TERMS OF SERVICE AND USER AGREEMENT
Please read this agreement and contact us should you have questions regarding any item or condition before you accept. We recommend that all Users review this document (the Terms of Service and User Agreement) prior to each use of the Service. Please carefully read and understand the entire Terms of Service and User Agreement before clicking on "AGREE" (or "GO" if you already have an account).
Please note that Vendor Users have their own additional VENDOR USER SERVICE AGREEMENT contained herein.
HOA Assistant LLC, dba MyVendorCenter.com is the provider of the Website Service, which permits real estate property managers, community association property managers and service providers (Vendor Users) to engage in business activities, including, but not limited to, management of certain compliance documents, solicitation of proposals (Request for Proposal, or "RFP") and response to such requests (Proposals) for provision of products or services.
THIS AGREEMENT ("Agreement") DEFINES THE TERMS OF SERVICE AND USE FOR HOA Assistant LLC's Internet website "MyVendorCenter" ("the Website") AND GOVERNS THE USE OF SERVICES AVAILABLE ON THE WEBSITE OR THROUGH OTHER INTERACTIONS OR SERVICES WITH OR FROM MyVendorCenter.com STAFF.
BY USING ANY MEANS OF ELECTRONIC ACCEPTANCE OF THIS AGREEMENT (button, checkbox etc.) YOU "AGREE" YOU ARE SUBMITTING AN ELECTRONIC SIGNATURE THAT ACCEPTS THIS AGREEMENT AND THUS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. Acceptance of this agreement and its terms apply to you and any persons that you provide direct or incidental access to the Web site. In the following terms and conditions, both "you" and "user" are interchangeable as applicable.
Each individual User must read and accept this agreement for access to the Website. If you share access with other persons, you agree to convey these responsibilities and be jointly responsible for other users that you directly or indirectly provide access.
CONTENTS:
FALSE SERVICE REQUESTS/REMEDIES
SCOPE OF SERVICE AND LIMITATIONS
INDEPENDENCE OF VENDOR USERS/DISCLAIMER OF WARRANTIES
DISCLAIMERS AND CONDITIONS FOR SUBMISSIONS MADE TO THE SERVICE
USE OF INFORMATION ON THIS SITE
WAIVER AND INDEMNITY, LIMITATIONS OF LIABILITY
RELATIONS BETWEEN USER PARTIES
MODIFICATION OF TERMS OF SERVICE
SCOPE OF SERVICE AND AGREEMENT
NOTICE REGARDING PERSONAL INFORMATION DISCLOSURE
REPRESENTATIONS, RESPONSIBILITIES, AND RIGHTS OF VENDOR USERS
You are NOT granted ANY redistribution rights for any page, aspect, or component of this site. Your use of any materials in this site is limited to use internally by and for your authorized management, construction, or service firm company.
MyVendorCenter.com claims copyright to, but not limited to, all original concepts, and layout materials on this site: For additional information on copyright and redistribution rights, see the Intellectual Property details later in this document.
There are two types of User accounts: Community Association (and other Real Estate Property) Managers (Manager Users) and Construction/Service Vendors (Vendor Users). MyVendorCenter.com through the Website acts as a brokerage service between a willing Buyer (Manager User) and willing Seller (Vendor User). ALL users are subject to the rules and conditions of use contained in this and referenced documents, plus subject to all applicable conditions and laws of appropriate jurisdictions.
Either a Manager User or Vendor User may register by establishing an account ("Account") in accordance with the Usage Rules. Only Manager Users can create and submit an RFP using the Website. Only a "qualified" Vendor User can view or respond to an RFP on the Website. A "qualified" Vendor is one who has passed a proprietary business practices screening process and provided appropriate licensing, insurance, and other documents required to do business as represented.
All Users are responsible for maintaining the confidentiality and security of their respective User Account information and all activities that occur on or through that User Account. Users are cautioned to not, under any circumstances, disclose or reveal User Account information to anyone other than authorized users. Users are responsible for notifying MyVendorCenter.com of any suspected or known security breach. MyVendorCenter.com shall not be responsible for any losses arising out of the unauthorized or fraudulent use of any individual or type of User account
MyVendorCenter.com WILL USE THE WEBSITE TO CONVEY A REQUEST FOR PROPOSAL (RFP) ON BEHALF OF A MANAGER USER AND TO CONVEY A RESPONSE OR PROPOSAL FROM A VENDOR USER TO THE MANAGER USER.
