PROVIDED BY SAFEGUARD INFORMATION SERVICES, INC. (“SIS”)
BY ACCESSING OR USING THIS SYSTEM, SERVICES OR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS USER AGREEMENT, DO NOT ACCESS OR USE THE SYSTEM, SERVICES OR WEBSITE.
Services. SIS was contracted by your Homeowners Association (“HOA”) to (i) install the QuickPass® System (“System”) at your community (“Community”) which is accessible by you through this website, (ii) provide repair service for the System, and (iii) provide other services (collectively “Services”). Your HOA is paying SIS for the installation, repairs and use of the System and the Services. All Internet connection fees and Internet provider fees are not part of the Service fees and must be paid by the User to the appropriate provider.
Eligibility. You shall only be entitled to access and/or use certain of the Services while you are a resident of the Community which is operated by the HOA. If you share your access ID with any other person or entity, then you are responsible for that person or entity’s access to the Services, and any changes or information provided by such person or entity. Upon your leaving the HOA, your HOA will notify SIS and your access to the System shall be terminated. The Services are available to individuals for 18 years of age and over. If you cannot comply with these Terms, please do not use the Service. SIS may ban the use of the Service by any person or entity at any time at SIS's sole discretion.
Registration Obligations. In consideration of your membership in the Services, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Information”); (b) to maintain and promptly update the Registration Information to keep it true, accurate and complete; and (c) that you will not use the Service for any purpose that is unlawful or prohibited by the User Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or if SIS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SIS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Account and Password Security. You will select a password and account designation upon completing the Service’s membership registration process. You agree to (i) immediately notify SIS of any unauthorized use of your password or account or any breach of security and (ii) ensure that you fully exit from your account at the end of each session. SIS cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Access to the Service. You are responsible for providing all equipment necessary to establish a connection to the Internet and any cable, telephone or other connection and service fees associated with such access. The System uses the Internet to transmit all data, pictures, information and communications with the residents of the HOA. If the Internet connection is out of order or otherwise not sufficiently working, the Services’ communications may not be transmitted, and SIS may not know of a service problem. Internet facilities are wholly beyond SIS control and are maintained by the applicable Internet provider.
No Guaranty. You understand that the Services are provided “AS IS,” and that SIS assumes no responsibility for the accuracy, timeliness, updates, changes, deletion, mis-delivery of any information or for the failure to store any user communications or customization settings. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information provided through this website. SIS does not endorse or guaranty the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on this website. Any items purchased or obtained by you through this website is done at your risk. SIS shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via this website.
Technical Support. Except as limited herein, SIS shall provide email technical support for the Services. Technical support shall be available during normal business hours, which are 8:00 am to 5:00 pm MST, Monday through Friday, except holidays SIS observes. Technical support can be reached at firstname.lastname@example.org.
Proprietary Rights. THE SYSTEM, SERVICES, ALL SOFTWARE AND FIRMWARE SHALL REMAIN SIS’s SOLE PROPERTY AND ARE PROVIDED AS PART OF THE SERVICES. You agree that this website and any necessary software used in connection with this website may contain proprietary and confidential information that may be protected by applicable intellectual property and other laws and is owned and/or licensed by and to SIS. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through this website or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SIS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website, in whole or in part. All Content of the website is copyrighted and protected by international copyright law. All rights reserved. Safeguard and QuickPass® are just some of the trademarks owned by SIS. Nothing contained in this website should be construed as granting, by implication or otherwise, any other licenses not specifically disclosed herein or any license or right to use any of the trademarks, logos, service and service marks without the written permission of SIS, or such other party that may own them.
No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this website, use of this website, or access to this website.
User and Content Restrictions.
- You agree not to use the Services or website to: (1) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially ethnically or otherwise objectionable; (2) harm minors in any way; (3) impersonate any person or entity, including, but not limited to, a SIS official, security officer, HOA member, or falsely state or otherwise misrepresent your affiliation with a person or entity; (4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (5) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (7) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (8) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (9) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges; (10) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (11) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations having the force of law; (12) “stalk” or otherwise harass another; or (13) collect or store personal data about others.
- You acknowledge that SIS does not pre-screen Content, but that SIS and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, SIS and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SIS or submitted to SIS.
- You acknowledge and agree that SIS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the User Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of the HOA, Community, SIS, its users and the public.
- You understand that the technical processing and transmission of the Service, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Dealings with Advertisers. You may enter into correspondence with or participate in promotions of advertisers on (or linked from) this website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SIS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this website.
Links to Third Party Sites. SIS provides links to other web sites or resources. Because SIS has no control over such sites and resources, you acknowledge and agree that SIS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SIS shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any such site or resource.
Indemnification. You agree to indemnify and hold SIS, its directors, officers, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your use of this website, your connection to this website, your violation of the User Agreement or your infringement of any intellectual property or other right of any other person or entity.
Modification of User Agreement. SIS reserves the right to change or modify the terms of this User Agreement. You are responsible for regularly reviewing this User Agreement. Continued use of this website following any change constitutes your acceptance of such modifications or changes. The entire and only agreement between you and SIS is written in this Agreement. It replaces any earlier oral or written understandings or agreements.
