Terms & Conditions

COMMUNITY COLLABORATORY, LLC TERMS AND CONDITIONS

Edition Date: May 4, 2021

The following Terms and Conditions (the “Terms and Conditions”) apply to (1) Community Collaboratory, LLC’s website located at https://www.communitycollaboratory.com (the “website”) and (2) any other websites, applications, blogs, online communities, social media platforms, or other services (collectively, the “Sites”) that Community Collaboratory (“Community Collaboratory,” “we,” “us,” or “our”) may provide from time to time, whether via personal computers, mobile devices, or otherwise that link to these Terms and Conditions. Your use of the Sites also is subject to any additional terms and conditions of use that may be specified with respect to the Site at issue.

Reference herein to “you” or “your” means you as an individual user of the Sites or “you” as an entity using the Sites in the capacity of the entity or making the Sites available to the entity members, customers or similarly entity-related to users.

BY USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, WHICH EXPRESSLY INCORPORATE BY REFERENCE COMMUNITY COLLABORATORY’S PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.

Compliance with Law

Users of the Sites shall abide by all applicable international, nation-state, federal, state and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.

Unlawful or Prohibited Use

You may not use the Sites for any purpose that is prohibited by these Terms and Conditions or is otherwise prohibited under applicable law. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any Sites.

Although we do not censor the Content being posted, we reserve the right to not post, or to remove after its posting, any Content (as defined below) which in our sole discretion we deem to violate our guidelines, including, but not limited to, these Terms and Conditions. Such Content may be removed immediately and without prior notice, and further postings by the individual may be blocked. For Content that is covered by intellectual property rights, like photos, documents, etc., you grant Community Collaboratory a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, for any purpose, any Content that you post on or in connection with the Sites. Use of the Sites is subject to these rules:

Be respectful of others -- do not post or share on any Sites:

·       Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, sexually explicit, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

·       Content that falsely states or otherwise misrepresents your identity, affiliation with Community Collaboratory, or any person or other entity;

·       Confidential business or personal information, or content that infringes any trademark, trade secret, copyright, or other proprietary rights of any party;

·       Content that makes available unsolicited or unauthorized advertising, promotional materials, sweepstakes, junk mail, spam, chain letters, pyramid schemes, or any similar form of solicitation;

·       Content that is fraudulent, false, inaccurate, or misleading;

·       Content that violates any law, ordinance, or regulation; that promotes illegal activities; that is harmful to minors; or

·       Links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

Access and Interference

Community Collaboratory is not responsible for interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any content or enforce limitations on use of the Sites or the Content therein.

You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the Sites automatically.

Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the website or any activities conducted on the Sites; or (c) bypass any measures we may use to prevent or restrict access to the Sites.

Website Links

From time to time, the Sites may contain links, however and by whomever provided, to other applications, social media platforms, and/or websites that are not owned, operated or controlled by Community Collaboratory. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site containing the link.

We are not responsible for any content, materials or other information located on or accessible from any other website, including, but not limited to, any content that violates restrictions applicable to us. We also are not responsible for any products or services that you buy from third party websites, including those that may be made available to you by any other party even if such party was made available to you through the Sites.

We do not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Sites, you do so entirely at your own risk.

By creating a link to any portion of the Sites, you agree to be bound by the following terms. Your compliance with these terms, as they may be revised from time to time in Community Collaboratory’s sole discretion, is a prerequisite to your continued right to link to the Sites:

·       Unless you have a written agreement with Community Collaboratory granting you permission to use Community Collaboratory’s logo as a link, you must use hypertext only to link to the Sites and it must be in the following form: “Community Collaboratory-Seattle Washington”;

·       You may not insert any intermediate page, splash page or other Content between the link and the applicable page from the Sites or create a frame around the information provided from the Sites or present it in any way other than it is presented on the Sites;

·       The posting of a link to the Sites is not an endorsement by Community Collaboratory of you, your viewpoints or any of the products or services that you or your organization may provide, and, when linking to the Sites, you may not state or imply that Community Collaboratory is endorsing you, your viewpoints or any of the products or services that you or your organization may provide;

·       You may not represent that you or your organization has a relationship with Community Collaboratory or any of the events, products or services that Community Collaboratory provides unless that relationship is the subject of a written agreement that has been signed by Community Collaboratory; and

·       Community Collaboratory assumes no liability or responsibility whatsoever for any Content of any other website that is linked to the Sites; Community Collaboratory reserves the right to terminate any links to the Sites as it deems necessary, with or without cause or warning. If Community Collaboratory chooses to exercise this right, you will be required to remove your link to the Sites immediately.