User agrees to use the Service in compliance with the following usage rules for the Website. MyVendorCenter.com reserves the right to modify the usage rules for any reason and at any time. Users are authorized to use the Service for commercial purposes only. As a user, YOU hereby agree to NOT violate, circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with the Service, or to assist another person in such an act or attempt.
You as a user agree to each of the following rules of use for the Website and any of its features:
A. You are NOT to upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable. Should you encounter OBJECTIONABLE MATERIAL: User understands that by using the Service, there is risk you may encounter material that you may deem to be offensive, obscene, indecent, or objectionable, which content may or may not be identified as such. Nevertheless, you agree to use the Service at your sole risk and MyVendorCenter.com shall have no liability to you for any exposure to material that may be found to be offensive, obscene, indecent, or objectionable.
B. You are NOT to stalk, harass, threaten or harm another;
C. You are NOT to request personal information about or from individuals, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, email address;
D. You are NOT to represent yourself as any other person, pretend to be anyone, or any entity, whether representing yourself as a User or not - You may not impersonate or misrepresent yourself or your firm as another person, entity, another Service participant, a MyVendorCenter.com employee, or a civic or government leader, or otherwise misrepresent User affiliation with a person or entity, (MyVendorCenter.com reserves the right to reject or block any user/email/Username which could be deemed to be an impersonation or misrepresentation of User identity, or a misappropriation of another person's name or identity). Suspended users are not eligible for refunds, and shall forfeit any monies paid. This provision also applies to False Service Requests and Remedies as discussed later.
E. You are NOT to engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
F. You are NOT to post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
G. You are NOT to forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise put information in a header designed to mislead recipients as to the origin of any content transmitted through the Service ("spoofing");
H. You are NOT to upload, post, email, transmit, store or otherwise knowingly make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
I. You are NOT to interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
J. You are NOT to plan or engage in any illegal activity; and/or gather and store personal information on any other Users of the Service to be used in connection with any of the foregoing prohibited activities;
K. You are NOT to cheat, defraud, or otherwise modify the Service or the User experience to affect an advantage for one User over another;
L. You are NOT to assist or conspire with others to circumvent fees due from Users to MyVendorCenter.com.
If you or any other user in your firm knowingly posts false information, or violates any of the above Usage Rules or Terms of Service hereof, MyVendorCenter.com may be entitled to injunctive relief, and may seek legal and equitable remedies including, but not limited to, tortious interference with contractual and/or advantageous business relations, common law fraud and/or wire fraud, fraudulent inducement, negligent inducement, invasion of privacy, defamation, deceptive trade practices, and various other causes and remedies, in addition to seeking damages for breach of this User Agreement.
The Service is not available to people less than 18 years of age or any person who cannot otherwise enter into a legally binding contract under appropriate jurisdiction.
By using the Service, User is communicating electronically. Specifically, you as a User consents to receive communications from the Website and any persons or entities that provide services through the Website in an electronic format. Further, you agree that all the terms and conditions contained herein, along with any e-mails or other electronic communications through, with or pertaining to the Service, satisfy any legal requirement that such communications must be in writing. You agree that, by clicking upon the "AGREE" button, User action shall be construed as the equivalent of scribing your initials after each provision of this document, and placing your signature at the bottom of this document, as User's agreement that you as a User have read, understood and agreed to all the terms and conditions herein.
If User makes a false service request, including but not limited to, a false Request for Proposal (RFP), a false Proposal, or uses a false identity, User agrees that such action or actions will constitute a material breach of this Agreement. User further agrees that damages under such circumstances, in the form of lost profits, lost opportunity, consequential damages, damage to reputation, and disruption of services, would be difficult to measure. Therefore, any person or entity making false service requests or other applications and inquiries using a false identity, agrees to pay the amount of $5,000.00 as liquidated damages, per incident, to both MyVendorCenter.com and each User to whom such request was made. This amount does not constitute a penalty, but is a valid attempt to quantify damages that may result from such incidents. In addition, the person or entity making such false request or request under a false identity agrees to pay all reasonable attorney fees, investigative costs, court costs, and other costs and expenses incurred by MyVendorCenter.com, including fees, costs, and expenses incurred on appeal, and in determining the amount of reasonable fees, costs, and expenses. This provision shall not limit MyVendorCenter.com's right to pursue other remedies and damages for related or unrelated tortious acts. Further, should a single person or entity make two (2) or more such false requests, such activities shall be deemed to constitute a pattern of false requests under this Agreement. Under such circumstances, MyVendorCenter.com shall have the right, at its sole discretion, to waive the liquidated damages provision stated herein, and pursue additional damages, including, but not limited to punitive damages.
