Effective Date: 11/1/2023

Compass Working Capital

Terms of Use

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 website (the “FSS Link” or “Website”). Please read these Terms of Use (as amended from time to time, these “Terms” or “Terms of Use”) carefully before you start to use the Services (as defined below) provided through this Website. All access and use of the Services is subject to the terms and conditions contained in these Terms of Use. By clicking to accept these Terms of Use and/or by accessing, browsing, or otherwise using the Website or any other aspect of the Services, you acknowledge that you have read, understood, accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (https://www.compassfsslink.org/privacy-policy/), incorporated herein by reference. The Terms of Use apply regardless of how you access or use the Services, whether via personal or institutional computers, mobile devices or otherwise.

Changes to the Terms of Use

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Use were last revised. You may read a current, effective copy of these Terms of Use by visiting the “Terms of Use” link on the Website. We will also notify you of any material changes, either through the Services user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Use. You should periodically visit this page to review the current Terms of Use so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Use, you must not access, browse, or use (or continue to access, browse, or use) the Services.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPASS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

If you do not agree to any of these Terms of Use or the Privacy Policy, do not access, browse, or otherwise use our Services.

Additional Terms

In addition, when using certain features through the Services, you may be subject to any additional terms applicable to such features that may be posted on or within the Services from time to time. All such terms are hereby incorporated by reference into these Terms of Use.

1. Introduction
   1. 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. Through FSS Link, Compass offers Members (as defined below) access to a digital platform through which they can access various resources and tools, including, but not limited to, text and audiovisual materials relating to financial coaching and program management and an interactive discussion board (including any updated or new features, functionality and technology, collectively, the “Services”), depending on the Member’s category of Membership (as defined below). 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 laws applicable to their FSS program.

1. 3. Modifications to Services

Compass reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Compass will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

1. 4. General Practices Regarding Use and Storage

You acknowledge that Compass may establish general practices and limits concerning use of the Services, including the maximum period of time that data or other content (as defined below) will be retained by the Services and the maximum storage space that will be allotted on Compass’ or its third-party service providers’ servers on your behalf. You agree that Compass has no responsibility or liability for the deletion or failure to store any data or other content uploaded (as defined below) through or by the Services. You acknowledge that Compass reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Compass reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

2. Member Registration

This Section describes who is authorized to access FSS Link, the registration process for becoming a Member and the various membership levels. Users who have registered for our Services (“Members”) can access our video, images, information, data, text, software, sound, photographs, graphics, messages, and other materials (“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.

1. 1. Legal Age

The Services are 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 these eligibility requirements. You must not access or use our Services if you do not meet all of these requirements.

1. 2. Registration

All users must register with FSS Link by accessing this link. The Services are available to Members at three levels, as further described here.

• During the registration process, you will be asked to provide specific registration details or other personal information (e.g., name and email address). How your data is collected and stored is described in further detail in our Privacy Policy.
• When creating your account, you agree that you will provide current, complete, and accurate information about yourself as prompted by the Services’ registration form, and you agree that you will update your account information as necessary to keep it current, complete, and accurate. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures (“Member Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity, or allow any other person to access FSS Link using your Member Credentials. You are responsible for maintaining the confidentiality of your Member Credentials and are fully responsible for any and all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized access to or use of your Member Credentials or any other security breach. You must ensure that you exit from your account at the end of each session when accessing the Services, and you should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use. Compass will not be liable for any loss or damage arising from your failure to comply with this paragraph.

3. Access and License to Compass Content
   1. Ownership; Restrictions

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, text, displays, images, video and audio, and the design, selection and arrangement thereof and all technology and software underlying the Services or distributed in connection therewith), are owned by Compass, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any source code in such software or technology. Any rights not expressly granted herein are reserved by Compass.

1. 2. License to Use Compass Content

These Terms of Use permit Members who have registered with FSS Link to access authorized portions of the Website and the Compass Content contained therein during the Membership Term (as defined below) for the limited purpose of enhancing the effectiveness of the Member’s FSS Program(s) identified during Member’s registration for FSS Link (the “Purpose”).

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 with more than one FSS Program, then Member must register each FSS Program under a separate membership with FSS Link. Please get in touch with 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. However, the foregoing does not apply to User Contributions (as defined below) owned by you that you upload to or make available through the Services in accordance with these Terms of Use. Any use of the Services or the Compass Content other than as specifically authorized herein is strictly prohibited.

