Effective Date: May 1, 2019
1.1 FSS Link
Welcome to the Compass Working Capital, Inc. (“Compass,” "we" or "us") national online platform known as “Compass FSS Link” and located at the www.compassfsslink.org web site (the “FSS Link”). FSS Link is intended to facilitate connections and learning among Family Self-Sufficiency (“FSS”) program practitioners from around the country to strengthen the impact and reach of FSS nationally. By building FSS Link, Compass has created a national FSS network among housing and asset building organizations (the “Compass National Network”) and is committed to making resources available to FSS practitioners and our partner organizations that are part of this Compass National Network. FSS Link is owned and operated by Compass.
1.2 About Compass
As a nationally recognized leader in the FSS field, Compass has been supporting public housing authorities (PHAs) and multifamily owners in their launch and growth of high impact FSS programs since 2010. As practitioners, our primary expertise is in program development, program management, and the delivery of services for FSS. Through experiences with our housing partners, we have also become familiar with the fundamental tools needed for a property owner and management entity to run a successful FSS program in compliance with HUD’s regulations and guidance. However, Compass is not a property owner or management company. PHAs and owners are solely responsible for managing their FSS program and complying with all federal and state law applicable to their FSS program.
2. Member Registration
This Section describes who is authorized to access FSS Link, the registration process for becoming a Member and the various levels of membership. Users who have registered for our Services (“Members”) are able to access our content, discussion board and trainings, as well as other proprietary FSS program materials, forms and templates (collectively, “Compass Content”), which may be downloaded and edited by Members, depending on the level of Membership.
2.1. Legal Age
The Services are offered and available to users that register with Compass who are 18 years of age or older, reside in the United States or any of its territories or possessions, and have registered as a Member. By using the Services, you represent and warrant that you meet all of these eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.
3. Access and License to Compass Content
3.1 Compass Owns FSS Link
FSS Link and its entire contents, including the Compass Content, and all the features and functionality of FSS Link (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Compass, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
3.2 License to Use Compass Content
Importantly, your “Membership” (whether “Basic,” “Pro,” “All Access”) may only be used with a single FSS Program as identified during Member’s registration with FSS Link (the “Registered FSS Program”). If a Member is employed by or affiliated with a Network Affiliate that has more than one FSS Program, then Member must register each FSS Program under a separate membership with FSS Link. Please contact us at [email protected] with questions about this term of use.
Except as expressly provided in these Terms, Members must not download, copy, reproduce, distribute, edit, modify, create derivative works of, publicly display, publicly perform, republish, store, or transmit any of the content comprising or published on or through FSS Link, including the Compass Content.
If you are a Member with a Basic Membership, Compass expressly grants you the limited, revocable, non-transferable right during the Membership Term to do the following:
a) You may view and review the Compass Content as often as you wish in connection with the Purpose identified above for the Registered FSS Program. You may also view and download Compass Content, but may not copy, reproduce, publicly display, modify, edit, create derivative works from, publicly perform, republish, store, transmit or otherwise use or exploit the Compass Content for anything other than the permitted Purpose or with respect to any other program without our express consent.
If you are a Member with a Pro or All Access Membership, Compass expressly grants you the limited, revocable, non-transferable right during the Membership Term to do the following:
b) You may view, download, copy, reproduce, share, publicly display, modify, edit, create derivative works from, publicly perform, republish, store, transmit and otherwise use the Compass Content, provided that:
(i) all such activities are in furtherance of the Purpose and for no other purpose;
(ii) all use, downloading, copying, reproduction, sharing, display, modifying, editing, creation of derivative works, performance, publication, storage and transmission of the Compass Content is done solely in connection with the Registered FSS Program associated with your membership;
(iii) If you do anything with the Compass Content other than edit or modify the materials, you do not remove or alter any copyright or other proprietary rights notices from the Compass Content;
(iv) you do not share the Compass Content with any other person or entity that is not authorized to access and use the Compass Content, except that Members may share the materials with clients and other such Member employees and agents in connection with the Purpose in connection with the Registered FSS Program;
(vi) if you create a Modified Version(s) you must either include all copyright and other proprietary rights notices of Compass on the Modified Version(s), or, if applicable, you must include a modified legend substantially identical to the language below:
These materials are based upon and/or incorporate content that is proprietary to and copyrighted content of Compass Working Capital, used with permission. You may not use or reproduce these materials without the express consent of Compass Working Capital.