Disclaimer of Warranties and Limitation of Liability - Interaction and Dealing with Sites Users

You are solely responsible for any interaction between you and any other users of the Sites, including (1) any agreement by another user to provide any services to you and your agreement to accept such services or (2) your disclosure of any information to another user, including any information that may be legally treated as confidential to the user. Specifically related to the foregoing interactions between you and other users of the Sites, Community Collaboratory’s services through its Sites is “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content or information they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content or behavior).

We cannot predict when issues might arise with the services through our Sites. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms and Conditions or the services provided by our Sites, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms and Conditions or the services provided by our Sites will not exceed the greater of $500.

Disclaimer of Warranties and Limitation of Liability – General Users

Community Collaboratory makes no representations or warranties of any kind with respect to the Sites or their Content, such representations and warranties being expressly disclaimed. Community Collaboratory does not warrant that the Sites or the server(s) that make the Sites available are free of viruses or other harmful components.

Community Collaboratory does not represent or warrant that the Content on the Sites is accurate, complete or current for any specific or particular purpose or application. The Sites are not intended to provide, nor should anyone consider that the Sites provide, medical, legal, or other advice. In addition, Community Collaboratory is not endorsing or recommending the use of the means or methods contained on or through the Sites for any special or particular purpose. Community Collaboratory does not guarantee the accuracy, integrity, quality, or availability of the content on the Sites and disclaims liability in connection with such.

In no event will Community Collaboratory or any of its members, officers, advisors, employees, agents or contractors be liable for any damages - whether direct, indirect, special, general, consequential, for alleged lost profits or otherwise - that might result from any use of or reliance on materials or links made available on or through the Sites.

Intellectual Property

All of the content featured or displayed on the Sites, including without limitation text, graphics, photographs, still images, moving images, sound, illustrations, and software (collectively “Content”), is owned by Community Collaboratory, its licensors, vendors, agents, and/or content providers, as applicable. All elements of the Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Community Collaboratory reserves the right to track the usage of Content.

Except where it is stated that prior permission to use, download, reproduce, publicly display or reprint Content must be obtained from Community Collaboratory or other copyright owner, and except with respect to Marks (as defined below), you are authorized to view, play, print, and download Content found on the Sites for personal, informational and noncommercial purposes only. Prior consent to use Content for any commercial purpose (e.g., republication on another website or for general distribution) or to use Marks for any purpose (whether commercial or noncommercial) must be obtained from Community Collaboratory in writing. Community Collaboratory reserves the right to grant, withhold, or condition such consent in its sole discretion.

You may not modify any of the Content, and, except as set forth below, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content contained on the Sites. You will not remove any copyright, trademark or other proprietary notices from Content found on the Sites.

Text materials on the Site may be used, downloaded, reproduced, publicly displayed or reprinted for personal or noncommercial purposes where such permission is noticeably granted provided that the following attribution appears in all copies: “Reproduced with permission of Community Collaboratory, Seattle, Washington.”

You may not (1) state or imply that Community Collaboratory is endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or (2) represent that you or your organization has a relationship with Community Collaboratory or any of the events, products or services that Community Collaboratory provides unless that relationship is the subject of a written agreement that has been signed by Community Collaboratory.

You will not access any Content from the Sites through any technology or means other than the pages of the Sites, the Embeddable Player (as defined below), the Widgets (as defined below) or such other explicitly authorized means as Community Collaboratory may designate.

Trademarks

All trademarks, service marks and trade names of Community Collaboratory or third-parties used in the Sites (including, but not limited to Community Collaboratory name and Community Collaboratory logo) (collectively, the “Marks”) are trademarks or registered trademarks of Community Collaboratory or its licensors, vendors, agents and/or content providers, as applicable. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without Community Collaboratory’s prior written consent. The use of the Marks on any other website or network computer environment is not allowed.

