TMMC Property Management

PRIVACY POLICY | TERMS OF SERVICE | RULES & REGULATIONS

ONLINE PRIVACY POLICY
We respect the privacy and security of your personally identifiable information that we collect about you online. The following describes our privacy policy and practices with respect to that information. By your registration to use or use of the Services, you consent to our collection and use of your personally identifiable information and other information online by us in the manner set forth in this Online Privacy Policy. Please read this policy carefully. We may change this policy from time to time, and we will post those changes on this page. Please check back periodically. This policy will notify you of:

1. What is "personally identifiable information";
2. What personally identifiable information we collect about you through our online services;
3. Our use of cookies: what they are and how we use them;
4. Who is collecting the information;
5. How the information is used;
6. Who do we share the information with;
7. Your choices as to collection, use and distribution of your personally identifiable information;
8. How you can correct inaccuracies in or update your information;
9. What security procedures are in place to protect the loss, misuse or alteration of the information;
10. How we protect children's privacy;

If you have any questions concerning our Online Privacy Policy, please contact us at
Customer Support
TMMC-Management
P.O. Box 1401
Castle Rock, CO 80104
info@tmmc-management.com

1. What is "personally identifiable information?"
Personally identifiable information is information that can be used to identify you as a unique individual, such as your name; home, email or other address; telephone number; birth date; credit card number; and similar personal information.

2. What personally identifiable information do we collect about you through our online services?
We collect personally identifiable information about you in a number or different ways through our online Services. Your association or its management company may give us personally identifiable information about you to permit us to verify your identity as a person who is entitled to register to use and to continue to use the Services we provide to you and your association through your association's management company. When you register to use Services, we will ask for certain personally identifiable information to confirm your identity as a person authorized to use the Services. This information is required to be complete and accurate at the time it is given, and to be updated so that it is at all times accurate and complete, as a condition of your continued ability to use the Services.

Once you have registered to use the Services, whenever you sign in to use the Services your personal identity is known to us.

Other personally identifiable information about you may be given to us by the association, its management company, or you in order to render the Services. For example, we may assist the association's management company in compiling an electronic database of members of the association, or posting an online directory of members.

You may give your credit card number to the association or its management company through the Services in order to pay your association's dues or assessments. However, prior to its transmission to your association's (or its management company's) bank, your credit card information is encrypted through the use of secure server software and is then transmitted in this secure and encrypted fashion. Your credit card information is not retained by us.

If you send an email message, we will receive your email address and any other personally identifiable information you may include in that message.

3. Our use of cookies: what they are and how we use them?
A cookie is a small data file that a web server sends to your web browser (your computer's hard drive) so it can be later read by the web server. We use cookies to help us identify you so that you are able to use Services that are restricted to authorized users. We may also use cookies for purposes such as tracking web site or Services use, length and nature of use, number of members, traffic patterns and other business purposes. We may do this in an anonymous fashion (in a manner that does not attempt to personally identify the user); however, once you have registered to use our service, you are no longer anonymous to us when you use our Services.

When users or other visitors visit a web site that we manage, our web servers automatically record certain information and retain it in the web servers' logs. This information may include your IP address, domain name, browser type, date and time of the visit and similar information that is not normally considered "personally identifiable information".

4. Who is collecting the information?
As explained above, we collect personally identifiable information about you in connection with the provision of our Services. Contractors that we engage to provide some of the Services may also collect personally identifiable information about you in connection with the performance of those Services. We require those contractors to adhere to privacy policies no less stringent than our Online Privacy Policy. Web sites that are linked to our site may also collect personally identifiable information about you. We have no control over the information gathering practices of those sites and they are not covered by our Online Privacy Policy. We encourage you to read the privacy policies of any such third party.

In the course of using the Services, you may provide personally identifiable information to others. For example, you might post a message to a message board or send an email to another member, your association or the association's management company, that may contain personally identifiable information. We do not control the privacy practices or policies of any such person or entity, and they are not covered by this Online Privacy Policy.

5. How is the information used?
We use your personally identifiable information that we collect through your use of the Services to provide the Services, and to help us improve our Services. We may share anonymous information, or information that is "aggregated," to better understand the users of our Services and enhance or improve our Services, but we will do so only in a manner that does not personally identify you.

