Terms and Conditions

Dated: May 30,2013

Use

Statements delivered electronically via e-mail to you (“eStatement(s)”) are provided by your Homeowners Association as a convenience to you. Your eStatement(s) will contain the information necessary for you to pay any assessments levied by your Homeowners Association. You are responsible for maintaining access to the Internet and a current email address so that you may receive the eStatement(s).

Warranty, Disclaimers and and Limitation of Liability

The eStatement(s) service is offered on an “as is” basis. FCS disclaims all warranties with respect to this service, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. FCS makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website. FCS does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this website or any materials on this website will meet any users requirement by uninterrupted, timely, secure or error-free.

Under no circumstances, including but not limited to negligence, will your Homeowners Association named in your eStatement(s) application, FCS, or any of their officers, directors, employees, agents, representatives, subsidiaries, parents, successors or assigns be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, eStatement(s). If you are dissatisfied with eStatement(s), or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using eStatement(s).

How to Withdraw Your Consent to Receive eStatement(s)

You may withdraw your consent to receive eStatement(s) by selecting the opt out option in this site, calling the toll-free number below or by sending us a written request at the address below. You will not be charged a fee for withdrawal of your consent. Your withdrawal of consent is effective only after you have communicated your request by calling the number below or sending in a written requested and we have had a reasonable period of time to act upon your request.

Updating Your Information

In the event that your e-mail address is changed, you must update this site with your new e-mail address. Until we have received the change in your e-mail address, you agree that we may continue to send Communications to your previous e-mail address.

Privacy Policy

By your access and use of this website, you hereby agree to the terms of the FCS Privacy Policy, which are incorporated into these Terms and Conditions by this reference. https://FCSnet.opt-e-mail.com/privacy/

Changes to Terms and Conditions

These Terms and Conditions may be modified at any time. All changes will be effective immediately upon their posting on this website or upon notification to you by e-mail at the e-mail address you provide. By continuing to receive the eStatement(s), you agree to all such changes to these Terms and Conditions.

Termination

This agreement is effective until terminated by you or your Homeowners Association, directly or through its agent or eStatement(s). Either you or your Homeowners Association can terminate this service at any time without notice. In the event of termination, you are no longer authorized to access eStatement(s) or entitled to receive any further services. The disclaimers and limitations of liability set forth in this agreement shall survive.

Other

This agreement shall be governed and construed in accordance with the laws of the State of Arizona without giving effect to any conflicts of law principles. If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. Venue for any action arising out of this agreement shall be in the County of Maricopa, State of Arizona.

Contacting Us

If you have any other questions or concerns regarding these Terms and Conditions, please contact us at the below.

BY SUBSCRIBING TO ESTATEMENT(s), YOU AGREE THAT NEITHER YOUR HOMEOWNERS ASSOCIATION, FCS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, PARENTS, SUCCESSORS OR ASSIGNS ARE LIABLE TO YOU FOR ANY FAILURE TO TRANSMIT YOUR eStatement(s) TO YOU FOR ANY REASON WHATSOEVER. YOU AGREE TO PAY YOUR HOMEOWNER ASSOCIATION ASSESSMENTS WHETHER YOU RECEIVE A STATEMENT OR NOT. THERE ARE NO GUARANTEES OR WARRANTIES OF ANY KIND WHATSOEVER ARISING OUT OF YOUR USE OF eStatement(s)S, EITHER EXPRESS OR IMPLIED. YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AND BY THE PRIVACY POLICY. Please print a copy of these Terms and Conditions for your reference.