Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") before using the counselourhoa.com website and the tools and resources we provide you (the “Website,” "Site" or "Service") operated by Counsel My HOA LLC ("us", "we", "our", or the “Company”), and before using any resolution, guide, template or other download from the Site ("Downloads").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms.
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of the Site when such changes occur.
The subscription period is one year and auto renews each year until cancelled by you or by the Company. Prices are subject to change at any time prior to renewal and notice of any increase in price of an automatically renewing plan shall be sent via email to a subscriber prior to the expiration of the then current period.
The right of access and use of the Service, including Downloads, is granted solely to the person, homeowner association or company that established and paid for the Website account (the "Subscriber") and the subscriber's authorized users ("User"), and may not be shared with anyone else. The Prudent-Legal plan is available for homeowner associations only. The authorized Users are:
- HOAs. Practical or Prudent-Legal Plan. If the Subscriber is a homeowner association, the Service may be used by up to eight members of the association, or up to seven such members and one property manager, for use related to that association only.
- Company - Practical Plan. If the subscriber is a management company, or other company, the Service may be used by up to five employees of the company, and access for client associations of the management company or other company is NOT included and is expressly prohibited. A management company or other person or entity may not use the Services in relation to any client, association or company other than the subscriber.
- Individual - Practical Plan. Five user accounts are included, so that the Service may be used by up to five individuals, subject to the limitations on this page (such as regarding "Questions" posted on the Site).
A Subscriber may add authorized Users by going to Account > Manage Group Members > Add New Member.
- A Prudent-Legal Subscriber may add seven Users for a total of eight (including the Subscriber account itself).
- A Practical Subscriber may add four Users for a total of five (including the Subscriber account itself).
Each Subscriber and each authorized User promise and agree not to share access to the Website with anyone, and not to share any resource, including any Downloads, with anyone other than the Subscriber, and other than in the ordinary use of the Downloads for their intended purposes. A subscription will be terminated immediately for violation of these Legal Terms by a User, and the Company reserves all other rights and remedies under the law and the Legal Terms in the event of such a violation.
Questions & Answers on the Site
Questions posted on the site by Users are subject to reasonable limitations, such as regarding the number or complexity of questions, the time it takes to answer, and other reasonable limitations, as determined by us. Generally, questions are limited to answers requiring no more than three hours of attorney time total for all answers to all questions per subscription period per Subscriber (not just per User). Once three hours of time has been reached, the Company will limit further questions from the Subscriber's account as it deems appropriate.
All questions are answered by an experienced, HOA-specialist attorney licensed in Utah. However, the answers posted are not legal advice. The answers posted are hypothetical and/or generally applicable and are not applicable to any specific set of facts or circumstance. Neither a question nor an answer establish any attorney-client relationship.
Questions must directly relate to the content of the page where the question is posted and must apply generally and not specifically to one particular HOA or unique circumstance.
Counsel Our HOA grants you a limited non-exclusive, non-transferable, revocable license to access and use our Website and its resources for non-commercial use, only in relation to the homeowner association or company on record on your account, and strictly in accordance with the Terms. Except the statutes themselves, all content and all resources and documents, including templates and resolutions, are the property of Counsel Our HOA, and may not be used by you for any commercial purpose.
Prudent-Legal Subscriptions. Minus credit card processing fees and if no Prudent-Legal resource has been utilized (including if no Downloads have been downloaded) and if no answer to a question asked on the Site by subscriber has been posted, a full refund may be issued for Prudent-Legal subscriptions within 7 days of the original purchase and a 50% refund may be issued within 30 days of the original purchase.
Practical Subscriptions. Minus credit card processing fees and if no question has been posted on the Site by subscriber and no Downloads have been downloaded by subscriber, a full refund may be issued for a Practical subscription within 7 days of the original purchase and a 50% refund may be issued within 30 days of the original purchase.
Renewals. Minus credit card processing fees, refunds may be issued for all subscription renewals within 14 days of the renewal, if no Prudent-Legal resource has been utilized (including if no Downloads have been downloaded) and if no answer to a question asked on the Site by subscriber has been posted after the renewal.
