INTERNATIONAL HOME WATCH ALLIANCE

TERMS AND CONDITIONS OF MEMBERSHIP

Our TERMS AND CONDITIONS apply to all activity occurring during International Home Watch Alliance (“IHWA”) events or on www.ihwalliance.org, including all pages on the IHWA domain, any related domains, third-party domains hosting IHWA intellectual property, IHWA bulletin boards, blogs, social networking properties, member databases, and internal or e-mail submissions, regardless of whether they are specifically referenced herein (“the Services”).

By using the Services, you warrant that (a) you are competent to understand and abide by the terms; (b) you have read and understand the terms; (c) you agree that the terms are valid; (d) you have entered into a legal agreement with IHWA; and (e) you agree to abide by the terms during your use of the Services.

IHWA may amend the terms from time to time, with all changes posted here. Your continued use of the Services further warrants that you accept any amendments IHWA may make.

IHWA Membership Requirements

  • Proof that you are an established business entity.
  • Proof of business insurance:
  • Minimum Coverage – $1,000,000 General Liability – $2,000,000 General Aggregate – IHWA needs to be added as ‘Additional Insured’.
  • Bond in the minimum amount of $10,000.
  • Confirm that you have a contract between your Home Watch business and the homeowner.
  • Confirm that you have a Car Drive Agreement if providing such service.
  • Pass a background check of the business owner(s). 
  • Agree to the Terms & Conditions of the IHWA
  • Upon becoming an Accredited Member, we welcome the opportunity to discuss how best to leverage the marketing assets of the IHWA. We will also share more about the various committees to see where you are suited to contribute to the IHWA community at large.  Today’s members are tomorrow’s leaders.
  • Contracts, business website, and marketing materials are subject to review by the IHWA Compliance Committee. 

IHWA Automatic Membership Renewals

All paid IHWA memberships are for one year from date of purchase. For your convenience and protection – to prevent lapses in your IHWA membership and ancillary benefits through our partners – IHWA will automatically renew your membership at the end of each year, using the credit card you initially provided. As your membership year draws near its close, IHWA will send you a reminder before processing your membership renewal.

If you wish to opt out of automatic renewal or to change the credit card used for your renewal, please contact: Membership@IHWAlliance.org

Use of Member Database

IHWA expressly reserves the right to use all information members provide in association with their profiles, including name, geographic data, professional data, and other information, as IHWA sees fit, keeping in mind that we are very judicious with the use of our members’ information and make every effort to identify opportunities that are beneficial to our members.

Use of Services and Proprietary Information

The Services and all information provided within the Services are the intellectual property of IHWA and are therefore proprietary to IHWA (“Proprietary Information”). As such, all users of this website, the Services or Proprietary Information agree that the Proprietary Information is protected by U.S. and international copyright, trademark and/or other intellectual property laws, and that the unauthorized use, copying or appropriation of the Proprietary Information may subject the user to civil and/or criminal liability.

IHWA makes its Proprietary Information available only to members, for the express purpose of furthering IHWA’s mission. The provision of Proprietary Information constitutes a limited, non-exclusive, non-transferable license, granted only for this purpose and no other. Members acknowledge that the Services are subject to change according to the needs of IHWA’s members, as determined solely by IHWA and without specific notice to members. Members further acknowledge that circumstances may arise in which the Services are found to contain errors or other deficiencies, but that IHWA shall have no liability to members in the event such circumstances arise. In addition, users agree that interruptions may periodically occur, and that IHWA shall have no liability to users for such interruptions. Specifically, Members agree that they have assumed these risks in exchange for the benefits IHWA provides through its Services and other offline opportunities.