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:

1. 1. 1. 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.

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:

1. 2. 2. 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:
         1. all such activities are in furtherance of the Purpose and for no other purpose;
         2. 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;
         3. 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;
         4. you may only modify, edit or create derivative works of Compass Content, or those portions of such Compass Content (such as through a fillable template), that Compass has expressly identified as modifiable by you pursuant to your membership level (“Modified Version(s)”).
         5. All use and distribution of Compass Content and Modified Version(s), as permitted hereunder, must be consistent with these Terms of Use, your membership level and Compass’s mission, and must comport with the standards of quality commensurate with the quality of content provided by Compass.
   3. License to Use Modified Version(s)

When you create Modified Version(s), you grant us and our successors and assigns the perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (directly and indirectly through multiple tiers), and transferable right and license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties the Modified Version(s) for any purpose consistent with Compass’s mission, as such mission may evolve and be updated from time to time. You further agree that, upon request, you will modify such Modified Version(s) according to our reasonable requests, in order to bring such materials into compliance with these Terms of Use (as they may be modified from time to time) and/or to ensure that the Modified Version(s) you are using do not harm the reputation or intellectual property rights of Compass and its licensors. If you wish to make any use of material on FSS Link other than that set out in this section, please address your request to [email protected].

1. 4. 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 of 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 us at [email protected].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of FSS Link in breach of the Terms of Use, your right to use FSS Link will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, including any Modified Versions. No right, title or interest in or to FSS Link or any content on FSS Link is transferred to you, and all rights not expressly granted are reserved by Compass. Any use of FSS Link not expressly permitted by these Terms of Use is a breach of these Terms of Use.

1. 5. End of Membership Term

Upon the termination, cancellation or expiration of the Membership Term (as defined in Section 7 below), the licenses set out above shall terminate.  After the termination, cancellation or expiration of the Membership Term, Member may not continue to download Compass Content, or modify, edit, make derivative works based upon or incorporating, use or otherwise exploit the Compass Content or any Modified Versions. Upon any termination, cancellation or expiration of the Membership Term, Member will promptly (a) return or destroy all Compass Content or Modified Versions in Member’s possession and any copies thereof, and (b) destroy any electronic or otherwise non-returnable embodiments of the Compass Content or Modified Versions.

4. Accessing the Services and Account Security

Compass hereby grants you a limited, personal, non-exclusive, fully revocable license to access and use the Services as set forth in these Terms of Use, provided that:

4. 1. 1. 1. You do not distribute any part of the Services (other than User Contributions owned by you, and, if applicable to your membership level, Compass Content pursuant to the license granted in these Terms of Use) in any medium without our prior written authorization;
         2. 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
         3. You otherwise comply with these Terms of Use.
5. User Contributions

FSS Link contains a discussion board, messaging tools, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow Members to post, upload, submit, publish, maintain, display or transmit to other Members or users (hereinafter, “post” or “upload”) content or materials (collectively, “User Contributions”) on or through FSS Link. User Contributions may be used, distributed and published by Compass and viewed by all users of our Services. By using the Interactive Services, you are opting to receive messages from other Users. You also give us permission to display your name, organization, and title on any posts where you participate or publish new content. You understand that we do not guarantee any confidentiality with respect to any User Contributions. All User Contributions must comply with the Content Standards set out in these Terms of Use and our Community Guidelines (https://www.compassfsslink.org/community-guidelines/).

1. 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, warrant and covenant that:

1. 1. 1. 1. You own or control all rights, title and interest in and to the User Contributions, including all copyrights therein, 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.
         2. 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
         3. You have the written consent, release, and/or permission of each and every identifiable person or organization in your User Contribution to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Contributions in the manner contemplated by the Services and these Terms of Use.

You further affirm, represent and warrant that your User Contributions are not defamatory or libelous in any manner whatsoever.

1. 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 and our successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up, sublicensable (directly and indirectly through multiple tiers), and transferable right and license to copy, modify, and otherwise use, post and store User Contributions on our Services and servers and publish, distribute, perform and display such User Contributions in connection with our Services, in any form, medium or technology now known or later developed, 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.

