Total Association Terms of Service

These Terms of Service (“Terms”) govern your use of all websites and mobile applications (the “Sites”) provided by Total Association LLC (“Total Association”) for the purpose of delivering information and specific functionalities to you (the “Total Association Services”) or facilitating services provided by property managers, property owners, or other third-party service providers (the “Providers”) for your benefit (the “Provider Services”).

 

PLEASE READ THESE TERMS AND OUR PRIVACY POLICY (TOGETHER, THIS “AGREEMENT”) CAREFULLY. THIS AGREEMENT ESTABLISHES A LEGALLY BINDING CONTRACT BETWEEN YOU AND TOTAL ASSOCIATION. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE, TOTAL ASSOCIATION SERVICES, OR PROVIDER SERVICES. BY ACCESSING, DOWNLOADING, OR USING THE SITE, YOU (1) AGREE TO BE BOUND BY THIS AGREEMENT, (2) CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD, (3) CONFIRM THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND (4) ACCEPT THE TERMS OF THIS AGREEMENT. PLEASE BE ADVISED THAT THIS AGREEMENT INCLUDES PROVISIONS, INCLUDING A DISPUTE RESOLUTION AGREEMENT (SEE SECTION 25 BELOW, TITLED “DISPUTE RESOLUTION AGREEMENT—ARBITRATION AND CLASS ACTION WAIVER”), THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN YOU AND TOTAL ASSOCIATION, REQUIRING BINDING ARBITRATION AND WAIVING CLASS ACTION RIGHTS, WITH LIMITED EXCEPTIONS.

 

Portions of the Site serve as a platform for Providers to offer the Provider Services. Total Association neither owns nor manages the properties listed on the Site, nor does it engage in rental contracts for those properties. For clarity, Total Association is not a party to any transaction between you and any Providers, even if such transactions occur through the Site.

 

LIMITATION OF LIABILITY

 

AS A RESULT, TOTAL ASSOCIATION SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INFORMATION EXCHANGED, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BETWEEN YOU AND ANY PROVIDERS CONDUCTED THROUGH THE SITE. YOU HEREBY RELEASE TOTAL ASSOCIATION FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) ARISING OUT OF OR CONNECTED WITH ANY PROVIDER SERVICES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED.

 

1. MODIFICATION OF THIS AGREEMENT

 

Total Association reserves the right to change, modify, add, or remove portions of this Agreement (each, an “Update”) at any time and at our sole discretion without prior notice. Any Update will be effective immediately. If we make any Updates to this Agreement, we will post the new terms here and indicate the date of the last update. We encourage you to regularly review this Agreement to stay informed about the latest terms and conditions associated with the use of the Site and any Total Association Services. If you disagree with an Update, you must cease using the Site and any Total Association Services.

 

2. INTELLECTUAL PROPERTY

 

The Sites and all Total Association Services are the property of Total Association and are protected by United States and international copyright, trademark, trade secret, and other laws (“Intellectual Property”). No part of the Intellectual Property may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Total Association or the respective intellectual property owner. Any non-permitted use of the Sites or Total Association Services, including commercial use, modification, distribution, republication, display, or performance, without prior written permission from Total Association, is strictly prohibited.

 

3. GUIDELINES; USAGE RULES; PROHIBITED CONDUCT AND USES

 

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN THE PROHIBITED CONDUCT AND USES LISTED BELOW (THE “GUIDELINES”). YOU WILL NOT:

 

1. Use the Sites or any information within the Site to stalk, harass, abuse, defame, threaten, or defraud other users, or collect, attempt to collect, or store location or personal information about other users.
2. Use the Sites if you are under the age of eighteen (18) years old.
3. Use the Sites for any illegal purpose, or in violation of any local, state, national, or international law, including laws governing intellectual property and other proprietary rights, data security and privacy, and import or export control.
4. Make unsolicited offers, advertisements, proposals, or send junk mail to other users of the Sites.
5. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of any other users.
6. Misrepresent the source, identity, or content of information transmitted via the Sites.
7. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Sites.
8. Intentionally interfere with or damage the operation of the Sites or any user’s enjoyment of them.
9. Post, store, send, transmit, or disseminate any information or material that could be deemed objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially, religiously, or ethnically offensive.
10. Post, store, send, transmit, or disseminate any information or material that infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
11. Attempt to gain unauthorized access to the Sites or interfere with their proper working.
12. Hack, spam, or phish Total Association or any users of the Sites.
13. Hold Total Association responsible for your use of the Sites.