Members may not engage in any of the following conduct with respect to any of IHWA’s Proprietary Information, including Proprietary Information found or hosted on third-party sites, social media platforms, etc. All such conduct is forbidden, and members agree that the following types of conduct may give rise to civil or criminal liability:

  • Reproduction, in any form by any means and through any forum, of the Proprietary Information without the express written authorization of IHWA
  • Modification, distribution or republication of the Proprietary Information for any purpose other than that of furthering the IHWA mission
  • Transfer of the Proprietary Information to any other person, entity or third-party without the express written authorization of IHWA
  • Removal of or obscuring any copyright, trademark or other proprietary notices from the Proprietary Information
  • Granting any non-member or other third-party access to or use of the Services or Proprietary Information without the express written authorization of IHWA
  • Participation in any conduct which disrupts or in any way interferes with the intended use or operation of the Services
  • Participation in any conduct which in any way interferes with another member’s use of the Services
  • Participation in any conduct which in any way attempts to reverse-engineer any of the Services or Proprietary Information, or which in any other way attempts to decompile any of the Proprietary Information
  • Participation in any conduct which otherwise violates the Terms and Conditions

Members specifically acknowledge that the Services and Proprietary Information may contain IHWA’s copyrighted material as well as its trade/service marks. Members further acknowledge that nothing in these Terms & Conditions, or any other aspect of membership, confers upon members any ownership interest in IHWA’s copyrighted material or marks, and that such ownership rests exclusively with IHWA. Finally, members agree that they have no interest in any intellectual property belonging to third-parties but licensed to IHWA’s use in association with the Services or Proprietary Information. Any attempt to alter, remove, copy or otherwise misappropriate any such intellectual property shall be deemed a material breach, subjecting the user to forfeiture of membership as well as civil and/or criminal liability.

If, in IHWA’s sole discretion, a user is found to be in breach of these terms, IHWA reserves the right to terminate the offending user’s license(s) as well as their membership status. IHWA expressly reserves all other rights and remedies that may be available in the event of such a breach.

Confidentiality of Proprietary Information

Members agree that all Proprietary Information is confidential and that the sole ownership of such information rests with IHWA and shall not be transmitted in any manner without the express, written authorization of IHWA. Members further agree that all Proprietary Information is trade secret-protected, in that it is independently valuable, not generally known within the industry outside of IHWA and its limited licensees to whom it is provided solely in furtherance of IHWA’s mission, provides IHWA with a competitive advantage in the marketplace, kept secret and subject to reasonable safeguards within the IHWA organization and released only to those with a need to know or in accordance with a limited license, and not subject to reverse-engineering or independent discovery or duplication without substantial expertise or by improper means.

Further, members agree that their uses of the Proprietary Information under the limited license granted herein shall be solely in furtherance of the Mission. Members acknowledge that any other use of Proprietary Information, including but not limited to unauthorized copying, editing or publication to third-parties, constitutes misappropriation which may subject the offending user to civil and/or criminal liability as well as the remedies set forth above.

Finally, members acknowledge that Proprietary Information shall not be used in any circumstances detrimental to or competitive with IHWA, and that any such misuse may subject the offending user to civil and/or criminal liability as well as the remedies set forth above.

If, in IHWA’s sole discretion, a user is found to be in breach of these terms, IHWA reserves the right to terminate this license as well as the offending user’s membership status. IHWA expressly reserves all other rights and remedies available in the event of such a breach.

Acceptable Use

Users agree that the IHWA membership experience may be devalued by users who violate these Terms & Conditions to the detriment of the IHWA user community. To maintain the ongoing high quality of our community, users agree to the following acceptable uses of the Services and Proprietary Information:

  • To use the Services and Proprietary Information only in accordance with the Terms & Conditions
  • To maintain control over the secrecy of all access information, including usernames and passwords, used to gain access to the Services and Proprietary Information
  • To refrain from any activity that is detrimental to IHWA members, including posting disparaging information about other members
  • To refrain from any activity that is competitive with or detrimental to IHWA or any of its affiliates or partners
  • To refrain from any activity identified as fraudulent or without authorization under Title 18 U.S. Code Sec. 1030, including the reproduction, duplication, copying, selling or trading of the Services or Proprietary Information; the transmission through or implementation in the Services or Proprietary Information of adware, malware or computer viruses; and/or the deletion or interruption of the Services or Proprietary Information.
  • To refrain from any other conduct which might place IHWA members or IHWA itself in a negative light

If, in IHWA’s sole discretion, a user is found to be in breach of these terms, IHWA reserves the right to terminate this license as well as the offending user’s membership status. IHWA expressly reserves all other rights and remedies available in the event of such a breach.

