| Terms and Conditions Agreement |
This is an agreement between You and Compass Management Group, Inc. ("CMGI"), a California Corporation. This agreement binds any and all owners of the unit for which an on-line login account is established.
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF GOCOMPASS.COM, INCLUDING ACCOUNT STATUS AND HISTORY INFORMATION, ONLINE PAYMENT, EMAIL ALERT INFORMATION, AND EMAIL COMMUNICATIONS GENERATED THROUGH GOCOMPASS.COM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY/UNIT YOU REPRESENT, ALL RESIDENTS AND GUESTS OF THE ENTITY/UNIT, AND ALL THIRD PARTIES USING YOUR ONLINE LOGIN AND PASSWORD INFORMATION WITH OR WITHOUT YOUR AUTHORIZATION (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.
CMGI MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF GOCOMPASS.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT GOCOMPASS.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH GOCOMPASS.COM.
^ To TopSection 1. Definitions.
Content: information, graphics, products, features, functionality, services, and links on GOCOMPASS.COM, including CMGI Billing Online and email correspondence generated through GOCOMPASS.COM.
CMGI: Compass Management Group, Inc., a California corporation, and its affiliates. You or Your: Yourself and the entity/unit that you represent, all owners of the unit for which the online login account has been established, all residents and guests of the unit, and all third parties using your online login and password information (with or without your authorization) to access GOCOMPASS.COM.
^ To TopSection 2. Use of GOCOMPASS.COM.
GOCOMPASS.COM is provided solely for the use of current and potential CMGI customers to interact with CMGI and may not be used by any other person or entity, or for any other purpose. Specifically, all CMGI generated invoices on behalf of client Associations and remitting payments using authorized online payments methods (electronic fund transfer, e-check, credit or debit card payments), identifying and preparing sales or refinance related documents, accessing authorized online association records and information and other information and services may only be used by current and potential CMGI customers for their own purposes. Use of GOCOMPASS.COM to provide information to or for the benefit of third parties is expressly prohibited without the prior written consent of CMGI. The use of automated dial-in or inquiry devices to obtain information through GOCOMPASS.COM is strictly prohibited.
CMGI does not accept ideas, concepts, or techniques for new services or products through GOCOMPASS.COM. If such information is received, it will not be considered confidential and CMGI will be deemed free to use, communicate and exploit such information in any manner it chooses.
^ To TopSection 3. GOCOMPASS.COM Login Registration.
You may choose to register on GOCOMPASS.COM to access interactive features on GOCOMPASS.COM. GOCOMPASS.COM Login provides you with access to information and documents specific to your association, your unit assessment account history and payment options, and other online services. The availability of these services varies by Association. In the future, CMGI may modify or delete existing features or add other features that may be accessed through GOCOMPASS.COM Login and the sole discretion of CMGI without prior notice.
By registering on GOCOMPASS.COM, You agree to provide accurate and current information about Yourself as prompted by the GOCOMPASS.COM Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
Some GOCOMPASS.COM services are being made available to customers based in some client homeowners associations and not others. You agree to register only for GOCOMPASS.COM services offered on the GOCOMPASS.COM website for the Association in which you own a unit and your CMGI account is based.
When you register using GOCOMPASS.COM Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify CMGI of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your GOCOMPASS.COM session at the end of each visit.
^ To TopSection 4. Changes to GOCOMPASS.COM.
GOCOMPASS.COM and its Content, may be changed, deleted or updated at any time without notice.
^ To TopSection 5. Termination of Use.
CMGI may discontinue, suspend or modify GOCOMPASS.COM at any time without notice, and CMGI may block, terminate or suspend Your and any user's access to GOCOMPASS.COM at any time for any reason in its sole discretion, even if access continues to be allowed to others. If your account is in collections due to non-payment of assessments, access to your account history and status and online payment options will be suspended until the delinquency has been cured.
^ To TopSection 6. Ownership.
GOCOMPASS.COM and its Content are protected by United States copyright, trademark and other laws. © 1997-2007 Compass Management Group, Inc. All rights reserved. Specifically, CMGI does not convey to anyone, through allowing access to GOCOMPASS.COM, any ownership rights in GOCOMPASS.COM or in any Content appearing on or made available through GOCOMPASS.COM. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of GOCOMPASS.COM or its Content.
^ To TopSection 7. Disclaimer of Warranty.
GOCOMPASS.COM AND ITS CONTENT ARE PROVIDED "AS IS". CMGI AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILITY OR INABILITY TO USE GOCOMPASS.COM AND ITS CONTENT.
CMGI EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING GOCOMPASS.COM, ONLINE ACCOUNT HISTORY AND PAYMENT OPTIONS, ASSESSMENT BILLING VIA EMAIL, EMAIL CORRESPONDENCE AND NOTIFICATIONS GENERATED THROUGH GOCOMPASS.COM, EMAIL ALERTS, AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CMGI DOES NOT WARRANT THAT ONLINE ACCOUNT HISTORY AND PAYMENT OPTIONS, ASSESSMENT BILLING VIA EMAIL, EMAIL CORRESPONDENCE AND NOTIFICATIONS GENERATED THROUGH GOCOMPASS.COM, EMAIL ALERTS WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT THEREIN WILL BE CORRECTED. FURTHERMORE, CMGI DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF ONLINE ACCOUNT HISTORY AND PAYMENT OPTIONS, ASSESSMENT BILLING VIA EMAIL, EMAIL CORRESPONDENCE AND NOTIFICATIONS GENERATED THROUGH GOCOMPASS.COM, AND/OR EMAIL ALERTS IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. SECURITY OF THE SITE, AND THE INFORMATION ACCESSIBLE THROUGH THE SITE, ARE NOT GUARANTEED NOR WARRANTED TO BE SECURE. THERE IS NO GUARANTEE THAT THE CONTENT AND ANY FILES AVAILABLE FOR DOWNLOADING ARE VIRUS-FREE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY CMGI OR AN AUTHORIZED REPRESENTATIVE OF CMGI SHALL CREATE A WARRANTY.