 

Please report any inappropriate behavior within the Sites. If you discover a violation of this Agreement, inform us by sending an email to ticketsupport@TotalAssociation.com. Total Association reserves the right, at its sole discretion, to deny access to the Sites without notice.

 

4. Usage; Content; Refusal or Suspension of Service

 

Total Association reserves the right, but is under no obligation, to actively monitor your use of the Sites. Consequently, Total Association also reserves the right to disable your use of or access to the Sites. You bear sole responsibility for your interactions with other users of the Sites, and you agree that Total Association is not liable for any loss or damage incurred as a result of such interactions.

 

Total Association has no responsibility or duty to review, approve, or pre-screen any content posted on the Sites by any third party, including property managers, owners, residents, and other Providers, and Total Association is not responsible for such content. You understand that all property listings, lease agreements, rental terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials, or documents posted on the Sites or transmitted through or in connection with the Provider Services, users, advertisers, or others (the “Non-Total Association Content”) are the sole responsibility of the applicable third party from whom such Non-Total Association Content originated.

 

TOTAL ASSOCIATION DISCLAIMS ANY AND ALL LIABILITY RELATING TO THE NON-TOTAL ASSOCIATION CONTENT. TOTAL ASSOCIATION DOES NOT GUARANTEE, AND YOU MAY NOT HOLD TOTAL ASSOCIATION RESPONSIBLE FOR, THE NON-TOTAL ASSOCIATION CONTENT (INCLUDING THE ACCURACY OR TRUTH OF SUCH NON-TOTAL ASSOCIATION CONTENT), OR THE NATURE, SAFETY, QUALITY, CONDITION, MANAGEMENT OF ANY RENTAL UNITS OR PROPERTIES ON THE SITES, OR THE COMPLIANCE WITH ANY LAWS, REGULATIONS, OR RULES THAT MAY BE APPLICABLE TO SUCH PROPERTIES.

 

You agree that you bear sole responsibility for evaluating, and are solely responsible for all risks associated with, the use of any Non-Total Association Content, and that under no circumstances will Total Association be liable for any Non-Total Association Content or for any damage or loss of any kind incurred as a result of your use of any Non-Total Association Content.

 

Total Association reserves the right, but has no obligation, to delete or refuse to post any Non-Total Association Content for any reason. You acknowledge and agree that Total Association provides only those Total Association Services as described in these Terms or as otherwise expressly provided on the Sites by Total Association.

 

Total Association does not provide, and has no responsibility or liability for, any other content or Provider Services, including but not limited to the following:

 

1. Any services provided by any Provider or otherwise not expressly provided by Total Association;
2. Electronic payment services, renters’ insurance, call center functionality, and other functionality or offerings provided by Providers;
3. Legal, brokerage, or other related professional services or advice;
4. Inspection, screening, or pre-approval of rental properties;
5. Verification, screening, or pre-approval of property listings; or
6. Evaluation, screening, or pre-approval of property managers or other advertisers who post listings or other content on the Sites.

 

In the event that you desire, require, or need assistance with any such services or any other services not provided through the Sites, you are solely responsible for obtaining such services from a qualified third party.

 

5. Additional Requirements

 

Certain aspects of the Total Association Services may be subject to additional requirements, guidelines, technical and non-technical specifications, or other rules, policies, or terms of use or service established by Total Association in addition to those set forth in these Terms (the “Total Association Requirements”). Any such Total Association Requirements will be posted in appropriate locations on the Sites and are incorporated into this Agreement by reference. In case of a conflict between the Total Association Requirements and these Terms, the Total Association Requirements shall take precedence. Providers may also impose their own additional requirements in connection with Provider Services facilitated through the Site, including those related to rent. Such requirements are solely imposed by the Providers, are the responsibility of the Providers, are unrelated to any Total Association Requirements, and Total Association assumes no responsibility or liability for such requirements imposed by Providers.