The Service is subject to MyVendorCenter.com's Privacy Policy (click to view). As set out in the Privacy Policy, when User uses certain features of the Service, such as inviting others to join the Service as Users, the personal information the User shares is visible to others including other Users and can be read, collected, or used by them. YOU are responsible for the personal information that you choose to submit in these instances.
If User sends an invitation, the full name associated with the User's ID will be shared with the recipient of the invitation. If User accepts a "Preferred Vendor" or "In-House Vendor" invitation, the full name associated with the User ID will be shared with the sender.
SCOPE OF SERVICE AND LIMITATIONS
User accepts and acknowledges that you are solely and fully responsible for researching, evaluating, and selecting a Vendor/requestor. All Users understand and agree that it is solely their responsibility to research, ascertain, confirm and verify the license requirements, license status, qualifications, safety record, disciplinary record, insurance status, corporate status, bonding information, integrity, and other qualifications of a Vendor. Any information regarding the above items provided through the Website are to be considered and used as a screening tool only, and should not be relied upon as a matter of legal record or otherwise, and should not be relied upon as factual.
MyVendorCenter.com is not an attorney and cannot give legal advice or provide legal services. Those Users entering into contractual relations with other Users, discontinuing such contractual relations, or involved in disputes with other Users should seek the advice of an attorney as appropriate and should not act unless they are clear as to their legal rights and duties.
INDEPENDENCE OF VENDORS/DISCLAIMER OF WARRANTIES
The Vendor users listed by MyVendorCenter.com on the Website, or that otherwise offer, provide, or advertise their services through the Website, are not employees, agents, subsidiaries, joint ventures, or affiliates of MyVendorCenter.com. MyVendorCenter.com does not control their actions, representations, or services.
PLEASE NOTE that MyVendorCenter.com does not recommend any one Vendor user over any other Vendor user, and any ratings provided are only indicative of compliance in meeting documentation, and Manager User-provided feedback on service performance. Any guarantees, warranties, and representations made by Vendor users expressed or implied do not constitute any guarantees, warranties, or representations of MyVendorCenter.com.
MyVendorCenter.com is not responsible for the accuracy of information on the Website provided by any User. MyVendorCenter.com does not guarantee, warrant, endorse, defend, investigate, or supervise the performance, representations, guarantees, or warranties of any Vendor user. If any User (or constituent thereof, directly or indirectly) enters into a contract with a Vendor User, User agrees that User's rights are governed by the contract and by applicable law. If a User enters into a contract with any other User of this website, their respective rights are governed by the contract and by applicable law. In any event, MyVendorCenter.com is not a proper party to any dispute that may arise between or among Users. If any representative of MyVendorCenter.com is engaged in discussion regarding any dispute, absolutely no legal or binding arbitration may be inferred by such discussion.
DISCLAIMERS AND CONDITIONS FOR SUBMISSIONS MADE TO THE SERVICE
Through the Website, MyVendorCenter.com may offer interactive features that allow Users to submit materials (including links to third-party content) on areas of the Service accessible and viewable by other users and in some cases members of the public. You agree that any use of such features, including any materials submitted by you or other Users, shall be at your sole risk and responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste. By using submission features, you also represent and warrant that you have obtained all necessary rights and licenses to make such submissions. You agree to provide accurate and complete information in connection with submissions of any materials on the Service.
In addition, as a User you hereby grant MyVendorCenter.com a worldwide, royalty-free, non-exclusive permanent and paid up license to use any materials originating of your control and ownership, as part of the Service or in providing or marketing the Service, without limitations, and with no expectation of compensation or obligation to any User or others. MyVendorCenter.com reserves the right to elect to not post or publish any materials and to remove or edit any material, at any time in its sole discretion without notice or liability.
