TOPS Software of Florida, LLC d/b/a Enumerate ("Enumerate") is engaged in the business of creating, operating and maintaining a web and mobile communication application ("Application") for Community Associations, Homeowner Associations, Condo Owner Associations, Property Owner Associations, Common Interest Communities and like entities ("Associations") and the Associations' owners, residents, managers and management companies. The Application is published under the Enumerate Engage brand name or it may be published under a brand name by contract with an Association or management company of Associations. The Application is a messaging system consisting of a web and mobile communication feed, mobile text, mobile notifications, email blast and other communication management features and tools. The Application also provides traditional website features such as document hosting, calendars, photo galleries, among other features which exist now or may be created by Enumerate in the future. Application features may also include interactive communication where all parties using Application may post information and comment on posts made by others. Some features of the Application may be administered and controlled by association managers, administrative assistants and volunteer residents.
- Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Enumerate’s website for personal, non-commercial transitory viewing only.
This license shall automatically terminate if you violate any of the restrictions below and may be terminated by Enumerate at any time. Upon terminating your viewing of these materials or upon the termination of the license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
This is the grant of a license, not a transfer of title, and under this license you may not:
i. Modify or copy the materials;
ii. Use the materials for any commercial purpose; or for any public display (commercial or non-commercial);
iii. Attempt to decompile or reverse engineer any software contained on Enumerate’s web site;
iv. remove any copyright or other proprietary notations form the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
- Member Account, Password, and Security
In order to use the Application, you must complete the registration process by providing us with current, complete, and accurate information as required by the registration form. You recognize that we may ask you to input information such as your first and last name, your home address, your phone number, and your email address. Since access to the Application is only for Association owners and residents, we will verify the information you submit against information provided by your Association and/or their management company. You will also certify you are an owner of a property in the Association or a renter of a property if renters are allowed, authorized users of the system.
In order to register and use our Application, you may not create a false identity for the purpose of misleading others. Anonymous posting and activity in the Application are prohibited. You are entirely responsible for maintaining the confidentiality of your own password and account. You are responsible for any and all activities under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time or allow others to use your account. Members of the same family or residence, including renters, who want to use the Application must register their own unique account. All users must be 18 years of age or older. You recognize that you must always use caution when giving out any personally identifiable information about yourself or your children in using our Application.
You acknowledge that public computers are not considered to be secure and that the use of the Application on a public computer may adversely impact the confidentiality and security of your account and personal data.
- Intended Use
Our Application allows users to post, upload, input, comment, and review a variety of communications and information. We do not claim ownership of any content, material, suggestions, feedback, images, photographs, pictures, or otherwise graphical information, in whole or in part, (collectively "Content") posted by users on the Application.
By posting Content you warrant and represent that you have been granted permission, own, or otherwise control all of the rights related to the Content including, without limitation, all the rights necessary to post, upload, input, provide, or otherwise submit the Content. Likewise, by posting, uploading, or inputting Content to the Application, you grant us the necessary permission to use your Content. This permission includes, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Content; to publish your name in connection with your Content; and the right to sublicense such rights to any supplier of Enumerate.
Only owners or residents of their Association are allowed to post information. By posting Content, you warrant and represent that you are a current owner or resident of your Association. If, for any reason, the Association no longer considers you a current owner or resident (e.g., based on dues, residency, membership, etc.), you are no longer authorized to post. Posting without such authorization is a violation of the TOU.
You recognize that the Content you submit must adhere to the standards set forth in our TOU. As such, by submitting Content, you understand that you may be granting use of the Content to members of your Association, and by extension, the general public. You recognize that this may result in you extending, without limitation, a non-exclusive, worldwide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Content without having your name attributed. If you do not want to license your Content, you agree that you should not submit it.
You agree that we are neither liable nor responsible for the proliferation of your Content, we do not provide nor owe compensation for the use of your Content, and we may be unable to terminate any licenses to Content that you unwittingly extend.
While we encourage our users to submit suggestions and feedback, you recognize that no compensation will be owed or paid with respect to any suggestions, feedback, or Content that you provide. We are under no obligation to post or use any Content you may provide. You also recognize that we may remove any Content at any time, without any notice.
Any Content submitted is considered to be the views of the user and is not necessarily the view of Enumerate, its employees, agents, or affiliates.
Any statements by Enumerate, its employees, agents, or affiliates are provided for informational purposes only.