 

6. Account Registration and Use

 

If you agree to the Terms through an invitation by the Association Management or register to create a password-protected account, self-register, or submit information as part of an applicant (“Your Account”), you may access and use certain features of the Site, Total Association, or Provider Services, including the ability to manage your account and property, postings messages, text, voice commands, images, photos, files, video, and other information or materials (collectively, “Information and Material”). Under limited circumstances, your Property Manager and their authorized agents may access your Account with your permission to assist you with specific Account activities. If you have questions or observe unauthorized Account changes, please contact Total Association promptly.

 

7. Your Account

 

You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. Total Association may delete your Account and deny use of the Sites if discrepancies in submitted information are identified. You are responsible for maintaining password confidentiality and notifying Total Association of any unauthorized use or security breaches. You must ensure you log out at the end of each session and only permit your Property Manager to access the Provider Services section of your Account provided by Total Association. Sharing your password or attempting to access other users’ accounts without legal authorization is strictly prohibited.

 

TOTAL ASSOCIATION IS NOT LIABLE FOR LOSSES OR DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

8. Privacy Policy

 

Total Association has adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use information. By using the Total Association Services, you consent to the collection, use, sharing, and transfer of your personally identifiable information as outlined at [Privacy Policy](https://www.Total-Association.com/privacy-policy/).

 

9. Third-Party Communications

 

While Total Association provides a platform for facilitating mass communication with various Owners, Residents, and other entities ("Third-Party Communications"), Total Association is not involved in these communications and is not responsible or liable for the content. The content of Third-Party Communications is determined solely by the relevant third parties. You agree to address any issues or concerns about Third-Party Communications directly with the responsible third party.

 

10. Renters/Owners Screening

 

As part of the Total Association Services, Users may submit information for background checks or screenings on behalf of a Property Manager or owner ("Screening"). Your submission of information for a Screening constitutes consent to the process and is subject to the Privacy Policy. Screenings may also be governed by other Total Association Requirements disclosed to you. Total Association shall not become involved in Screening-related issues except where the issue is solely due to a malfunction or error on the Sites or in connection with the Total Association Services.

 

11. Payments

 

Payments submitted through the Sites, including Maintenance deposits, Purchase payments, application fees, or any other services, are for third-party services and not for Total Association Services, unless expressly provided otherwise. Total Association is not responsible for payment-related issues, except for malfunctions or errors on the Sites or in connection with the Total Association Services.

 

12. Payments-Related Communications

 

Total Association may send payments-related communications, including billing notices, to you via your email or phone as a communication mechanism. By accessing the Sites or Total Association Services, you acknowledge and agree that Total Association may send such communications at any time and consent to the process.

 

13. Rental and purchase Applications transactions

 

Rental and purchase applications entered into through the Sites are for services provided by a third party, not Total Association. Total Association is not involved in these transactions and is not a party to any agreements. Issues or concerns with such agreements should be addressed exclusively with the third party, unless a site malfunction or error occurs.

 

14. Abiding by Local and Federal Law

 

While Total Association strives to assist managers and system users in complying with local laws, it is essential to note that Total Association does not serve as a substitute for the association manager and lawyer in ensuring full legal compliance. By utilizing the Total Association software, you explicitly agree that maintaining legal compliance is the exclusive responsibility of the association's management and legal representatives. Total Association assumes no responsibility for the adherence to laws, placing the onus entirely on the association's management and legal counsel.

 

15. INTERACTIVE AREAS

 

Total Association may offer sections on the Sites designed for user interaction, including bulletin boards, chat areas, forums, blogs, instant messaging, frequently asked questions, or other features facilitating message and communication exchanges (collectively referred to as the "Interactive Areas") for the posting of user feedback, comments, messages, or other input ("Comments"). It is important to note that all Interactive Areas are public, not private, and any Comments you post may be read by others. Total Association is not obligated to monitor or protect such Comments. It is strongly advised that you refrain from posting confidential, sensitive, or personally identifiable information in the Interactive Areas.

