This website (“Site”) is owned by Richmond Civic League (“we,” “us,” “our”). If we change, adjust, or modify these Terms of Use we will notify all registered users by email or otherwise.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS OF USE, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE, AND YOU MUST NOT ACCESS OR USE THE SITE.
THE DISPUTE RESOLUTION SECTION OF THESE TERMS OF USE CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION 24 FOR MORE INFORMATION REGARDING THE ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THE ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
Definitions
Words and phrases used in these Terms of Use have the definitions given to them in these Terms of Use or, if not
defined herein, have their plain English meaning as co
mmonly interpreted in the United States.
Term
These Terms of Use are entered into as of the date you first access or use the Site (the “Effective Date”) and will
continue until terminated as set forth herein.
Registration
Access to some of the content, services, and features on this Site requires users to register accounts. Each registered account is for a single user only and registration may require you to provide certain personal information, such as your
name, email address, street address, gender, and date of birth. You must be at least 13 years old to register. Our use of personal information is governed by the terms of our Privacy Policy You represent and warrant that the information you have provided to register an account is true, accurate, current, and complete and that you will maintain and
promptly update the information to keep it so. We reserve the right to terminate the registration and deny access to all
or a portion of this Site to any person who violates these Terms of Use.
Passwords
You are responsible for maintaining the confidentiality of any usernames or passwords for your account to access to
this Site, and you agree not to allow any other person or entity to use your usernames or passwords. You will be
responsible for all activity that occurs (whether by you or by others) under your user account or password. You agree to notify us immediately of any unauthorized use of your password or username, or any other breach of security, and to let us know if you wish to cancel a username or password. You also agree to exit from your account at the end of
each session. We cannot, and will not, be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change your account’s username or password at any time and for any
reason.
Security
You are prohibited from trying to compromise security or tamper with system resources and/or accounts. The use or
distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use.
Law Enforcement
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any user that is believed to violate these Terms of Use or any other federal, state, or local
law or regulation. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD US HARMLESS (1) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR AS A RESULT OF, ANINVESTIGATION AND/OR (2) FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES
USE OF THIS SITE
Access
Subject to your agreement and compliance with these Terms of Use, we will permit you to access and use the Site solely for lawful purposes and only in accordance with these Terms of Use and any other written agreement to which
you agree before being given access to any specific part of the Site. Any such additional agreement is in addition to
these Terms of Use. In the event of a conflict between these Terms of Use and such additional agreement, such
additional agreement controls.
Our Intellectual Property
This Site and the content on the Site that we provide (“Our Content”) is owned by us and third party providers and is protected by U.S. and international copyright, trademark, and other intellectual property laws. This Site and Our Content may not be copied, reproduced, republished, uploaded, posted, sold, leased, licensed, sublicensed, transmitted, or distributed without our written permission, except that you may download, display, and print one copy of Our Content on a single computer for your personal, non-commercial use only. You are solely responsible for verifying the accuracy, completeness, and applicability of Our Content and for your use thereof. Except as set forth in these Term of Use, you are granted no licenses or rights in or to any of Our Content, or any intellectual property rights therein or related thereto. “Deep-linking,” “embedding,” or using analogous technology with respect to Our Content or other content is strictly prohibited unless specifically authorized in writing. Unauthorized use of this Site or Our Content or other content on the Site may violate applicable copyright, trademark, or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in Our Content or other content on the Site. The use of Our Content or other content on the Site on any other website or in any environment of networked computers is prohibited. You may establish a hypertext link to this Site, provided the link does not state or imply our sponsorship of the other site and further provided that you do not frame any of Our Content or other content on the Site or incorporate into another website or other service any of our intellectual property.
Submissions
“Submissions” means all (1) comments, feedback, suggestions, email, and similar information or materials you submit
to us including comments to blogs, stories, and community forums, letters to the editor, manuscripts, articles,
photographs, videos, artwork, or any other materials; (2) and any content, including photographs, videos, artwork, and
comments, that you post to our social media properties (e.g., our Facebook page) or that you tag us in by using our
social media handles (e.g., our Twitter or Instagram handle). With respect to each Submission, you represent and agree
that:
- You are the author of the Submission or that you are making the Submission with the express permission of the author/owner;
- The Submission is free from restrictions on publication and does not infringe or violate any existing copyright or other intellectual property right that exists in favor of any other person or entity;
- You are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license touse, copy, modify, transmit, sell, exploit, create derivative works from, distribute, repost, and/or display such Submission, in whole or in part, in any manner or medium now known or hereafter developed;
- You automatically waive any claim that any use of such Submission violates any of your rights, including privacy rights, publicity rights, moral rights, or any other right, including the right to approve the way we use such Submission;
- You are responsible for the content of such Submission and acknowledge that third parties may hold you responsible for content related claims;
- You shall indemnify, defend, and hold harmless us, our parent company and our affiliated entities (including our officers, directors, owners, agents, and employees) from all liability and costs incurred in connection with any claim arising out of any breach by you of the above representations and warranties and for any claims related to such Submission; and
- We have the right to disclose any information related to such Submission that we believe necessary to comply with any law, regulation, or governmental request and provide information related to such Submission that could prevent or assist in the resolution of any criminal, illegal, or inappropriate activity.
