There are many different ways you can interact online with CityTransformation.org and our affiliated legal entities (Strategic Justice Initiatives, Inc., FEED 3 Inc“, “we“, “us” or “our“), like watching or reading content, being generous through giving, connecting with other people, or taking your next step. We appreciate your interest in our organizations and respect your privacy as you interact with us online or through City Transformation University.
This Privacy Policy describes how we may treat your information that we have gathered from our websites, including CityTransformation.org , randyskinner.comfeed3.orgtransformationpalmbeachcounty.org transformatonwestdallas, justicerevival.comhomesforourneighbors.com collectively, our “Websites”), and the services and tools related to the Websites (including, but not limited to, mobile and other software applications downloaded from the Websites or obtained elsewhere) (collectively, the “Services”).
Please read this Privacy Policy carefully. We did our best to keep the document simple, but if you have any questions regarding this Privacy Policy or the use of your data, please contact our team. By accessing or using any of our Websites, Mobile Application or Services you agree to this Privacy Policy and our Terms of Use.
NOTICE REGARDING DISPUTE RESOLUTION: In keeping w a spirit of community transformation all disputes or claims arising under this Privacy Policy, or relating in any way to your use of the Websites, Mobile App or Services, will be resolved by mediation, and, if not resolved by mediation, then by final and binding arbitration as provided for in Section 9 of our Terms of Use. Unless you opt out, you will only be able to pursue claims against CityTransformation.org or Strategic Justice Initiatives , Inc. on an individual basis, not as part of any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
This Privacy Policy applies only to information collected by the Websites, Mobile App or Services. It does not apply to information either collected by us offline or collected by unaffiliated Websites, Mobile App or Services. Furthermore, this Privacy Policy governs only information provided to and communicated from the Websites, Mobile App or Services directly and does not govern any other information or communications that may reference this Website, the Services or CityTransformaton.org or Strategic Justice Initiatives, Inc.
If you click “like” or make a comment on or about our Websites, Mobile App or Services using Facebook, Instagram, Twitter, Pinterest, or other social media plugins, your activity may be published on Facebook, Instagram, Twitter, Pinterest, or other social media website(s), and be shown to other individuals who visit our Websites. We encourage you to read each social media site’s respective privacy policy for more information.
We collect several types of information from and about the users of our Websites and Services, including information by which you may be personally identified, such as your name, postal address, e-mail address, telephone number, credit card information or any other information the Websites, Mobile App and Services collect that is defined as personal or personally identifiable information under an applicable law or that may otherwise be used to identify you (collectively, your “Personal Information”). We also may automatically collect information as you navigate the Websites and use the Services, including information such as usage details, IP addresses and information collected through the use of “cookies.”
Information You Provide to Us. When you visit our Websites and Services, you may be asked to provide Personal Information to register for a CityTransformation.org or Strategic Justice Initiatives, Inc. Account or participate in other activities. If you communicate with us by e-mail, post messages to any of our chat groups, blogs, or otherwise complete online forms or surveys, any information provided in such communications may be collected as Personal Information. You also may publish or display information on public areas of the Websites, Services or related websites (“User Contributions”). Your User Contributions are posted and transmitted to others at your own risk. No security measures are perfect, and we cannot control the actions of third parties with whom you share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We will only collect User Contributions and Personal Information which you voluntarily provide. When you submit such User Contributions and Personal Information on our Websites and Services, you are giving your consent to the collection, use and disclosure of such information as set forth in this Privacy Policy.
Credit Card Information. Unless you are a CityTransformation.org Strategic Justice Initiatives, Inc. recurring donor and Account holder and have opted in for our processor to store your credit card information, we will not store full credit card numbers, credit expiration dates or CVV numbers on our servers. If you have not authorized us to store your credit card information, this info is sent directly to our processor and then the bank to complete the transaction. We do store other card information such as name, address, phone number and email address in order to assist with your transactions.
Information We Collect Automatically. When you download, access or use the Websites, Mobile App or Services, they may automatically collect: (i) usage details (including traffic data, location data, communication data and the resources you access and use through the Websites and Services); (ii) device information (including IP address, operating system, browser type, hardware ID, mobile network information and the device’s telephone number); (iii) stored information (including metadata and other information associated with the files stored on your device, such as photographs, audio and video clips, personal contacts and address book information); and (iv) location information (including real-time information about the location of your device). We also may use automatic data collection technology to gather information about your activities over time and across third-party websites, apps or other online services (behavioral tracking). If you do not want us to collect any of the information outlined in this section, you may opt out at any time by contacting our Marketing Team. Please note that we will not access any of your stored information (including photos, personal contacts and address book information), as well as your location information, unless you have specifically opted-in to allowing us such access.
