Effective Date: 7/26/2021
Creating a Better Experience for You
All content contained on the Company’s Websites (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions.
We grant you a personal, limited, non-exclusive and revocable license to access and make personal use of the Content in conjunction with your use of the Company’s Websites. No other uses of the Content are authorized or permissible without our express written consent.
You represent, warrant and agree that: you own or otherwise control all of the rights to all data and information that you post or send to us; that all such information is accurate; use of such information does not violate the terms of this Policy or the rights of any third party and will not cause injury to anyone; and, you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such information. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any information or data posted or sent by you or by anyone else.
The content is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions or features contained in any website or the Content will be free of viruses or other harmful components. We make no representations or warranties regarding the use, or the results of use, of any Content, product or service displayed on, offered, made available through, or otherwise related in any way to any Website.
A Website may offer users the ability to utilize the services of third-party providers, such as credit card processing services that are necessary to complete association-related dues or payments through the Website. All issues involving transactions between a third-party service provider and you must be handled with the applicable provider. The Company may try to facilitate the resolution of any such issues, however, you understand and agree that the Company has no control over, or liability for, the acts or omissions of third-party providers. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, Content and materials contained on or accessible through the Company’s Websites and any third-party sites and services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE COMPANY’S WEBSITES OR ANY CONTENT OR FUNCTIONS THEREOF, OR (B) ANY PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE COMPANY’S WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE COMPANY’S WEBSITES; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE COMPANY’S WEBSITES AND/OR SUBMITTED BY YOU TO OR THROUGH THE COMPANY’S WEBSITES; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE COMPANY’S WEBSITES OR $100.00.
The interpretation and enforcement of this Policy shall be governed under the laws of the State of California. The sole and exclusive venue for any and all issues, claims or causes of action arising from or related to this Agreement shall be Orange County, California.
We implement and maintain reasonable security appropriate to the nature of the Personal Information that we collect, use, retain, transfer or otherwise process. Our reasonable security program is implemented and maintained in accordance with applicable law and relevant standards However, there is no perfect security, and reasonable security is a process that involves risk management rather than risk elimination. While we are committed to developing, implementing, maintaining, monitoring and updating a reasonable information security program, no such program can be perfect; in other words, all risk cannot reasonably be eliminated. Data security incidents and breaches can occur due to vulnerabilities, criminal exploits or other factors that cannot reasonably be prevented. Accordingly, while our reasonable security program is designed to manage data security risks and thus help prevent data security incidents and breaches, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security.
Accuracy & Access
Your Personal Information is accurate to the extent that you provide it correctly and accurately to us or to the party collecting such information. Errors that you make when entering your Personal Information may result in erroneous information in the Company’s database. We provide residents with the ability to review and/or correct their information, as described below.
To protect your privacy and security, we may take reasonable steps to verify your identity, such as requiring a password and user ID, before we permit any changes to be made to the Personal Information in our database. To view and change the Personal Information that you directly provided to us, contact us using the information provided below.
We do not collect any personal information about you unless you voluntarily provide it to us or is publicly known. However, you may be required to provide certain personal information to us only when you elect to use certain products or services offered by The Management Trust. These may include: (a) registering for an account on our website or homeowner web portal; (b) signing up for special offers from The Management Trust or selected third parties; (c) sending us an email message; (d) submitting your credit card or other payment information when ordering and purchasing products and services from us. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Sharing with Third Parties
The Management Trust does not sell, rent or lease its customer lists to third parties. The Management Trust may share data with trusted partners to help perform such services, communicate with you via telephone, send you email or postal mail, provide customer support, or arrange for deliveries. From time to time, we may advertise certain third-party services through the Company’s Websites which we feel will be helpful or relevant to you (collectively, “Third Party Services”). Third Party Services may include, but are not limited to, banking and financial services, insurance-related services, payment processing services and property management-related services. Purchase of any product and/or service which is part of any program or marketing plan operated by Agent or its affiliates is voluntary and is not in any manner required by the Management Agreement.
When you click on a link for a Third-Party Service, your Web browser will be re-directed to the third-party provider of the Third-Party Service that you selected. Third party providers may have privacy policies that are different than this Policy, and you should read carefully the privacy policies of those vendors prior to releasing any of your information to them, financial or otherwise.
All such third parties are prohibited from using your personal information except to provide these services on behalf of The Management Trust, and they are required to maintain the confidentiality of your information.
The Management Trust may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Management Trust; (b) protect and defend the rights or property of The Management Trust; and/or (c) act under exigent circumstances to protect the personal safety of customers of The Management Trust, or the public.
Our Commitment to Honoring Your Rights
California Data Privacy Rights
If you are a California resident, you may have certain rights with respect to Personal Information as set forth under California law and explained below.
Shine the Light
California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits California residents to annually request, free of charge, information about the Personal Information (if any) disclosed to third parties for direct marketing purposes in the preceding calendar year.
CCPA Rights of Individuals
This section addresses rights provided to California residents under the California Consumer Privacy Act of 2018 (“CCPA”) regarding the Personal Information we collect. Those rights include the right to know about the Personal Information we collect, the right to request that we delete it and the right to request that we refrain from selling any Personal Information (the “CCPA Rights”).
Personal Information of Minors
The Company’s Websites are not intended for children under the age of 16. We do not knowingly collect or sell Personal Information of children under 16. To protect their privacy, children under the age of 13 are prohibited from using any Company’s Website.
The Management Trust
c/o Director of Communications
15661 Red Hill Ave, Suite 201
Tustin, CA 92780