Online Conduct
We encourage a free and open exchange of ideas in a climate of mutual respect. We do not control the messages or
postings that are sent to the Site but we, or third parties acting on our behalf, may monitor online conduct to enforce
these Terms of Use. We reserve the right in our sole discretion, but do not assume any obligation, to refuse to post,
remove, or edit any messages or postings sent to the Site, including Submissions. Any action by a user that infringes
on another user’s right to use and enjoy this Site is prohibited. We reserve the right to suspend or terminate your access
to and use of this Site if, in our view, Submissions fail to meet any of our guidelines. You agree that under no circumstances will we be held liable to you, and we specifically disclaim any liabilities to you, for removing, disabling, or restricting access to or the availability of Submissions or other content. It is a condition of your use of the Site that you do not:
- Use the Site for any unlawful purpose or to transmit any material that contains a virus, worm, Trojan horse, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications;
- Use the Site to encourage others to engage in illegal activities or activities that could cause injury to persons
or property;
- Use the Site to upload, post, email, transmit, or otherwise make available content that infringes any patent,
trademark, trade secret, copyright, privacy, publicity, or other proprietary rights of any party;
Use the Site to upload, post, email, transmit, or otherwise make available content that is h
armful to minors in any way, or that is harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or
racially, ethnically, or otherwise objectionable;
- Post any information that is false, misleading, or inaccurate or attempt to interfere with any other person’s use
of the Site;
- Access or attempt to access the Site except as expressly permitted in these Terms of Use;
- Use the Site in any manner that could damage, disable, overburden, or impair the Site;
- Use automated scripts to collect information from, or otherwise interact with, the Site;
- Monitor the availability, performance, or functionality of the Site;
- Interfere with the operation or hosting of the Site;
- Solicit funds, advertisers, or sponsors, or advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting “pyramid” schemes, raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on this Site;
- Hold yourself out as sponsored by, endorsed by, or affiliated with, us;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs
used by us in connection with the Site; or,
- Post hyperlinks to other sites containing content prohibited by the Terms of Use.
To report a complaint, please use the Report Abuse button next to the content you wish to report
TERMINATION AND SUSPENSION
These Terms of Use may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms of Use. Upon termination of these Terms for any reason: (1) all rights granted to you under these Terms of Use will terminate; (2) you will immediately cease all use of and access to the Site; and (3) we may, in our sole discretion, delete your account at any time and/or block your access to the Site.
Provisions which by their inherent meanings are to survive the termination of these Terms of Use will so survive. Without limiting our right to terminate these Terms of Use, we may also suspend your access to the Site, with or without notice to you, upon any actual, threatened, or suspected breach of these Terms of Use or applicable law or upon any other conduct deemed by us to be inappropriate or detrimental to us, the Site, or any other user or third party.
YOUR WARRANTIES
You hereby represent and warrant to us that: (a) you have the legal right and authority to enter into these Terms of
Use; (b) these Terms of Use form a binding legal obligation on your behalf; (c) you have the legal right and authority
to perform your obligations under these Terms of Use and to grant the rights and licenses described in these Terms of
Use; and (d) your access to, and use of, the Site, will comply with all applicable laws, rules, regulations, and third-party rights and will not cause us to violate any applicable laws, rules, regulations, or third-party rights.
EXCLUSION OF WARRANT
USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, OTHER WEBSITES, AND THIRD-PARTY SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES WILL BE UNINTERRUPTED OR ERROR -FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES, OR THE SERVERS THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR
IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES, OR THEIR RESPECTIVE CONTENT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SAME.
LIMITATION OF LIABILITY
WE, AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR SIMILAR
DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR COLLECTIVE LIABILITY, INCLUDING THE LIABILITY OF OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGE
NTS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100
OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTE NT OR SERVICE OUT OF WHICH LIABILITY AROSE.