 

Moreover, you agree to post only Comments that are appropriate, lawful, and relevant to the specific discussion or the Interactive Area itself. Prohibited activities on the Site include, but are not limited to, posting Comments or engaging in any other activity that:

 

1. Defames, threatens, abuses, or otherwise violates the legal rights of others;
2. Is harmful to children, profane, obscene, indecent, or racially or ethnically offensive;
3. Infringes on others' rights to intellectual property, publicity, or privacy;
4. Collects or stores personal information about other Site users;
5. Contains advertisements, promotions, commercial solicitations, contests, or surveys (unless you have written consent from Total Association);
6. Contains, transmits, or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
7. Contains, transmits, or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Sites, or any software, hardware, or other related equipment;
8. Disrupts or otherwise interferes with the Sites or the networks or servers used by Total Association;
9. Impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
10. Constitutes illegal activity.

 

You acknowledge and understand that, subject to the licenses set forth below, Total Association may display your Comments on the Sites and use them for other marketing and business activities. Additionally, Total Association reserves the right (but is not obligated) in its sole discretion to reject the use of Comments, delete Comments from the Sites for any reason, and edit Comments for both content and format. Total Association further reserves the right to terminate your access to the Sites or any Interactive Area at any time without notice for any reason whatsoever. Total Association does not endorse or control the Comments or information found in any Interactive Area and, therefore, specifically disclaims any liability associated with the Interactive Areas and any actions resulting from your participation in them.

 

 

16. THIRD-PARTY SITES, PRODUCTS, AND SERVICES; LINKS

 

The Sites may contain links to third-party websites or services ("Third-Party Services") solely for user convenience. Total Association does not endorse, and expressly disclaims any representations or warranties related to, any such Third-Party Services or the information, material, products, or services accessible through them. Your access and use of Third-Party Services, including any information, material, products, and services available through them, are entirely at your own risk. Additionally, you agree to comply with the governing terms applicable to such Third-Party Services.

 

17. USER RESTRICTIONS

 

You may not: (i) modify, disassemble, decompile, or reverse engineer the Sites; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Sites to any third party or use the Sites to provide time-sharing or similar services for any third party; (iii) make any copies of the Sites; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Sites, features that prevent or restrict the use or copying of any content accessible through the Sites, or features that enforce limitations on the use of the Sites; or (v) delete the copyright and other proprietary rights notices on the Sites.

 

18. VIOLATIONS; TERMINATION

 

You agree that Total Association may terminate your use of the Sites or any portion thereof at any time without notice, especially if you violate the terms of this Agreement. Total Association will not be liable to you or any third party for any such termination. Total Association does not permit copyright infringing activities on the Sites and reserves the right to terminate access to the Sites and remove all content submitted by persons found to be infringers. Suspected fraudulent, abusive, or illegal activity may be grounds for termination of your use of the Sites and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Total Association may have at law or in equity.

 

19. DISCLAIMERS; NO WARRANTIES

 

THE SITES ARE MADE AVAILABLE "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOTAL ASSOCIATION, AND ITS SUPPLIERS, LICENSORS, AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TOTAL ASSOCIATION AND ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

20. INDEMNIFICATION; HOLD HARMLESS

 

You agree to indemnify, defend, and hold Total Association (and its affiliated companies, contractors, employees, directors, officers, agents, suppliers, licensors, and partners) harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Sites; (ii) any violation of the rights of any other person or entity by you; or (iii) any breach or violation by you of this Agreement. Total Association reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

 

21. LIMITATION OF LIABILITY AND DAMAGES

 

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TOTAL ASSOCIATION (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF TOTAL ASSOCIATION OR A TOTAL ASSOCIATION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TOTAL ASSOCIATION (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS) BE LIABLE TO YOU IN THE AGGREGATE FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE) IN EXCESS OF FIFTY U.S. DOLLARS ($50). YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 21 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT TOTAL ASSOCIATION’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.

