Version of: January 1, 2017
1. Permitted Use of the Site
2. Prohibited Use of the Site
By accessing the Site, you agree that you will not:
- Use the Site in violation of the terms of the Association's Acceptable Use Policy (“AUP”) attached hereto;
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or any Site, Compass-360, or other products and services we provide (collectively, the Site, Compass-360, and other products and services are our “Service”) in any way;
- Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Association servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Use the Site in any manner that damages, disables, overburdens, or impairs any the Association website or interferes with any other party's use and enjoyment of the Site;
- Mirror or frame the Site or any part of it on any other web site or web page;
- Attempt to gain unauthorized access to the Site;
- Access the Site by any means other than through the interface that is provided by the Association for use in accessing the Site; or
- Use the Site for any purpose or in any manner that is unlawful.
Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
3. Copyrights and Trademarks
The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of the Association or its licensors (if any). The Association owns and retains all copyrights in the Content. Unless specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. The Association, the Association logos, and other marks used by the Association from time to time are trademarks and the property of the Association. The appearance, layout, color scheme, and design of the Site are protected trade dress. Customer does not receive any right or license to use the foregoing. The Association may use and incorporate into the Site or our Service any suggestions or other feedback you provide, without payment or condition.
4. Information and Materials You Post or Provide
You represent and warrant that you are who you say you are and that you have not submitted fictitious, false or inaccurate information about yourself.
5. Links to Third-Party Web Sites
6. Disclaimers; Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ASSOCIATION AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ANY SERVICE, WITH THE DELAY OR INABILITY TO USE THE SITE OR ANY SERVICE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR ANY SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF THE ASSOCIATION OR ANY OF THE ASSOCIATION’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Additional Terms of Service
If you are a user of Compass-360 or an employee, representative or agent of such a user, your use of Compass-360 may be subject to additional terms and/or a separate agreement with the Association.
10. General Provisions
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. The Association therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. The Association does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Copyright 2016 Compass-360 Association. All rights reserved
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) applies to the use of any website, Compass-360 or other Service provided by us (the Association), whether we provide it directly or use another party to provide it to you. This AUP is designed to ensure compliance with the laws and regulations that apply to the Service. This AUP also protects the interests of all of our users, as well as our goodwill and reputation. These terms are so important that we cannot provide the Service unless you agree to them. By using the Service, you are agreeing to these terms.
If you are using any Service, this AUP applies to you. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring.
No SPAM Permitted
You may not use any Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) unsolicited email (“spam” or “spamming”) in violation of the CAN-SPAM Act (referenced below) or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, or (d) commercial electronic messages in violation of Canada’s Anti-Spam Legislation (referenced below).
Prohibited Email Content and Formatting; Email Best Practices
Email sent, or caused to be sent to or through any Service may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third party's internet domain name without their consent, or be relayed from or through a third party's equipment without the third party’s permission; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) unless otherwise authorized by us, use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.
Email Opt-out Requirements
You warrant that each email you send or is sent for you using any Service will contain: (a) header information that is not false or misleading; (b) an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information); and (c) all information required by Canada’s Anti-Spam Legislation. These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” requests.
You agree not to use any Service in a way that impacts the normal operation, privacy, integrity or security of another's property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use our Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
Proper Usage of Our Service
In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use any Service with content, or in a manner that:
• is threatening, abusive, harassing, stalking, or defamatory;
• is deceptive, false, misleading or fraudulent;
• is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
• contains vulgar, obscene, indecent or unlawful material;
• infringes a third party's intellectual property right(s);
• publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
• uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
• downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
• falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
• restricts or inhibits any other user of any Service from using and enjoying our website and/or any other Service;
• harvests or otherwise collects information about others, including e-mail addresses, without their consent;
• violates the usage standards or rules of an entity affected by your use, including without limitation any ISP or social media platform (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
• is legally actionable between private parties; and/or
• is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), and any regulations having the force of law or laws in force in your or your email recipient's country of residence.
You will use the Services for your internal business purposes and will not: (i) willfully tamper with the security or records of any Service; (ii) access data on any Service not intended for you; (iii) log into a server or account on any Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of any Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit any Service or make any Service available to a third party other than as permitted by a separate license agreement; (vii) use any Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of any Service without our prior written consent.
The Association Trademark Use
Unless you have our express prior written permission, you may not publicly use any name, logo, tagline or other mark of ours or any Service, or any identifier or tag generated by any Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
If you breach of this AUP we may immediately suspend your access to any Service. We may also terminate any separate agreement you have to any Service for cause if you breach this AUP. You acknowledge we may disclose information regarding your use of any Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will use reasonable efforts to notify you, unless we are required to keep the disclosure confidential.
We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.
We may update and change any part or all of this AUP. If we update or change this AUP, we will let you know by posting the revised copy on our website. The updated AUP will become effective and binding on the next business day after it is posted. When we change this AUP, the “Version of” date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.