Upon request, Users may be granted limited and nonexclusive permission to create a hyperlink to the home page of the Website. User understands and agrees that MyVendorCenter.com does not control such links from (or to) third-party web sites, and MyVendorCenter.com is not responsible for content or functionality of such third party websites. No link may portray the Website in a false light or defame or disparage the services offered by MyVendorCenter.com on MyVendorCenter.com or any Vendor user listed on the Website.
User is solely responsible for and agrees to hold MyVendorCenter.com harmless and indemnify MyVendorCenter.com against any and all claims, actions, costs, and damages resulting in any way from use or misuse of the Website. MyVendorCenter.com is not responsible for any statements of opinion, complaints, comments, reviews, or ratings posted or published within its website. Such representations constitute the opinions of those who posted the content, are not endorsed by MyVendorCenter.com, and do not reflect the opinions of MyVendorCenter.com or its officers, directors, agents, or employees. MyVendorCenter.com may or may not review posted content and regardless has no obligation to conduct such reviews or to regularly remove content that does not meet the criteria set forth within these Terms and Conditions. MyVendorCenter.com has the right, but no obligation, to monitor any information or materials submitted by Users or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, including violation of our intellectual property rights, and to take any action that MyVendorCenter.com in its sole discretion deems appropriate, including, without limitation, termination of services, penalties, and legal remedies.
MyVendorCenter.com may provide links to third-party web sites as a convenience to User. You agree that MyVendorCenter.com is not responsible for examining or evaluating the content. You agree that you will not use on, within, or link to the Website any third-party materials in a manner that would infringe or violate the rights of any other party and that MyVendorCenter.com is not in any way responsible for any use of third party materials by User.
MyVendorCenter.com provides limited online document storage to its Users as a courtesy. This online document storage is not meant as a sole source or archive of any data. It is entirely the User's responsibility to archive and save any information that must be retained for their protection, benefit, or retained for their own records. MyVendorCenter.com is not responsible for the retention of User documents and may, at its sole discretion and without notice, remove any documents as part of a purging process or otherwise.
USE OF INFORMATION ON THIS SITE
As a condition of use for the Services provided and by the nature of the Service provided, Users will disclose certain information, including but not limited to: contact information, service needs, and such other data as is sought through RFPs, forms, and blank fields provided. YOU authorize MyVendorCenter.com to store this information and to send, share, and distribute this information with users. You understand that MyVendorCenter.com will use this information to provide Services to you and other Users, to contact you or your company should the need arise, to provide this information to Vendor Users or Manager Users as appropriate, and for related purposes. User understands that Vendor Users may use this information to determine whether they are capable of providing the service requested, to determine whether a prospective job location is within their service area, and to determine whether they are interested in submitting a proposal in response to a Manager User's request. You authorize MyVendorCenter.com as well as the respective Users to contact you by e-mail, telephone, mail, fax, or by any other reasonable method of communication. By using the Service, you specifically agree to waive any restrictions of any Do Not Call list or similar service, or any law or regulation that restricts commercial solicitations, telephone calls, faxes, or any other form of commercial speech or advertisement. Please consult MyVendorCenter.com's Privacy Policy (click to view) for additional details concerning use of the information User provides to and through this Service. Should any terms within this section conflict with those incorporated within MyVendorCenter.com's Privacy Policy, those contained within this section shall prevail.
As a user of this site you agree to respect all intellectual property of the Service, including but not limited to graphics, User interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service. These and other elements contain proprietary information and material that is owned by MyVendorCenter.com and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use or redirect such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and User shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, MyVendorCenter.com and its licensors reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the Service at any time without notice. In no event will MyVendorCenter.com be liable for making these changes. MyVendorCenter.com may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
All copyrighted material and trademarks associated with the Web Site, company, and Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by MyVendorCenter.com and/or its licensors, or other respective owners, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT USER TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
MyVendorCenter.com and other HOA Assistant, LLC trademarks, service marks, graphics, and logos used in connection with the Service are trademarks of HOA Assistant, LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service are the trademarks of their respective owners. User is granted no right or license with respect to any of the aforementioned trademarks and any use of such trademarks.
If User fails (or MyVendorCenter.com suspects that User has failed) to comply with any of the provisions of this Agreement, MyVendorCenter.com, at its sole discretion, without notice to User may: (i) terminate this Agreement and/or User's Account; and/or (ii) terminate the license to the Service; and/or (iii) preclude access to the Service (or any part thereof). MyVendorCenter.com reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to User, and MyVendorCenter.com will not be liable to User or to any third party should it exercise such rights even if mistaken as to cause.