The information and materials contained in these pages, as well as any terms, conditions, or descriptions, are subject to change.
- No Unlawful, Prohibited, or Improper Use
As a condition of your use of the Application, you agree that you will not use the Application for any purpose that is unlawful or prohibited by our TOU. You may not use the Application in any manner that could damage, disable, overburden, or impair any of our servers or any affiliated networks.
You agree that you will not interfere with any other party's use and enjoyment of the Application. You will not attempt to gain unauthorized access to any Application, accounts, systems, or related databases connected to our Application through hacking, password mining, or by any other means. You will not obtain or access any materials or information through any means not intentionally permitted by us.
You will not provide any Content you do not have the right to publish or submit. You will not provide any Content or participate in any communications that are defamatory, abusive, illegal, infringing, or otherwise tortious.
You will not post, publish, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful Content, topics, names, material, information, comments, stories, pictures, abusive rants, negativity, hate speech, or slander against other users. You will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
You will not post content that directly attacks people based on their: race, ethnicity, nationality, religion, sexual orientation, sex, gender, gender identity, or serious disabilities or diseases.
You will not use our Application in connection with pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
You will not upload files or post hyperlinks that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malware, or any other similar software or programs that may damage the operation of another's computer or the property of another.
You will not download any file posted by another user that you know or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
You may not gather information from our Application, either manually or on an automated basis. It is improper use to provide any information gathered from our Application to a third party for commercial use.
You will not provide any content that promotes the purchase, sale, or trade of recreational and pharmaceutical drugs.
You will not provide any content that promotes the purchase, sale, or other exchange of firearms, including parts and ammunition.
You will not facilitate or encourage any violations of our TOU.
We reserve the right to delete your account at any time and without warning if you are found to be in violation of this agreement and any other Enumerate policies.
If anyone brings a claim against Enumerate related to your actions, content, or information on the Application, you will indemnify and hold Enumerate harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although our TOU provides rules for user conduct, we do not control or direct users' actions on the Application and are not responsible for the content or information users transmit or share on the Application. We are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content or information you may encounter on the Application. We are not responsible for the conduct, whether online or offline, or any user of the Application.
- Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Application is for your personal and non-commercial use. Your posting Content for the purpose of advertising a commercial business or proposition ("Advertising") is strictly prohibited. Enumerate reserves the right to remove any such Advertising it finds. Non-commercial business referrals or residential classifieds are permitted. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Application.
By using Enumerate, you represent and warrant that you are using it for solely personal use. You further represent and warrant that you are not an attorney or an agent of an attorney conducting an investigation for a potential claim related to the Application, Enumerate or any of its affiliated products or brands, or any other material available through the Application.
- No Regular Review
We do not regularly review the web pages in our Application. Enumerate has no obligation to monitor the use of the Application and reserves the right to review and remove material posted on the Application, at our sole discretion. We do not control or endorse the content, messages, or information submitted and posted by users of our Application. As such, we disclaim any liability in connection with the use of our Application or from your participation in such use.
- Links to Third-Party Sites
Links posted in our Application may lead you to a third-party website. These linked websites are not under our control, and we are not responsible for the contents of any linked website. We do not monitor the third-party links listed on the Application and we do not endorse them.
- Downloadable Files
We do not monitor or review files that a user of the Application may upload. As such, you agree that we are not responsible for any adverse effects or impacts that may result from the intentional or unintentional proliferation of malicious software or programs on the Application. Similarly, we are not responsible for any adverse effects or impacts that may result from a user's upload or download activity on the Application.
- Ownership and No Guarantee
The Application is solely owned and operated by Enumerate. Any intermediaries between the user and Enumerate, (e.g., homeowners' associations, boards, management companies, etc.), are not authorized Enumerate spokespersons, and their views do not necessarily reflect ours. We reserve the right to change or discontinue any aspect or feature of the Application, without notice, at any time. We make no guarantees, predictions, or warranties, express or implied, about the quality of any services or products provided by any individual, company, or affiliate that may be found or featured on the Application. We do not guarantee that any information provided on the Application is accurate, current, exhaustive, complete, or suitable for any purpose that you may have.
- Social Media Links
If you choose to include links to third-party social media websites, such as Twitter or Facebook, you give us permission to access and publish the content from those profiles on our Application.
