Terms of Use
Welcome to the Protect West Chicago Terms of Use Agreement. For purposes of this Agreement, “Site” refers to the Protect West Chicago website, which can be accessed at www.protectwestchicago.com. “Application” refers to our digital campaign software application to reach local elected officials on important public policy issues impacting our community. The terms “Protect west Chicago,” “we,” “us,” and “our” refer to Protect West Chicago “You” refers to you, as a user of our Site or our Application.
The following Terms of Use apply when you view or use the Application via our website located at www.protectwestchicago.com.
Please review the following terms carefully. By accessing or using the Site or Application, you signify your acceptance of these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Site or Application.
PRIVACY POLICY
We respect the privacy of our users. Please refer to the Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site or Application, you signify your agreement to the Privacy Policy as well as these Terms of Use.
ABOUT THE SITE AND ITS APPLICATION
The Site provides educational content regarding important policy issues impacting our community and allows you to communicate directly with local elected officials through our Application.
USE OF APPLICATION; RULES FOR USER CONDUCT AND USE OF THE APPLICATION
You need to be at least 18 years old and a resident of the United States to use the Application.
If you are a user who uses our Application, you will create a personalized email correspondence allowing you to access the Application and to receive messages from Protect West Chicago. You agree to notify us immediately of any unauthorized use of your email address or other information we collect. Protect West Chicago will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your email address or other information you share.
USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following use and conduct restrictions.
You agree that you will not under any circumstances:
- access the Site or use the Application for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Application;
- collect or harvest any personal data of any user of the Site or the Application;
- use the Site or the Application for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- distribute any part or parts of the Site or the Application without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- intentionally allow another user to access your email account;
- provide false or inaccurate information when using the Application;
- interfere or attempt to interfere with the proper functioning of the Application;
- make any automated use of the Site, the Application or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Application, or use any software, technology, or device to scrape, spider, or crawl the Application or harvest or manipulate data;
- circumvent, disable or otherwise interfere with any security-related features of the Application or features that prevent or restrict use or copying of content, or enforce limitations on use of the Application or the content accessible via the Application; or
- publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
CORRESPONDENCE AND CONDUCT RESTRICTIONS
When you create your own personalized campaign correspondence, you may be able to provide information that is received and reviewed by local elected officials (“User Content”) through the Application. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Application.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Protect West Chicago, however, reserves the right to remove any User Content from the Application at its sole discretion.
We grant you permission to use and access the Application, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Application, you agree as follows:
- You are solely responsible for your correspondence and the activity that occurs while using the Application;
- You will not post information that is malicious, libelous, false or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to owners of the Application as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Application, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform analyses on that User Content in connection with the provision of our services administering the Site and Application; and you grant to the Site, a worldwide, non-exclusive, royalty-free license to access your User Content through the Application, and to use, reproduce, distribute, prepare derivative works of, display and perform analyses on such User Content to the extent permitted by the Application and under these Terms of Use;
- You will not submit User Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such User Content; and
- You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Application is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Application or with other users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Application nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Application. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Application. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny a user’s access to the Application or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent by you to local elected officials that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.] Protect West Chicago will have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under federal, state and local law. If you become aware of a misuse of our Application or violation of these Terms of Use, please contact us at info@protectwestchicago.com.
LINKS TO OTHER SITES AND/OR MATERIALS
We may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to our users. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, email address, and physical address as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Application, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
EMAIL MAY NOT BE USED TO PROVIDE LEGAL NOTICE
Communications made through the Application’s email and messaging system will not constitute legal notice to the Site, the Application, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site, newsletters, or information about other related campaigns. You may opt out of such email by using the “Unsubscribe” link in the message, or by sending an email to info@protectwestchicago.com or mail to the following postal address:
Protect West Chicago
info@protectwestchicago.com
Opting out may prevent you from receiving messages regarding the Site, the newsletters, or information about other related campaigns.
WARRANTY DISCLAIMER
THE SITE AND APPLICATION, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.
LIMITATION OF DAMAGES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE APPLICATION, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE APPLICATION GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APPLICATION AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
GENERAL TERMS
If any provision of this Terms of Use agreement is held or found to be invalid or unenforceable by a court of competent jurisdiction, then the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Illinois, without regard to conflict of law provisions.
We may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or any services we may provide signifies your acceptance to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us through your use of the Application. For this additional reason, you should keep your contact information current.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.