MyVendorCenter.com DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USE OF THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE.
MyVendorCenter.com MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE OPERATION OR CONTINUITY OF THE SERVICE OR THE INFORMATION AND ADDITIONAL SERVICES MADE AVAILABLE THROUGH THE WEBSITE.
AS A CONDITION OF USE, YOU EXPRESSLY AGREE THAT USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO USERS THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY MyVendorCenter.com HEREIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
MyVendorCenter.com HEREBY DISCLAIMS ALL REPRESENTATIONS, GUARANTEES AND WARRANTIES IN RESPECT OF SERVICES AND OTHER INFORMATION PROVIDED BY OR POSTED BY MyVendorCenter.com OR ANY VENDOR USERS WITHIN THIS WEBSITE OR ELSEWHERE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE, IRRESPECTIVE OF HOW SUCH WARRANTIES OR REPRESENTATIONS ARE FRAMED, CLASSIFIED, OR PRESENTED. USER HEREBY ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY TYPE, PROVIDED BY VENDOR USERS, MERCHANTS, MANUFACTURERS, OR SUPPLIERS ARE TO BE PURSUED AND ENFORCED STRICTLY AGAINST SUCH VENDOR USERS, MERCHANTS, MANUFACTURERS, OR SUPPLIERS, AND THAT NO CLAIMS OR ACTIONS RELATING TO SUCH WARRANTIES, GUARANTEES, AND REPRESENTATIONS WILL BE ENFORCED AGAINST MyVendorCenter.com.
MyVendorCenter.com DOES NOT WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
MyVendorCenter.com PROVIDES NO WARRANTIES RELATED TO REPRESENTATIONS BY MANAGER USERS, OR BY THOSE OF THE VENDOR USERS, RATINGS, OR SCREENING PROCESS, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE. USER RELEASES MyVendorCenter FROM ANY AND ALL LIABILITY, AND USER SPECIFICALLY AGREE TO BE RESPONSIBLE FOR ASCERTAINING AND VERIFYING THE CREDENTIALS AND CURRENT STATUS OF ANY VENDORS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY IN SOME INSTANCES.
WAIVER AND INDEMNITY, LIMITATIONS OF LIABILITY
By using the services provided by MyVendorCenter.com, you agree to indemnify and hold MyVendorCenter.com, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any and all claims arising out of user breach of this agreement, yours or your company's use of the service, or any action taken by MyVendorCenter.com as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred.
MyVendorCenter.com shall use reasonable efforts to protect materials or information submitted by user in connection with the service, but user agrees that user's submission of such information is at user's sole risk, and MyVendorCenter.com hereby disclaims any and all liability to user for any loss or liability relating to such information in any way.
MyVendorCenter.com does not represent or guarantee that the service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and MyVendorCenter.com disclaims any liability relating thereto.
In no case shall MyVendorCenter.com, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from user use or inability to use the service or for any other claim related in any way to user use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, MyVendorCenter.com's liability shall be limited to the extent permitted by law.
RELATIONS BETWEEN USER PARTIES
You acknowledge and agree that MyVendorCenter.com accepts no responsibility or liability with respect to any disputes that may arise between Users.
MyVendorCenter.com specifically disclaims any responsibility or liability whatsoever including, but not limited to: failure of performance; late payment, non-payment, financial disputes with Users; incomplete, shoddy, nonconforming, or defective work; defective or hazardous products; injuries sustained on the job site; injuries or accidents occurring in transit to or from the job site; injuries resulting from defective workmanship; code violations, criminal violations, and statutory violations; fraud, civil theft, and other tortious conduct; abandonment of any contract; false advertising; bidding and contractual disputes; injuries resulting from engineering, building, or design errors; mold, radon, latent defects, and hazardous materials; warrantee and guarantee issues; and any other claims or disputes, of any type whatsoever, without limitation, that may arise out of services sought, offered, or provided as a result of contacts generated by this website.
