TERMS OF SERVICE


Effective Date: January 1, 2019

Welcome to the Paul Associates, Inc. (“We,” “Us,” “Our”) website. These Terms of Service (“TOS”) govern your access or use of Our website and all other websites administered or operated by or on behalf of Paul Associates, Inc. (collectively referred to as the “Website”) and Website Services, as defined below. PLEASE READ CAREFULLY. THESE TOS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PAUL ASSOCIATES, INC. If you do not agree with all terms of these TOS, you should not access or use Our Website or Website Services. By using or accessing Our Website or Website Services, you agree to accept these TOS. 

Our Website is intended to provide you with basic information about Paul Associates, Inc. We also want to give our community association and property owner partners a convenient way to access online certain services that We offer via Our Website Services.

LICENSE

Subject to your compliance with these Terms of Service, Paul Associates, Inc. grants you a personal, revocable, limited, non-exclusive, and non-transferrable license to access and use solely for your personal, noncommercial use Our Website Services, which are defined as (i) Our Website, (ii) the content on Our Website, which includes, but is not limited to logos, text, code, products, artwork, graphics, photographs, images, icons, forms, data compilations, audio and video clips, links, and materials, and (iii) related information, services, tools, and materials that may be made available through or from Our Website. Paul Associates, Inc. owns the Website and the content and information contained on the Website. 

ACCESS AND USE

For certain Website Services, you must register for and maintain an active user account. By registering for a user account, you represent and warrant that (i) you are at least 18 years of age, (ii) are the individual or entity, or authorized agent of the individual or entity, registering for an account and(iii) are an owner or tenant of a rental property managed by Paul Associates, Inc. or (iv) are a member, or authorized representative of a member, of a community association managed by Paul Associates, Inc. We may, in Our discretion, terminate, restrict or deny your access to or use of Our Website Services or a user account at any time and for any reason.

For certain Website Services, you may be requested to provide certain Information, as defined in Our Privacy Policy. You acknowledge and agree that you may be denied access to or use of the Website Services if you refuse to provide the requested Information. You agree to maintain accurate, complete, and up-to-date Information in your user account with Paul Associates, Inc. You hereby acknowledge and agree that your failure to maintain accurate, complete, and up-to-date user account Information, including having an invalid or expired payment method on file, may result in your inability to access or to use the Website Services. You are responsible for all activity that occurs in your user account, and you agree to maintain the security and secrecy of your UserID and password at all times. Unless otherwise permitted by Paul Associates, Inc. in writing, you may only register and possess one (1) user account.

You may not allow third parties to access or use your user account, your UserID or password. You may not assign or transfer your user account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Website or Website Services. You may only access the Website Services in accordance with the law and the purpose for which the Website Services were designed. 

By accessing or using Our Website Services, you represent, warrant and agree that the Information provided is accurate, that your use and disclosure of Information is authorized by the owner(s) or that you are the owner of the Information and the such use and disclosure does not violate any applicable law, rule or regulation or the rights of any third party and will not cause injury to anyone. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PAUL ASSOCIATES, INC. AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, PROCEEDINGS, COSTS, INJURIES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RESULTING FROM (i) YOUR USE OF THE WEBSITE SERVICES, (ii) YOUR USE OR DISCLOSURE OF INFORMATION, OR (iii) YOUR BREACH OR VIOLATION OF THE TERMS OF SERVICE OR THIS PRIVACY POLICY. PAUL ASSOCIATES, INC. HAS AND ASSUMES NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR ANY INFORMATION DISCLOSED BY ANY PERSON OR ENTITY OUTSIDE PAUL ASSOCIATES, INC. OR THAT IS NOT AUTHORIZED BY PAUL ASSOCIATES, INC.

PRIVACY POLICY

Paul Associates, Inc. collects and uses Information, as defined in Our Privacy Policy, provided by you as a result of your access or use of the Website Services. You acknowledge and agree that your use of the Website Services constitute your acceptance of these TOS and of Our Privacy Policy.