Non-Disparagement

IHWA has invested heavily and takes pride in its customer service and organizational leadership directed at building and maintaining a positive membership community.

Members agree that any false, inaccurate, misleading, disparaging or otherwise defamatory statements made about IHWA and/or its members would cause immediate, irreparable harm to IHWA and its membership community. Therefore, users agree not to engage in any conduct, which in any way communicates such statements, including by posting them to any Internet site of any kind, whether controlled by a third-party or the user. In the event any user breaches this agreement, the user further agrees to the following:

  • Member authorizes IHWA to contact the Internet provider in control of the site on which any such statements are posted and demand immediate removal of the statements
  • To the extent such statements are posted on a site controlled solely by the member, member agrees to immediately remove the statements upon notification by IHWA and, should user refuse to do so, user will be responsible for IHWA’s reasonable attorney fees and expenses to seek removal of the statements
  • Member agrees that such statements have caused IHWA and/or its membership community to suffer immediate, irreparable harm sufficient to warrant a court to award temporary injunctive relief should such relief be necessary for removal of the statements
  • Member agrees to cooperate in every respect with regard to the removal of such statements, including to execute any documents necessary to effect the removal

If, in IHWA’s sole discretion, a user is to be in breach of these terms, IHWA reserves the right to terminate this license as well as the offending user’s membership status. IHWA expressly reserves all other rights and remedies available in the event of such a breach.

Limitation of Liability / Legal Conditions

Members agree that the Services and Proprietary Information are made available as-is, with all faults and without any express or implied warranties of any type.  Members agree that IHWA is immune from liability for false or misleading information contained within the Service and provided by third-parties.

Members expressly waive any and all warranty claims, and IHWA expressly disclaims all warranties, including:

  • warranties of merchantability
  • warranties of fitness for a particular purpose
  • warranties related to infringement of third-party rights
  • warranties related to accuracy or completeness of information provided by IHWA or its members
  • warranties that the Services or Proprietary Information will be free from disruption or malicious problems such as viruses
  • warranties that membership in IHWA or use of the Services or Proprietary Information will yield a particular business result or otherwise enhance the user’s career in any way
  • warranties related to the utility, reliability or safety of third-party sites or content referenced or linked to by the Services or Proprietary Information, and IHWA specifically disclaims any endorsement of or control over any content provided by any third-party source

Members agree to indemnify and hold harmless IHWA from any losses, damages, claims, demands or obligations arising out of users’ breach of these Terms & Conditions. Members agree to bear sole responsibility for such breach and to remunerate IHWA for any expense or burden whatsoever associated with such breach.

IHWA’s maximum liability and users’ sole remedy for any cause whatsoever shall be limited to the amount of a user’s membership dues. IHWA shall not be liable for any damages whatsoever associated with users’ membership or use of the Services or Proprietary Information or any interruption of same.

Should any term of users’ agreement with IHWA be found by a court of competent jurisdiction to be unconscionable or otherwise invalid or unenforceable, all other terms shall continue in full force and effect.

Members should remain aware that not all disclaimers of warranties or of liability, or limitations on liability, are available in all jurisdictions. As such, all statements in this section may not apply to all members. Nevertheless, regardless of the jurisdiction, IHWA’s liability is limited to that provided by the law of the particular jurisdiction at issue.

Choice of Law / Arbitration

Members agree that all disputes shall be governed by the laws of the State of Florida, without regard to any other principles, including conflicts of law. Any dispute arising out of IHWA membership or use of the Services or Proprietary Information shall be settled by arbitration as administered by the American Arbitration Association. Users agree that any arbitration should be held within Collier County, Florida, before a panel of three neutral arbitrators. Further, users agree that any arbitration award in favor of users under these Terms & Conditions shall not include any consequential, exemplary, special or otherwise punitive damages unless such damages are made non-waivable by applicable statute. Finally, users agree that the result of any such arbitration shall remain confidential and subject to the entry of a suitable non-disclosure order.

Complete Agreement

Users agree that these Terms & Conditions and the associated Privacy Policy constitute the complete agreement between them and IHWA, and that any other purported agreement, in any form, is wholly superseded.