Terms and Conditions

---

Madison Avenue Consulting Terms and Conditions

Madison Avenue Consulting provides personalized HOA Management Consulting and Real Estate services. By your continued use of this website, you have accepted these Terms and Conditions, which govern your use of our service. 

As used in these Terms and Conditions, "Madison Avenue Consulting service", "our service" or "the service" means the personalized service provided by Madison Avenue Consulting to HOA Boards of Directors and Real Estate Clients viewing Madison Avenue Consulting content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service. 

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH MADISON AVENUE CONSULTING (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). 

1. Membership
      1.1. We may offer a number of membership plans, including memberships      offered by third parties in conjunction with the provision of their own      products and services. We are not responsible for the products and      services provided by such third parties. Some membership plans may have      differing conditions and limitations, which will be disclosed at your      sign-up or in other communications made available to you. You can find      specific details regarding your Madison Avenue Consulting membership by      visiting our website and clicking on the "Account" link      available at the top of the pages under your profile name.
2. Promotional Offers.     We may from time to time offer special promotional offers, plans or      memberships (“Offers”). Offer eligibility is determined by Madison Avenue      Consulting at its sole discretion and we reserve the right to revoke an      Offer and put your account on hold in the event that we determine you are      not eligible. Members of households with an existing or recent Madison      Avenue Consulting membership may not be eligible for certain introductory      Offers. We may use information such as device ID, method of payment or an      account email address used with an existing or recent Madison Avenue      Consulting membership to determine Offer eligibility. The eligibility      requirements and other limitations and conditions will be disclosed when      you sign-up for the Offer or in other communications made available to      you.
3. Billing and Cancellation
        3.1. Billing Cycle. The membership fee for the Madison Avenue Consulting      service and any other charges you may incur in connection with your use of      the service, such as taxes and possible transaction fees, will be charged      to your Payment Method on the specific payment date indicated on the      "Account" page. The length of your billing cycle will depend on      the type of subscription that you choose when you signed up for the      service. Membership fees are fully earned upon payment. In some cases your      payment date may change, for example if your Payment Method has not      successfully settled, when you change your subscription plan or if your      paid membership began on a day not contained in a given month. Visit our      website and click on the "Billing details" link on the "Account"      page to see your next payment date. We may authorize your Payment Method      in anticipation of membership or service-related charges through various      methods, including authorizing it up to approximately one month of service      as soon as you register. If you signed up for Madison Avenue Consulting      using your account with a third party as a Payment Method, you can find      the billing information about your Madison Avenue Consulting membership by      visiting your account with the applicable third party.
   
       3.2. Payment Methods. To use the Madison Avenue Consulting service you      must provide one or more Payment Methods. You authorize us to charge any      Payment Method associated to your account in case your primary Payment      Method is declined or no longer available to us for payment of your      subscription fee. You remain responsible for any uncollected amounts. If a      payment is not successfully settled, due to expiration, insufficient      funds, or otherwise, and you do not cancel your account, we may suspend      your access to the service until we have successfully charged a valid Payment      Method. For some Payment Methods, the issuer may charge you certain fees,      such as foreign transaction fees or other fees relating to the processing      of your Payment Method. Check with your Payment Method service provider      for details.
   
       3.3 Updating your Payment Methods. You can update your Payment Methods by      going to the "Account" page. We may also update your Payment      Methods using information provided by the payment service providers.      Following any update, you authorize us to continue to charge the applicable      Payment Method(s).
   
       3.4. Cancellation. You can cancel your Madison Avenue Consulting      membership at any time, and you will continue to have access to the Madison      Avenue Consulting service through the end of your billing period. To      cancel, go to the "Account" page on our website and follow the      instructions for cancellation. If you cancel your membership, your account      will automatically close at the end of your current billing period. To see      when your account will close, click "Billing details" on the      "Account" page. If you signed up for Madison Avenue Consulting      using your account with a third party as a Payment Method and wish to      cancel your Madison Avenue Consulting membership, you may need to do so      through that third party, for example by visiting your account with the      applicable third party and turning off auto-renew, or unsubscribing from      the Madison Avenue Consulting service through that third party.
   