The collection of information helps us to make your online experience with us more enjoyable, by allowing us to tailor your online experiences to you while using our Websites and Services.Do Not Track Signals. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Because these signals are not universally supported by all browsers and sites, we do not currently assign any meaning to potential Do Not Track signals.
Information Collection Technologies. The technologies we use for automatic information collection may include cookies (including mobile cookies) or web beacons. Cookies are small files sent to and stored on the computer or device you use to access or use our Websites, Mobile App or Services. Cookies may be used to monitor use of our Websites, Mobile App or Services, customize content specific to your interests, ensure that you do not see the same information repeatedly, and store your user name and password (using encryption technology) so you do not have to re-enter it each time you access or use the Websites, Mobile App or Services. It may be possible to refuse to accept cookies by activating the appropriate setting on your computer or device. However, if you select this setting you may be unable to access certain portions of our Websites, Mobile App or Services.
Third Party Information Collection. While we do not include any third party advertisements on our Website or in our Services, when you access or use our Websites and Services, or access their content, certain third parties, such as advertisers, analytics companies (e.g. Google Analytics), your mobile device manufacturer or your mobile service provider may use automatic information collection technologies to collect information about you, your computer or your device. We have no control over these third parties collection and use of your information. The information these third parties collect may be associated with your personal information or your online or mobile activities over time and across different websites, apps and other online services. Such third parties may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
If you elect to provide us with your information while using the Websites, Mobile App or Services, (for example, by registering on our Websites, Mobile App and Services or e-mailing our Marketing Team.,) we may provide you with service related announcements concerning CityTransformation.org or Strategic Justice Initiatives Inc., or contact you regarding your requests. For example, all registered users receive a welcome e-mail to confirm their registration.
We may also use information that we collect about you or that you provide to us, including any Personal Information to: (i) provide you with the Websites, Mobile App and Services and their contents, and any other information, materials or services that you request from us; (ii) fulfill any other purpose for which you provide it; (iii) give you notices about your CityTransformation.org Strategic Justice Initiatives, Inc., Account; (iv) carry out our obligations and enforce our rights and (v) notify you when updates are available, and of changes to any materials or services we offer or provide through the Websites and Services. In addition, your personal contact information may be shared with our staff and approved volunteers for internal purposes.
Your general contact information (for example, name, address, and phone number) and other optional information you may choose to provide (for example, email address, photo, and so forth) may be shared with CityTransformation.org Strategic Justice Initiatives Inc. staff and volunteers for internal purposes. Some of your information (Such as Groups information, meeting times, etc.) may also be viewable on a limited and restricted basis on our Websites & Services, but only if you opt in to share it. You may opt out of sharing information or limit the optional information you share by modifying your profile settings on our Websites, Mobile App and Services when available.
The usage information we collect helps us improve our Websites, Mobile App and Services and deliver a better and more personalized experience by enabling us to estimate our audience size and usage patterns, store information about your preferences, customize our Websites, Mobile App and Services according to your individual interests, speed up your searches, and recognize you when you use the Websites, Mobile App or Services.
We use information we collect about your location to customize your online experience to your current location, including providing you with easier access to information about a CityTransformation.org Strategic Justice Initiatives outreach closest to you.
Disclosure of Your Information. We may disclose Personal Information to, among others, our affiliates, partners, contractors or trusted business providers, who either perform services on our behalf or assist CityTransformation.org Strategic Justice Initiatives, Inc.. Examples include credit card processing companies and web hosting companies. We may transfer Personal Information to any CityTransformation.org Strategic Justice Initiatives, Inc.-affiliated or unaffiliated entity to accomplish transformation purposes, but in doing so, we’ll make sure that your information is treated in compliance with our privacy policy.
We also may share information you provide in combination with information from other users with third parties on an aggregate basis (“Aggregate Data”). Aggregate Data does not contain any information which can be used to identify or contact you. We will never provide your Personal Information to third parties for their use in marketing their products or services to you without your consent.
