censored coto de caza dwelinglive website contract

8/9/2019 Censored Coto de Caza DwelingLIVE Website Contract

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A brief review of the Agreement between CZ

Master Association and dwelingLIVE

Overview

A definitive conclusion from a cursory review of theAgreement between CZ Master Association anddwelingLIVE clearly is that the agreements reflects poorlyon everyone involved including Keystone, legal counsel

and the CZ Master board of directors. No wonder theassociation insists that on legal counsel's advice" under Civil Code Section 1365.2, a member is entitled to acopy of "executed contracts," not otherwise privileged.

Thus, you are not entitled to the statement of work, bids, or

selection criteria, which are executive session privileged

documents"

The description of work is so poorly done, that it clearly failsto address Californias Information Practices Act, forexample

No evidence available that there is a compelling argumentto switch over to a fourth website in five years: eitherbecause the quality of service significantly improves, costsare significantly reduces or because security enhancementwere added. Quite the contrary.


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Payment Or Payola?

Exhibit B describes a recurring charge for the website of$10,000 per year in addition to consumables such asthermal guest passes and transponders. My previousinvestigation into the cost of the thermal passes reveals acost of around $125,000 per year.

Additionally, dwelingLIVE is granted permission to contractwith third parties to place advertising on the associationswebsite. The websites monthly cost of $995.00 is reducedby the gross amount of any compensation Contractorreceives..If Contractor receives other than a monetary formof compensation for any advertising place placed onAssociations website, then the parties shall reasonablycooperate it assign a monetary value to said nonmonetarycompensation..


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Inconsistencies a freshman paralegal can detect:

Article 23 of the agreement states that Each party acknowledges that is hasbeen given the opportunity to have its independent counsel review thisAgreement prior to executing it.

Article 12 states in part Contractor shall not, without the express writtenconsent of Association, permit any Confidential Information concerning anyresidents in the community to be: (i) used for any solicitation purpose, (ii) usedfor any commercial purpose, or (iii) given, sold, or purchased by any person orentity.

However, Exhibit B states that it is up to the discretion of the CZ Master

Association the content of the website. The terms and conditions for use of thewebsite include the following:

(a) TRAFFIC DATA COLLECTED. We automatically track and collect the

following categories of information when you visit our Site: (1) IP

addresses; (2) domain servers; (3) types of computers accessing the Site;

and (4) types of web browsers used to access the Site (collectively

"Traffic Data"). Traffic Data is anonymous information that does not

personally identify you but is helpful for marketing purposes or for

improving your experience on the Site - This is misleading - an IP address

is my computer's social security number - the same one I use in onlinebanking, for example

(b) PERSONAL INFORMATION COLLECTED. In order for you to access

certain services we require you to provide us with certain information that

personally identifies you ("Personal Information"). Personal Information

includes the following categories of information: (1) Contact Data (such

as your name, mailing address, and e-mail address); and (2) Demographic

Data (such as your zip code, age, and income). If you communicate with

us by e-mail, post messages to any of our chat groups, bulletin boards, or

forums, or otherwise complete online forms, surveys, or contest entries,

any information provided in such communication may be collected as

Personal Information

(c) SALE OF INFORMATION. In order to accommodate changes in ourbusiness, we may sell or buy portions of our company or other

companies or assets, including the information collected through this

Web site. If Company or substantially all of its assets are acquired,

customer information will be one of the assets transferred to the acquirer.


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CIVIL CODESECTION 1798-1798.11798.1. The Legislature declares that the right to privacy

is a personal and fundamental right protected by Section

1 of Article I of the Constitution of California and by the

United States Constitution and that all individuals have aright of privacy in information pertaining to them. The

Legislature further makes the following findings: (a) The

right to privacy is being threatened by the indiscriminate

collection, maintenance, and dissemination of personal

information and the lack of effective laws and legal

remedies. (b) The increasing use of computers and othersophisticated information technology has greatly

magnified the potential risk to individual privacy that can

occur from the maintenance of personal information. (c)

In order to protect the privacy of individuals, it is

necessary that the maintenance and dissemination of

personal information be subject to strict limits.


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censored coto de caza dwelinglive website contract

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