       3.5. Changes to the Price and Subscription Plans. We reserve the right to      change our subscription plans or adjust pricing for our service or any      components thereof in any manner and at any time as we may determine in      our sole and absolute discretion. Except as otherwise expressly provided      for in these Terms and Conditions, any price changes or changes to your      subscription plan will take effect following notice to you.
   
       3.6. No Refunds. Payments are nonrefundable and there are no refunds or      credits for partially used membership periods. Following any cancellation,      however, you will continue to have access to the service through the end      of your current billing period. At any time, and for any reason, we may      provide a refund, discount, or other consideration to some or all of our      members ("credits"). The amount and form of such credits, and      the decision to provide them, are at our sole and absolute discretion. The      provision of credits in one instance does not entitle you to credits in      the future for similar instances, nor does it obligate us to provide      credits in the future, under any circumstance. 
4. Madison Avenue Consulting Service
   
       4.1. You must be at least 18 years of age to become a member of any      content provider on the Madison Avenue Consulting service. Individuals      under the age of 18 may only utilize the service with the involvement of a      parent or legal guardian, under such person's account and otherwise      subject to these Terms and Conditions.
   
       4.2. The Madison Avenue Consulting service and any content viewed through      our service are for your personal and non-commercial use only and may not      be shared with individuals beyond your household. During your Madison      Avenue Consulting membership, we grant you a limited, non-exclusive, non-transferable      right to access the Madison Avenue Consulting service and view Madison      Avenue Consulting content through the service. Except for the foregoing,      no right, title or interest shall be transferred to you. You agree not to      use the service for public performances.
   
       4.3. You may view Madison Avenue Consulting content primarily within the      country in which you have established your account and only in geographic      locations where we offer our service and have licensed such content. The      content that may be available to watch will vary by geographic location      and will change from time to time. The number of devices on which you may      simultaneously watch depends on your chosen subscription plan and is      specified on the "Account" page.
   
       4.4. The Madison Avenue Consulting service, including the content library,      is regularly updated. In addition, we continually test various aspects of      our service, including but not limited to our website, user interfaces,      promotional features and availability of Madison Avenue Consulting      content. You can turn off tests participation at any time by visiting the      "Account" page and changing the "Test participation"      settings.
   
       4.5. Some Madison Avenue Consulting content is available for temporary      download and offline viewing on certain supported devices ("Offline      Titles"). Limitations apply, including restrictions on the number of      Offline Titles per account, the maximum number of devices that can contain      Offline Titles, the time period within which you will need to begin      viewing Offline Titles and how long the Offline Titles will remain      accessible. Some Offline Titles may not be playable in certain countries      and if you go online in a country where you would not be able to stream      that Offline Title, the Offline Title will not be playable while you are      in that country.
   
       4.6. You agree to use the Madison Avenue Consulting service, including all      features and functionalities associated therewith, in accordance with all      applicable laws, rules and regulations, or other restrictions on use of      the service or content therein. Except as explicitly authorized in these Terms      and Conditions, you agree not to archive, download, reproduce, distribute,      modify, display, perform, publish, license, create derivative works from,      offer for sale, or use content and information contained on or obtained      from or through the Madison Avenue Consulting service. You also agree not      to circumvent, remove, alter, deactivate, degrade or thwart any of the      content protections in the Madison Avenue Consulting service; use any      robot, spider, scraper or other automated means to access the Madison      Avenue Consulting service; decompile, reverse engineer or disassemble any      software or other products or processes accessible through the Madison      Avenue Consulting service; insert any code or product or manipulate the      content of the Madison Avenue Consulting service in any way; or use any      data mining, data gathering or extraction method. In addition, you agree      not to upload, post, e-mail or otherwise send or transmit any material      designed to interrupt, destroy or limit the functionality of any computer      software or hardware or telecommunications equipment associated with the Madison      Avenue Consulting service, including any software viruses or any other      computer code, files or programs. We may terminate or restrict your use of      our service if you violate these Terms and Conditions or are engaged in      illegal or fraudulent use of the service.
   
