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Coto de Caza's SupplierGate: Taking Care of Someone Else's Business
Posted
by CotoBlogzz | 06-03-2009 |
11:00 AM
A simple question to the CZ Master association has
turned into SupplierGate: An apparent concerted effort by the board to protect its self-interests instead of the residents who pay their monthly dues.
The simple question is: Given that the community reserves at an all time low, with three dues increase in five years, why would the association implement a fourth website in five years? In other words, where is the analysis that shows CZ residents will benefit significantly from an improved quality of service, or a significant cost
savings?. The response from Vinnie Davis, the
association's general manager: "you are not entitled to the statement of work, bids, or selection criteria, which are executive session privileged
documents." Such non-response drew the ire of former CZ director Joseph Morabito:
"If CZ is not being paid by the web company and the web company is selling our personal information, then the Yocham CZ Board are a bunch of idiots, plain and simple. Or they are morons which ever category is lower. We will see the deal once we get access to the contract. If the CZ Board did this without proper remuneration, they should all be removed from office for malfeasance. Further if our personal information is being sold without member permission, that may be a violation of law. I smell a big rat. This has Varo’s fingerprints all over
it" - But of course, this is vintage
Varo/Mezger, as in the "$1.5 million/year
compelling offer" for security services that saw
the firing of the CHP without a suitable replacement,
and terminated the largest security company in the
world, replacing it with arguably one of the smallest
ones in the region - reported in the February 2006
issue of the CotoBuzz Journal, for instance
We
are not too happy either:
We
are offended that the current CZ board of directors seems
to be more concerned with squeezing as much as
possible from CZ residents to continue
funding subsidies and helping promote FOB’s
businesses.
Take for instance a simple street sign repair.
We
regularly report damaged signs and ask if the
incident has been reported.
The first time we got admonished with “the
association has over 1,000 street signs to maintain”
– even though we were not asking about the total –
simply the damaged ones.
Since the property management company does not
have the time to look after damaged property, the
general manager will now be responsible to review
advertisements to be placed on the new website –
guess which advertisements have been approved so far?
 |
|
Keystone
is doing such a great at discounted rates, the
GM is now in the advertising business - click
to
enlarge |
|
We
are
offended when we see the CZ board pontificate about
what a good neighbor the CZ resident should be, the
using that resident's money to subside
non-dues paying members and other
businesses.
 |
|
From
June 2009 CZ Newsletter - a Trespasser
in my own turf - remember the Skendarina
Lawsuit? - Should a similar sign be posted for
Equestrians using horse trails? - click to
enlarge |
Particularly
when the same board goes out of its way to encourage
vehicle code violations by golf club patrons by
installing "golfer crossing signs" at the
most dangerous roads in the community.
 |
“If
you are hosting an event at your home, please
review the community rules and regulations
regarding parking…..ultimately, you the
homeowner are responsible for any violations
of our rules by your guests”
writes the president in the June 2009
newsletter.
And
while
the association does not “condone children
playing in the streets”, it seems to
encourage vehicle code violations by funding
“golfer
crossing signs” in the community’s
most dangerous roads. Not
only that, but CZ resident are also
responsible for violations of those you
subsidize, such as the ones detailed in the Skendarian
DUI lawsuit. And like a Changeling
Neighbor, CZ is there |
|
Encouraging
Golfers to break vehicle code in community's
most dangerous roads |
|
Then there are the private security (UPS) patrols being
used as a courier service for Keystone personnel and
the board.
Then there is the president endorsing the dwellingLive.com
apt for advertisements.
 |
|
Reckless
disregard for privacy and security- click
to enlarge |
What is most appalling is the reckless disregard for privacy
and security – even when asked, a light bulb should
have gone on. Apparently
there is no one there.
 |
| Remember
there are many ways to pay to play.
Journalists Pen to Play.
Recreational facilities Share to Play.
Restaurants Dine to Play.
Blago makes them pay to play.
Take your pick - click
to enlarge |
This
reminder to Mr. Morabito: Remember there are many ways to pay to play.
Journalists Pen to Play.
Recreational facilities Share to Play.
Restaurants Dine to Play.
Blago makes them pay to play.
Take your pick
In
any case, we have asked Ms Davis to confirm
that the following statement is not a personal
opinion, but a legal opinion expressed by the CZ
Master association’s legal counsel:
“In a review of your request please note
that under Civil Code Section 1365.2, a member is
entitled to a copy 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.” -
Vincentia
Davis, CCAM, June 2, 2009, referencing request for
Inspection of Records related to dwellinglive.com
website.
We
have also reminded Ms Davis thatt
legal counsel is not intended to represent an
individual board member, nor the board, but rather, it
should be looking out for the interests of those who
pay the invoices.