You acknowledge and agree that, to the fullest extent allowed by law, MyVendorCenter.com shall have no liability whatsoever for damages flowing from, arising out of, or connected with this Agreement and Services rendered through the Website or pursuant to this Agreement, irrespective of any negligence, gross negligence, misfeasance or malfeasance allegedly attributable to MyVendorCenter.com. This limitation shall apply whether such liability allegedly arises from the acts of Users, MyVendorCenter.com, or third parties.
In exchange for and in consideration for the use of Service, you hereby agree to release, acquit, and forever discharge MyVendorCenter.com, along with its officers, directors, shareholders, affiliates, employees, attorneys, and agents, from any and all manner of actions, which may have, or which may arise out of, or which is in any way connected to relations, dealings, contacts, or contracts made as a result of use of the Service. Except as otherwise required by law, and to the fullest extent that this limitation can be enforced at User locality, you acknowledge and agree that your exclusive remedy against MyVendorCenter.com, with respect to any claim related to use of the Service, is that you are free to discontinue, without notice, use of the Service offered by MyVendorCenter.com.
In the event that this provision is deemed unenforceable by locality, any disputes that arise under this User agreement, or that is in any way related to this User agreement or to Service provided, shall be submitted to binding arbitration, pursuant to the rules of the American Arbitration Association at a hearing held in Palm Beach County Florida. If a User is determined to be in violation of the Terms and Conditions of this agreement, that user shall be responsible for all MyVendorCenter.com's reasonable attorney's fees and costs, including expenses associated with expert witnesses, travel, costs, appellate proceedings, and the like, including attorney's fees incurred in establishing the amount of attorney's fees to be awarded.
If you as a User choose to bring any action arising out of this agreement, you agree to do so within sixty (60) days from the date the action or cause accrued. If you fail to bring such action within sixty (60) days, you agree to waive such claims to the fullest extent permitted by law.
You as a User agree and acknowledge that MyVendorCenter.com is not a party to any contract between any two or more users of the service. As such, you agree that MyVendorCenter.com has no obligation to address, acknowledge, review, take up, or respond to complaints or disputes with respect to the representations, actions, or services provided for or by a User. Any inquiries or complaints should be directed to that User. At its sole discretion, MyVendorCenter.com may offer non-paid, informal, limited assistance to Users who contacted a User through the Service and who are dissatisfied with the services provided (or not provided) by the User. Such inquires should be directed to MyVendorCenter.com's Customer Service Department.
Any User seeking such assistance from MyVendorCenter.com agrees to have made a good-faith effort to resolve the dispute with the counter-party User before contacting MyVendorCenter.com, and further agrees to cooperate, to act in good faith, and to deal fairly in its contacts with MyVendorCenter.com.
The User seeking such services specifically acknowledges that MyVendorCenter.com is not acting as an attorney, mediator, arbitrator, or in any other formal capacity. If you desire such assistance, you agree that any assistance provided by MyVendorCenter.com, pursuant to this section is given free of charge and consideration, shall not subject MyVendorCenter.com to any liability whatsoever, and shall not serve to create any new duties or obligations on the part of MyVendorCenter.com.
MyVendorCenter.com reserves the right to terminate such assistance at any time, at its sole discretion, with or without cause.
MODIFICATION OF TERMS OF SERVICE
MyVendorCenter.com reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on User use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
SCOPE OF SERVICE AND AGREEMENT
This document titled collectively as "Terms of Service and User Agreement" constitute the agreement between YOU as a User, and MyVendorCenter.com; and further that it governs your use of the Service, superseding any prior agreements between User and MyVendorCenter.com regarding the Service. Users may also be subject to additional terms and conditions that may apply when you utilize affiliate services, third-party content, or third-party software.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
MyVendorCenter.com's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision in the same or any other occurrence.
MyVendorCenter.com will not be responsible for failures to fulfill any obligations due to causes beyond its control. The Service is operated by MyVendorCenter.com from its offices in the United States. User agrees to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
All transactions on the Service are governed by this Agreement and its interpretation under Florida law, without giving effect to its conflict of law provisions. Use of the Service may also be subject to other laws and regulations.
You as a User expressly agree that exclusive jurisdiction for any claim or dispute with MyVendorCenter.com or relating in any way to your use of the Service resides in the courts of Palm Beach County, Florida.
Risk of loss and title for all electronically delivered transactions pass to the transmitting (sending) User upon electronic transmission.
No MyVendorCenter.com employee or agent has the authority to vary this Agreement.
