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Terms of Use

ONLINE ACCOUNT MANAGEMENT AGREEMENT—TERMS OF USE (THE “AGREEMENT”)
YOU ARE REQUIRED TO READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

These Terms of Use were last updated on: April 9, 2013.

1. Who We Are and What We Provide.
ManageAmerica Integrated Billing Services LLC (together with its affiliates parents and subsidiaries, “ManageAmerica”) is a third-party vendor that provides services directly to the owners, operators and managers (collectively, “Community Owner”) of residential communities and other real estate assets.

2. Assent to Terms.
These Terms of Use detail Your responsibilities as a Community Owner or other visitor to this website (“You” or “Your”).  It also includes disclaimer of liability and other matters that are of interest to users.  Before using this website (“Site”), You are required to read and accept these terms and conditions (the “Terms of Use”). You signify Your acceptance of these Terms of Use by accessing or using this Site.  At any time, and from time to time in ManageAmerica’s sole and absolute discretion, ManageAmerica may modify the terms and conditions of access and use of this Site by posting the updated Terms of Use on this Site.  Such changes shall be effective immediately upon such changes being posted on the Site.  Accordingly, please continue to review these Terms of Use whenever accessing or using this Site.  Your use of this Site after ManageAmerica has posted modifications to these Terms of Use will constitute Your acceptance thereof.  If, at any time, You do not wish to accept the posted Terms of Use, You may not use the Site.  Any terms and conditions proposed by You which are in addition to or which conflict with these Terms of Use are expressly rejected by ManageAmerica and shall not be effective.  These Terms of Use apply exclusively to Your access and use of the Site and do not alter the terms or conditions of any other agreement between You and ManageAmerica. To the extent that a court of applicable jurisdiction determines that applying any changes to these Terms of Use would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Use being deemed illusory or unenforceable.

3. User Conduct.
In using the Site, You agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the Site or any service, system resources, accounts, servers or networks connected to or accessible through the Site or linked websites, (b) not to disrupt or interfere with any other user’s enjoyment of the Site or linked sites, (c) not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files, (d) not to use or attempt to use or access the personal account or personal information of another or create or use a false identity on the Site and (e) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.  Caching, and/or maintaining, unauthorized hypertext links to the Site and the framing of any contents available through the Site are prohibited.  ManageAmerica reserves the right, in our sole and absolute discretion, to disable any unauthorized links or frames.

4. Intellectual Property.
This Site and all Site design, including but not limited to, text, content, photographs, video, audio, interfaces, graphics and the selection and the arrangement thereof is protected by patents, copyrights (including derivative works, as defined by the United States Copyright Act, thereof), trademarks, trade names, trade secrets, service marks, mask work rights, know how, international treaties and/or all other intellectual and industrial property and proprietary rights and laws, of every kind and nature throughout the universe and however designated, and including all registrations, applications, renewals and extensions thereof (collectively, the “Applicable Laws”). This Site (and its contents) is also protected as a collective work or compilation under the United States Copyright Act and the Applicable Laws.  All individual articles of information, policies and other elements making up the Site are also copyrighted works.  You agree to abide by the Applicable Laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Site.  Any use of materials on this Site, including, but not limited to, reproduction, modification, distribution or republication, without the prior written consent (which consent shall be subject to ManageAmerica’s sole and absolute discretion) of ManageAmerica, is absolutely prohibited.

5. Authorization for Informational Emails from ManageAmerica and our Affiliates.
In accepting these Terms of Use and using this Site, You are consenting to receive informational and other emails from ManageAmerica, National Portal Systems, LLC, Origen Financial Services LLC and Safe Haven National Insurance Agency LLC and other current or future affiliates or business partners of ManageAmerica. You have the right to decline to receive additional informational emails from such affiliates and business partners and can unsubscribe or opt-out at any given time by using the “Unsubscribe” or similar button at the bottom of any such email.

6. Disclaimer, No Warranties, Indemnification.
ManageAmerica is providing this Site to You without charge or fee.  The information, services, products and materials contained in this Site, including, without limitation, text, graphics and links, are provided on an “AS IS” basis with no warranty.  To the maximum extent permitted by law, ManageAmerica disclaims all representations and WARRANTIES, EXPRESS OR IMPLIED, with respect to such information, services, products and materials, including, but not limited to, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance.  You agree that ManageAmerica shall not be liable to You for any damages, losses, harm, claims or otherwise under this Terms of Use and/or arising from Your use of this Site.  Additionally, You shall indemnify and hold harmless ManageAmerica, officers, directors, members, managers, partners, shareholders, owners, employees, attorneys, independent contractors, consultants, investors, subsidiaries, related parties, agents, representatives, nominees, successors and assigns (collectively, “ManageAmerica Indemnitees”), against any claim, suit, action or other proceeding brought against the ManageAmerica Indemnitees, by a third party, to the extent that such claim, suit, action or other proceeding brought against the ManageAmerica Indemnitees is based on or arises in connection with Your use of this Site, or any links on this Site, including, but not limited to,: (a) a violation of these Terms of Use by You or anyone using Your computer or account; (b) a claim that any use of this Site by You or someone using Your computer or account infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory or otherwise results in injury or damage to any third party and (c) any misrepresentation, including false or inaccurate information or breach of any covenant or representation or warranty made by You in connection with Your use of this Site.  You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.  Nothing in this prohibits ManageAmerica from pursuing any remedy at law or in equity against You under this Agreement and/or arising from Your use of this Site.

7. Jurisdiction and Governing Law.
You irrevocably agree that all actions or proceedings arising out of, from or related to these Terms of Use or Your use of this Site shall be litigated exclusively in state or federal court having situs within the State of California.  You further hereby consent and submit to the jurisdiction of any state or federal courts located within the State of California and hereby waive any right to transfer or change the venue of any such litigation.  All actions or proceedings arising out of or related to these Terms of Use or Your use of this Site shall be governed and controlled by application of the internal laws of the State of California as to interpretation, enforcement, validity, construction, effect and in all other respects.

8. Miscellaneous.
You acknowledge that ManageAmerica has the right to change the content or technical specifications of any aspect of this Site at any time at ManageAmerica’s sole and absolute discretion.  You further accept that any such changes may result in Your being unable to access this Site. The captions and headings appearing in these Terms of Use are for reference only and will not be considered in construing this Agreement. The terms of this Agreement as posted by ManageAmerica from time to time may not be amended, waived or modified except by a writing signed by an authorized officer of ManageAmerica. If any provision of these Terms of Use, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same intent and effect as the original provision, and the remainder of this Agreement will remain in full force. These Terms of Use contain the entire understanding and agreement between the You and ManageAmerica with respect to its subject matter, superseding all prior or contemporaneous representations, understandings and/or any other oral and/or written agreements between the parties with respect to such subject matter.

9. Consent Representations and Warranties.
You signify Your acceptance of these Terms of Use by accessing or using this Site and, by doing so, You represent and warrant that You have read, acknowledge and agree to be bound by the terms and conditions found in these Terms of Use. You further represent and agree that: (a) You are at least 18 years old and have the power and authority to accept these Terms of Use; (b) You will not use this Site for illegal purposes and will comply with all US and international law regarding the transmission of any data obtained from this Site in accordance with these Terms of Use and (c) You will not interfere or disrupt networks connected to this Site.

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