from the HOA or through the Service shall create any warranty not expressly stated in these Terms.

9. Limitation of Liability

In no event shall the HOA, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service;
• Unauthorized access, use, or alteration of your transmissions or content.

Our total liability for any claim arising out of or relating to these Terms or the Service, regardless of the form of action, is limited to the greater of the amount you paid, if any, for accessing the Service during the twelve (12) months immediately preceding the event giving rise to the claim or one hundred dollars ($100).

10. Indemnification

You agree to defend, indemnify, and hold harmless the HOA, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including any use of your account by any other person.

11. Modifications to the Service and Terms

We reserve the right, at our sole discretion, to modify or replace any part of these Terms or the Service itself at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Washington, District of Columbia.

13. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and the HOA concerning the Service.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Homeowners Association of America Constitution Avenue NW, Suite 400 Washington, DC 20001 Email: helpdesk@hoaofamerica.org