2009 CZ Delegates responsible for status quo -
take a moment to thank them if you like the insanity
in
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 |
Comments.
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for any losses incurred by Company, its affiliates,
officers, directors, employees, consultants, agents,
and representatives due to someone else's use of your
account or password.
3. USE OF SOFTWARE. Company may make
certain software available to you from the Site. If
you download software from the Site, the software,
including all files and images contained in or
generated by the software, and accompanying data
(collectively, "Software") are deemed to be
licensed to you by Company, for your personal,
noncommercial, use only. Company does not transfer
either the title or the intellectual property rights
to the Software, and Company retains full and complete
title to the Software as well as all intellectual
property rights therein. You may not sell,
redistribute, or reproduce the Software, nor may you
decompile, reverse-engineer, disassemble, or otherwise
convert the Software to a human-perceivable form. All
trademarks and logos are owned by Company or its
licensors and you may not copy or use them in any
manner. You are prohibited from "linking"
the Site or the Service to any third party website and
Company reserves the right to disable links from third
party sites to the website. You are further prohibited
from performing meta-searches of the Site or the
Service, or sending automated queries to the Site or
the Service.
4. USER CONTENT. You grant Company a
license to use the materials you post to the Site or
Service. By posting, downloading, displaying,
performing, transmitting, or otherwise distributing
information or other content ("User
Content") to the Site or Service, you are
granting Company, its affiliates, officers, directors,
employees, consultants, agents, and representatives a
license to use User Content in connection with the
operation of the Internet business of Company, its
affiliates, officers, directors, employees,
consultants, agents, and representatives, including
without limitation, a right to copy, distribute,
transmit, publicly display, publicly perform,
reproduce, edit, translate, and reformat User Content.
You will not be compensated for any User Content. You
agree that Company may publish or otherwise disclose
your name in connection with your User Content. By
posting User Content on the Site or Service, you
warrant and represent that you own the rights to the
User Content or are otherwise authorized to post,
distribute, display, perform, transmit, or otherwise
distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site or using the Service, you
agree to obey the law and to respect the intellectual
property rights of others. Your use of the Service and
the Site is at all times governed by and subject to
laws regarding copyright ownership and use of
intellectual property. You agree not to upload,
download, display, perform, transmit, or otherwise
distribute any information or content (collectively,
"Content") in violation of any third party's
copyrights, trademarks, or other intellectual property
or proprietary rights. You agree to abide by laws
regarding copyright ownership and use of intellectual
property, and you shall be solely responsible for any
violations of any relevant laws and for any
infringements of third party rights caused by any
Content you provide or transmit, or that is provided
or transmitted using your User ID. The burden of
proving that any Content does not violate any laws or
third party rights rests solely with you.
6. INAPPROPRIATE CONTENT. You shall
not make the following types of Content available. You
agree not to upload, download, display, perform,
transmit, or otherwise distribute any Content that (a)
is libelous, defamatory, obscene, pornographic,
abusive, or threatening; (b) advocates or encourages
conduct that could constitute a criminal offense, give
rise to civil liability, or otherwise violate any
applicable local, state, national, or foreign law or
regulation; or (c) advertises or otherwise solicits
funds or is a solicitation for goods or services. You
further agree not to upload, download, display,
perform, transmit, or otherwise distribute to the Site
or Service any surveys, contests, pyramid schemes,
chain letters, junk mail, spam, unsolicited messages,
viruses, trojan horses, worms, time bombs, cancelbots,
corrupted files, or similar software. You also agree
not to use metatag searches of the Site or the Service
or create a false identity for the purpose of
misleading others. Company reserves the right to
terminate your receipt, transmission, or other
distribution of any such material using the Site or
the Service, and, if applicable, to delete any such
material from its servers. Company intends to
cooperate fully with any law enforcement officials or
agencies in the investigation of any violation of
these Terms of Use or of any applicable laws.
7. COPYRIGHT INFRINGEMENT. Company
has in place certain legally mandated procedures
regarding allegations of copyright infringement
occurring on the Site or with the Service. Company has
adopted a policy that provides for the immediate
suspension and/or termination of any Site or Service
user who is found to have infringed on the rights of
Company or of a third party, or otherwise violated any
intellectual property laws or regulations. Company's
policy is to investigate any allegations of copyright
infringement brought to its attention. If you have
evidence, know, or have a good faith belief that your
rights or the rights of a third party have been
violated and you want Company to delete, edit, or
disable the material in question, you must provide
Company with all of the following information: (a) a
physical or electronic signature of a person
authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works are
covered by a single notification, a representative
list of such works; (c) identification of the material
that is claimed to be infringed or to be the subject
of infringing activity and that is to be removed or
access to which is to be disabled, and information
reasonably sufficient to permit Company to locate the
material; (d) information reasonably sufficient to
permit Company to contact you, such as an address,
telephone number, and if available, an electronic mail
address at which you may be contacted; (e) a statement
that you have a good faith belief that use of the
material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and (f)
a statement that the information in the notification
is accurate, and under penalty of perjury, that you
are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. For this
notification to be effective, you must provide it to
Company's designated agent at:
dwellingLIVE,
Inc.