1. 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. You are solely responsible for all User Contributions. Compass reserves the right to investigate and take appropriate legal action against anyone who, in Compass’ sole discretion, violates this provision, including removing the offending content from the Services, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. 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, proprietary or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• 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 the User Contributions emanate from or are endorsed by us or any other person or entity, if this is not the case.
• Violate the FSS Community Guidelines (https://www.compassfsslink.org/community-guidelines/).

Compass does not endorse any User Contribution or any opinion, recommendation, or advice expressed therein.

1. 4. Consent to Exposure to User Contributions

You understand and acknowledge that you are solely responsible for your interactions with any other user in connection with the Services and Compass will have no liability or responsibility with respect thereto, and that you may be exposed to User Contributions that are inaccurate, offensive, or objectionable. Compass reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services. 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.

6. Third-Party Websites

FSS Link may contain links to other third-party websites that are not owned or controlled by Compass (“Third-Party Sites”). You may be subject to additional terms and conditions that may apply when you use any Third-Party Sites and Compass has no control over, and assumes no responsibility for, the products, services, content, privacy policies or practices of any Third-Party Sites. If you decide to access any Third-Party Site linked to our Services, you do so entirely at your own risk. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website that you visit.

7. Term

The rights granted to you as a Member extend from the time of your registration until the earlier of (a) the expiration of the Member’s membership, or (b) cancellation or termination of the Member’s FSS Link Account (“Membership Term”).

8. Trademarks and Proprietary Notices

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 (collectively, “Trademarks”). You must not use such Trademarks without the prior written permission of Compass, and nothing in these Terms of Use or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to our exclusive benefit. All other names, logos, product and service names, designs and slogans on FSS Link are the trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Compass. Where our Trademarks, or any trademark, copyright or other proprietary notices, watermarks, legends, symbols or labels (collectively, “Proprietary Notices”), appear on Compass Content, you may not modify, obscure or remove such Trademarks or Proprietary Notices.

9. Prohibited Uses

You may use FSS Link only for lawful purposes and in accordance with these Terms of Use. You agree not to use FSS Link:

• 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 copy or create content using the Compass Content for commercial activities or resale.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in Section 5.3 of the Terms of Use.
• To upload any material that you do not have a right to upload under any law or under contractual or fiduciary relationships.
• To upload any material that poses or creates a privacy or security risk to any person.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, “pyramid schemes”, “contests”, “sweepstakes”, or any other similar solicitation.
• Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
• To solicit personal information from anyone under the age of 18.
• 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.
• Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Services.
• 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, or otherwise engage in any similar data gathering or extraction methods.
• 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, other malicious or technologically harmful material 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.
• 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 or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
• 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.

If you are blocked by Compass from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

10. 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.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of FSS Link or the public or could create liability for Compass.
• 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.
• Terminate or suspend your access to all or part of FSS Link for any or no reason at our sole discretion, including without limitation, any violation of these Terms of Use.

You acknowledge and agree that Compass may preserve User Contributions and may also disclose User Contributions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Compass, its users, or the public. You understand that the technical processing and transmission of the Services, including your User Contributions, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

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 and under no circumstances will Compass be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Without limiting the foregoing, Compass and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Compass, in its sole discretion, to be otherwise objectionable.

11. Copyright Infringement; Digital Millennium Copyright Act
    1. Notification

Compass respects the intellectual property of others, and we ask our users to do the same. If you are a copyright owner or an agent thereof and believe that any User Contribution or other content infringes upon your copyright, or that your intellectual property rights have been otherwise violated, you should notify Compass of your infringement claim in accordance with the procedure set forth below.

Compass will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. You may submit a written notification pursuant to the DMCA by providing our Copyright Agent (listed below) with the following information:

1. 1. 1. 1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
         2. Identification of the copyrighted work or other intellectual property claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works or other intellectual property on the Services;
         3. Identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;
         4. Your address, telephone number, and e-mail address;
         5. A written statement by you that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
         6. A written statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Our designated Copyright Agent for notice of claims of infringement is:

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.

1. 2. Counter-Notification

If you believe that any User Contribution of yours that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Contribution, you may send a written counter notification containing the following information to the Copyright Agent:

1. 1. 1. 1. Your physical or electronic signature;
         2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
         3. A statement by you, made 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 content to be removed or disabled; and
         4. 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 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 informing them that Compass may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Compass or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter notification, at our sole discretion.

