DSWhoa Terms

DSWhoa Terms of Service

By using the DSWhoa services, you acknowledge that you have read our set of legal documents and agree to be bound by the terms and conditions contained herein as well as all acceptable use policies incorporated by reference.

This is an Agreement between You - Customer of our DSWhoa Services and DSWshop Data Systems, a US company headquartered in Miami, Florida. Legal details about the company can be found in the 'Customer Service Contact Details' section of this document. For the sake of brevity, DSWshop.com/hoa and DSWhoa.com website (herein referred as the “Site”) is an online information service provided by DSWshop Data Systems (herein referred as the “DSWhoa" or "Company”). If you continue to browse and access the site, you are agreeing to comply with and be bound by the terms and conditions. Please do not access or use the Site should you disagree with any part of the terms of conditions.

Your continued use of DSWhoa services confirms that you do not perform or willing to perform any prohibited activities listed there. You may not use our service for any unlawful purposes or in furtherance of illegal activities. By using DSWhoa, you agree to comply with all applicable laws governing your online conduct and content.

You may not use our service for any unlawful purposes or in furtherance of illegal activities. By using DSWhoa, you agree to comply with all applicable laws governing your online conduct and content.

As a Customer of our Services, you need to be aware that, when signing up for an account with DSWhoa, you accept and agree to abide by our HOA Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents.

Please note that DSWhoa may change this agreement without notice, such that the effect of the amendment shall be effective immediately upon the posting of the modified agreement on the Site. Your continued access of this site shall be deemed a conclusive acceptance of the amended agreement. If you do not agree with this agreement in its entirety or if any change to this agreement is not acceptable to you, your only remedy is to cancel your account and stop using the service, which you may do by contacting us.

1. General Account Terms

1. The Service is not intended for children. You must have reached the age of majority to use this Service.

2. You must provide your full name, a valid email address, and any other information requested in order to complete the signup process.

3. You are responsible for maintaining the security of your account and password. DSWhoa cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

4. You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright, privacy or trademark laws).

2. Privacy Policy

For information about the collection, use and disclosure of user information, please refer to DSWhoa's Privacy Policy. By using this Website and the DSWhoa Services by DSWshop Data Systems, you agree to allow DSWhoa to collect, use and disclose personal information in accordance with this Privacy Policy.

3. Description Of Service

DSWhoa offers web-based Software as a Service (SaaS) and has launched this web-based application and services. Each registered user receives an account that provides access to the web application. Each registered user, with permission, can post content to the application. Unless explicitly stated otherwise, any new features, including the release of new DSWhoa tools and services, shall be subject to the agreement. In order to use the service, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

4. Access

DSWhoa may provide registered users with password protected access to their website portal account. You agree to immediately notify DSWhoa, in writing, of any unauthorized use of your account or any other breach of security and log off your account at the end of each session. DSWhoa cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

In consideration of use of the service, you agree to provide true, current, accurate, complete information about yourself. If you provide any information that is untrue, outdated, inaccurate or incomplete, or if DSWhoa has grounds to suspect that such information is untrue, outdated, inaccurate or incomplete, DSWhoa has the right to suspend or terminate your account.

If your contact information, or other information related to your account, changes, you must notify DSWhoa promptly and keep your information current.

5. Permitted Users

The DSWhoa application is designed for use by adults. You must be eighteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of eighteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of eighteen, please contact us at support@dswshop.com. When you sign up for a site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to this agreement.

6. Website Content

We own our stuff; you own yours.

DSWhoa claims no ownership of your content. By using our service, you may provide us with your content (This “content” includes messages you send, files you upload, comments you make, profile information, and anything else you enter or upload to an DSWhoa application. You retain full ownership of your content.

By submitting content for inclusion on an DSWhoa application, you grant DSWhoa a royalty-free, international, non-exclusive license to reproduce, back up and publish the content on the application. This license exists only for as long as you hold an DSWhoa account.

In order for us to provide the service to you, we require you to grant us certain rights with respect to your content. For example, we need to be able to transmit, store and copy your content in order to display it and to make backups to prevent data loss. Your acceptance of this agreement gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as TownSq desktop (the “Sites”), the TownSq mobile applications (the “Apps”) Services provided by SocialCondo USA Holdings, LLC whose located in the United States of America) in the operation and administration of the service and the rights granted to us are extended to these third parties to the degree necessary in order for the service to be provided. These rights and permissions are not permanent; they terminate when you remove all or part of your content from the application.

You are solely responsible for your conduct, the content of your files, and your communication with others while using the Services. For example, it is your responsibility to ensure you have the rights or permission needed to comply with these agreement.

You acknowledge that DSWhoa has no obligation to monitor any information on the application or services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the services.

The services provide features that allow you to share your content with others or to make it public. There are many things that users may do with that content (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. DSWhoa is in no way responsible for that activity.

Files and other content uploaded to the application may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not DSWhoa, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the DSWhoa services. You must not upload spyware or any other malicious software to the application.

You are responsible for maintaining and protecting all of your content. DSWhoa will not be liable for any loss of or corruption to your content, or for any costs or expenses associated with the back up or restoration of your content.

7. Links

The application or services may contain links to third-party websites or resources. DSWhoa does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You further acknowledge and agree that DSWhoa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with content, goods or services available on or through any third-party websites and/or application.