ASSESSMENT BILLING IS A COURTESY, NOT A REQUIREMENT. YOU ACKNOWLEDGE THAT CMGI IS AN AGENT FOR YOUR ASSOCIATION. YOUR ASSOCIATION IS REQUIRED TO PROVIDE EACH OWNER WITH A NOTICE THIRTY TO NINETY DAYS PRIOR TO THE FISCAL YEAR OF ASSESSMENT PAYMENTS TO BE MADE BY OWNER DURING THE FISCAL YEAR. THIS IS THE ONLY SUCH ASSESSMENT NOTICE REQUIRED. FAILURE TO RECEIVE AN ASSESSMENT BILLING, WHETHER BY MAIL OR EMAIL THROUGH GOCOMPASS.COM, DOES NOT RELIEVE YOU OF LIABILITY OR RESPONSIBILITY FOR THE PAYMENT OF MONTHLY ASSESSMENTS, OR RESULTING LATE FEES OR INTEREST CHARGES ON DELINQUENT ASSESSMENTS.
^ To TopSection 8. Limitation of Liability.
USE OF GOCOMPASS.COM AND ITS CONTENT IS AT YOUR SOLE RISK. CMGI WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE GOCOMPASS.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR UNPAID ASSESSMENTS, LATE CHARGES, INTEREST COST, COLLECTION COSTS INCLUDING ATTORNEY’S FEES, LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED CMGI OF THE POSSIBILITY OF SUCH DAMAGES.
^ To TopSection 9. Indemnity.
You agree to defend, indemnify and hold harmless CMGI, its affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.
^ To TopSection 10. Links to other web sites.
There are links on the GOCOMPASS.COM site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by CMGI. CMGI makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
CMGI has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
^ To TopSection 11. Privacy Policy.
The CMGI Privacy Policy governs the use of information acquired from You through GOCOMPASS.COM.
^ To TopSection 12. Controlling Law and Severability.
This Agreement and Your use of GOCOMPASS.COM is governed by and construed in accordance with the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.
Any cause of action with respect to GOCOMPASS.COM or this Agreement must be instituted within one year after the claim or cause of action has risen or been barred and must be brought in a court of competent jurisdiction within Santa Clara County, California. This Agreement may not be changed or modified without the written consent of CMGI.
^ To TopSection 13. CMGI Email Correspondence, Email Alerts, and Email Assessment Billing.
CMGI provides You with the opportunity, email and communication options in GOCOMPASS.COM, to use GOCOMPASS.COM to receive email alerts for your Association, send email to CMGI and/or your Board of Directors, report incidents or submit work order requests via email, request assessment billing via email, and opt-out of homeowner list information. These features are provided free of charge. CMGI may modify or terminate the use of these features at any time.
CMGI does not commit to keeping Your messages private or confidential. By using GOCOMPASS.COM for communication of email alerts, messages and information You acknowledge that CMGI is providing the technical functionality only, and that You are solely responsible for the content of Your messages. CMGI undertakes no duty to monitor any messages sent by You. However, CMGI, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself.
Do not use GOCOMPASS.COM for anything other than to communicate information about Your unit or homeowners association. You may not use GOCOMPASS.COM to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If CMGI sees or hears about messages sent via GOCOMPASS.COM that violate these provisions, or that may damage CMGI or any of its client associations, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.
It is not necessary to use GOCOMPASS.COM to pay assessments or communicate with CMGI, your homeowners association or its Board of Directors. CMGI will not be liable for any failure or delay, for any reason, in the transmission, receipt, or acknowledgment of any messages sent by or to You or any assessment payments made by You.
^ To TopSection 14. Account Access and Preferences
Subject to the terms listed here, preferences will remain in Your account information as long as You are a member in good standing of your association. If You sell or transfer your unit and are no longer a member, or if your account has been turned over to collections due to unpaid assessments, or if you have been notified for any other reason that you are no longer a member in good standing of your association, your account access will be suspended or terminated. Further, online login account access is granted at the discretion of CMGI, and may be discontinued by CMGI at any time, with or without cause, without prior notice.
^ To TopSection 15. Voluntary Use
The use of GOCOMPASS.COM is strictly voluntary, and is not a requirement of any client homeowners association or its members.
^ To TopSection 16. Escrow/Document Services
The use of GOCOMPASS.COM for the purchase of documents related to the sales/escrow/refinance process is strictly voluntary, and is not a requirement of any client homeowners association, its members, or any third party agent, realtor or broke representing an association member. Compass Management Group, Inc. provides documents and preparation services to support the escrow process for the sale or refinancing of units in client associations. Compass Management Group, Inc. is not a party to any real estates transaction, and is not responsible for the proper disclosure of association information to any seller, buyer or third party. All provisions of this Terms of Use, including but not limited to Section 7 (Disclaimer of Warranty), Section 8 (Limitation of Liability) and Section 9 (Indemnity) apply to the voluntary purchase and/or order of documents and preparation services from Compass Management Group, Inc. and GOCOMPASS.COM.
The delivery of documents required by statute (or otherwise requested) in connection with the sale/transfer of a separate interest in a residential common interest development, are provided by Compass Management, Inc. (“Compass”), subject to the following terms and conditions:
By your acceptance of the delivery of documents provided herewith, you agree to be bound by the foregoing terms and conditions, and to pay the service fee associated with such delivery.
^ To Top