Membership Policies
1. Acceptance of Terms of Service
These Terms of Service set forth the terms and conditions that apply to your use of Compass, Inc. From time to time, Compass may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the site to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING COMPASS, INC, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH COMPASS. If you do not agree to be bound by these Terms of Service, please discontinue your use of the site. The Compass site is provided free of charge to you (unless otherwise indicated).
Although portions of the Compass site may be viewed simply by visiting the relevant web site, in order to access the CoachCasts™ and/or receive additional services from Compass you need to register as a member of the Compass, Inc. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Compass, Inc site, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
2. Registration Information/Privacy Policy
When you register for Compass, Inc, you will be required to provide Compass with the following information: your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide Compass with additional information, including your mailing address, household income, education, marital status and employment status.
Any information provided by you or gathered by Compass during any visit to the Compass site shall be subject to the terms of Compass Privacy Policy, which are incorporated herein by reference. Click here if you wish to read Compass’ Privacy Policy.
3. Termination
Compass reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access Compass and/or any other service, tool, specific content, digital products, products, courses or events provided to you by Compass upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
Compass may modify these Terms of Service from time to time in its sole discretion. Each time you use Compass, Inc, you will be deemed to have accepted any such changes. Compass shall have no obligation to notify you of any such changes other then posting such modifications on Compass site, but Compass reserves the right (at Compass’ discretion) to provide you notice of such changes to any e-mail address you have provided to Compass, or post office address you have provided to Compass.
5. Modifications of the Compass site
Compass may modify or discontinue on the Compass site, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of the Compass site
A. Content of Messages You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on Compass, including, but not limited to, any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of Compass that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Compass assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of Compass. Compass further assumes no responsibility for the deletion of or failure to store e-mail messages.
You further agree that you will not use Compass to post on profiles, comments or any place on the Compass site, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your comment or otherwise on the Compass site. Compass reserves the right to delete any such material from the Compass site.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Compass. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the Compass site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on the Compass site is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Compass site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that Compass may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of the Compass site, including public profiles or comments, you grant Compass a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the Compass site retains any and all Rights that may exist in such content. Compass is not obligated to review content posted by users prior to the content's posting to any area of the Compass site, including any private profile. Content posted by any user to the Compass site does not reflect the opinions or views of Compass, its coaches, representatives or affiliates. ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY COMMENT, PROFILE OR ANY OTHER AREA ON THE COMPASS SITE, YOU HEREBY EXPRESSLY PERMIT COMPASS TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY COMPASS’ LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
B. Non Commercial Use Compass, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of the Compass site are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by Compass in writing. Illegal and/or unauthorized use of the Compass site, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Compass site is prohibited. Any such use shall be deemed to be a violation of these Terms of Service.
C. Compass Social Networking The Compass Social Networking service allows members to create unique personal profiles, communicate and share materials with other Compass members through tools, such as email, friend invitations, groups, video and photograph uploading, blogs, content rating, comments, calendars, lists and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use the services contained therein. You may set privacy levels to determine whether and who can view your profile, albums or events. Your use of the social networking platform is subject to this Terms of Service and any Additional Terms. You are solely responsible for your interactions with other users.
You may never use another's account without permission. If you become aware of any misuse of the Compass Social Network by any person, please contact Compass.
7. Member Disputes
You are solely responsible for any interaction with other members or visitors of the Compass site. Compass reserves the right but shall have no obligation to monitor disputes between you and any other member of the Compass site.
8. Third Party Services
You may order services or merchandise through the Compass site from partners of Compass ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Compass makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Compass nor will Compass be construed as a party to such transactions, whether or not Compass may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
9. Registration and Password
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify Compass of any unauthorized use of your registration or password.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE COMPASS SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE COMPASS SITE, IS AT YOUR SOLE RISK. THE COMPASS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPASS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
COMPASS MAKES NO WARRANTY THAT THE COMPASS SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE COMPASS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPASS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPASS SITE. COMPASS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE COMPASS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMPASS SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT COMPASS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE COMPASS SITE. COMPASS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER COMPASS NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE COMPASS NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. COMPASS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. COMPASS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE COMPASS SITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE COMPASS SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPASS, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. COMPASS IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE COMPASS SITE. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH COMPASS MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST COMPASS WITH RESPECT TO SUCH SITES. BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, COMPASS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. COMPASS SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE COMPASS SITE, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY COMPASS AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE COMPASS SITE, YOU WAIVE ANY CLAIMS AGAINST COMPASS FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
11. Promotional Messages
Compass may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Compass makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Compass nor such third party shall have any liability with respect thereto.
12. Indemnification
You agree to indemnify and hold each of Compass, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Compass site, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
13. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions. By registering for or entering the Compass site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Sacramento, California.
14. Remedies for Breach of these Terms by You
In the event that Compass determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the Compass site, Compass reserves the right to (i) discontinue your registration(s) with the Compass site and/or any other Compass community; (ii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the Compass site; (iii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iv) any other action which Compass deems to be appropriate. If your registration(s) with or ability to access the Compass site, any other Compass community and/or any other service, product, content, course, event, tool or digital product provided to you by Compass is discontinued by Compss due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the Compass site, then you agree that you shall not attempt to re-register with or access the Compass site, any other Compass community and/or any other digital product, course content or service provided by Compass, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Compass reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), and (iv) of this provision without any notice or warning to you.
15. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Compass may assign its rights and obligations under these Terms of Service and upon such assignment Compass may be relieved of any further obligation hereunder. You represent to Compass that you have the authority to register with or visit the Compass site according to these Terms of Service. Compass does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit the Compass Community and does not permit anyone under the age of 13 to become a member of the Compass Site.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Compass, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Compass reserves the right to terminate free access to the Compass site including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Compass reserves the right (at Compass discretion) to provide you with notice of such change by prominently posting a notice on the Compass site and/or sending written notice to you at any e-mail address you have provided to Compass. Once free access is terminated Compass may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Compass Community and/or any for-pay content, services, digital products, products, events, tools or products.