THIRD PARTY SERVICES

Our Website Services may allow you to access or connect to third party services through links to third party websites that Paul Associates, Inc. does not control for services that Paul Associates, Inc. may not provide. These links are provided merely as a convenience to you. You acknowledge that different terms of use or service and privacy practices may apply to your access to or use of third party websites, services or content and in no event shall Paul Associates, Inc. be responsible or liable for any websites, services or content of such third parties. You agree to conduct all communication and dealings with third party service providers between you and such third party. Paul Associates, Inc. expressly disclaims any responsibility for the content, materials, accuracy, and/or quality of the information or services provided by third party websites. 

CHANGES

These TOS is effective as of the Effective Date stated above. Paul Associates, Inc. may modify these TOS at any time and without prior notice to you. By continuing to access or use the Website Services, you acknowledge and consent to Our updates and to the TOS in effect at the time of your access or use.  

APPLICABLE LAW AND LIMITATIONS

These TOS and Privacy Policy are governed by and construed in accordance with the laws of the State of Maryland, excluding its conflicts of law principles. You agree to the subject matter jurisdiction and personal jurisdiction of the courts of the State of Maryland for any and all issues, claims or causes of action arising from or related to the TOS and Privacy Policy [hyperlink]. The sole and exclusive venue shall be Montgomery County, Maryland. By using the Website and the Website Services, you agree that any cause of action arising out of or related to these TOS and/or Our Privacy Policy [hyperlink] must commence within one (1) year after the cause of action accrues. You agree that the prevailing party in any action arising from or related to this TOS and the Privacy Policy is entitled to attorney’s fees. 

DISCLAIMER AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE PAUL ASSOCIATES, INC. WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF AND ACCESS TO THE PAUL ASSOCIATES, INC. WEBSITE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. PAUL ASSOCIATES, INC. DISCLAIMS ANY AND ALL REPRESENTATIONS, GUARANTIES, AND WARRANTIES, ORAL, WRITTEN, EXPRESS OR IMPLIED, AND WHETHER THEY ARISE BY LAW, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, THAT ARE NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE OR THE PRIVACY POLICY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PAUL ASSOCIATES, INC. MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, SECURITY, CONTINUITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE SERVICES, OR THAT THE WEBSITE SERVICES WILL BE UNINTERRUPTED, VIRUS- OR ERROR-FREE, THAT THE WEBSITE SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS WILL BE CORRECTED. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAUL ASSOCIATES, INC. CANNOT AND DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAUL ASSOCIATES, INC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE SERVICES, REGARDLESS OF THE NEGLIGENCE OF PAUL ASSOCIATES, INC. 

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT ARISE OUT OF OR RESULT FROM: (i) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE SERVICES, OR (ii) ANY INFORMATION OBTAINED ON OR THROUGH OUR WEBSITE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE SERVICES; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE SERVICES AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE SERVICES; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR OR FOR ANY REASON WHATSOEVER, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE SERVICES OR ONE HUNDRED DOLLARS ($100.00).

INDEMNITY

By accessing or using the Website Services, you agree to indemnify and hold harmless Paul Associates, Inc. and its affiliates and all of their respective officers, directors, employees, attorneys, agents, successors and assigns from and against any and all claims, demands, proceedings, costs, injuries, losses, liabilities, and expenses (including attorneys' fees) arising out of or resulting from: (i) your use of the Website Services or (ii) your breach or violation of any of these TOS or the Privacy Policy.  

MISCELLANEOUS

If any provision of these Terms of Service or the Privacy Policy is held to be void, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these TOS or the Privacy Policy shall not be affected and each remaining provision shall be valid and enforceable. The failure of Paul Associates, Inc. to exercise a right or to require the performance of an obligation under these TOS or the Privacy Policy shall not operate as a waiver of such right or requirement nor shall a failure act as a waiver of any subsequent breach. Headings used are for the convenience and ease of reading only. No joint venture, partnership, employment, or agency relationship exists between Paul Associates, Inc. and you as a result of this TOS or the Privacy Policy or your access or use of the Website Services. This TOS, and the Privacy Policy [hyperlink], represents the entire agreement between you and Paul Associates, Inc. with respect to the use of the Website Services, and it supersedes all prior or contemporaneous communications, negotiations or proposals, whether electronic, oral or written between you and Paul Associates, Inc., with respect to the Website Services as defined above.