Terms of Service & Use

BPOA & BRHC

Effective Date: July 1, 2021

The following governs your access of the website (URL: www.bpoa.org) and use of all forms provided by the Berkeley Property Owners Association (the “Association”). By accessing or using the Association’s website (the “Site”), you expressly agree and consent to the following terms and conditions. If you do not accept the following terms and conditions, then do not use this Site. These terms and conditions are a legally binding agreement between you and the Association.

  1. WHO DOES THIS APPLY TO?

The Terms of Use is applicable to any person or user (a “User”) who accesses this Site and/or any of the content contained within the Site, including all themes, ideas, news updates or available forms provided (“Site Content”). The definition of a “User” is an end user who either creates a registration on our Site, downloads or prints any forms, content, materials, or documents, or makes use of any of the Site’s services or Site Content. A User also includes anyone who uses or accesses any Site Content and/or services without registering on our Site. These Terms of Use apply to the entirety of the Site and all Site Content and/or services made available through the Site at any time, including those not available as of the “Effective Date” above. Use of the forms on the Site are subject to the User being a member of the Association in good standing, which the Association may determine it is sole discretion.

  1. WHAT IS YOUR OBLIGATION AS A USER?

You represent that you are at least 18 years of age and are not prohibited from receiving services under the laws of the applicable jurisdiction. You agree to provide accurate and complete information on the Site’s registration form. You acknowledge that the Association owns your account and that you have no ownership rights to your account. You agree to abide by the following rules:

  • You agree not to disseminate your username or password to anyone, and that you are responsible for maintaining the confidentiality of your username and password to protect your personal information. Whether you authorize it or not, you are responsible for any and all uses of your registration.
  • You agree to notify the Association immediately of any unauthorized use of your registration and password.
  • You agree not to present the Association Site Content (or permit Site Content to be presented) in such a way that it appears to be available from a third-party Web site.
  • You agree to not breach or attempt to breach the security measures incorporated in the Site or access data not intended for your use.
  • You agree to not log into a server or account which you are not authorized to use.
  • You agree to not use the Site for any unlawful purpose or in any manner that would violate international, Federal, or local laws or regulations.
  • You agree not to interfere with the service to any User, host or network.
  • You agree not to modify, reverse engineer, decompile, translate, or disassemble any portion of the Site.
  • You agree to access the Site only through the interfaces provided by the Site or by navigating to https://BPOA.org/ or https://web.BPOA.org/portal/portallogin.aspx using a web browser.
  • You agree to not use software, devices, script robots, other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in or on the Site.
  • You agree to not use or copy information, Site Content, or any data you view on and/or obtain from the Site to provide any service whether that service is or is not competitive with the Site or the Association.
  • You agree to report inappropriate postings or conduct to the Association.
  • You agree to not (i) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Site Content retrieved therefrom without the Association‘s express written permission; (ii) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism. To the extent you use or obtain contract, application, agreement or other Site Content from the Association, its licensors, or the Site, all such information is intended by the Association for personal use by individual consumers only.
  1. PENALTIES FOR IMPROPER USE.

Your violation of any of these Rules may result in civil or criminal liability. the Association will investigate occurrences relating to such violations and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such violations. If the Association determines you misled the Association or violated these rules or the Terms of Use, we reserve the right to terminate this Agreement and your use of the Site. the Association is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and all applicable laws.

  1. LICENSE OF SITE CONTENT.

The Association grants you a non-exclusive, non-transferable, revocable license solely to:

  • access and use the Site strictly in accordance with this Terms of Use & Refund Policy;
  • use the Site solely for personal uses;
  • print information from the Site solely for personal purposes maintaining all copyright and other policies contained therein.
  1. THE ASSOCIATION DOES NOT PROVIDE LEGAL ADVICE.

The Association is not a law firm. By using this Site, you acknowledge and agree that the Association and its affiliates are not providing legal advice or acting as your attorney, and you assume full responsibility for any consequences and costs associated with your use of this Site and as it relates to your legal matters. No attorney-client relationship or privilege is created with the Association. The Association strives to keep its legal documents accurate, current, and up to date. However, because the law changes rapidly, the Association cannot guarantee that all the information on the Site or downloadable documentation is completely current. The law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind the Association provides can fit every circumstance. Furthermore, the legal information contained on the Site or downloadable documentation is not legal advice and is not guaranteed to be correct, complete, or up to date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. If, prior to your purchase, you believe that the Association, is giving you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you will not proceed with this purchase, and any purchase that you do make will be null and void. Association is not a party to any agreement that you enter as a result of the use of any Document that you create, use or download from the Site. Use of the Site and any Document does not constitute an attorney-client relationship, joint venture or partnership between the Association and any User or third party.

  1. THIRD PARTIES.

Third parties may offer or provide materials through the pages on our Site. You also may obtain access to other sites on the Internet through the pages on our Site. By providing this service, the Association is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages. Your dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that third party. You agree that the Association shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties’ links and/or ads on the Site and the Association expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof. We and/or third parties may make available through the Site message boards, chat functionality and comment features to which you are able to post information and materials (each, a “Forum”). PLEASE BE AWARE THAT SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY AS WELL AS THIS AGREEMENT.