1. 3. Repeat Infringer Policy and 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.

12. 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.

13. Online Purchases and Other Terms and Conditions
    1. Fees

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 final and non-refundable, regardless of whether we exercise our right to terminate, cancel or suspend your account. You represent and warrant to Compass that any information you provide regarding your credit card or other payment instrument is true and that you are authorized to use the payment instrument. You will promptly update your account information with Compass or the Third-Party Provider (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Compass the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Compass (through the Third-Party Provider) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Compass know within sixty (60) days after the date that Compass charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change Compass’s prices. If Compass does change prices, Compass will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Compass’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Services, other than taxes based on Compass’s net income.

1. 2. Payment Processing

Notwithstanding any amounts owed to Compass hereunder, COMPASS DOES NOT PROCESS PAYMENT FOR ANY SERVICES. We use the services of third parties to facilitate and 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. These payment processing services are provided by Third-Party Providers and are subject to (a) the applicable Third-Party Provider’s terms and conditions, privacy policy, all other relevant agreements (collectively, the “Third-Party Provider Agreements”), including without limitation the Stripe General Terms of Service made available at https:// https://stripe.com/legal/ssa, and (b) compliance with all applicable laws, rules and regulations, including without limitation the Nacha Operating Rules for ACH payments made available at https://www.nacha.org/rules/new. By agreeing to these Terms of Use, you also agree to be and are hereby bound by the applicable Third-Party Provider Agreement for the payment function you are using, as the same may be modified by the applicable Third-Party Provider from time to time. You hereby authorize the applicable Third-Party Provider to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Services. Please contact the applicable Third-Party Provider for more information. Compass assumes no liability or responsibility for any payments you make through the Services.

14. 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.

15. 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 those 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, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE ABOVE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Limitation of 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.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” AND THE FOLLOWING SECTION TITLED “INDEMNIFICATION” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

17. Indemnification

You agree to defend, indemnify and hold harmless Compass, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, agents, successors and assigns (collectively, the “Compass Parties”) from and against any claims, losses, liabilities, damages, expenses, (including legal fees), rights, claims, actions of any kind, and injury (including death) arising out of or relating to your violation of these Terms of Use or any Third-Party Provider Agreement, your use of FSS Link, including, but not limited to, your User Contributions, any use of the Services, the Compass Content or the Compass Content other than as expressly authorized in these Terms of Use, your use and/or reliance upon any information obtained from FSS Link, your violation of the rights of another, any use of the payment processing services and your negligence and willful misconduct. Compass will provide notice to you of any such claim, suit, or proceeding. Compass reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Compass’ defense of such matter. You may not settle or compromise any claim against the Compass Parties without Compass’ written consent..

18. Governing Law; Arbitration
    1. Governing Law

All matters relating to FSS Link and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

18.2 Agreement to Arbitrate

Sections 18.2 through 18.9 are collectively referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Compass, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Services, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and Compass are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

18.3 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND COMPASS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPASS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

18.4 Pre-Arbitration Dispute Resolution

Compass is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Compass should be sent to Compass Working Capital, Inc., PO Box 51609, Boston, MA 02205 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Compass and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Compass may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Compass or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Compass is entitled.

18.5 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Compass and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Compass agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

18.6 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  To the extent any Arbitration Fees are not specifically allocated to either Compass or you under the AAA Rules, Compass and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Compass will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Compass will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

18.7 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

18.8 Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Use will continue to apply.

18.9 Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Use to the contrary, Compass agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Compass written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

19. Waiver and Severability

No waiver of by Compass of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Compass to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

20. Entire Agreement

The Terms of Use, including our Privacy Policy and the terms and conditions set out in our agreement with the Network Member that has designated the relevant Member, constitute the sole and entire agreement between you and Compass with respect to FSS Link and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to FSS Link. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of Compass, but Compass may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. As used in these Terms of Use, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Services. Compass will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Compass’ reasonable control.

21. Notice for California Users

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us in writing at Compass Working Capital, Inc., PO Box 51609, Boston, MA 02205 or by phone at (617) 790-0810.

22. 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 perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (directly and indirectly through multiple tiers) and transferable right and license to distribute, disclose, publish, modify, reproduce, edit or otherwise use your submissions without restriction of any kind. 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.