Use

E statements are provided by a user’s homeowners association as a convenience to subscribers. By subscribing to E Statements, you agree that neither your homeowners association, Mililani Town Association, or any of their officers, directors, employees, agents, representatives, subsidiaries, parents, successors or assigns are liable to you for any failure to transmit your e statement to you for any reason whatsoever. You agree to pay your homeowner assessments whether you receive a statement or not. There are no guarantees or warranties of any kind whatsoever arising out of your use of E Statements, either express or implied.

Limitation of Liability

Under no circumstances, including but not limited to negligence, shall your homeowners association, named in your estatement application, Mililani Town Association, or any of their officers, directors, employees, agents, representatives, subsidiaries, parents, successors or assigns be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, E Statements. If you are dissatisfied with E Statements, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using E Statements.

Termination

This agreement is effective until terminated by your homeowners association, directly or through its agent or E Statements, at any time without notice. In the event of termination, you are no longer authorized to access E Statements or entitled to receive any further services. The disclaimers and limitations of liability set forth in this agreement shall survive.

Other

This agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this agreement or any portion thereof, shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Venue for any action arising out of this agreement shall be in the County of Orange, State of California.