6. Who do we share the information with?
We do not sell or rent your personally identifiable information in the normal course of our business; however, if all or substantially all of our assets are sold to a third party, your personally identifiable information will be included in the assets transferred. We share your personally identifiable information with your association and the association's management company, on whose behalf we are providing the Services. We also share the information with third parties that may provide a portion of the Services. We do not allow such third parties to use that information other than in connection with the provisions of the Services. We may disclose personally identifiable information to any third party if required to do so by law or regulation, or if we believe in good faith that such disclosure is necessary to:
(a) comply with legal process;
(b) enforce the Terms of Service;
(c) respond to claims that any content of any portion of the Services violated the rights of third parties; or
(d) protect the rights, property, or personal safety of us, other Users or the public.

7. What are your choices regarding the collection, use and distribution of your information?
If we wish to collect, use or share your personally identifiable information through our online Services in a way that is not provided in this Online Privacy Policy, we will notify you and you will always have the option of not permitting the collection, use or transfer. However, if such proposed collection, use or transfer is a condition of our provision of any of the Services, your refusal to grant permission may result in your inability to use all or a portion of the Services.

By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. However, if you choose to reject all cookies or if you enable other software that prevents cookies from operating, you will be unable to use the Services.

8. How you can correct inaccuracies in or update your information?
Personally identifiable information about you may be contained in an online database maintained in connection with provision of the Services. Your personally identifiable information that is contained in any such database should be accessible by you online, if you wish to correct any inaccuracies, as long as you are an authorized User of the Services. Obviously, certain personally identifiable information, such as the address of the "unit" that you own, cannot be changed without verification by your association or its management company. We are not responsible for information contained in such online databases.

We may maintain our own separate databases in order to provide the Services, to which you will not have online access. For example, we may maintain one or more databases of members of an association who are entitled to become and remain users of the Services. Such databases may contain information furnished by the association, its management company and/or members, or otherwise collected as set forth in this Online Privacy Policy. If you wish to ask us about the personally identifiable information that we may have collected about you and that is not available to you online, you should email us at info@tmmc-management.com. We will use commercially reasonable efforts to comply with your request, and to update and/or correct any personally identifiable information that is contained within such databases.

9. What security procedures are in place to protect the loss, misuse or alteration of the information?
Access to the Services, including to databases containing personally identifiable information, is password protected. Any personal information that you have posted in any portion of the Services (e.g. a message board) should be accessible only by the association, the association's management company, other members and other authorized Users of the Services. It is the responsibility of each User to protect the User's password. Do not divulge it to anyone. Log off you computer or close your browser window to ensure that others cannot access your password.

We use industry-standard software, hardware and other measures, to protect the confidentiality, security and quality of information we collect, and to protect it from unauthorized access or disclosure or accidental loss, alteration or destruction. Due to the nature of the Internet and computer security, we cannot warrant or guarantee that security will never be breached.

10. How do we protect children's privacy?
You must be 18 years of age or older to register to use the Services. We do not knowingly collect personally identifiable information from children under the age of 13. If such information is inadvertently or unknowingly collected, it is our policy to destroy or delete it upon discovery.

TERMS OF SERVICE
You ("you" or the "User") are about to register to view a web site hosted by, and/or use other services provided or arranged by, TMMC-Management ("we" or "us"). We provide to associations, their members, and the associations' management companies web site hosting and other online resources and services (collectively, the "Services"), subject to the following terms and conditions and any rules, guidelines or policies that may be published from time to time by us (collectively, the "Terms of Service"). We may change or add to any or all of the Services at any time without notice. We may refuse to provide the Services to any person or entity in our sole discretion. We may cancel the Services with or without cause at any time, including, without limitation, if any of the registration information you provided is false or misleading, if you have violated these Terms of Service, or if your association or its management company informs us that you are not authorized to use any of the Services. Unless we state otherwise, any changes or additions to any of the Services, will be subject to these Terms of Service. These Terms of Service (including the rules, guidelines and policies incorporated herein) may be changed from time to time by us without notice. By registering to use or using this web site or any of the other Services, you agree to these Terms of Service. You should read them carefully and check for the most current version at http://www.tmmc-management.com/.

We do not provide hardware, software, equipment or systems to any User to connect to or access the Internet, and all such hardware, software, equipment and systems shall remain the sole responsibility of the User.