       4.7. The quality of the display of the Madison Avenue Consulting content      may vary from device to device, and may be affected by a variety of      factors, such as your location, the bandwidth available through and/or      speed of your Internet connection. HD, Ultra HD and HDR availability is      subject to your Internet service and device capabilities. Not all content      is available in all formats, such as HD, Ultra HD or HDR and not all plans      allow you to receive content in all formats. Default playback settings on      cellular networks exclude HD, Ultra HD and HDR content. The minimum      connection speed for SD quality is 1.0 Mbps; however, we recommend a      faster connection for improved video quality. A download speed of at least      3.0 Mbps per stream is recommended to receive HD content (defined as a      resolution of 720p or higher). A download speed of at least 15.0 Mbps per      stream is recommended to receive Ultra HD (defined as a resolution of      4K  or higher). You are responsible for all Internet access charges.      Please check with your Internet provider for information on possible      Internet data usage charges. Madison Avenue Consulting makes no      representations or warranties about the quality of your watching      experience on your display. The time it takes to begin watching Madison      Avenue Consulting content will vary based on a number of factors,      including your location, available bandwidth at the time, the Madison      Avenue Consulting content you have selected and the configuration of your Madison      Avenue Consulting ready device.
   
       4.8. The Madison Avenue Consulting software is developed by, or for, Madison      Avenue Consulting and may solely be used for authorized streaming and      viewing of content from Madison Avenue Consulting through Madison Avenue      Consulting ready devices. This software may vary by device and medium, and      functionalities may also differ between devices. By using our service, you      agree to receive, without further notice or prompting, updated versions of      the Madison Avenue Consulting and related third-party software. If you do      not accept the foregoing terms, do not use our service.
   
       4.9. By using our service, you agree to look solely to the entity that      manufactured and/or sold you the Madison Avenue Consulting ready device      for any issues related to the device and its compatibility with the Madison      Avenue Consulting service. We do not take responsibility or otherwise      warrant the performance of Madison Avenue Consulting ready devices,      including the continued compatibility with our service. 
5. Passwords and Account Access. The member who created the Madison Avenue Consulting      account and whose Payment Method is charged (the "Account      Owner") is responsible for any activity that occurs through the Madison      Avenue Consulting account. To maintain control over the account and      prevent anyone from accessing the account (which could include information      on viewing history for the account), the Account Owner should maintain      control over the Madison Avenue Consulting ready devices that are used to access      the service and not reveal the password or details of the Payment Method      associated to the account to anyone. You are responsible for updating and      maintaining the accuracy of the information you provide to us relating to      your account. We can terminate your account or place your account on hold      in order to protect you, Madison Avenue Consulting or our partners from      identity theft or other fraudulent activity. Madison Avenue Consulting is      not obligated to credit or discount a membership for holds placed on the      account by either a representative of Madison Avenue Consulting or by the      automated processes of Madison Avenue Consulting. If your Madison Avenue      Consulting ready device is sold, lost or stolen, please deactivate the Madison      Avenue Consulting ready device. If you fail to log out or deactivate your      device, subsequent users may access the Madison Avenue Consulting service      through your account and may be able to access certain of your account      information. To deactivate a device, follow instructions on the      "Account" page of our website. 
6. Disclaimers of Warranties and Limitations on Liability
   
       6.1. THE MADISON AVENUE CONSULTING SERVICE AND ALL CONTENT AND SOFTWARE      ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED      WITH THE MADISON AVENUE CONSULTING SERVICE, ARE PROVIDED "AS IS"      AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY      KIND. MADISON AVENUE CONSULTING DOES NOT GUARANTEE, REPRESENT, OR WARRANT      THAT YOUR USE OF THE MADISON AVENUE CONSULTING SERVICE WILL BE      UNINTERRUPTED OR ERROR-FREE. MADISON AVENUE CONSULTING SPECIFICALLY      DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, MADISON AVENUE CONSULTING      READY DEVICES, AND MADISON AVENUE CONSULTING SOFTWARE (INCLUDING THEIR      CONTINUING COMPATIBILITY WITH OUR SERVICE).
   