In some cases MyVendorCenter.com may elect to send Users notices with respect to changes or amendments to the Service or agreement by sending an email message to User Account email address, or a letter via postal mail to User Account mailing address, or by a posting on the Service. Notices and any respective changes shall become effective immediately. This does not relieve Users of the obligation to periodically review this document for changes as a condition of continuing use of the Service.
MyVendorCenter.com reserves the right to take steps that MyVendorCenter.com believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
NOTICE REGARDING PERSONAL INFORMATION DISCLOSURE
You as a User agree that MyVendorCenter.com may have an obligation, and thus the right as appropriate and without notice or liability to Users, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials in compliance with Federal Law or legally compelling subpoena. In addition, MyVendorCenter.com may disclose to law enforcement or appropriate third parties, as MyVendorCenter.com believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MyVendorCenter.com's right to cooperate with any legal process relating to User use of the Service and/or products, and/or a third-party claim that User use of the Service and/or products is unlawful and/or infringes such third party's rights).
After registering (and paying the subscription fee as specified on the site), vendors may also as specified below be subject to and undergo background (criminal and financial) screening. Once the account is approved, an email is sent to the vendor with further instructions to complete the eligibility requirements to receive RFPs. Vendors must then log in to the website and upload their "Mandatory Compliance Documentation" (general liability insurance & W-9). In order to meet any increased eligibility requirements of an RFP, vendors are encouraged to also upload additional licensing and insurance documentation.
VENDOR SCREENING PROCEDURE
To determine if a Vendor is eligible to offer their services through MyVendorCenter.com, Vendor must provide an annual subscription fee as specified during registration or as features are subsequently elected. MyVendorCenter.com may, as required by a management firm or at our discretion, do a criminal background screening and other screening of applying Vendors. Vendor specifically authorizes MyVendorCenter.com to conduct such investigation as it deems necessary, including, but not limited to, credit checks, obtaining and reviewing civil filings, court records, other public records checks, identification verification, licensing, certification, and reference checks. This information may be obtained by MyVendorCenter.com from third party sources, including, but not limited to, credit reporting agencies, licensing authorities, and third-party investigative sources.
Should MyVendorCenter become aware of any Vendors with Principal's who are convicted of a crime involving dishonesty or moral turpitude, or is a convicted sexual predator, or a violent felon, the firm will be eliminated from offering services through MyVendorCenter.com's website. As such, if there is such a history with your firm's Principals, be advised that you should not execute this agreement, and be aware that you will not be refunded any subscription fees paid.
When considering whether other types of items including convictions, judgments bankruptcies or document validity deceptions disqualify a Vendor from offering its services through MyVendorCenter.com's website, MyVendorCenter.com reserves the right to weigh various factors, including, but not limited to, the seriousness of the incident, whether it was an isolated incident or was part of a pattern, and the amount of time that has transpired since the incident. Vendor agrees and acknowledges that MyVendorCenter.com has absolute discretion in making such determinations. Vendor specifically waives any and all claims against MyVendorCenter.com and agrees to defend and hold MyVendorCenter.com harmless with respect such determinations.
MyVendorCenter.com reserves the right, at its sole discretion, to reject any Vendor based on the outcome of any screening procedure, license checks, or any other information that causes MyVendorCenter.com to suspect or believe that Vendor may not be properly licensed, qualified, dependable, trustworthy, or able to fulfill its obligations. Vendor acknowledges that MyVendorCenter.com is entitled to exercise such caution and discretion to protect the consumer. In instances where a Vendor fails a screening, Vendor forfeits their subscription fee. Vendor acknowledges that participation in MyVendorCenter.com's services represents a license or privilege rather than a right. Vendor specifically waives any claim against MyVendorCenter.com based on MyVendorCenter.com's failure to list Vendor, rejection of Vendor, or any discretionary activities undertaken by MyVendorCenter.com as a result of information obtained through the screening process or through any other means, irrespective of any alleged inaccuracies in the information, and irrespective of any alleged negligence or gross negligence on the part of MyVendorCenter.com in receiving, compiling, researching, or interpreting said information.
