Welcome to the Partner Portal Site (“Site”) for the City of Mesa Housing Authority (“MHA”). This Site is intended for the use of landlords of housing units serviced by MHA in which tenants hold: (i) vouchers of family participation under 24 CFR Part 882 (Rental Certificate Program); or (ii) portable rental vouchers under 24 CFR Part 887 (Rental Voucher Program). Once you have agreed to the Terms of Agreement set forth below, you will be able to create your login and password; you may thereafter access the Site for a listing of your properties, tenants, and account information.

TERMS OF AGREEMENT

You are required to review the following terms and conditions as it delineates the agreement between you and MHA as to use of this Site.  By using this Site, you are agreeing to comply with and be bound by the below terms and conditions of service (“Terms”).

1.   Acceptance of Terms

The Terms may be amended or updated at any time in the sole discretion of MHA, without specific notice to you. The latest Terms will be posted on the Site, and you should review the Terms upon each visit. Your continued use of this Site will thereafter constitute an acceptance of any changes to the Terms and an agreement to be bound by those changes. If you do not agree with any such changes, you agree to discontinue your use of this Site.

A.   Service

This Site is for authorized use only. The information contained in the Site is for the benefit of those landlords/owners who are given access by MHA (“User(s)”) for the sole purpose of providing Users current information relating to his/her property and tenants. The Site may be used for no other purpose without the prior written permission of MHA.  The Site is intended to provide you with information relating only to your properties and tenants. This Site was created in a manner so: (i) Users can only view their own tenant and property information; and (ii) Users should not be able to access property and tenant information of other Users. The information set forth in this Site for your properties and tenants was created using information provided to MHA by you, your authorized representatives, and your tenants. If any of the information set forth in this Site is incorrect, please submit a request for any revisions, corrections or changes in writing to the City of Mesa Housing Authority, P.O. Box 1466, Mesa, AZ 85211, along with supporting documentation evidencing the reasons for such revisions, corrections or changes. Upon receipt of such a request, MHA will endeavor to update the Site to reflect such requested revisions, corrections or changes in a timely manner. Submittal of such a request shall constitute authorization of the use of the information provided in the request.

B.   Service Limitations

Service may be limited due to technical difficulties or Site maintenance, either of which may result in loss of data or service interruptions; MHA does not assume responsibility for any such loss or interruption.  MHA is not responsible for any timeliness, deletion, or missed delivery issues, or failure to store any user data, communications or personalization settings.  It is the responsibility of each User to back up their data. 

C.   Changes and Discontinuation

MHA reserves the right to change or discontinue, temporarily or permanently, the service provided by the Site at any time with or without notice.  Accordingly, you agree MHA will not be liable to you or any third-party for any modification or discontinuance of the services provided by this Site.

2.   Conditions for Use

The following conditions relate to your use of the Site. Any conduct that violates these conditions shall be grounds for termination of your enrollment as a User.

A.   You agree to provide accurate, complete and current information as requested by MHA.

B.   You agree not to misrepresent your identity.

C.   You agree to protect the confidentiality of your User identification number and password. You are fully responsible for all activities that occur using your User identification number or password.  You must immediately notify MHA of any unauthorized use of your information or the Site. MHA will not be liable for any loss you incur as a result of someone else using your User identification number or password, either with or without your knowledge. You may not use anyone else’s User identification number or password at any time.

D.   You acknowledge and agree that MHA owns all rights to and content in the Site. You are only permitted to use this content as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works from this content without MHA’s prior written consent, which MHA may grant or withhold in its sole discretion. Further, you agree not to reverse engineer or reverse compile any of the Site technology.

3.   Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, without warranties of any kind.  MHA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE COMPLETENESS OR ACCURACY OF THE DATA DISPLAYED ON THE SITE AND THE USE OF THE SITE; THIS DISCLAIMER INCLUDES A DISCLAIMER OF A WARRANTY FOR FITNESS OR USE FOR A PARTICULAR PURPOSE OR INTERPRETATION.

4.   Limitation of Liability

You agree that MHA is not liable for any harms, direct or indirect, and any incidental, special, consequential or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use, or inability to use, the Site; (ii) unauthorized access to or alteration of your data/information; or (iii) any matter relating to the Site or the information provided on the Site.  You agree that the limitation of liability set forth in this Section 4 is applicable whether or not you are or have been advised of the possibility of such damages.  

5.   Indemnification

A.   To the fullest extent permitted by law, you agree to defend, indemnify, hold harmless and fully compensate MHA and service providers of the Site from any and all third party claims, liabilities, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from your use of the Site, your violation of the Terms, your use of the information provided on the Site, or infringement by any other user of your account. Your indemnification coverage of MHA includes the City of Mesa’s Mayor, City Council, appointed boards and commissions, officials, officers, volunteers and employees, individually and collectively. MHA assumes no liability for your actions and MHA will not indemnify nor hold you or any third-party harmless for claims based on the Site or the information contained therein.

B.   Without limiting the foregoing, you will, at your expense, defend MHA against all claims asserted by any person that your use of the Site or use of the information contained on the Site infringes a patent, copyright, trade secret or other intellectual property right and will, without limitation, pay the costs, damages and attorneys' fees awarded against MHA in any such action, or pay any settlement of such action or claim.  The indemnification set forth in this Section 5(B) applies only when you attempt to use the Site or any information or technology collected from the Site for any purpose not specifically authorized by MHA.

6.   Other

A.  The Terms constitute a binding agreement between you and MHA (“Agreement”).  The Agreement cannot be modified or any of MHA’s rights waived except if: (i) you and MHA expressly agree in writing to a modification or waiver; or (ii) MHA modifies the Terms and you continue to use the Site as set forth in Section 1 above. 

B.   You cannot assign or otherwise transfer, in whole or in part, your rights or duties under the Agreement.  Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated herein.  If any term, provision, covenant or condition of this Agreement is held to be invalid, unenforceable or void, the remainder of this Agreement will remain in full force and effect. 

C.  These Terms are the entire understanding between you and MHA as they relate to the Site and the services provided through the Site. Any dispute with respect to this Agreement and the rights and duties created by this Agreement will be governed by the laws of the State of Arizona and litigated in a court of competent jurisdiction in Maricopa County, Arizona.   

D.   To the extent MHA uses the services and/or technology of a licensor or service provider to implement and operate the Site, you agree that said licensors and service providers shall be third-party beneficiaries of this agreement.

USE OF THIS SITE ACKNOWLEDGES THAT THE USER ACCEPTS

THE ABOVE TERMS AND CONDITIONS.