CENTER FOR CIVIC POLICY

Terms Of Use

These Terms of Use govern your use of the Center for Civic Policy website (currently located at www.civicpolicy.com) (the “Site”), which is owned and operated by Center for Civic Policy (“we” or “us”).  We may modify these Terms of Use from time to time, so we encourage you to check this page each time you revisit the Site.  The date of the latest revision will be listed below so you will know if the terms have changed since you last accessed the Site.  Your use of the Site indicates your acceptance to be bound by the provisions of the Terms of Use in effect as of the date of your use.  If you do not accept these terms, do not use the Site.

INTELLECTUAL PROPERTY RIGHTS

All content and graphics created by the Center for Civic Policy that are contained on this site are owned by the Center for Civic Policy and are protected by intellectual property laws as well as other state, federal and international laws, regulations and treatises. You may not copy, reproduce, republish, post or otherwise distribute this content without the express written permission of the Center for Civic Policy.

Marks of third parties belong to their rightful owners.

RESTRICTIONS ON YOUR USE OF THE SITE

You may not use the Site (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, (c) in a manner that will violate the privacy, publicity or other personal rights of others or reveal confidential information without permission, or (d) in a manner that is profane, defamatory, violent, obscene, threatening, abusive, hateful, inflammatory or otherwise objectionable under common standards of decency.

You also are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following activities: (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (b) attempting to interfere with communication to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; or (c) solicitation or advertisement.  Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

USE OF MATERIALS POSTED BY USERS

Users who log onto the Site may be able to post materials on the Site.  By posting any materials, you agree that we may use these materials for any purpose in any form without any additional permission from you and without any consideration apart from your participation on the Site.  By providing materials to the Site, you are: (a) giving us a worldwide, non-exclusive right to use your name and/or user name, as well as any additional information you may have provided, in any material prepared by or for us in any form or media, now known or hereafter devised, in all languages throughout the world; (b) giving us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the materials on the Site and in connection with other activities in any form or media, now known or hereafter devised, in all languages throughout the world; (c) agreeing and representing that you have not submitted material that (i) violates copyright, trademark, trade secret, or other intellectual property rights of others; (ii) violates the privacy, publicity or other personal rights of others; (iii) reveals confidential information; (iv) is profane, defamatory, violent, obscene, threatening, abusive, hateful, inflammatory or otherwise objectionable under standards of common decency or (v) comments on political candidates; (d) representing and warranting that you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade-secret, copyright or other proprietary rights in and to any and all materials in the manner contemplated by these Terms of Use.  We reserve the right not to post any user materials and to remove materials without prior notice, in our sole discretion.

RESERVATION OF RIGHTS

We reserve the right in our sole discretion to change, suspend or discontinue any or all aspects of the Site at any time without prior notice or liability.  We also reserve the right in our sole discretion to suspend or terminate any user’s rights to use the Site.

LINKS TO OTHER SITES

This Site and any related applications may contain links to other third party sites. We do not control what those sites say or do. Center for Civic Policy is not responsible for other sites’ content, information collection practices, or use of the information they collect. We are not responsible for and do not endorse the content of those sites. Your use of third party sites is subject to the terms and conditions of those sites.

PRIVACY

Our Privacy Policy is found here.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.  IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT ON ANY THIRD PARTY SITES LINKED TO FROM THE SITE. FURTHERMORE, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE.  WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

INDEMNITY

You agree to defend, indemnify and hold harmless the Center for Civic Policy, its directors, officers, employees, contractors, licensees and agents (“CCP Party”) from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any CCP Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of privacy, tax law violations, copyright infringement, or trademark infringement arising out of your use of this site, your posting of content to this site, your violation of these Terms of Use, or your inability to keep secure your account.

CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others.  If you believe that any material on the Site violates your intellectual property rights, please provide us with written notice that includes the following information:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner; and
  • Your electronic or physical signature.

Please address your letter as follows:

Center for Civic Policy

P.O. Box 27616

Albuquerque, NM 87125

STATUTE OF LIMITATIONS

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises.

GENERAL

By using the Site, you agree that you are of sufficient legal age in your jurisdiction to create binding legal obligations.  These Terms of Use shall be governed by the laws of the state of New Mexico, without regard to its conflict of law rules. Any and all disputes arising out of or related to the Site shall be submitted to the state or federal courts located in Bernalillo County, New Mexico  If we are required to go to court to enforce any of our rights, you agree to reimburse us for our legal costs and expenses if we are the prevailing party. Our failure to insist upon or to enforce strict performance of any provision of the policies on the Site shall not be construed as a waiver of any right.  If any provision of any of the policies on the Site are determined by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be replaced with a provision that complies with applicable law and best reflects the intentions of the parties.

ABILITY TO MODIFY TERMS OF USE

We may modify these Terms of Use at any time without notice to you by posting revised Terms of Use on this site. Your use of Center for Civic Policy’s Site, Application or Services constitutes your binding acceptance of these and any modified Terms of Use.

If you have any questions about these Terms of Use or the Site, please contact us at:

Center for Civic Policy

P.O. Box 27616

Albuquerque, NM 87125

Email: [email protected]

Phone: (505) 842-5539

Last Updated:  November 12, 2019

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