Kimble Law PLLC will provide up to two hours of HOA-related attorney time ("Two Hours"), including emails and phone calls, for an HOA with an active Prudent-Legal subscription (a "Client"), but any hard costs incurred per client request are not included and will be billed to Client. Included in the Two Hours is all time expended in connection with the Client's matters, which may include, without limitation, phone conversations, receiving, reviewing and drafting email and other correspondence, reviewing, obtaining and/or analyzing documents, drafting documents, preparation for, attendance at, and participation in meetings, travel time, research, and intra-office conferences. Client will be billed the actual cost for any expenses that are solely attributable to Client and incurred by Kimble Law in performing any work requested by Client. If Client chooses to utilize Kimble Law for services beyond the included two hours, Client agrees that such work will be done at regular hourly rates then in effect ($235 per hour in 2023
). The Two Hours are provided free of charge as a subscription benefit and no part of the subscription fee constitutes an advance payment of attorney fees or a retainer. Any unused time expires at the end of the annual subscription period and does not carry over to the next period and is nonrefundable.
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Counsel Our HOA. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Counsel Our HOA aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of the Company, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from the Company. The Company prohibits use of any logo of the Company or any of its affiliates as part of a link to or from any Website unless the Company approves such link in advance and in writing. Fair use of the Company’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Our Website contains certain provisions of the Utah Code. The Website does not contain the Utah Code Annotated, which is is a hardbound, multi-volume set that contains the Utah Code and other material copyrighted by a private company. See About the Utah Code, Utah State Legislature.
Postings on our Website are made at such times as the Company determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. The Company does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
Documents and Legal Advice Disclaimer and Conflict of Interest Waiver
You understand that we offer document templates such as letters, resolutions and policies ("Templates"), as created and/or verified by attorneys, through our Website. You acknowledge that we are not necessarily attorneys or paralegals nor do we offer legal advice. You acknowledge that we do not endorse any Downloads as being better than another. We do not otherwise guarantee the legal accuracy or applicability of any Downloads for your legal needs. You will at all times look to any attorney that you select for services as to any legal claims related to such services and related to the application of the law to your specific facts.
The provided Downloads and all content on the Website are for informational purposes only and do not constitute legal advice.
The Company is not a law firm and is not providing legal advice. All information (including forms and documents) available on the Website are provided without any warranty, express or implied, including as to their legal effect and completeness. The information should be used as a guide and modified to meet your own individual needs. Your use of any information or forms is at your own risk. The Company and any of its employees, contractors, or attorneys who participated in providing the information expressly disclaim any warranty: they are not creating or entering into any attorney-client relationship by providing information to you.
All users of the Website, except Prudent-Legal subscription members, agree that by their use of the Website, they waive any claim of conflict of interest against Kimble Law PLLC and any of its attorneys in the event Kimble Law represents their HOA or any other party in relation to any matter for which the user uses the Website.
Our Website may contain links to websites owned or operated by parties other than the Company. Such links are provided for your reference only. The Company does not monitor or control outside Websites and is not responsible for their content. The Company’s inclusion of links to an outside website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the Company’ inclusion of the links imply that the Company is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.
No Warranties; Exclusion of Liability; Indemnification
NO ATTORNEY REPRESENTATION IS INCLUDED EXCEPT WHERE SPECIFICALLY STATED. NO PART OF THE WEBSITE, INCLUDING ANY CONTENT, RESOURCE OR ANSWER TO A QUESTION POSTED BY A USER, CONSTITUTES LEGAL ADVICE.
OUR WEBSITE IS OPERATED BY the Company ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, The Company SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. The Company SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER the Company OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL the Company’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO the Company FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, the Company DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. The Company AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS, SERVICES OR CONTENT OFFERED THROUGH OUR WEBSITE.
The Company MAKES NO REPRESENTATION THAT THE WEBSITE AND SERVICES, INCLUDING Downloads, ARE APPLICABLE OR APPROPRIATE FOR USE IN ANY JURISDICTION OTHER THAN UTAH, AND SPECIFICALLY STATES THAT SUCH SERVICES ARE LIKELY NOT APPLICABLE OR APPROPRIATE FOR USE IN A STATE OTHER THAN UTAH.
THE COMPANY IS NOT AFFILIATED WITH THE STATE OF UTAH OR ANY OTHER GOVERNMENTAL AGENCY.
You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorney fees, arising from or related to your use of the Website and Services, including any Downloads.