1. REGISTRATION AND PASSWORDS
By registering to use the Services, you represent to us and agree that (a) you are 18 years of age or older, (b) a member in good standing of the association whose web site or other Services you intend to use and/or are otherwise permitted to access the web site or use the other Services for which you are registering, and (c) you have provided to us and will maintain at all times with us accurate, correct and complete information that may be requested by the registration forms (the "Registration Data"). If we have reason to believe that the Registration Data you have provided is not accurate or incomplete, we may suspend or terminate your ability to use any or all of the Services. Your Registration Data is subject to our Online Privacy Policy (see Section 3).

We attempt to protect the privacy and integrity of the Services by making access to and use of the Services subject to the use of a password. When you register to use the Services the first time, you will be given initial access to the Services through a password. Thereafter, you and other authorized users must use your password to access and use the Services. You should keep your password confidential and not share your password with anyone. You will be fully responsible for all activity that occurs under the use of your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password by emailing us at info@tmmc-management.com.

2. CONDITIONS OF USE
You agree that you may use the Services only as long as you comply with rules, regulations and guidelines ("Rules") published by us from time to time. The Rules are in addition to any other rules, regulations or guidelines that may be adopted from time to time by your association or its management company. The current Rules are published at http://www.tmmc-management.com/. We may amend or supplement the Rules from time to time in our sole discretion without prior notice. Changes are effective upon posting, and we encourage you to frequently review the Rules online for any changes. The Rules, as amended and supplemented from time to time, are incorporated by reference into these Terms of Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services.

We do not in the ordinary course pre-screen or monitor content of the web sites or public areas, nor on-line postings or other communications. However, we reserve the right, but not the obligation, to determine in our sole discretion what is and is not acceptable content on any web site or in any other communication or posting made in connection with the Services, to limit placement of any content on a web site or on any other area provided in connection with the Services, to remove, alter or block access to any content immediately and without prior notice, to determine in our sole and absolute discretion what is and is not an appropriate conduct and use of any of the Services, and to cease providing or bar access to any or all of the Services to any User at any time, for any reason or for no reason, without prior notice. We reserve the right, but not the obligation, to monitor and investigate complaints regarding any of the foregoing, and you agree to cooperate fully with us in providing access and information as may be requested at any time and from time to time. You agree that any reservation of rights by us imposes no obligation of any kind on us to take any of the foregoing actions.

Access to an association's web site and other portions of the Services, including content, is password protected. Currently, we also offer web site content backup Services to assist in the protection of content from loss. However, we do not warrant or guarantee the integrity or security of the Services or the content, information or data transmitted through or contained on any portion of the Services. Ultimately, the security of any association's web site, and of access to and of all content and data located on, any web site, are the responsibility of each association, its management company and/or the members of the association. Content and data on any web site may be subject to loss, alteration, corruption or destruction, and we shall have no responsibility therefore.

3. PRIVACY
Registration Data and other personally identifiable information about you that you provide to us through the Services is subject to our Online Privacy Policy. Our current Online Privacy Policy is found at http://www.tmmc-management.com/. Our Online Privacy Policy may be amended or supplemented from time to time by us in our sole discretion without prior notice. Changes are effective upon posting, and we encourage you to frequently review the Online Privacy Policy for any changes.

4. PROPRIETARY RIGHTS
We and/or our licensors own (a) the contents of TMMC-Management's web site, (b) the content contained in or presented through the Services by us or by third parties engaged by us (including, without limitation, text, music, sound, photographs, graphics, video, page layout, and design), (c) the software, hardware, files, processes, systems, databases and tools used or provided by us or by third parties engaged by us to provide the Services, (d) other tangible and intangible personal property relating to the Services, including, without limitation, the domain names, IP numbers and addresses that may be used by us in providing the Services, and (e) the trade names, trade marks, service marks, copyrights, patents, inventions, trade secrets, know-how and other intellectual property rights relating to the foregoing ("TMMC-Management Property").

These Terms of Service do not constitute a license to you or any other person to use any TMMC-Management Property, except that you may use those Services that we make available to you solely for your personal use. You agree that you will not, and that you will not permit any person or entity to, copy, revise, alter, modify, decompile, reverse engineer, assemble, or attempt to discover, nor sell, assign, sublicense, encumber, or otherwise transfer any interest in, any TMMC-Management Property, including, without limitation, any object code, source code, underlying processes or algorithms contained therein, other than as is permitted by us in writing. However, you may download a single copy of this web site onto a single computer or make one print copy for your personal, noncommercial use.