3.3 License to Use Modified Version(s)
Compass Program Materials. Network Members and some other Members may have separate contracts with Compass to create customized programming and associated materials “Program Materials.” The use Program Materials created under separate contracts with Compass are governed by those contracts. Should you have questions about the terms that govern any content at FSS Link or any Program Materials, please contact Betty Francisco, General Counsel, [email protected]
End of Membership Term
At the end of the Membership Term (as defined in Section 8 below), the licenses set out above shall terminate. However, prior Members may retain and continue to enjoy a limited right to use, reproduce, display and share Compass Content previously lawfully downloaded and any Modified Version(s) created by Pro and/or All Access Members under these Terms prior to termination (collectively, “Retained Content”) as long as such use is limited to the use for the benefit of the Registered FSS Program(s) initially identified to Compass during registration for FSS Link, and for no other purpose. For purposes of clarity, after termination no Member may continue to download Compass Content, nor, modify, edit, or make derivative works based upon or incorporating the Compass Content or any Retained Content for any program other than the Registered FSS Program(s). Furthermore, all Compass trademarks and all proprietary rights legends that appear on Retained Content must remain on such materials. Compass reserves the right to terminate the rights set out in the foregoing paragraph if it learns that any Member or former Member has used the Retained Content inappropriately, contrary to these Terms and/or has removed any proprietary rights legends or trademarks.
4. Accessing the Services and Account Security
(ii) You do not alter, disassemble, decompile, reverse engineer or otherwise modify any part of our Services other than as may be reasonably necessary to use our Services, or as expressly authorized herein; and
5. User Contributions
5.1. Responsibility for User Contributions
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Compass, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Compass is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of FSS Link.
In connection with User Contributions, you represent and warrant that:
(i) You own or control all rights in and to the User Contributions and have the right to grant the licenses granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
(ii) Submitting, posting or publishing your User Contribution on or through the Services does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and
You further affirm, represent and warrant that your User Contributions are not defamatory or libelous in any manner whatsoever.
5.2. Ownership of and License to User Contributions
You will retain all ownership rights in your User Contributions. By submitting a User Contribution on FSS Link and permitting it to be viewed on our Services, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license to use, post and store User Contributions on our Services and servers and publish, distribute and display such User Contributions in connection with our Services, including without limitation the right to distribute such User Contributions for marketing purposes to other users and third parties for any purpose. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Contribution.
5.3. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services that may be available on FSS Link. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Violate the FSS Community Guidelines
Compass does not endorse any User Contribution or any opinion, recommendation, or advice expressed therein.
5.4. Consent to Exposure to User Contributions
You understand and acknowledge that you may be exposed to User Contributions that are inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Compass with respect thereto.
7. Third-Party Web Sites
The rights granted to you as a Member extend from the time of your registration until the earlier of (a) termination of your employment or engagement with the Member, or (b) cancellation or termination of the Member’s FSS Link Account (“Membership Term”).
FSS Link, COMPASS WORKING CAPITAL and the Compass Working Capital and FSS Link logos, and all related names, logos, product and service names, designs and slogans are trademarks of Compass or its affiliates or licensors (“Trademarks”). You must not use such marks without the prior written permission of Compass. All other names, logos, product and service names, designs and slogans on FSS Link are the trademarks of their respective owners. Of course, our Trademarks appear on the Compass Content. To the limited extent you are permitted to use and modify the Compass Content (as described above) you may also use the Trademarks. However, you may not modify or remove any Trademarks from the Compass Content.
10. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate Compass, a Compass employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names (as applicable) associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of FSS Link, or which, as determined by us, may harm Compass or users of FSS Link or expose them to liability.
Additionally, you agree not to:
- Use FSS Link in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of FSS Link, including their ability to engage in real time activities through FSS Link.
- Use any robot, spider or other automatic device, process or means to access FSS Link for any purpose, including monitoring or copying any of the material on FSS Link.
- Use any manual process to monitor or copy any of the material on FSS Link or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of FSS Link.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of FSS Link, the server on which FSS Link is stored, or any server, computer or database connected to FSS Link.
- Attack either of FSS Link via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of FSS Link.
11. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of FSS Link.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through FSS Link. YOU WAIVE AND HOLD HARMLESS COMPASS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on FSS Link and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
12. Copyright Infringement; Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Contribution or other infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. § 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
(i) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works on the Services;
(iii) A description of the location on the Services of the allegedly infringing material(s);
(iv) Your address, telephone number, and e-mail address;
(v) A written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent for notice of claims of infringement is:
Betty Francisco, General Counsel
Compass Working Capital
89 South Street, Suite 804
Boston, MA 02111
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at [email protected] You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
If you believe that any User Contribution of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Contribution, you may send a counter notification containing the following information to the Copyright Agent:
(i) Your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
(iii) A statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and
(iv) Your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state in which you are located or the Commonwealth of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, we shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, Compass may, in its sole discretion, reinstate the removed material or cease disabling such material.
12.3. Termination of Access
In accordance with the DMCA and other applicable law, we shall, in appropriate circumstances, terminate access, at our sole discretion, of any User (including a Member) that we find to be a repeat infringer of others’ copyrights. Compass may also, in its sole discretion, limit or fully terminate access to our Services of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
13. Reliance on Information Posted
The information presented on or through FSS Link, including the Compass Content is made available solely for general information purposes. It may be updated from time to time at our discretion. We do not warrant the accuracy, completeness or usefulness of this information or any updates to the information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to FSS Link, or by anyone who may be informed of any of its contents.
The Services may contain information provided by third parties, including materials provided by other users. All statements and/or opinions expressed through materials available on FSS Link (other than the materials that we provide) are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Compass. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
14. Online Purchases and Other Terms and Conditions
Users have the option to purchase premium access to the Services and to make other purchases through FSS Link. If you make a purchase through FSS Link, and/or pay for membership, please be advised that the fees are non-refundable, regardless of whether we exercise our right to terminate or suspend your account. For your information, we use the services of third parties to process payments and/or to fulfill orders (“Third-Party Providers”). Compass does not receive or retain your payment information, including your credit card information, when you sign up to be a member, and all of your payment details and any order fulfillment details are handled by Third Party Providers who have agreed with us that they will use whatever information you provide to them only in connection with the fulfillment of your orders or payment of any necessary fees. Your payments to and agreements with such Third-Party Providers may be subject to additional terms and conditions.
15. Geographic Restrictions
We provide the Services for use at the property(ies) or program(s) identified during registration for FSS Link. FSS Link may be used only by persons located in the United States. We make no claims that FSS Link or any of the Compass Content are accessible or appropriate outside of the United States. Access to FSS Link may not be legal by certain persons or in certain countries. If you access FSS Link from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Disclaimer of Warranties
You understand that we cannot and do not guarantee, represent or warrant that the content and information available through our Services or that materials you may access or download using our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and security protocols to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF FSS LINK, OR ANY SERVICES OR ITEMS OBTAINED THROUGH FSS LINK, OR FOR LOSS, DAMAGE OR CLAIMS ARISING OUT OF YOUR DOWNLOADING OR UPLOADING OF ANY MATERIAL TO OR FROM FSS LINK, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF FSS LINK, THE COMPASS CONTENT, THE COMPASS CONTENT AND/OR ANY SERVICES OR INFORMATION OBTAINED THROUGH FSS LINK (COLLECTIVELY, “MATERIALS”) IS AT YOUR OWN RISK. FSS LINK AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NEITHER COMPASS NOR ANY PERSON ASSOCIATED WITH COMPASS MAKES ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, FITNESS, AVAILABILITY, EFFECTIVENESS OR APPLICABILITY OF FSS LINK OR ANY MATERIALS CONTAINED THEREIN, NOR IS ANY REPRESENTATION, GUARANTEE OR WARRANTY, WHETHER EXPRESS OR IMPLIED, MADE REGARDING THE LEGAL OR REGULATORY COMPLIANCE OF THE MATERIALS, OR THE SUCCESS OR APPROPRIATENESS OF OUTCOMES ACHIEVED BY USING THE MATERIALS.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPASS NOR ANYONE ASSOCIATED WITH COMPASS REPRESENTS, GUARANTEES OR WARRANTS THAT FSS LINK OR THE MATERIALS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT FSS LINK OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT FSS LINK OR ANY MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPASS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE ABOVE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation on Liability
IN NO EVENT WILL COMPASS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY FSS LINK, ANY WEBSITES LINKED TO FSS LINK, ANY MATERIALS ON FSS LINK OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH FSS LINK OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS LIMITATION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Waiver and Severability
20. Entire Agreement
21. Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to FSS Link should be directed to: [email protected]
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Compass are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. We are entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
© 2020 Compass Working Capital