       6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL MADISON      AVENUE CONSULTING, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS,      DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR      SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT      OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
   
       6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES      OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.      THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO      YOU.
   
       6.4. NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY NON-WAIVABLE      STATUTORY RIGHTS THAT APPLY TO YOU. 
7. Arbitration Agreement
   
       7.1. You and Madison Avenue Consulting agree that any dispute, claim or      controversy arising out of or relating in any way to the Madison Avenue      Consulting service, these Terms and Conditions and this Arbitration      Agreement, shall be determined by binding arbitration or in small claims      court. Arbitration is more informal than a lawsuit in court. Arbitration      uses a neutral arbitrator instead of a judge or jury, allows for more      limited discovery than in court, and is subject to very limited review by      courts. Arbitrators can award the same damages and relief that a court can      award and nothing in this Arbitration Agreement shall be interpreted as      limiting any non-waivable statutory rights. You agree that, by agreeing to      these Terms and Conditions, the U.S. Federal Arbitration Act governs the      interpretation and enforcement of this provision, and that you and Madison      Avenue Consulting are each waiving the right to a trial by jury or to      participate in a class action. This arbitration provision shall survive      termination of this Agreement and the termination of your Madison Avenue      Consulting membership.
   
       7.2. If you elect to seek arbitration or file a small claim court action,      you must first send to Madison Avenue Consulting, by certified mail, a      written Notice of your claim ("Notice"). The Notice to Madison      Avenue Consulting must be addressed to: General Counsel, Madison Avenue      Consulting, Inc., 3911 Cleveland Ave, Suite 34145, San Diego, CA 92163 ("Notice Address"). If Madison      Avenue Consulting initiates arbitration, it will send a written Notice to      the email address used for your membership account. A Notice, whether sent      by you or by Madison Avenue Consulting, must (a) describe the nature and      basis of the claim or dispute; and (b) set forth the specific relief      sought ("Demand"). If Madison Avenue Consulting and you do not      reach an agreement to resolve the claim within 30 days after the Notice is      received, you or Madison Avenue Consulting may commence an arbitration      proceeding or file a claim in small claims court.
   
       7.3. You may download or copy a form Notice and a form to initiate      arbitration at www.adr.org. If you are required to pay a filing fee, after      Madison Avenue Consulting receives notice at the Notice Address that you      have commenced arbitration, Madison Avenue Consulting will reimburse you      for your payment of the filing fee, unless your claim is for greater than      US$10,000, in which event you will be responsible for filing fees.
   
       7.4. The arbitration will be governed by the Consumer Arbitration Rules      (the "AAA Rules") of the American Arbitration Association      ("AAA"), as modified by this Agreement, and will be administered      by the AAA. The AAA Rules and Forms are available online at www.adr.org,      by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.      The arbitrator is bound by the terms of this Agreement. All issues are for      the arbitrator to decide, including issues relating to the scope and      enforceability of this arbitration agreement. Unless Madison Avenue      Consulting and you agree otherwise, any arbitration hearings will take      place in the county (or parish) of your residence. The arbitrator's award      shall be final and binding on all parties, except (1) for judicial review      expressly permitted by law or (2) if the arbitrator's award includes an      award of injunctive relief against a party, in which case that party shall      have the right to seek judicial review of the injunctive relief in a court      of competent jurisdiction that shall not be bound by the arbitrator's      application or conclusions of law.
   
