Terms of Service

Introduction

Welcome to arctracker.com. This website is owned and operated by ARC Tracker. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of May 23, 2013.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Consent to Electronic Communication

By registering your email with ARC Tracker and by using this website to submit a request to your association for approval of exterior changes you wish to make to your property, you hereby agree to the use of electronic communication by the association to notify you regarding requests submitted on this site. This electronic communication can be in the form of email, text message, or posting on this site in a manner that is apparent and visible to you. If you subscribe on this site to be notified of the submission of requests by other homeowners, you also agree to accept these notices by means of electronic communication methods and any charges for receiving them.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

  7. We provide open communication tools on our website allowing homeowners to communicate with ARC members in a public forum. You understand that generally we do not pre-screen or monitor the content posted by users of these communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    3. Contains any type of unauthorized or unsolicited advertising;
    4. Impersonates any person or entity, including any arctracker.com employees or representatives.

    We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  8. We do not assume any liability for any content posted by you or any other 3rd party users of our website. Any content posted by you or other authorized users of the association account on ARC Tracker, provided that it is not prohibited under the definitions in item g above, is the property of the contracting homeowners’ Association and all rights and ownership accrue to that organization. All information provided as part of our registration process is covered by our privacy policy.

  9. You agree to indemnify and hold harmless ARC Tracker and its affiliates, and the directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. You may read our privacy policy in its entirety.

Express Warranty

ARC Tracker provides an express warranty to you that the website and its resources, services, products, and tools comply with Chapter 718 and Chapter 720 of the Florida Statutes. This warranty includes a guarantee that use of the website complies with meeting records, voting records, storage of meeting minutes, and access to meetings requirements of Chapter 718 and Chapter 720 of the Florida Statutes.

Your sole remedy under this warranty is to seek indemnification from ARC Tracker for losses, including attorney's fees and costs, incurred in a claim or dispute adjudicated on the merits with a finding that the website, its resources, services, products, and/or tools fail(s) to comply with Chapter 718 and/or Chapter 720 of the Florida Statutes. Indemnification is limited to that portion of the total losses incurred that is directly attributable to defending against the claim alleging noncompliance with Chapter 718 and/or Chapter 720 of the Florida Statutes.

ARC Tracker reserves the right to defend against that portion of an active dispute or claim alleging a violation of Chapter 718 and/or Chapter 720 of the Florida Statutes on behalf of a user, at the sole election of ARC Tracker. If such an election is made, ARC Tracker will indemnify you only for those actual damages incurred up to the date of said election.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

  1. the use of our Resources will meet your needs or requirements.
  2. the use of our Resources will be uninterrupted, timely, secure or free from errors.
  3. the information obtained by using our Resources will be accurate or reliable, and
  4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  1. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  2. no information or advice, whether expressed, implied, oral or written, obtained by you from ARC Tracker or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Specifically, you understand and agree that ARC Tracker is not responsible for:

  1. Errors of fact or omission in information entered or added to the arctracker.com site by homeowners or Homeowner association representatives or by representatives of ARC Tracker.
  2. Failure to process ARC requests in a timely manner.
  3. The disposition of ARC requests should the disposition be one that the submitting homeowner disagrees with.
  4. Delays in communication between homeowner and review committee caused by internet, bad email address, email hosting isssues, or changes in email address.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. ARC Tracker will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Submittal, review, and disposition of ARC requests represent a contractual business activity conducted between the homeowner and the Homeowner's association. ARC Tracker is not a party to the contractual arrangement represented and has no interest, monetary or otherwise, in the outcome of the contract negotiation. Users of the ARC Tracker website agree to hold ARC Tracker harmless for any claimed damages arising out of the use of the site to track the negotiations of the terms of the contract or out of the disposition of the architectural request.

Copyrights/Trademarks

All content and materials available on arctracker.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of ARC Tracker, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by ARC Tracker.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by ARC Tracker, Inc. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, ARC TRACKER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you may contact us.