- Commercial Content
You recognize that our Application may deliver business directory information or advertising content from paid commercial businesses. You authorize us to make such offerings. We do not endorse, represent, or warrant (1) the accuracy or reliability of any of the information, content, advertisements, or other materials contained on, distributed through, or linked, downloaded, or accessed from the Application; or (2) the quality of any products, services, information, or other materials displayed, purchased, or obtained as a result of or in connection with the Application. Any reliance upon any information, content, advertisements, materials, products, services, or vendors found through the Application shall be at the user's sole risk.
4. LEGAL NOTICES
- Intellectual Property Notices
This Application is protected by United States copyright law, United States trade secret law, United States trademark law, and international treaty provisions. Do not remove any proprietary notice of Enumerate. All webpages made available to you are the copyrighted work of Enumerate. All rights are reserved.
Use of any Content that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party is prohibited.
Do not falsify or delete any proprietary designations or labels as to the origin or source of any Content you submit.
Any other trademarks appearing on the Application are the property of their respective owners.
- Electronic Communications
Communication from us to the user will be sent via electronic mail. You agree that this satisfies any legal requirement of "in writing" from Enumerate to you.
- Reporting Abuse
We provide a monitored and active email address for you to report abuse. If you believe any content on the Application is against our TOU, please contact us.
- Copyright Notices
No redistribution, retransmission, publication, or commercial exploitation of downloadable material is permitted without the express written approval of Enumerate or the respective copyright owner.
If you believe the content on the Application infringes upon your copyright, please contact us. Please ensure that your notice satisfies the requirements set forth by Title 17, United States Code, Section 512.
Any notices or communications from you to Enumerate must be in writing, in English, and sent to the address below:
c/o Administration Team
5540 Rio Vista Drive
Clearwater, FL 33760
- Limitation of Liability and Remedies
You agree specifically that this limitation will not limit any liability for gross negligence, intentional tortious behavior, unlawful conduct, or damages for strict liability that may not be limited by law.
- Limitation of Warranties
ALL SERVICES ARE PROVIDED "AS IS." ANY USE OF OUR SERVICES AND THE APPLICATION IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT ANY SERVICES WILL WORK PROPERLY OR CONTINUOUSLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENUMERATE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NON-INFRINGEMENT. ENUMERATE DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SERVICES WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE PRODUCT WILL BE CORRECTED, OR THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM.
You agree to defend, indemnify, and hold harmless Enumerate, its Board of Directors, its officers, and its employees, against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys' fees) that may incur, arise out of, or result from your use of the Application or from your breach of this TOU.
- Governing Law and Arbitration
FOR ANY CLAIMS (EXCLUDING CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF) THAT SEEK RELIEF LESS THAN $10,000, THE PARTY SEEKING RELIEF WILL CHOOSE BINDING NON-APPEARANCE-BASED ARBITRATION THROUGH AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER LOCATED IN CLEARWATER, FLORIDA OR SURROUNDING AREA AND AS AGREED UPON BY BOTH PARTIES. THE ARBITRATION WILL NOT INVOLVE ANY PERSONAL APPEARANCES BY THE PARTIES OR WITNESSES, UNLESS AGREED UPON BY BOTH PARTIES. THE ARBITRATION MUST TAKE PLACE IN CLEARWATER, FLORIDA OR SURROUNDING AREA AND THE ARBITRATOR'S JUDGMENT MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. BY ACCEPTING THIS AGREEMENT, ALL PARTIES IRREVOCABLY SUBMIT THEMSELVES TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS OF PINELLAS COUNTY, FLORIDA, WITH REGARD TO ANY DISPUTE BETWEEN THEM, ARISING UNDER, OR RELATING TO THIS AGREEMENT. THE PARTIES ALSO HEREBY WAIVE ANY VENUE OR PERSONAL JURISDICTION CHALLENGE THEY MAY HAVE TO A LAWSUIT RELATING TO OR ARISING UNDER THIS AGREEMENT THAT HAS BEEN FILED IN A STATE OR FEDERAL COURT IN PINELLAS COUNTY, FLORIDA.
This constitutes the entire agreement and supersedes any other agreements (oral or written). We may amend our policies at any time. If you do not accept our terms at any time, you agree to terminate your account.
This agreement does not create any agency, partnership, joint venture, employment, or franchise relationship. If any part of this agreement is found to be invalid or unenforceable, the remainder of the agreement will not be affected.