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.
- WHO DOES THIS APPLY TO?
- 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.
- PENALTIES FOR IMPROPER USE.
- LICENSE OF SITE CONTENT.
The Association grants you a non-exclusive, non-transferable, revocable license solely to:
- use the Site solely for personal uses;
- print information from the Site solely for personal purposes maintaining all copyright and other policies contained therein.
- 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.
- 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.
- REPRESENTATIONS AND WARRANTIES.
- 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.”
- 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.
- 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.
- 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.
- 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.
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.
- GENERAL TERMS.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.