We will not intentionally share your Personal Information with third parties, except to:
(a) interact with our affiliates, partners, contractors or trusted business providers with whom we have obligations of confidentiality with respect to your Personal Information;
(b) comply with a valid legal inquiry or process such as a search warrant, subpoena, statute, court order or government request;
(c) protect a physical or property threat to you, to others or to the Websites and Services;
(d) respond to a breach or attempted breach of the security of our Websites and Services;
(e) defend or assert our legal rights;(f) enforce our Terms of Use.
Your Choices About Our Collection, Use and Disclosure of Your Information. We strive to provide you with choices regarding the personal information you provide to us.You may choose to not provide us with information requested in your profile.You may opt-out of receiving future marketing communications from us by clicking the “unsubscribe” link at the bottom of any marketing e-mail communication you receive from us or by contacting our Marketing Team and requesting to be unsubscribed.You may also set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
Our Websites, Mobile App and Services may contain links to or from other third-party websites. Please be aware that we are not responsible for the privacy practices of these other websites. This Privacy Policy applies only to the information we collect on our Websites and Services. We encourage you to read the privacy policies of other Websites, Mobile App and Services you link to or access through our Websites or otherwise visit.
Individuals Under the Age of 13
The Websites, Mobile App and Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at randy@citytransformation.com
You can review and change your personal information by signing into your CityTransformation.org Strategic Justice Initiatives Inc. or CityTransformation University Account and visiting your profile. You may also review, change and correct your Personal Information, or request that we deactivate your CityTransformation.org Strategic Justice Initiatives, Inc. Account, by contacting our Marketing Team. Please understand that should you opt to deactivate your account; we will act in good faith to delete your user generated content. However, we are required by law or regulation to maintain information concerning you, we will maintain this information pursuant to our then-current document retention policies. Examples of information that may be retained include the history of donations you made to us.
Under California Civil Code Section 1798.83, California residents who use our Websites, Mobile App or Services may request certain information regarding our disclosure of personal information to third parties for direct marketing purposes. To make such a request, please send us an email at randy@citytransformation.com or write us at 4711 Cadiz Circle, Palm Beach Gardens, FL 33418.
Security
We implement reasonable measures designed to protect your personal information from accidental loss or unauthorized access, use, alteration or disclosure. However, no data transmission or storage system can be guaranteed to be 100% secure. We cannot warrant the security of your information, and your use of our Websites, Mobile App and Services is at your own risk. Remember, the safety and security of your information also depends on you. We urge you to protect your user information and password and to be careful about giving out information in public areas of the Websites, Mobile App or Services, which may be viewed by other users of the Websites, Mobile App or Services.Changes to this PolicyThis Privacy Policy may change from time to time and your continued use our Websites, Mobile App or Services after we make changes is deemed to be acceptance of those changes. So, please check this policy periodically for updates. It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by e-mail (if you have an email address on record with us) and through a notice on the Websites home pages. The date the Privacy Policy was last revised is identified at the top of the page.Disputes; Mediation; Arbitration; Waiver of Class ActionThis Privacy Policy is subject to our Terms of Use, including Section 9 of our Terms of Use, which includes mediation and binding arbitration (unless you opt out of arbitration within 60 days of the earlier of your first use of the Websites, Mobile App or Services or registration with the Websites, Mobile App or Services) and a waiver of certain class action rights. Please carefully review these terms, as well as the rest of the Terms of Use before using our Websites, Mobile App or Services.Let Us Know How We Are DoingWe have taken great measures to ensure that your visit to our Websites, Mobile App and Services are a positive experience and that your privacy is constantly respected. If you have any questions, comments, or concerns about our privacy practices, please let us know.
This Privacy Policy may change from time to time and your continued use our Websites, Mobile App or Services after we make changes is deemed to be acceptance of those changes. So, please check this policy periodically for updates. It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by e-mail (if you have an email address on record with us) and through a notice on the Websites home pages. The date the Privacy Policy was last revised is identified at the top of the page.
Disputes; Mediation; Arbitration; Waiver of Class Action
This Privacy Policy is subject to our Terms of Use, including Section 9 of our Terms of Use, which includes mediation and binding arbitration (unless you opt out of arbitration within 60 days of the earlier of your first use of the Websites, Mobile App or Services or registration with the Websites, Mobile App or Services) and a waiver of certain class action rights. Please carefully review these terms, as well as the rest of the Terms of Use before using our Websites, Mobile App or Services.
We have taken great measures to ensure that your visit to our Websites, Mobile App and Services are a positive experience and that your privacy is constantly respected. If you have any questions, comments, or concerns about our privacy practices, please let us know.
