Terms of Use

These Terms of Use (“Terms”) govern your access to and use of auditpov.com (the “Site”), operated by Audit POV LLC. By using the Site, you agree to these Terms.

Use of the Site

The Site is provided for informational purposes about Audit POV’s community association management services. You agree not to misuse the Site, interfere with its operation, or attempt to access it by means other than the interface we provide.

No Professional Advice

Content on the Site (including references to the Davis-Stirling Common Interest Development Act or other HOA law) is provided for general informational purposes only and does not constitute legal, financial, or accounting advice. Consult a licensed professional for advice specific to your association. Audit POV provides community association management services to the associations that engage it; nothing on the Site or in these Terms creates a management, agency, fiduciary, advisory, or client relationship between Audit POV and any individual homeowner, resident, board member, or site visitor, and no such person should rely on the Site as a substitute for their own professional advisors or their association’s governing documents.

Fair Housing & Non-Discrimination

Audit POV is committed to compliance with the federal Fair Housing Act, the California Fair Employment and Housing Act, the Unruh Civil Rights Act, and other applicable fair housing and anti-discrimination laws. Audit POV does not discriminate on the basis of race, color, religion, sex, gender, gender identity or expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, or any other characteristic protected by applicable law. Requests for reasonable accommodations or modifications are handled in accordance with applicable law and the policies of the applicable association.

Intellectual Property

All text, graphics, logos, and other content on the Site are owned by or licensed to Audit POV LLC and may not be copied or used without permission.

Third-Party Links

The Site may link to third-party websites. Audit POV is not responsible for the content or practices of those sites.

Disclaimer of Warranties; Limitation of Liability

The Site is provided “as is” without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Audit POV does not warrant that the Site will be uninterrupted, error-free, or secure, or that any content on the Site is accurate, complete, or current.

To the fullest extent permitted by law, Audit POV is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost data, or business interruption, arising from or relating to your use of the Site, regardless of the theory of liability. To the fullest extent permitted by law, the total aggregate liability of Audit POV arising from or relating to the Site or these Terms will not exceed the greater of (a) the total amounts you paid to Audit POV in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100). This limitation applies to all claims in the aggregate, whether based in contract, warranty, tort, strict liability, statute, or any other theory, and applies regardless of the number of claims asserted. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you, and nothing in these Terms limits any right that cannot be waived under California law.

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Subject to the arbitration provision below, you and Audit POV agree that any action or proceeding relating to the Site or these Terms will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to the personal jurisdiction of those courts.

Dispute Resolution; Binding Arbitration

Except for the excluded claims described below, any dispute, claim, or controversy arising out of or relating to the Site, these Terms, or your relationship with Audit POV will be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, before a single arbitrator, seated in Los Angeles County, California, or conducted by telephone or videoconference at your election. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator will have authority to award any relief available in a court of law, and the award may be entered as a judgment in any court of competent jurisdiction.

Fees. Each party is responsible for its own attorneys’ fees and costs. Audit POV will pay JAMS filing, administrative, and arbitrator fees only to the extent required by the JAMS Consumer Arbitration Minimum Standards or other applicable law, and its obligation to pay such fees is limited to what those Standards or that law require. If the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, the arbitrator may award the prevailing party its reasonable attorneys’ fees, costs, and arbitration expenses to the fullest extent permitted by law.

Excluded claims. Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property rights or to prevent unauthorized access to or misuse of the Site.

Informal resolution first. Before initiating any arbitration or lawsuit, you agree to first send Audit POV a written notice of dispute describing the claim and the relief sought, and to give Audit POV at least sixty (60) days to resolve the matter informally. This notice requirement is a condition precedent to commencing any proceeding.

Coordinated or mass filings. If twenty-five (25) or more similar demands for arbitration are filed by or with the assistance of the same or coordinated counsel, the parties agree these demands will be resolved in staged batches of no more than fifty (50) at a time, with the remaining demands stayed, in order to reduce fees and promote efficient resolution.

Time to bring a claim. To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Site or these Terms must be filed within one (1) year after the claim arose, or it is permanently barred.

Right to opt out. You may reject this arbitration provision by sending written notice to Audit POV at the address in Contact Us below within 30 days after you first accept these Terms. If you opt out, the governing law and venue provisions above will apply to any dispute between us.

Class Action Waiver

You and Audit POV agree to bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. Nothing in this section limits any right to seek public injunctive relief that cannot be waived under California law; any such claim will be severed from arbitration and stayed pending the outcome of the arbitration of the individual claims. If this class action waiver is found unenforceable as to a particular claim, that claim will be severed from arbitration and heard in a court of competent jurisdiction.

Indemnification

You agree to indemnify, defend, and hold harmless Audit POV and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or relating to your misuse of the Site, your violation of these Terms, or your violation of any applicable law or the rights of any third party.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Audit POV. Audit POV may assign these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

Entire Agreement; No Waiver

These Terms, together with the Privacy Policy and, where applicable, the SMS Terms & Conditions, constitute the entire agreement between you and Audit POV regarding your use of the Site and supersede all prior or contemporaneous understandings on that subject. The failure of Audit POV to enforce any provision of these Terms is not a waiver of its right to enforce that provision later. Section headings are for convenience only and do not affect interpretation. If you have a separate written agreement with Audit POV for management or other services, that agreement governs those services and controls over these Terms to the extent of any conflict.

Changes to These Terms

We may update these Terms from time to time; continued use of the Site after changes constitutes acceptance.

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