Modification, Suspension or Termination of Services. You agree that SIS, in SIS’ sole discretion, and with or without notice, may modify, suspend or terminate your use of the Services (or any part thereof) for any reason, temporarily or permanently. For example, SIS may suspend or terminate your access to the Services due to breach of this User Agreement by you, or termination or breach by your HOA of the HOA Agreement. You agree that SIS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You further acknowledge that SIS reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice. You acknowledge that SIS may establish general practices and limits concerning use of the Services, including, but not limited to the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that SIS has no responsibility or liability for the failure of the Services and the deletion of other Content maintained or transmitted by or through this website.
Disclaimer Of Warranties. You expressly understand and agree that:
- YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THIS WEBSITE, SIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- SIS MAKES NO WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) AND ANY ERRORS IN THIS WEBSITE'S SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.
Limitation Of Liability. SIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THIS WEBSITE, OR FOR COST PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SIS Is Not An Insurer; Additional Limitation Of Liability. You understand that (a) SIS is not an insurer of the Community, its property, the residents of the Community or their property, or the personal safety of persons on or about the Community; (b) the Community and each resident should provide any insurance on their respective premises and its contents; (c) the amount paid to us is based only on the value of the System and Services we provide and not on the value of anyone’s premises or its contents; (d) it is difficult to determine in advance the value of the property that might be lost, stolen or destroyed if the System or Service fails to operate properly; (e) the System or Service may not prevent an unauthorized intrusion into the Community or any particular resident’s premises; and (f) it is difficult to determine in advance what portion, if any, of any property loss, personal injury or death would be proximately caused by our failure to perform, our negligence, or a failure of the System or Services. Therefore, you agree that even if a court or arbitrator decides that our breach of this Agreement, a failure of the System or Services, or our negligence, or a failure of the System or installation caused or allowed any harm or damage (whether property damage, personal injury or death) to you or anyone in or about the Community, you agree that our liability shall be limited to $2,000.00, and this shall be your only remedy regardless of what legal theory (including without limitation, negligence, breach of contract, breach of warranty or product liability) is used to determine that SIS was liable for the injury or loss.
Disclaimer Of Liability. SIS DOES NOT WARRANT THAT THE SYSTEM OR SERVICES WILL HELP PREVENT ANY INTRUSION INTO THE COMMUNITY OR OTHER SUCH EVENT. WE DO NOT WARRANT THAT THE SYSTEM OR SERVICES CANNOT BE DEFEATED OR BY-PASSED OR THAT THEY WILL ALWAYS OPERATE. THIS AGREEMENT LIMITS OUR LIABILITY TO A $2000.00 FEE IF YOU, YOUR HOA, OR ANYONE ELSE (INCLUDING ANY RESIDENT OF THE COMMUNITY) SUFFERS ANY HARM (DAMAGE OR LOSS OF PROPERTY, PERSONAL INJURY, OR DEATH) BECAUSE THE SYSTEM OR SERVICES FAILED TO OPERATE PROPERLY.
Exclusions And Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Time Limitation and Waiver of Jury Trial. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the User Agreement or use of the Service must be filed within one year after such claim or cause of action arose or be forever barred. IN ADDITION, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY. EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. Nothing in this Agreement is intended to confer any rights or remedies under or by reason of this Agreement on any other persons. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement.
Arbitration. By using this website you agree to submit any controversy or claim arising out of or relating to the User Agreement to binding arbitration in Phoenix, Arizona, in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy or claim of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. SIS may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona necessary to protect the rights or property of SIS pending the completion of arbitration.
Governing Law. The User Agreement and the relationship between you and SIS shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflicts of law provisions.
Waiver. SIS’s failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision or any other right or provision unless acknowledged and agreed to by SIS in writing.
Severability. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the User Agreement shall remain in full force and effect.
Headings. The section headings and sub-headings contained in the User Agreement are for convenience only and have no legal or contractual effect.
Relationship. Your use of this website does not create a joint venture, partnership, employment or agency relationship with SIS or any of our third party providers.
Attorneys' Fees. If SIS or its third party providers take any action to enforce this User Agreement, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys' fees and any cost of litigation, arbitration or other similar proceeding, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Injunctive Relief. You acknowledge that a violation or attempted violation of any of this User Agreement will cause such damage to SIS as will be irreparable, the exact amount of which would be difficult to ascertain and for which there is not adequate remedy at law. Accordingly, you agree that SIS shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms by you, your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by SIS in obtaining such an injunction, including, without limitation, reasonable attorneys' fees. You agree that no bond or other security shall be required in connection with such injunction.
Assignees And Subcontractors. SIS may transfer or assign this User Agreement to any other person or entity including any financial institution. You may not transfer this Agreement to someone else (including someone who purchases or rents your premises) unless SIS approves the transfer in writing. SIS may use subcontractors to provide the Services or maintenance.
If you have any questions regarding the Services or the User Agreement, please contact us at Support@QuickPass.us.