 

22. BENEFIT OF THE BARGAIN

 

YOU ACKNOWLEDGE AND AGREE THAT TOTAL ASSOCIATION HAS PROVIDED THE SITES AND TOTAL ASSOCIATION SERVICES WITH RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE. FURTHERMORE, YOU RECOGNIZE AND AGREE THAT THESE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY OUTLINED IN THIS AGREEMENT REPRESENT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TOTAL ASSOCIATION. THEY FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND TOTAL ASSOCIATION. TOTAL ASSOCIATION WOULD BE UNABLE TO OFFER THE SITES OR TOTAL ASSOCIATION SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

 

23. MISCELLANEOUS

 

1. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the Florida, without giving effect to any principles of conflicts of law.

 

1. Jurisdiction.

Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed only in the state or federal courts in and for Broward County, Florida and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall prevent Total Association from seeking injunctive relief in a court of competent jurisdiction.

 

1. Severability, Waiver.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

 

1. Notices.

Total Association may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Site.

 

1. Assignment. This Agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you. Total Association may at any time, for any reason and without restriction, transfer or assign this Agreement and the obligations contained in this Agreement to a third party. You hereby acknowledge and agree that if another company acquires Total Association or substantially all of our assets (by sale, merger, or otherwise), that transaction may include a sale or transfer of your Personal Information as defined by our Privacy Policy and you agree to such transfer without further action or confirmation.

 

1. Survival.

 

Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to the Sites.

 

1. Headings; Entire Agreement.

The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This Agreement is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and Total Association, or by a change to this Agreement or the Guidelines.

 

1. Claims.

YOU AND TOTAL ASSOCIATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

24. NOTICE

 

Unless otherwise specified herein, any notice sent by you to Total Association under this Agreement must be sent to the following address:

 

Total Association

1787 NW 38th AV.

Fort Lauderdale, FL 33311

Attn: Legal.

 

25. DISPUTE RESOLUTION AGREEMENT—ARBITRATION AND CLASS ACTION WAIVER

 

In consideration for the mutual promises to arbitrate Claims (defined below), for your access to and use of the Sites and Total Association Services provided by Total Association, and for other valuable consideration, you agree to the specific provisions set forth in this section (the “Dispute Resolution Agreement”). In doing so, you acknowledge that this is a legally binding agreement between you and Total Association, as defined below:

 

1. As the term is used in this Dispute Resolution Agreement, “Total Association” refers to Total Association LLC and its parents, subsidiaries, affiliates, employees, agents, officers, directors, shareholders, predecessors, successors and assigns.

 

1. As the term is used in this Dispute Resolution Agreement, “Claim(s)” refer to all claims and controversies, whether based on past, present, or future events, between you and Total Association arising out of, or pertaining in any way to the Services (including, without limitation, your access to and use of the Services). The Claims include, without limitation: i.Those that, in the absence of this Dispute Resolution Agreement, would have been heard in a court of competent jurisdiction under applicable state or federal law; ii.Claims under any legal or equitable theory of liability, including claims for breach of any contract or covenant, whether express or implied, common law claims, tort claims, statutory claims, defamation claims, and state and federal statutory claims under any provision of law regulating the Internet and access to and use of smart device technology; and iii.Disputes relating to the formation, interpretation, applicability, scope or enforceability of these Services Portal Terms.

 

1. AGREEMENT TO ARBITRATE CLAIMS: YOU AND TOTAL ASSOCIATION AGREE THAT ANY AND ALL CLAIMS SHALL BE RESOLVED EXCLUSIVELY IN BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. YOU AND TOTAL ASSOCIATION FURTHER AGREE THAT ANY SUCH CLAIMS RELATING TO THE FORMATION, INTERPRETATION, APPLICABILITY, SCOPE, OR ENFORCEABILITY OF THIS AGREEMENT SHALL BE DECIDED BY THE ARBITRATOR, NOT A COURT. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY CLAIM RELATING TO THE FORMATION, INTERPRETATION, APPLICABILITY, SCOPE, OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING CLAIMS THAT THIS AGREEMENT IS VOID OR VOIDABLE.