Your association or its management company may permit you to submit additional content to a web site to any "public areas" provided as part of the Services, subject to these Terms of Service (including, without limitation, the Rules). "Public areas" are areas where you may submit content for viewing by others and where others may submit content for viewing by you, such as news items, chat rooms or bulletin boards, whether or not access to such areas is restricted. You are responsible for such content and for postings, email and other communications transmitted or posted by you using the Services. By creating, posting or submitting content on a web site or any public area, or permitting others to do the same, you represent and warrant that the content complies with these Terms of Service (including, without limitation, the Rules), and grant to us and our affiliates a worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) non-exclusive right and license to exercise all rights with respect to the content submitted, created or posted in any public area, and to cache, backup and otherwise use all such content, in order to provide the Services.

You agree that such caching, backup and other use is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. You agree that we may preserve or disclose content if required to do so by law or regulation or in the good faith belief that disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any content violates the rights of third parties; (iv) protect the rights, property, or personal safety of us, other Users or the public; or (v) provide the Services.

5. THIRD PARTY DEALINGS
If you acquire goods or services from a third party, whether or not the goods or services are used as part of or found through the Services, you agree that your business dealings with that third party are solely between you and the third party. We have no liability for any reason connected with such third party or the goods or services acquired, including, without limitation, complaints or claims concerning failure to perform, defects in goods or services or otherwise. Links to other web sites or resources may be provided by us or third parties as part of the Services. You agree that we have no control over such sites and are not responsible for them. You also agree that we are not responsible for any content, advertising, products or material on or available from such sites or resources.

6. DISCLAIMERS AND LIMITATIONS
USE OF THE SERVICES AND ANY EQUIPMENT, SOFTWARE AND HARDWARE PROVIDED IN CONNECTION WITH THE SERVICES, IS ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. WE MAKE NO, AND HEREBY DISCLAIM ANY AND ALL, REPRSESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICES OR SUCH PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WE, YOUR ASSOCIATION, THE ASSOCIATION'S MANAGEMENT COMPANY, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE SERVICES REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS OR OTHER PROPERTY THAT ARE USED IN PROVIDING THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ANY LIABILITY OR RESPONSIBILITY, ARISING OUT OF THE INACCURACY, ILLEGALITY, AND/OR INAPPROPRIATENESS OF ANY CONTENT PROVIDED TO ANY WEB SITE OR ANY PUBLIC AREA, THE DAMAGE, DESTRUCTION OR CORRUPTION OF ANY CONTENT OR OTHER DATA, OR THE USE OR MISUSE OF, OR INABILITY TO USE, THE SERVICES BY ANY PERSON OR ENTITY.

IN NO EVENT WILL WE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE SERVICES BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES) ARISING OUT OF OR RELATED TO THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE LIMITATIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU.

Under no circumstances will we be liable for failure or delay in connection with the Services if the failure or delay is due to circumstances beyond our control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunication or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in equipment needed for the provision of services.

You agree that any claim or cause of action which you may have arising out of a claim related to these Terms of Service or the Services must be filed within one (1) year after such claim or cause of action arises, or the claim or cause of action will forever be barred.

7. INDEMNIFICATION
You agree to indemnify and hold harmless us and our parents, subsidiaries, affiliates, officers, members, employees and representatives from any and all claims, liability and expenses (including without limitation, reasonable attorneys fees) arising out of or related to your use of the Services, your breach of any provision of these Terms of Service, or any content posted or transmitted by you through the use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

8. NOTICES
We may send notices by electronic mail, regular mail, courier or overnight delivery to the electronic mail address, mailing address or delivery address most recently provided. Notices will be effective upon transmission or delivery. We may provide changes to the Terms of Service (including, without limitation, the Rules and our Online Privacy Policy) by posting such changes on the Internet.

9. TRADEMARKS
The trademarks, service marks and logos shown on this web site (collectively, the "Marks"), including TMMC-Management and TMMC Management are trademarks of TMMC-Management. Other third parties' trademarks may also appear on this web site. The trademark TMMC-Manangement may also appear on other portions of the Services. You may not use the Marks or third parties' trademarks without the prior written permission of TMMC-Manangement, LLC or the applicable third party.