INDEMNITY
You agree to defend and hold harmless us, our licensors, content providers, service providers, employees, agents,
officers, members, managers, directors, contractors, successors, and assigns (the “Indemnified Parties”) from and against (a) any breach of these Terms of Use by you or (b) your use of any material, content, or data other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties from any and all resulting losses, liabilities, damages, judgments, awards, settlements, penalties, fines, costs, and expenses (including without limitation attorneys’ fees of the Indemnified Parties) in connection therewith.
COPYRIGHT ACT AGENT
We respect the intellectual property rights of others, and we prohibit users from posting to or through the Site or
services any materials, content, or data that viola tes another party’s intellectual property rights. When we receive a
proper Notification of Alleged Copyright Infringement compliant with 17 U.S.C. § 512, we promptly remove or
disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with
the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright that you own has been
posted on our Site without authorization, you may send a written notification to our Designated Agent at: Copyright Agent
RichmondCivicLeague@gmail.com In accordance with the Digital Millennium Copyright Act, and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed
to be repeat infringers. We may also at our sole discretion limit access to the Site and services, or terminate the membership of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
DISPUTE RESOLUTION
You and we agree that any dispute that has arisen or may arise between us relating in any way to your use of or access
to the Site, any validity, interpretation, breach, enforcement, or termination of these Terms of Use, or otherwise
relating to us in any way (collectively, “Covered Dispute Matters”), will be resolved in accordance with the provisions
set forth in this Section. If you have any dispute with us, you and we agree that before taking any formal action, you will contact us at RichmondCivicLeague@gmail.com and provide a brief, written description of the dispute and your contact
information (including your email address associated with your account, if your dispute relates to an account) and
allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue with you.
You and we agree that these Terms of Use and each of its parts evidence a transaction involving interstate commerce,
and the Federal Arbitration Act applies and it governs the interpretation and enforcement of the arbitration rules and arbitration proceedings.
If you and we are unable to reach an amicable resolution within the sixty (60) day period referenced above, any and
all Covered Dispute Matters must be asserted individually in binding arbitration administered by the American
Arbitration Association (“AAA”) in accordance with its Rules then in effect (“Rules”). You and we agree the
arbitration will be conducted by a single arbitrator and that the arbitrator shall not conduct any form of class or
collective arbitration nor join or consolidate claims by or for individuals. You and we agree that the arbitrator, and not
any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating
to the interpretation, applicability, enforceability or formation of these Terms of Use, including any claim that all or
any part of this arbitration agreement is void or voidable or a particular claim is subject to arbitration. The arbitrator
will apply the governing law set forth in these Terms of Use to any such arbitration and shall have the power to award
any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend
these Terms of Use or grant any relief not permitted herein or beyond the relief permitted herein. For matters where
the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon
which the ar bitrator based the award. The arbitrator will decide the substance of all claims in accordance with
applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.
The arbitration shall take place in Davenport, Iowa; however desk, phone, or video conference proceedings may be
utilized where appropriate and permitted to mitigate costs of travel. Payment of all filing, administration, arbitrator
fees and other costs of arbitration will be governed by the AAA’s Rules, unless otherwise stated in this agreement to
arbitrate. You and we agree that the arbitrator’s award shall be final and binding, and judgment on the arbitrator’s
award may be entered in any court of competent jurisdiction. Except as provided below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or us and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we havesought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawfulacts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civilcourt of competent jurisdiction and not in arbitration after the party seeking public injunctive relief has first prevailed in arbitration. The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the
outcome of the merits of any individual claims in arbitration. There are only two exceptions to this agreement to arbitrate: (a) First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent
jurisdiction. (b) Second, each party will retain the right to seek relief in a small claims court for disputes or claims
within the scope of the jurisdiction of such courts.
Notwithstanding any provision in these Terms of Use to the contrary, you and we agree that if we make any
amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a
legal proceeding against us prior to the effective date of the amendment. However, the amendment shall apply to all
other Covered Dispute Matters governed by the agreement to arbitrate that have arisen or may arise between you and
us. If you do not agree to the amended agreement to arbitrate, you must close your account within thirty (30) days of
the posting or notification and you will not be bound by the amended agreement to arbitrate.
Unless you and we agree otherwise and except for claims in small claims court, in the event that the agreement to
arbitrate above is found not to apply to you or to a particular Covered Dispute Matter, either as a result of your
decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, you agree
(except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and
us must be resolved exclusively by a state or federal court presiding over Davenport, Iowa. You and we agree to submit to the
exclusive personal jurisdiction and venue of the courts presiding over within Davenport, Iowa for the purpose of
litigating all such claims or disputes.