3186-E2 Airway Avenue, Costa Mesa, CA 92626
(800) 975-6881
8. ALLEGED VIOLATIONS. Company
reserves the right to terminate your use of the
Service and/or the Site. To ensure that Company
provides a high quality experience for you and for
other users of the Site and the Service, you agree
that Company or its representatives may access your
account and records on a case-by-case basis to
investigate complaints or allegations of abuse,
infringement of third party rights, or other
unauthorized uses of the Site or the Service. Company
does not intend to disclose the existence or
occurrence of such an investigation unless required by
law, but Company reserves the right to terminate your
account or your access to the Site immediately, with
or without notice to you, and without liability to
you, if Company believes that you have violated any of
the Terms of Use, furnished Company with false or
misleading information, or interfered with use of the
Site or the Service by others.
9. NO WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES.
COMPANY IS MAKING THE SITE AVAILABLE "AS IS"
WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF
ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY
TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES
NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. COMPANY'S
LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE
LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT
LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE
FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN
CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER
MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This
limitation shall apply regardless of whether the
damages arise out of breach of contract, tort, or any
other legal theory or form of action.
11. AFFILIATED SITES
AND THIRD PARTY CONTENT.
Company has no control over, and no liability for any
third party websites or materials. Company works with
a number of partners and affiliates whose Internet
sites may be linked with the Site. Because neither
Company nor the Site has control over the content and
performance of these partner and affiliate sites,
Company makes no guarantees about the accuracy,
currency, content, or quality of the information
provided by such sites, and Company assumes no
responsibility for unintended, objectionable,
inaccurate, misleading, or unlawful content that may
reside on those sites.
Similarly, from time to time in connection with your
use of the Site, you may have access to content items
(including, but not limited to, websites) that are
owned and/or posted to the Site or the Service by
third parties. You acknowledge and agree that Company
makes no guarantees about, and assumes no
responsibility for, the accuracy, currency, content,
quality or unlawfulness of this third party content,
and that, unless expressly provided otherwise, these
Terms of Use shall govern your use of any and all
third party content. Any User Content, including, but
not limited to, information, website links, opinions,
statements, services, advice, offers, or other content
posted on this Site by any person or entity,
including, but not limited to, manufacturers,
distributors, users, or others, are those of that
person only and do not state or reflect the content,
information, opinions, statements, services, advice or
offers of dwellingLIVE, Inc. Any references to any
commercial products or services by trade name,
trademark, manufacturer, or otherwise, do not
constitute or imply its endorsement, recommendation,
or favoring by dwellingLIVE, Inc.
12. PROHIBITED USES. Company imposes
certain restrictions on your permissible use of the
Site and the Service. You are prohibited from
violating or attempting to violate any security
features of the Site or Service, including, without
limitation, (a) accessing content or data not intended
for you, or logging onto a server or account that you
are not authorized to access; (b) attempting to probe,
scan, or test the vulnerability of the Service, the
Site, or any associated system or network, or to
breach security or authentication measures without
proper authorization; (c) interfering or attempting to
interfere with service to any user, host, or network,
including, without limitation, by means of submitting
a virus to the Site or Service, overloading,
"flooding," "spamming," "mail
bombing," or "crashing;" (d) using the
Site or Service to send unsolicited e-mail, including,
without limitation, promotions, or advertisements for
products or services; (e) forging any TCP/IP packet
header or any part of the header information in any
e-mail or in any posting using the Service; or (f)
attempting to modify, reverse-engineer, decompile,
disassemble, or otherwise reduce or attempt to reduce
to a human-perceivable form any of the source code
used by Company in providing the Site or Service. Any
violation of system or network security may subject
you to civil and/or criminal liability.
13. INDEMNITY.
You agree to indemnify Company for certain of your
acts and omissions. You agree to indemnify, defend,
and hold harmless Company, its affiliates, officers,
directors, employees, consultants, agents, and
representatives from any and all third party
claims, losses, liability, damages, and/or costs
(including reasonable attorney fees and costs) arising
from your access to or use of the Site, your violation
of these Terms of Use, or your infringement, or
infringement by any other user of your account, of any
intellectual property or other right of any person or
entity. Company will notify you promptly of any such
claim, loss, liability, or demand, and will provide
you with reasonable assistance, at your expense, in
defending any such claim, loss, liability, damage, or
cost.