  1. REPRESENTATIONS AND WARRANTIES.

The Association makes no representations or warranties with regard to the Site Content (including, without limitation, third party material) or communications from Customer Service representatives, all of which are provided on an “as is” and/or “as available” basis. the Association hereby disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. the Association makes no representations or warranties that the services provided by the Site or any customer service representatives will be uninterrupted or error-free, that defects will be corrected or that the pages or the server that makes them available are free from viruses, worms or other harmful components. If your use of the Site results directly or indirectly in the need for servicing or replacing equipment or data, the Association is not responsible for such costs. the Association also makes no representations or warranties as to whether the information accessible via these pages or customer service representatives, including information posted by Users or third parties, is accurate, complete, current, reliable, or truthful. the Association assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization settings. Nothing on the Site shall be considered an endorsement, representation, or warranty with respect to any User or third party, any web site, product, service, experience, recruiting, hiring or otherwise. No advice or information obtained by any User from the Association or its personnel shall create any warranty not expressly provided for in this Agreement. You agree that any reliance on materials/information posted by Users or on any other form of communication with Users will be at your own risk. The Association acts as, among other things, a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User posted material or information, although it reserves the right to do so. The Association makes no representations or guarantees regarding the effectiveness or timeliness of the Site Content in meeting objectives of Users. The Association does not guarantee that Documents created, checked or reviewed using the Site, Documents written by the Association or materials posted by Users will result in an agreement, contract or successful application, for whatever reason made, made by any User or third party. You hereby represent and warrant that you (i) are using the Site Content solely for your own personal use and not for any business or research purpose; (ii) are not a human resource specialist, researcher, hiring manager or other similar employee of a business or organization that is accessing employment hiring or firing Site Content for use in your job duties or for the benefit of your employer or organization; (iii) will not use the Site Content for commercial purposes and will not aggregate, redistribute or otherwise transmit the Site Content to any other individual or entity; and (iv) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by this Terms of Use Agreement or by applicable law.

  1. LIABILITY DISCLAIMER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ASSOCIATION AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND SITE CONTENT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY THE ASSOCIATION, AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER INTANGIBLE LOSSES (EVEN IF THE ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR THE SITE CONTENT. THE ASSOCIATION RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT THE ASSOCIATION SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE ASSOCIATION’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE. IN NO EVENT SHALL THE ASSOCIATION (ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $50.00 OR FIVE TIMES THE AMOUNT OF YOUR MOST RECENT MONTHLY PAYMENT (IN THE EVENT YOU ARE A PAYING SUBSCRIBER), WHICHEVER IS LESS. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ASSOCIATION’S AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ASSOCIATION CANNOT AND DOES NOT CHECK EACH USER’S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE THE ASSOCIATION (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  1. PROPRIETARY RIGHTS.

The Site and all rights, title and interest in and to the Site is the sole property of the Association and/or its Affiliates or licensors and is protected by U.S. copyright and international treaties.” The Association” and the Association design logo are registered service or trademarks. All related products and service names, design marks and slogans are also the service marks or trademarks of the Association. In addition, the “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by the Association’s trademarks, service marks and copyrights.

  1. FITNESS FOR USE.

The Association makes no representation as to appropriateness or availability for use of any of its Site Content in any particular location. Those who choose to access these pages do so on their own initiative and are solely responsible for compliance with local laws.

  1. BINDING ARBITRATION.

THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. If any dispute arises, you must first contact the Association by email at bpoa@BPOA.org, so that we can endeavor to resolve the issue. In the event that we cannot resolve a dispute within sixty (60) days of notification, then all disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) as it may be amended from time to time.

  1. FREE TRIALS, IF ANY.

In the event Association membership (“Membership”) starts with a free trial, free trials are for new subscribers or members only. The Association reserves the right, in its absolute discretion, to determine your free trial eligibility. Free trials are limited to one per household and subject to all associated terms and conditions with the free trial. Any member of a household that obtains a second free trial or that does not abide by the associated terms and conditions of such free trial will not be eligible for refunds for any reason. We will begin billing for monthly Membership fees at the end of the free trial period of your membership.

  1. MONITORING.

The Association has no obligation, but reserves the right, to monitor and review your account information and history and the content and materials accessed by you or others for the purpose of determining compliance with these terms and conditions or to detect illegal activity. We reserve the right at all times to disclose any information obtained through monitoring as we deem appropriate. 