Thank you for visiting this website or app, offered by CityTransformation.org Strategic Justice Initiatives, Inc. and our affiliated legal entities (CityTransformation.org , randyskinner.comfeed3.orgtransformationpalmbeachcounty.org transformatonwestdallas, justicerevival.comhomesforourneighbors.com collectively, our “Websites”“, “we“, “us” or “our“).
These terms of use (the “Terms of Use”) govern your access to and use of our websites including CityTransformation.org, randyskinner.comfeed3.org, transformationpalmbeachcounty.org, transformatonwestdallas, justicerevival.comhomesforourneighbors.com collectively, our “Websiteswhere) (collectively, the “Services”).
The Websites, Mobile App and Services are available ONLY TO USERS 13 YEARS OF AGE OR OLDER. Please read these Terms of Use carefully. We did our best to keep the document simple, but if you have any questions, please contact our Marketing Team. By accessing or using this Website or our Services you agree to our Terms of Use, which includes our Privacy Policy incorporated herein by reference.
NOTICE REGARDING DISPUTE RESOLUTION: In keeping with the spirit of community transformation these Terms of Use contain provisions that require all disputes which may arise between you and CityTransformation.org Strategic Justice Initiatives, Inc. hereunder be resolved by mediation. The Terms of Use also include an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, should mediation be unable to resolve the dispute. Unless you opt out, you will only be able to pursue claims against CityTransformation.org Strategic Justice Initiatives, Inc. on an individual basis, not as part of any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
These Terms of Use may change from time to time and your continued use of this Website, Mobile App or our Services after we make changes is deemed to be acceptance of those changes. So, please check this policy periodically for updates. It is our policy to post any changes we make to our Terms of Use on this page. If we make material changes to the Terms of Use, we will notify you by email (if you have an email address on record with us) and through a notice on the Websites. The date the Terms of Use was last revised is identified at the top of the page.
2.1 Access and License. Provided you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Websites and use the Services only for your own personal and noncommercial purposes (the “License”).
1. General Use License. All material found on the Websites, Mobile App and Services (including visuals, text, icons, displays, databases, recordings (sound, video or otherwise), media, and general information) is owned or licensed by us. You may view, download, and print material from the Websites, Mobile App and Services only for your personal, noncommercial use unless otherwise stated.
2. Exceptions to the General Use License. Any material that is provided subject to different rights than those set forth in Section 2.1(a) will be governed solely by such separately stated use rights. Examples of materials that are provided subject to different use rights include material from perrynoble.com, which is subject to the Printing and Reposting use rights published on that site. Other examples include any (i) downloadable material obtained from the Websites, Mobile App or Services , where such material requires acceptance of a separate license agreement that governs the use of the material (e.g. downloading of software code published by us and distributed pursuant to an open source license) or (ii) downloading of materials from the Websites, Mobile App or Services that include alternative use rights for the material at the location of the download (e.g. social media kit that has on website offering the kit an authorization to use only as a profile picture on Facebook or Twitter).
Materials may be reproduced by media personnel for use in traditional public news forums unless otherwise stated.
You may not post material from the Websites, Mobile App or Services on another website, service or on a computer network without our permission. You may not transmit or distribute material from the Websites, Mobile App or Services to other sites or services. You may not use the Websites, Mobile App or Services , or information found at the Websites, Mobile App or Services (including the names and addresses of those who have submitted information), to sell or promote products or services or to solicit clients or for any other commercial purpose.
In the unlikely event you fail to comply with these Terms of Use, we may terminate the License without notice and you will no longer be permitted to access the Websites or use the Services. If we become aware of possible violations of these Terms of Use, we may initiate an investigation that may include gathering information from you or any user involved and the examination of other material. We may suspend the provision of our Services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Websites. We will determine what action will be taken in response to a violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
2.2 Privacy. We value your privacy and understand your privacy concerns. Please review our Privacy Policy, which also governs your access to and use of the Websites, Mobile App and Services, so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Websites, Mobile App or Services you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You further understand that any information collected by CityTransformation.org Strategic Justice Initiatives, Inc may be transferred to the United States and/or other countries for storage, processing and use by CityTransformation.org Strategic Justice Initiatives, Inc and its affiliates.