10. COPYRIGHTS AND INFRINGEMENT CLAIMS
We respect the intellectual property rights of others. We will process and investigate notices of alleged infringement of intellectual property rights related to this web site or the Services, as provided by Digital Millennium Copyright Act ("DCMA"), and will respond appropriately, as provided by the DCMA. As appropriate, we will move expeditiously to remove or disable access to material claimed to be infringing or claimed to be the subject of infringing activity. We will terminate access to Users who are repeat infringers. Notices of claimed infringement should be directed to our Copyright Agent at the following address:

TMMC-Management
P.O. Box 1401
Castle Rock, Co 80104
info@tmmc-management.com

11. GENERAL PROVISIONS
These Terms of Service constitute the entire agreement between you and us concerning your use of the Services and the relationship between you and us, and supersede any prior or contemporaneous oral or written communications, representations or understandings concerning the subject matter. You may be subject to additional terms and conditions imposed by a separate agreement between Users, for example a separate agreement between an association and its management company or between members and their association or its management company. We are not bound by or subject to any such agreements. In addition, we may have entered into separate agreements with less than all Users, for example an agreement between us and a management company. If you are not a party to any such agreement, then you agree that you are not subject to it, are not entitled to enforce it, and are not a third party beneficiary of it. You agree that you are not relying on any representation, warranty, guarantee or statement of any kind or nature made by us or anyone on our behalf except as set forth in these Terms of Service. If any provision of the Terms of Service is held invalid or unenforceable, the remaining provisions will remain in effect.

No waiver of any breach or failure or delay in exercising any right, power or remedy of any provision of these Terms of Service shall constitute a waiver of the same or any other provision hereof with respect to prior, concurrent or subsequent occurrences and no waiver shall be effective unless made in writing and signed by an authorized representative of the party against whom such waiver is sought. These Terms of Service, and any dispute arising pursuant to these Terms of Service, shall be governed by Colorado law, exclusive of its provisions regarding conflicts of law. Any action relating to these Terms of Service must be brought in Denver, Colorado, and both parties irrevocably consent to the jurisdiction of the state and federal courts located in Denver, Colorado.

Titles and headings are included solely for convenient reference and are not part of these Terms of Service. You may not assign any of your rights or obligations (in whole or in part) without our prior written consent, which we may withhold, in our sole discretion. We may assign our rights and obligations under these Terms of Service without your prior written consent.

RULES AND REGULATIONS
These Rules are intended to explain the obligations of Users of the Services, as to their conduct while using the Services. Failure of any User to comply with these Rules may be a breach of the may result in, among other things, the termination of any or all of the Services, the denial of access to one or more of the Services, the refusal to post or transmit, or the alteration or removal of material from a website or other area. The Rules are subject to change as provided in the Terms of Service.

Terms of Service. Users shall comply with the Terms of Service posted on and for this website.

No Spam. Users shall not upload, send or post unsolicited or unauthorized junk mail, "spam," advertising, promotions, chain letters, or any other form of solicitation, except postings on an association's web site.

Unlawful Use. Users shall not upload, transmit or post any material, or engage in any other use of the Services, that violates any law, rule or regulation, infringes any other person's rights, including, without limitation, any intellectual property or privacy rights, or otherwise could impose civil or criminal liability. We reserve the right to notify any governmental entity, law enforcement authority, or any other party that we deem appropriate in our sole discretion, of any such activity. Uploading, posting or transmitting any content that infringes any patent, trademark, trade secret, copyright, publicity or proprietary right of any person or entity will be grounds for immediate termination of the Services or other corrective action.

Defamatory or Abusive Material. Users shall not send or post defamatory, obscene, profane, vulgar, threatening, offensive, abusive, inaccurate or illegal material. Users shall not "stalk" or harass another.

Destructive Acts. Users shall not distribute any Internet viruses, trojan horses, time bombs, cancelbots, worms, or other programming routines or engage in other destructive activities that are designed to damage, interfere with, or intercept data or the operation of computers, networks or other equipment or systems. Users shall not access, or attempt to access, another person's or entity's accounts, web sites, networks, servers, equipment or systems without proper authorization to do so, or attempt to disrupt or interfere with the Services in any manner.

Use and Data Storage. We may establish and change from time to time general practices and limits on the use of the Services, the amount of central processing unit (CPU) processing, bandwidth and disk usage, and levels of activity. We will use commercially reasonable efforts to give you notice of these practices and limits. Violation of these practices and limits will be considered a violation of these Rules.

Other Activities. Users shall not engage in any other activity that we determine in our sole discretion may be harmful to other Users or the Services.