TERMS AND CONDITIONS OF USE

Last updated: July 2014

This site (together with any successor sites and the Services defined below, the “Site”) is operated by the Community Activism Law Alliance (“we,” “us”). Your use of the Site is governed by these Terms and Conditions of Use (this “Agreement”), regardless of how you access the Site, including the Internet, Wireless Access Protocol, a mobile network, or otherwise.

 

1.     Acceptance of Terms. By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “Last updated” legend above. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes. We may, at any time, modify or discontinue all or part of the Site.


2.     Jurisdictional Issues. The Site is controlled and operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.


3.     Description of the Services. We provide Site users with access to services and content of interest to members of the Chicagoland community, which may include the following: (a) services such as information about us, legal resources, donations, research tools, databases, educational information, and links to third-party websites; and (b) content such as photographs, graphics, images, text, data and other similar content (such content and services, collectively, the “Services”).

WHILE THE INFORMATION ON THIS SITE CONCERNS LEGAL ISSUES, IT IS NOT LEGAL ADVICE. MOREOVER, USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP; NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE. ANYONE ACCESSING INFORMATION ON THE SITE SHOULD NOT ACT WITHOUT FIRST SEEKING LEGAL COUNSEL. FURTHER, INFORMATION AVAILABLE ON THE SITE IS GENERAL IN NATURE, AND MAY NOT APPLY TO PARTICULAR FACTUAL OR LEGAL CIRCUMSTANCES.

We reserve the right, with or without prior notice, to discontinue the Site or any Services; or to refuse to provide any user with access to the Site or any Services.


4.     Information You Submit. When you submit personal information through the Site, our privacy policy below (the “Privacy Policy”) governs our collection, use and disclosure of said information. You agree that any information that you submit to us is true, accurate and complete, and you will maintain and update said information as needed.


5.     Rules of Conduct. If you use the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. We may terminate your use of the Site for any conduct that we consider to be inappropriate. You agree that you will not:

  • Post, transmit, or make available through or in connection with the Site:
    • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
    • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
    • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
    • Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
    • Any personal information about or pertaining to any third party without such party’s prior written consent.
    • Any material, non-public information about a company without the proper authorization to do so.
    • Use the Site for any fraudulent or unlawful purpose.
    • Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
    • Impersonate any person or entity; lie about your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
    • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
    • Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
  • Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
  • Frame or mirror any part of the Site without our express prior written consent.
  • Create a database by systematically downloading and storing Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Operators of public search engines are allowed use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.


6.     Donations. If you wish to make a donation or contribution through the Site (a “Donation”), please note that we may use one or more third-party payment services (each, a “Payment Service”) to collect such Donations. If you wish to make a Donation, you may be directed to a web page hosted by the applicable Payment Service (or such Payment Service’s service providers) and not by us (the “Payment Service Page”). Your use of the Payment Service Page will be subject to Payment Service’s user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that we are not, and will not be, responsible or liable for Payment Service’s services, its site or any acts or omissions of Payment Service. We note that we reserve the right to discontinue or change any third-party payment service used in connection with this Site. In addition, you remain responsible for any taxes that may be applicable to your Donations.


7.     Third-Party Resources. Descriptions and images of, and references to, third-party resources or services appearing on the Site (“Resources”) do not imply our endorsement of such Resources. All descriptions, images, references, features, content, specifications, products and prices described or depicted on this Site, are subject to change at any time without notice. References to any Resources on this Site at a particular time do not imply or warrant that these Resources will be available at any time.


8.     License. The Site may contain areas where you can post information and materials (each, a “Submission”). For each Submission that you post, you grant to us and our affiliates and our respective service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable license, without compensation to you, to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.


9.     Our Proprietary Rights. We and our licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.  You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.


PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.


 10. Links. The Site may provide links to other web sites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.


11.  Linking to the Site. We permit text links from another website to the Site, provided that you help us to maintain the efficacy of this Site by complying with the following: (a) any text-only link is clearly marked “CalaChicago.org”; (b) the link, when activated by a user, displays this Site full-screen and not with a frame on the linked website; and (c) the appearance, position and other aspects of either the link or the host website does not in any way have a negative impact on our reputation, dilute our goodwill or create the false appearance that an entity other than us and our affiliates is associated with or sponsored by us. Incorporation of pieces of this Site into a different website or product is prohibited. We reserve the right to revoke our consent to the link at any time in our sole discretion by amending these Terms of Use.


12.  Limitations of Liability and Disclaimers. THE SITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY SOFTWARE OR HARDWARE YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.

While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alterations to the Site, contact us at cala@calachicago.org with a description of the material(s) at issue and the URL or location of such materials.


13.  Indemnity. You agree to defend, indemnify and hold us harmless from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.


14. Termination. This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site, you will not have the right to bring claims against us with respect to such termination. We shall not be liable for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site). Sections 2, 3, 5, 7-9, and 11-21 shall survive any expiration or termination of this Agreement.


15.  Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law.


16.  Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to this Agreement shall be settled by a single arbitrator in an arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (the “Arbitration Rules”), as modified by this Agreement. The Arbitration Rules are available online at http://www.adr.org/sp.asp?id=22440. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the county of New York in the State of New York. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude us from seeking any injunctive relief in U.S. state or federal courts for protection of rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in the county of New York in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.


17.  Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions to cala@calachicago.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.


18.  Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such site.


19.  Procedure for Making Claims of Copyright Infringement.  It is important to us that we act responsibly if someone claims that a copyright infringement is taking place on the Site. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to us:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works;
  • identification of the Content that you claim to be infringing 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 us to locate the Content; • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice 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.

Please send such notice to: cala@calachicago.org.

We will take reasonable steps to promptly notify the user whose submission was removed or disabled that we have removed or disabled the identified content.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.


20.  Ability to Enter Into This Agreement. By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.


21.  Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.