 

1. CLASS ACTION WAIVER: YOU AND TOTAL ASSOCIATION EXPRESSLY AGREE THAT ALL ARBITRATIONS PURSUANT TO THIS AGREEMENT WILL BE LIMITED TO INDIVIDUAL, NOT REPRESENTATIVE CLAIMS. YOU AND TOTAL ASSOCIATION EXPRESSLY WAIVE ANY ABILITY TO BRING A CLASS OR REPRESENTATIVE ACTION PERTAINING TO A CLAIM IN ARBITRATION OR TO SEEK RELIEF ON BEHALF OF A CLASS IN ARBITRATION. YOU AND TOTAL ASSOCIATION ALSO EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS OR REPRESENTATIVE ACTION IN COURT OR TO PARTICIPATE OR OBTAIN BENEFITS IN A CLASS OR REPRESENTATIVE ACTION SOMEONE ELSE BRINGS IN COURT. You and Total Association acknowledge that this class action waiver is integral to this Dispute Resolution Agreement. If a court or arbitrator determines that this class action waiver is invalid or unenforceable, you and Total Association agree that the Dispute Resolution Agreement will not apply, and any Claim shall be resolved in court. That is, you and Total Association agree that this class action waiver cannot be severed from this Dispute Resolution Agreement. Both parties’ express intention is not to proceed with any Claim by way of class arbitration.

 

1. JURY AND COURT WAIVER: BY AGREEING TO ARBITRATION, YOU AND BUILDUM ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS.

 

1. Applicable Law: You and Total Association agree that, notwithstanding any other choice of law provision, this Dispute Resolution Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.

 

1. OPT-OUT: IF YOU DO NOT WANT THIS DISPUTE RESOLUTION AGREEMENT TO APPLY, YOU MAY OPT-OUT OF IT BY SENDING TO TOTAL ASSOCIATION, ATTN: CHIEF LEGAL OFFICER, AN OPT-OUT NOTICE E-MAIL TITLED “TOTAL ASSOCIATION TENANT SERVICES – ARBITRATION OPT-OUT” TO ARBITRATIONOPTOUT@REALPAGE.COM WITHIN FOURTEEN (14) DAYS AFTER YOUR FIRST USE OF THE SITES AND/OR TOTAL ASSOCIATION SERVICES. THIS E-MAIL OPT-OUT NOTICE MUST INCLUDE: (A) YOUR NAME AND ADDRESS; (B) THE NAME OF THE PROPERTY AT ISSUE; (C) THE DATE YOU FIRST USED THE SITES AND/OR TOTAL ASSOCIATION SERVICES; AND (D) A STATEMENT THAT YOU ARE OPTING OUT OF THE DISPUTE RESOLUTION AGREEMENT.

 

1. Procedure for Initiating Arbitration: You and Total Association agree that JAMS shall conduct any arbitration initiated pursuant to this Dispute Resolution Agreement. To initiate arbitration, you may contact JAMS at 1-800-352-JAMS or www.jamsadr.com. A demand for arbitration form can also be found at https://www.jamsadr.com/submit. If you file an arbitration claim against Total Association, you are responsible for paying $250 of JAMS’ fees. Total Association agrees to pay the remainder of JAMS’ fees, if any, on your behalf. Arbitration shall be held in the state where the property at issue is located.

 

1. Small Claims: Notwithstanding the provisions above, this Dispute Resolution Agreement does not preclude you or Total Association from seeking remedies in any applicable small claims court, provided the remedies sought are within the scope of the applicable small claims court’s jurisdiction.

 

1. Arbitration Rules: You and Total Association agree that the arbitration will be administered pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, as well as the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, in effect at the time of the arbitration. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all proper claims of privilege recognized by law. The arbitrator will not have the power to award damages or relief not authorized by law.

 

1. Offers of Judgment: Offers of judgment (arbitration award) in a manner consistent with, and within the time limitations, consequences, and effects provided in Rule 68 of the Federal Rules of Civil Procedure shall be allowed in the arbitration.

 

Terms in Rule 68 are substituted as follows to conform to arbitration: (1) “arbitration award” replaces “judgment”; (2) “arbitration hearing” replaces “trial”; (3) “arbitrator” replaces “clerk”; and (4) “Costs” include arbitration and court reporter fees, witness fees, and copying and printing costs.