14. COPYRIGHT AND TRADEMARKS. All
contents of Site or Service are: Copyright © 2008
Company, 3186-E2 Airway Avenue, Costa Mesa, CA 92626.
All rights reserved.
dwellingLIVE, Inc. and dwellingLIVE are trademarks of
dwellingLIVE, Inc. and your use of those trademarks
are strictly prohibited without the express written
consent of dwellingLIVE, Inc. The absence of a name or
logo in this list does not constitute a waiver of any
and all intellectual property rights that dwellingLIVE,
Inc. has established in any of its product, feature,
or service names or logos.
15. GOVERNING LAW. These Terms of Use
shall be construed in accordance with and governed by
the laws of the United States and the State of
California, without reference to their rules regarding
conflicts of law. You hereby irrevocably consent to
the exclusive jurisdiction of the state or federal
courts in the County of Orange, California, USA
in all disputes arising out of or related to the use
of the Site or Service.
16. SEVERABILITY; WAIVER. If, for
whatever reason, a court of competent jurisdiction
finds any term or condition in these Terms of Use to
be unenforceable, all other terms and conditions will
remain unaffected and in full force and effect. No
waiver of any breach of any provision of these Terms
of Use shall constitute a waiver of any prior,
concurrent, or subsequent breach of the same or any
other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an
authorized representative of the waiving party.
17. NO LICENSE. Nothing contained on
the Site should be understood as granting you a
license to use any of the trademarks, service marks,
or logos owned by Company or by any third party.
18. CALIFORNIA USE ONLY. The Site is
controlled and operated by Company from its offices in
the State of California. Company makes no
representation that any of the materials or the
services to which you have been given access are
available or appropriate for use in other locations.
Your use of or access to the Site should not be
construed as Company's purposefully availing itself of
the benefits or privilege of doing business in any
state or jurisdiction other than California.
19. MODIFICATIONS. Company may, in
its sole discretion and without prior notice, (a)
revise these Terms of Use; (b) modify the Site and/or
the Service; and (c) discontinue the Site and/or
Service at any time. Company shall post any revision
to these Terms of Use to the Site, and the revision
shall be effective immediately on such posting. You
agree to review these Terms of Use and other online
policies posted on the Site periodically to be aware
of any revisions. You agree that, by continuing to use
or access the Site following notice of any revision,
you shall abide by any such revision.
20. ENTIRE AGREEMENT. This Agreement
shall serve as the entire Agreement between You and
dwellingLIVE, Inc.
21. ACKNOWLEDGEMENT. BY USING THE SERVICE OR
ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ
THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
FOX
NETWORK TIPS TO AVOID IDENTITY THEFT:
The FOX Network ran a
piece on Identify Theft and what to do about it over
the weekend- Based on this piece, it is safe to
conclude that those concerned with identify theft
should opt-out from the new CZ website - not only
because users give away rights and pick up additional
liability, but because the board and the property
management company seem to be deliberately misleading
users.
This is for example the answer from Vinnie Davies when
we asked what security measures were taken. He
response " Simple
data transfer from controllers that were and are
password protected; no cost to association for set up
and no additional monthly costs incurred either."
- Vinnie Davis 5-28-2009
Further, Ms Davis implied that use of the website was
safe, but the costs far outweighed the risks:
"The new website combined the guest management
program with the CZ website so residents now have only
1 place to go for information. The new website is more
interactive with additional features we did not have
available before. I hope you will be pleasantly
surprised."
Now compare to what others have to say about identity
theft and what CZ website users have given up - see
below:
Risk
of ID Theft Increases at Tax Time
Identity theft is on the rise. Tax time could make you
more vulnerable, and peer-to-peer file sharing of
movies and music can leave you more exposed.
4
DMVs Ban Smiles on Driver's Licenses
Several departments of motor vehicles across the
country are asking people to wipe that grin of their
faces when posing for driver's license photos.
According to USA Today, it's an effort to battle
identity theft.
http://www.myfoxal.com/dpp/news/national/dpgo_dmv_ban_smiles_on_dri...
Scammers
Use iTunes to Drain Accounts?
It's a huge scam that's so sneaky you may not even
know you've been hit till it's too late. Victims
across the country are complaining they've been left
holding the bag for iTunes charges they never made.
They blame cyber-scammers who use financial ...
http://www.myfoxal.com/dpp/business/money_10/090518_Scammers_iTunes...
2008:
The Year of Identity Theft Data breaches in
the United States increased 47 percent in 2008 from
the year before and were more than the previous four
years combined, according to Cnet.com.
http://www.myfoxal.com/dpp/news/dpgo_2008_The_Year_of_Identity_Thef...
http://www.foxnews.com/story/0,2933,207372,00.html
AOL Sorry for Releasing User Search Data to
Researchers
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