Updated April, 2019
We may discontinue or alter any aspect of the Sites, remove Content from the Sites, restrict the time the Sites are available, or restrict the amount of use – all in our sole discretion and without prior notice or any liability to you and without liability to you or any third party.
Don’t Use the Sites for Any Prohibited Purpose.
The Functionality May Change Over Time.
We reserve the right, at our discretion, to add, modify, or remove the Sites, including the engagement features, in whole or in part, at any time and without prior notice to you.
You Are Responsible For All Activity Under Your Account.
Our Sites may provide you with the ability to create and use usernames and passwords for your account, including to access and use certain parts of the Sites or Content or to post User Posting. You agree that you are entirely responsible for maintaining the confidentiality of your usernames and passwords and are solely responsible and liable for all activities that occur under your account. If you are sharing a computer with anyone, we suggest you log out before leaving any of our Sites in order to protect from subsequent users from gaining access to your information. We also suggest you decline to have your Internet browser remember your password.
You are also responsible for keeping your account active. If you do not log in to your account for six (6) months or more from the date of the last log in, the account may be considered, in our sole discretion, inactive. Inactive accounts may be permanently removed without notice or liability to you or any third party.
The Sites Contain Content and Allows You to Post User Postings.
Content that is posted or provided by users via the Sites, including questions, comments, blog posts, file uploads, document submission, and wiki contributions, (collectively, “User Postings”) is the intellectual property of the specific users of the Sites who post such User Posting. By your submission, posting or delivering of a User Posting to us, you hereby grant to us a transferable, nonexclusive, irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, transmit, print, and create derivative works and compilations incorporating your User Posting.
By posting any User Posting, you warrant and represent to us that: (1) you hold the property rights, including any copyrights, with respect to any statement, information, or other materials in such User Posting, or that you have obtained the necessary permission from the holder to post the User Posting; and (2) your User Posting does not contain any personally identifiable information about any third party in violation of such party’s rights; and (3) the use of any User Posting will not result in harm or personal injury to any third party.
We Don’t Monitor Everything, But We Reserve the Right to Remove Inappropriate Material.
SOME AREAS OF THE SITES AND SOME CONTENT OR USER POSTINGS MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
We are not and will not be liable for any Content or User Posting that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.
“People With Expertise” Are Self-Identified.
Some features of our Sites allow users to identify themselves as having expertise in various local government topics, including in connection with any User Postings they may post. We are not responsible for assessing the qualification of people who self-identify as having expertise or any other information that user’s post on the Sites. We do not make any warranties or representations regarding any self-identifications of expertise and we do not approve, endorse, sanction, encourage, verify or agree with any such identifications or any message, profile, or other User Postings posted by any user who self-identifies as an expert. We reserve the right to remove a self-identified expert at our sole discretion.
Be Respectful. Your Postings Are Part Of Your Professional Reputation.
You are prohibited from posting any User Posting or acting in any way towards us or any other users that we determine in our sole discretion to be defamatory, fraudulent, deceptive, abusive, terrorizing, harassing, profane, threatening, offensive, obscene, hateful, sexually explicit or illegal statements, information, or materials. You are prohibited from using our Sites or any features on our Sites, to impersonate any person or to communicate under a false name or one you are not authorized to use.
Don’t Use The Sites To Promote Your Products Or Services Or For Commercial Purposes.
You agree to only use these Sites for information purposes only. We recognize that consultants and representatives of companies that offer services to local governments have knowledge to contribute to the community; however, overt promotion of products and services by users is prohibited. Commercial use or any other unauthorized use of the Sites and any features therein is strictly prohibited.
Copyright Notices – How to Notify Us of Infringing Material
It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or an agent thereof and believe that any User Posting or other Content on our Sites infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
- 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
- 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.
Our Copyright Agent for notice of claims of copyright infringement on our Sites can be reached at:
ICMA Attn: Irene Kaushansky
777 North Capitol Street, Suite 500
Washington, DC 20002
Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request.
If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Dakota County, Minnesota and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the person providing such content, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
We may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3) for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3) for more information.
Freedom of Information Act and Protection of Content
Members should be aware that the Content (including User Postings) on the Sites may be released by third parties. For example, some of our users may be employed by government entities who may be subject to the Freedom of Information Act or other public record laws requiring disclosure of certain information. Emails and other information sent or received by such users may be required to be released pursuant to a FOIA request.
You acknowledge and agree that we do not promise or guarantee that any Content, including your User Postings, that are posted on the Sites, even if in “private “areas, will remain confidential, and that such Content, including your User Postings, may be released to third parties, including widely to the media. You should recall this possibility when posting to the Sites and take all precautions you deem necessary or reasonable to keep from posting confidential information or information that you would not wish to be released publicly. Furthermore, certain users may inadvertently disclose information exchanged by us or among other users without recalling that the information is intended to be private and not subject to release. We cannot protect against such a possibility and are not liable for any information that is disclosed by a user, what is done with that information, or for the user that discloses it.