Device Application, Embeddable Player and Widgets

To the extent that Community Collaboratory makes available to you through the Sites (or otherwise)   device application (”Device Application”), and/or embeddable player for viewing video and playing audio Content from the Sites (the “Embeddable Player”) and/or “widgets” to obtain access to Content from the Sites (“Widgets”), you agree as a condition to accessing and using such items that:

·       You may not modify, build upon or block any portion of the Device Application, Embeddable Player and/or Widgets in any way; and

·       You will not use the Device Application, Embeddable Player and/or Widgets for any commercial use, without the prior written authorization of Community Collaboratory. Prohibited commercial uses include any of the following actions taken without Community Collaboratory’s prior written approval: sale of access to the Sites or their related services (such as the Device Application, Embeddable Player and Widgets) on another website; and use of the Sites or their related services (such as the Device Application, Embeddable Player and Widgets), for the primary purpose of gaining advertising or subscription revenue.

Copyright Infringement

If you believe that any Content on the Sites infringes your copyright and you want the Content removed from the Sites, please send a detailed message to our Designated Copyright Agent at:

Aaron Flaster, aflaster@communitycollaboratory.com

Under the Digital Millennium Copyright Act, the following information must be included in the message to us:

1.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3.    Identification of the material that is claimed 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 the service provider to locate the material.

4.    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5.    A statement that the complaining party has 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.

6.    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Sites - Member Account, Password and Security

Some of the Sites may require that you create an account with a username and a password before using the Sites. You are responsible for maintaining the confidentiality of any such password, account, and information displayed in the account profile. You are fully responsible for all activities that occur using your password or account. Unless the Site in question contains additional terms and conditions that permit you to share your username and password with others, you should not do so. Notwithstanding the foregoing, if you allow third parties to access the Sites through your username and password, you will defend and indemnify Community Collaboratory and its members, officers, advisors, employees, agents  contractors, successors and assigns from and against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use. You agree to immediately notify Community Collaboratory of any unauthorized use of your password or account or any other breach of security related to the Sites of which you are aware. We reserve the right to terminate your account at any time in our sole discretion, including for any violation of these Terms and Conditions.

Indemnification

You agree to indemnify, defend and hold harmless Community Collaboratory and its officers, advisors, employees, agents or contractors from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your use of the Sites, your interaction with other users of the Sites, any assistance or services provided by us to you or other users of the Sites, any alleged unauthorized use of the Sites by you, or any breach or alleged breach by you of these Terms and Conditions. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms and Conditions.

Release

In the event that you have a dispute with one or more other users of the Sites, you release Community Collaboratory and its officers, advisors, employees, agents or contractors from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Modification or Amendment

We may amend these Terms and Conditions from time to time. The most current version will always be available at https://www.communitycollaboratory.com/terms-and-conditions.html. If we believe an amendment is material, we will notify you by a notification through the Sites and/or by emailing you at the email address you provided to us, if you have provided one. By continuing to access or use the Sites after an amendment becomes effective, you shall be deemed to have agreed to be bound by the amended terms.

Applicable Law and Jurisdiction

Unless otherwise noted, the Sites are controlled and operated from Community Collaboratory’s offices in Washington state. By accessing the Sites, you agree to be bound by the terms and conditions of this agreement which is governed by and construed in accordance with the laws of Washington state, without giving effect to any conflict of laws principles. All activity occurring in connection with the Sites (including, but not limited to, using Device Applications, accessing pages, downloading materials, etc.) is presumed to occur in Washington state.

In connection with any suit, action or proceeding arising from or relating to these Terms and Conditions, you consent to the jurisdiction of the federal and state courts within Washington state.

Electronic Communications; Binding and Entire Agreement

These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and Community Collaboratory and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and Conditions and all documents or notices relating to them and your use of the Sites.

Severability

If any of these Terms and Conditions is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms and Conditions will be enforceable to the fullest extent permitted by law.

No Waiver

 Community Collaboratory’s failure to enforce these Terms and Conditions in every instance in which they might apply is not a waiver of any of Community Collaboratory’s rights, and Community Collaboratory reserves its right to take all legal steps available to enforce these Terms and Conditions.

Termination

We reserve the right to terminate any of the Sites and/or these Terms and Conditions at any time without notice for any reason, including, in the case of these Terms and Conditions, for your violation of any of its provisions. The Disclaimer of Warranties and Limitation of Liability, Indemnification, Release and Applicable Law and Jurisdiction provisions of these Terms and Conditions shall survive any such termination.