These Terms and Conditions (“Terms”) govern your access to and use of www.tpmhoa.com (the “Site”), operated by Total Property Management Inc. (“TPM,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site.
In these Terms, “Covered Parties” means TPM and its owners, officers, directors, employees, agents, and licensors, together with its service providers, contractors, and website developer, Deploy Vision. Every disclaimer, limitation, release, and protection in these Terms that applies to TPM also applies to each of the Covered Parties.
Informational Purpose Only
The Site provides general information about TPM and its HOA management services. Nothing on the Site is legal, financial, tax, or professional advice, and nothing on the Site creates a management, agency, fiduciary, or professional relationship. HOA management services, when engaged, are governed solely by a separate written management agreement between TPM and the relevant association. Information about specific communities is provided for convenience and may not be current or complete. Do not rely on the Site as the sole basis for any decision; verify important information with our office directly.
Community Documents, Fees, and Listings
Community pages may display association documents (such as CC&Rs, bylaws, rules, budgets, and meeting minutes), fee amounts and ranges, schedules, photographs, and other community information. This material is posted for convenience only. It may be outdated, incomplete, or contain errors, and it is not an official record. The official recorded governing documents of an association, and the association’s own current budgets, assessments, and decisions, control over anything shown on the Site. Fee amounts change over time and must be confirmed with our office before you rely on them, including in connection with any purchase, sale, or rental decision. The Covered Parties are not responsible for decisions made in reliance on material posted on the Site.
Eligibility
You must be at least 18 years old and able to form a binding contract to use the Site. By using the Site, you represent that you meet these requirements.
Acceptable Use
You agree not to:
- Use the Site in violation of any law or regulation.
- Attempt to gain unauthorized access to the Site, its servers, or any related systems or data, or probe, scan, or test their vulnerability.
- Interfere with or disrupt the Site, introduce malware, or place an unreasonable load on our infrastructure, including through scraping, crawling, or automated data collection without our permission.
- Copy, reproduce, or redistribute Site content except as permitted below, or use Site content to train or develop machine-learning or artificial-intelligence systems without our written permission.
- Impersonate any person, misrepresent your affiliation, or use the Site to harass, defraud, or harm us or any other person.
- Frame or mirror the Site, or use our name or marks in metadata or hidden text, without our written permission.
We may investigate violations and cooperate with law enforcement. We may suspend or block access at any time to protect the Site or its users.
Intellectual Property
The Site and its content, including text, graphics, logos, images, and layout, are owned by TPM or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view the Site for your personal or internal business use. All other rights are reserved. The TPM name and logo may not be used without our prior written permission.
Copyright Complaints
We respect intellectual property rights. If you believe material on the Site infringes a copyright you own or control, send a notice to support@tpmhoa.com that identifies the copyrighted work, the material you believe infringes it and its location on the Site, your contact information, a statement that you have a good faith belief the use is not authorized, and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act for the owner. We may remove material we reasonably believe infringes and may terminate access for repeat infringers.
Owner Portal and Third-Party Services
The Site links to third-party services, including the Rent Manager owner portal used for payments and account access, Google Maps, and external board login systems. We do not control these services, and your use of them is governed by their own terms and privacy policies. The Covered Parties are not responsible for third-party services or content, for payments made through the owner portal, or for any dispute between you and a third party. Links do not imply our endorsement.
Your Communications
If you send us information through the Site or by email, you represent that it is accurate and that you have the right to share it. Do not send us confidential or sensitive information you do not want disclosed. We may use communications you send us to respond to and improve our services, subject to our Privacy Policy. Any feedback, suggestions, or ideas you volunteer may be used by us without restriction or compensation.
Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COVERED PARTIES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NO COVERED PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY. THE TOTAL AGGREGATE LIABILITY OF THE COVERED PARTIES FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless the Covered Parties from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your violation of these Terms or any law, or your violation of the rights of a third party. We may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with our defense.
Third-Party Beneficiaries
Deploy Vision and the other Covered Parties are intended third-party beneficiaries of the sections of these Terms titled Community Documents, Fees, and Listings; Disclaimers; Limitation of Liability; Indemnification; and Governing Law and Dispute Resolution, and each may enforce those sections directly. Except as stated in this section, these Terms create no third-party rights.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Before filing any claim, you agree to first contact us and attempt in good faith to resolve the dispute informally for at least 30 days.
To the fullest extent permitted by law, you and TPM agree that any dispute arising out of or relating to the Site or these Terms, including any dispute involving a Covered Party, that is not resolved informally will be resolved by binding arbitration on an individual basis, administered under the rules of a recognized arbitration provider, rather than in court, except that either party may bring an individual claim in small-claims court. You and TPM waive any right to a jury trial and agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding. If this arbitration or class-waiver provision is found unenforceable, any remaining dispute will be brought exclusively in the state or federal courts located in Utah County, Utah, and you consent to the personal jurisdiction of those courts.
To the fullest extent permitted by law, any claim relating to the Site must be filed within one year after the claim arose; otherwise it is permanently barred.
Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including a violation of these Terms. Sections of these Terms that by their nature should survive termination (including Community Documents, Fees, and Listings; Intellectual Property; Disclaimers; Limitation of Liability; Indemnification; Third-Party Beneficiaries; and Governing Law and Dispute Resolution) survive.
Site Operated from the United States
The Site is operated from the State of Utah, United States, and is intended for use by United States residents. We make no representation that the Site is appropriate or available in other locations. If you access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Site after a change takes effect means you accept the revised Terms.
General
These Terms, together with our Privacy Policy, are the entire agreement between you and TPM regarding the Site. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. No Covered Party is liable for any delay or failure caused by events beyond its reasonable control, including natural disasters, utility or network failures, and governmental action. Section headings are for convenience only. Notices to you may be given by posting on the Site or by email.
Contact Us
Questions about these Terms can be sent to:
Total Property Management Inc.
2230 North University Parkway, 7A, Provo, UT 84604
support@tpmhoa.com
+1 (801) 375 6719