REPRESENTATIONS, RESPONSIBILITIES, AND RIGHTS OF VENDOR USERS
Vendor User represents that the information provided in the Vendor User sign up is true and accurate. Vendor User represents that it provides services in or related to the community association industry. If Vendor User is a corporation, it represents that it is a corporation in good standing and that it is properly registered in the state or states in which it does business. If Vendor User is a contractor, professional, or practices any trade which requires a license, Vendor User states that it is properly licensed and fully qualified to perform all the services it offers. Vendor User acknowledges and agrees that it is responsible for securing and maintaining all licenses, registrations, and certifications necessary for it to perform any services contemplated or offered pursuant to this agreement. Vendor User represents that it is in full compliance with laws, ordinances, codes, rules, and regulations that pertain to its operations, and that it will continue to abide by all such laws, ordinances, codes rules and regulations throughout the duration of this Agreement. Vendor User shall not offer to perform, bid to perform, or accept any work that it is not fully qualified or licensed to perform. If Vendor User is awarded a job, and enters into contract with any website user, Vendor User shall provide the expertise, labor, and equipment needed to perform such services.
Vendor User is responsible for maintaining all requisite licenses and certificates, workers compensation insurance (where required), and such other forms of insurance as a required. Vendor User specifically agrees to continually provide MyVendorCenter.com with an up-to-date, valid copy of its license(s) in order to be eligible to offer/perform services. Within two (2) business days of the occurrence of any one of the following events, Vendor User shall submit in writing to MyVendorCenter.com a report of:
(1) Any disciplinary action taken against Vendor User by any licensing or government authority;
(2) Any restrictions placed against Vendor User's license or authority to conduct business by any government authority, including, but not limited to stop work orders, suspensions, and the like;
(3) Any civil judgment against Vendor User.
(4) The conviction of any of Vendor User's owners, officers, or directors, of a felony or crime involving dishonesty;
(5) Any complaint of unlicensed activity filed with any government authority,
(6) Filing of any lawsuit or other claim involving a user who contacted Vendor User through MyVendorCenter.com's web site, or
(7) Filing of Bankruptcy by Vendor User.
(1) Consideration. Both parties acknowledge that this Agreement is a binding contract and that it is supported by adequate consideration.
(2) Construction/Venue. Headings used in this Agreement are included for convenience only and will not limit or modify the terms and conditions. This Agreement is a Florida contract, entered into in Palm Beach County, and is to be governed in accordance with the laws of the State of Florida. Venue and jurisdiction shall be proper in Palm Beach County.
(3) Entire Agreement/Merger. This Agreement constitutes the entire agreement between the parties and may not be modified or amended absent a written agreement executed by both parties. Any other attempt to alter or amend this Agreement shall be null and void and of no force or effect. All previous representations and negotiations are merged within and made a part of this Agreement. If any provision of this Agreement is found to be unenforceable by a court of law, the unenforceable provisions shall be severed, and the remaining provisions shall be enforced to the fullest extent permitted by law.
(4) Right to Review/Effect. Vendor is entitled to seek the advice of legal counsel prior to signing this Agreement. Vendor acknowledges that Vendor has read the Agreement in its entirety, understands the contents, and agrees to abide by its terms. This Agreement shall be interpreted in a neutral manner, and shall not be interpreted against the party who drafted the Agreement.
(5) Assignment. Vendor User may not assign, convey, subcontract or delegate its rights, duties or obligations under this Agreement.
(6) Additional Rules/Policies. MyVendorCenter.com reserves the right to post additional rules of use and policies that apply to aspects of the services provided through this Vendor User Service Agreement. Vendor User's continued use of MyVendorCenter.com services constitutes its agreement to comply with these additional rules.
(7) Binding Effect. The parties executing this agreement represent that they have the power and authority to bind their respective organizations.
(8) Electronic Communications/Signature. Vendor User specifically consents to receive communications from MyVendorCenter.com through electronic means. Vendor User further agrees that this Agreement satisfies any legal requirement that such communications must be in writing, signed by either or both parties. Vendor User agrees that, by clicking upon the "AGREE" button, its action shall be construed as the equivalent of placing the initials of Vendor User's authorized agent after each provision of this document, and placing signature of Vendor User's authorized agent at the bottom of this document, after fully having read and understood all the terms and conditions stated herein.
VENDOR USER ACKNOWLEDGES HAVING READ THIS AGREEMENT AND AGREES TO BE BOUND BY ALL THE TERMS AND CONDITIONS STATED HEREIN WITHOUT MODIFICATION.