Purchases, Memberships and/or Subscriptions.
We may allow our users to place Orders (defined below) for products, memberships, subscriptions, and/or services via the Sites or through our third party affiliates. “Order” means any order placed by a user for products, memberships, subscriptions, and/or services via the Sites that is accepted by us. In the event that you are a user placing an Order to purchase products, memberships, subscriptions, and/or services, you are subject to the additional terms and conditions of this Section with respect to your Order.
Pricing/Fees and Specifications
All prices are in U.S. currency. You are responsible for any and all sales, use, excise, VAT, withholding and other taxes, import duties and charges levied as a result of your Orders, as well as all costs of packing, storage, transportation, shipping, handling and insurance (collectively, “Additional Costs”). Product, memberships, subscription, and service pricing and specifications are subject to change without notice, except with respect to Orders previously accepted by us. We also reserve the right to adjust and communicate alternative pricing should an error be found in any Content on the Sites.
Limited and Exclusive Warranty
Any Orders are subject to a limited express warranty that the products, services, and subscriptions will reasonably operate in accordance with its product, service, memberships, or subscription documentation, if any. At our option, we will fix or repair any non-conforming products, services, and relevant portions of your memberships and subscriptions or refund the purchase price of the foregoing. This warranty does not apply upon (1) modification to any product, service, memberships, or subscription that were not made or specifically required or approved in writing by us prior to modification; (2) use of any product, service, memberships, or subscription with equipment or software not supplied or approved in writing by us; or (3) misuse or abuse of any product, service, memberships, or subscription. This paragraph (Limited and Exclusive Warranty) is your sole and exclusive remedy for any non-conformities of the products, services, memberships, and subscriptions.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF PRODUCTS WARRANTIES:
Limitations of Liability for Orders
PLEASE ALSO NOTE THE FOLLOWING IMPORTANT LIMITATION OF LIABILITY FOR ONLINE ORDERS:
NEITHER WE NOR OUR SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES RELATING IN ANY WAY TO ONLINE ORDERS OR PRODUCTS, MEMBERSHIPS, SUBSCRIPTIONS, AND SERVICES. IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY ONLINE ORDER EXCEEDING THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCTS, SUBSCRIPTIONS, MEMBERSHIPS, AND/OR SERVICES GIVING RISE TO SUCH LIABILITY.
We shall not be liable for any delay or failure to deliver or provide access to any or all of the products, memberships, subscriptions, and services ordered via an Order, or for the failure to perform any obligation, if such delay or failure is caused by or if such performance is made impractical or commercially unreasonable by fire, hurricane, flood or other act of God, labor dispute or strike, terrorism, war or civil commotion, governmental action, equipment breakdown, failure of utilities (including the Internet), inability to obtain the necessary labor, materials or equipment required to manufacture the goods or provide the services, or any other cause beyond our reasonable control or that of our affiliates. In the event of the occurrence of any contingency described in this paragraph, the proposed delivery or obligation shall be extended for a period equal to the time lost by reason of such contingency.
We May Engage Corporate Sponsors and Provide Links to Other Websites.
We reserve the right to engage corporate sponsors to underwrite the cost of the Sites. Our general policy is to identify such sponsors, but, to the extent permitted by law, we may decline to do so in our sole discretion.
In addition, as a service to you and our other users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from these sites or resources, and our presentation of any third party links or content is not intended to be an endorsement, sponsorship or recommendation by us. Please be aware that when you exit the Sites, you are subject to the policies of the new third party site or resource. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use of or your reliance on any of these third party’s presentations, content, goods or services made available through the third party site or resource.
Additional User Warranties
As a condition of use of the Sites and any features therein, you agree to release us and our members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Sites and the Content or any User Posting. If at any time you are not happy with the Sites or the Content/User Posting or object to any material within the Sites or the Content/User Posting, your sole remedy is to cease using them.
We have the right to control the defense of any claim and all negotiations for settlement or compromise, and you agree to fully cooperate with us in doing so.
Warranty Disclaimer and Limitations of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE CONTENT AND FEATURES OF THE SITES ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT ANY SUCH FEATURES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT OF THE SITES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIALS.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SITES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Furthermore, you agree that:
(1) you will only sue us as an individual;
(2) you will not file or participate in a class action; and
(3) you hereby irrevocably and unconditionally waive any right you may have to a jury trial.
Additional legal considerations
The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.
ICMA Attn: Eva Travers
777 North Capitol Street, Suite 500
Washington, DC 20002
COPYRIGHT © 2018 INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION (ICMA). ALL RIGHTS RESERVED.