       7.5. If your claim is for US$10,000 or less, we agree that you may choose      whether the arbitration will be conducted solely on the basis of documents      submitted to the arbitrator, through a telephonic hearing, or by an      in-person hearing as established by the AAA Rules. If your claim exceeds      US$10,000, the right to a hearing will be determined by the AAA Rules.      Regardless of the manner in which the arbitration is conducted, the      arbitrator shall issue a reasoned written decision explaining the      essential findings and conclusions on which the award is based. If the arbitrator      issues you an award that is greater than the value of Madison Avenue      Consulting's last written settlement offer made before an arbitrator was      selected (or if Madison Avenue Consulting did not make a settlement offer      before an arbitrator was selected), then Madison Avenue Consulting will      pay you the amount of the award or US$5,000, whichever is greater. Except      as expressly set forth herein, the payment of all filing, administration      and arbitrator fees will be governed by the AAA Rules.
   
       7.6. YOU AND MADISON AVENUE CONSULTING AGREE THAT EACH MAY BRING CLAIMS      AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A      PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE      PROCEEDING. Further, unless both you and Madison Avenue Consulting agree      otherwise, the arbitrator may not consolidate more than one person's      claims with your claims, and may not otherwise preside over any form of a      representative or class proceeding. If this specific provision is found to      be unenforceable, then the entirety of this arbitration provision shall be      null and void. 
8. Miscellaneous
   
       8.1. Governing Law. These Terms and Conditions shall be governed by and      construed in accordance with the laws of the state of Delaware, U.S.A.      without regard to conflict of laws provisions. These terms will not limit      any consumer protection rights that you may be entitled to under the      mandatory laws of your state of residence.
   
       8.2. Unsolicited Materials. Madison Avenue Consulting does not accept      unsolicited materials or ideas for Madison Avenue Consulting content, and      is not responsible for the similarity of any of its content or programming      in any media to materials or ideas transmitted to Madison Avenue      Consulting. Should you send any unsolicited materials or ideas, you do so      with the understanding that no additional consideration of any sort will      be provided to you, and you are waiving any claim against Madison Avenue      Consulting and its affiliates regarding the use of such materials and      ideas, even if material or an idea is used that is substantially similar      to the material or idea you sent.
   
       8.3. Feedback. Madison Avenue Consulting is free to use any comments,      information, ideas, concepts, reviews, or techniques or any other material      contained in any communication you may send to us ("Feedback"),      including responses to questionnaires or through postings to the Madison      Avenue Consulting service, including the Madison Avenue Consulting website      and user interfaces, worldwide and in perpetuity without further      compensation, acknowledgement or payment to you for any purpose whatsoever      including, but not limited to, developing, manufacturing and marketing      products and creating, modifying or improving the Madison Avenue      Consulting service. In addition, you agree not to enforce any "moral      rights" in and to the Feedback, to the extent permitted by applicable      law.
   
       8.4. Customer Support. To find more information about our service and its      features, or if you need assistance with your account, please visit the Madison      Avenue Consulting Help Center on our website. In certain instances,      Customer Service may best be able to assist you by using a remote access      support tool through which we have full access to your computer. If you do      not want us to have this access, you should not consent to support through      the remote access tool, and we will assist you through other means. In the      event of any conflict between these Terms and Conditions and information      provided by Customer Service or other portions of our website, these Terms      and Conditions will control.
   
       8.5. Survival. If any provision or provisions of these Terms and      Conditions shall be held to be invalid, illegal, or unenforceable, the      validity, legality and enforceability of the remaining provisions shall      remain in full force and effect.
   
       8.6. Changes to Terms and Conditions and Assignment. Madison Avenue      Consulting may, from time to time, change these Terms and Conditions. Such      revisions shall be effective immediately; provided however, for existing      members, such revisions shall, unless otherwise stated, be effective 30      days after posting. We may assign our agreement with you to any affiliated      company or to any entity that succeeds to all or substantially all of our      business or assets related to the applicable Madison Avenue Consulting service.      
   
       8.7. Communication Preferences. We will send you information relating to      your account (e.g. payment authorizations, invoices, changes in password      or Payment Method, confirmation messages, notices) in electronic form      only, for example via emails to your email address provided during      registration. You agree that any notices, agreements, disclosures or other      communications that we send to you electronically will satisfy any legal      communication requirements, including that such communications be in writing.      

Last Updated: May 1, 2021