8. DSWhoa Limited License To You

DSWhoa grants you an inexclusive, limited, revocable license to access the web application, website and its services.

You may use the web application(s), website and website content only for their intended purposes. Any unauthorized use may violate applicable laws (including trademark and copyright laws) and may result in termination of your account.

You may not:

  • alter or make derivative works of the web application, website or its content.
  • perform any data mining, gathering or extraction though the use of robots, data mining or other methods.
  • reproduce, distribute or display the website or its content (except for page caching) without express permission from the owners of DSWhoa
  • modify or remove any trademark or copyright notices from the code or content.

Nothing in this agreement may be construed as granting any license to intellectual property rights (implied or otherwise). You warrant that your use of the web application, website or services will not violate the rights of any other party, will not breach any contract or legal duty, will comply with the terms of this license and will not violate any applicable law. DSWhoa may revoke or alter this limited license at any time.

9. Limitation Of Liability

In no event will DSWhoa, any of its officers, directors, suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DSWhoa under this agreement during the twelve (12) month period prior to the cause of action. DSWhoa shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. DSWshop Data Systems Rules

DSWshop Data Systems has some ground rules which you must adhere to when using the site. You agree not to do any of the following:

  • Threaten other users with violence.
  • Use hateful, abusive, harassing, libelous, or obscene language towards other users.
  • Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
  • Post any material which promotes illegal activity, could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law or regulation;
  • Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
  • Use the site to distribute viruses or other harmful, disruptive, or destructive files;
  • Use or attempt to use another person’s account;
  • Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
  • Attempt to obtain unauthorized access to the site;
  • Impersonate another person;
  • Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
  • Systematically harvest data from the site, or programmatically register accounts on the site.

You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from United States; and that you will comply with all applicable local, provincial, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.

If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.

11. Copyright Infringement

You may not post, upload, or otherwise place any content or information on the site that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the site, please send a notice of copyright infringement containing the following information to the designated agent at the address below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Contact information for the notifying party, including name, address, telephone number, and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded, or otherwise placed the allegedly infringing material on the site that we have removed or disabled access to such material.

If you believe that material has been removed improperly, you must send a written counter notification to the agent, and include:

  • A physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of Canada, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.

Upon receipt of a counter notification complying with these requirements, we will promptly provide the original reporter with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it if we do not receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material

12. Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defence and control of any matter subject to indemnification by you. The assumption of such defence or control by us, however, shall not excuse any of your indemnity obligations.

13. Limitations Of Liability

Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.

14. Cancellation and Termination Policies

We’d rather you stay, but you can stop using our Services any time. If you cancel your account, your cancellation will take effect immediately. After cancellation, you will no longer have access to the web application or services. DSWhoa, your Board or your Property Manager may delete the information contained within your account. DSWhoa accepts no liability for such deleted information or content.

If your Board or your Property Manager cancels the DSWhoa or DSWshop Data Systems service, the cancellation may take effect immediately. After cancellation, you will no longer have access to the application or service.

We reserve the right to suspend your account or end the services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with this agreement, or if you use the services in any way that would cause us legal liability or disrupt others’ use of the services.

We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, at our sole discretion, and you understand there is no guarantee that the application or any functionality of it will continue to operate or be available for any particular period of time.

If your Council, Board or Property Manager fails to pay for its monthly and/or yearly service on the payment due date, DSWhoa may, at its discretion, take down the website or application within 30 days.

If we suspend or terminate your account, if your Council, Board or Property Manager fails to pay for the service, or if your Council, Board or Property Manager cancels the service, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating this agreement, a court order, or danger to other users) where we may suspend your account immediately.

You can cancel your account at any time by sending an email to support@dswshop.com. If you like, you may export your documents prior to cancelling your account. Upon cancellation of your account, your files will be marked for deletion and may be deleted after sixty-days. DSWhoa accepts no liability for this deleted content.

If you fail to pay your setup charge, DSWhoa will not launch your application. If you fail to pay your monthly and/yearly service charge on the payment due date, DSWhoa will, at its discretion, take down your application within thirty days. After 6 months of non-payment, DSWhoa will cancel the service and may delete your content. DSWhoa accepts no liability for this deleted content.

Please note: Your account will be subject to third party fees, such as non-sufficient funds (NSF) fees charged by a bank if your payment is rejected.

15. Refund Policy

DSWhoa offers its websites under a Software as a Service (SaaS) licensing agreement. Typically, DSWhoa does not provide refunds. If you cancel your service at least 5 days prior to the next billing date, DSWhoa will take down your site or application and will not charge you again.

DSWhoa will not be held responsible, under any circumstances, for charges (including NSF charges) you incur as a result of erroneous charges against your credit card or as a result of you neglecting to cancel your service or automatic payments in a timely manner.

16. DSWhoa Is Available "AS-IS"

The application is provided on an “as is” and “as available” basis. DSWhoa, its directors, its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DSWhoa nor its suppliers and licensors, makes any warranty - implied or otherwise - that the application will meet your requirements, or that the services will be reliable, current, complete, that access thereto will be continuous or uninterrupted, or that defects, if any, will be corrected. You understand that you download from, or otherwise obtain content or services through, the website or application at your own discretion and risk. DSWhoa attempts to make its Services safe but does not warrant that the website, web applications or content are free of viruses, malware or other malicious components.

You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.

17. Questions"

If you have any questions about our terms of service, please contact us.