  1. GENERAL TERMS.
  • Entire Agreement. This Terms of Use & Refund Policy constitutes the full agreement between you and the Association and governs your use of the Site and Site Content, superseding any prior agreements between you and the Association with respect to the Site.
  • User Remedies. You acknowledge that, except as expressly provided elsewhere in this Terms of Use & Refund Policy, your only right with respect to any dissatisfaction with any modification or discontinuation of service made by the Association or any policies or practices in providing this Site or our products, including without limitation any change in content or any change in the amount or type of fees or charges associated with our products, is to cancel your subscription or user account, as applicable. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the the Association’ services.
  • Choice of Law and Forum. The Terms of Use & Refund Policy, and the relationship between you and the Association shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and the Association agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. You agree to defend, indemnify, and hold harmless the Association (and its officers, directors, employees and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site.
  • Waiver and Severability of Terms. The failure of the Association to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
  • Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Association reserves the right to update or amend these Terms of Use at any time without notice.
  • Term and Termination. These terms and conditions are effective until terminated. the Association, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination, including deactivation or deletion of your password and username, and all related information and files associated with it may happen without prior notice. the Association is not liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you. For purposes of service messages and notices about the services to you, notice shall consist of an email from the Association to the email address associated with your account, regardless of any other information we may have. the Association shall have no liability associated with your failure to maintain accurate contact information.
  • Customer Service. No customer service representatives retained by the Association are permitted to bind the company or contravene this Terms of Use Agreement. In addition, The Association expressly disclaims any liability for information provided by its customer service representatives to the extent the information is inconsistent with information set forth herein.
  • Section Titles. Section titles in this Terms of Use & Refund Policy are for convenience only and have no legal effect.
  • Privacy Information. Please review our complete Privacy Policy which is fully incorporated by reference into this Terms of Use Agreement. If you have questions about any of the provisions described above, please contact us at bpoa@BPOA.orgor via telephone at (510) 525-3666.
  1. MEMBERSHIP REFUNDS

The Association reserves the right to refuse or cancel your membership in its sole discretion. If we refuse your new or renewal membership for reasons other than violations of our Bylaws, you will be offered a refund. You may review our Bylaws here. All refunds are subject to our policies contained herein.

  1. MEMBER INITIATED CANCELLATIONS

The Association makes every effort to ensure satisfaction your membership investment. Refunds are provided within three (3) business following receipt of payment less a $25.00 cancellation fee for a new or renewing member, with the following conditions:

If you or any individual or entity associated with the membership has either downloaded, accessed, or viewed any available online forms, taken training online via www.BPOA.org, has accessed the National Apartment Association’s Blue Moon “Click and Lease” program or has contacted the Association for operational advice, no refund will be made.

If you or any individual or entity tied to the membership has not downloaded, / accessed, or /viewed any of our available online forms, courses, or taken training online via www.new.BPOA.org, has accessed the National Apartment Association’s Blue Moon “Click and Lease” program or has contacted us BPOA for operational advice, a refund will be made less a $25.00 administrative fee.

After three (3) business days, no refunds will be made available for new or renewal membership purchases. Requests for membership fee refunds must be emailed to bpoa@BPOA.org or sent via overnight courier to the Berkeley Property Owners Association, 2041 Bancroft Way, Suite 203, Berkeley, CA 94704, Attn. Credit and Collections. Your membership can be cancelled at any time by requesting such cancellation in an email to bpoa@BPOA.org. Any membership cancellations that take place more than three (3) business days after purchase or renewal will not be refunded, however all membership-related benefits will be cancelled.

  1. EVENT / SEMINAR REFUNDS

Once enrolled, there are no refunds on purchases of webinars, events, and seminars. If the webinar, event, or seminar is cancelled or the date is changed, a full refund will be offered.

The above policies apply to all the Association’s membership types unless otherwise described in BPOA’s membership or event materials. Please read all information thoroughly.

  1. Non-Sufficient Funds and Declined Credit Card Policy

Check or electronic check payments returned for non-sufficient funds, stop payment requests, declined credit cards or a closed account will result in:

A $35.00 Returned Check Fee (check or electronic check payment only)

Suspension or cancellation of membership at the discretion of the Association

A $15.00 membership reinstatement fee for cancelled membership once reinstated.

Saved Payment/Membership Auto-Renewal Policy and Process

The Association will only enable members to save payment information and/or establish auto-renewals for membership purchases in the following ways:

Telephone [Credit Card Only]. Staff confirms verbally that customer wants to save payment / setup auto-renewal information in our system, communicating that it is secure and no-account information is stored by the Association. An Association team member will document with an activity note in the BPOA’s information management system (tied to the customer account) that the customer requested payment information / auto-renewal over the phone, documenting the date, time and any other pertinent details.

Electronic [Credit Card and eCheck]. the Association’s Association Management System, WebLink, works with Authorize.net to provide a secure method of storing electronic check and credit card information and allowing setup of auto-renewals. No account information is stored locally by BPOA or WebLink, and members will be able to access, add, change or remove their Saved Payment Methods / Auto-renewal settings anytime via the Association’s Membership Portal.

  1. NEW MEMBER INFORMATION

New Member’s “Membership Name” may be published, and you authorize us to publish in one issue of the Association’s newsletter in the section “Welcome New Members” sometime after joining.  Upon joining the Association, the Association will provide you with and you consent to receiving news updates and other alerts via electronic mail from time to time.  You may, at your option, “opt-out” of receiving news updates and other alerts by selecting the appropriate link embedded in the Association’s electronic mail messages.