3. Registration Policy and Account SecurityTo access the Websites, Mobile App or Services, or some of the resources they offer, you may be asked to open a CityTransformation.org Strategic Justice Initiatives, Inc Account and provide certain registration details or other information. Please be sure to (i) provide correct, current and complete information about yourself as prompted by any registration form for the Websites, Mobile App or Services (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it correct, current and complete. CityTransformation.org Strategic Justice Initiatives, Inc will use the email address provided in your Registration Data to provide notices, statements, and other communications to you, so please be sure to keep it current.
If you create, or are provided with, a username, password or any other information as part of our security procedures, please treat such information as confidential and do not disclose such information to any other person or entity. Your CityTransformation.org Strategic Justice Initiatives, Inc Account is personal to you and should not be used to provide any other person access to this Websites or the Services. To protect your security, as well as our Websites, Mobile App and Services , you must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
4. Links to Third Party Sites
The Websites, Mobile App or Services may contain links to third party websites (“Linked Sites”). We do not control these Linked Sites and are not responsible for the content of, stability of, or any transmission to or from any Linked Site. CityTransformation.org Strategic Justice Initiatives, Inc provides these links to you only as a convenience and the inclusion of any link does not imply endorsement by CityTransformation.org Strategic Justice Initiatives, Inc or any association with the link’s operators or guarantee that the content contains accurate information. We recommend you review the privacy statements and terms of use posted at any Linked Sites.
5.1 Intellectual Property Rights. The materials, services and content offered on or through the Websites, Mobile App and Services , as well as their selection and arrangement, are protected by intellectual property rights (the “Intellectual Property Rights”), and any unauthorized use of the Websites, Mobile App and Services may violate such Intellectual Property Rights laws and these Terms of Use.
CityTransformation.org Strategic Justice Initiatives, Inc. and Randy H. Skinner and randyskinner.com its licensors own all right, title and interest in and to the Intellectual Property Rights of the materials, services and content offered on or through the Websites, Mobile App and Services. These Terms of Use do not convey or transfer any ownership rights to you. The trademarks, logos and service marks displayed on the Websites, Mobile App or Services, including without limitation CityTransformation.org Strategic Justice Initiatives, Inc. randyskinner.com are the property of CityTransformation.org Strategic Justice Initiatives, Inc or other third parties. You are not permitted to use these marks without the prior written consent of CityTransformation.org Strategic Justice Initiatives, Inc or such third party that may own the marks. You may not remove or obscure any copyright notice or other proprietary notices contained on the Websites, Services or any materials, services or content retrieved through the Websites, Mobile App or Services.
CityTransformation.org Strategic Justice Initiatives, Inc
5.2 Your Content. The Websites, Mobile App and Services may allow or require you to post data, text, pictures, videos, recordings or other materials and information that will be accessible by visitors to the Websites or users of the Services (“Public Content”), or that will only be accessible by you or those designated by you (“Private Content”) (Public Content and Private Content, collectively referred to as “Your Content”). As between you and CityTransformation you remain the sole owner of and solely responsible for Your Content. CityTransformation does not claim ownership of any of Your Content, but by submitting Your Content, you hereby grant CityTransformation a nonexclusive, worldwide, royalty-free, fully paid up, irrevocable, perpetual right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for CityTransformation. (e.g., photos from your Public Group Profile). While we retain these rights, we will do our best to contact you if Your Content will be used for marketing purposes. CityTransformation does not endorse, guarantee, or assume any responsibility, obligation or liability relating to Your Content, including without limitation liability for third-party claims against users of the Websites, Mobile App or Services for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Unless required otherwise by law or unable to determine the source of Your Content, CityTransformation will attempt to contact you before removing any of Your Content. However, CityTransformation reserves the right to remove any of Your Content at any time, with no obligation to notify you of the removal, where CityTransformation believes in good faith that such removal is appropriate. Publication of any of Your Content is at the sole discretion of CityTransformation.
5.3 Prohibited Content. We want to maintain Websites, Mobile App and Services that are a positive, healthy experience for all. Therefore, while using the Websites, Mobile App or Services , you agree that you will not upload, post, email, transmit or otherwise make available any Public Content or Private Content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (iii) seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or (v) infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
5.4 Prohibited Conduct. While using the Websites, Mobile App and Services , you agree not to engage in any of the following prohibited activities: (i) use, display, mirror or frame the Websites, Mobile App or Services , any individual element within the Websites, Mobile App or Services , the CityTransformation name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent; (ii) access the Websites, Mobile App or Services by any means other than through the interface provided by CityTransformation and as otherwise expressly authorized under these Terms of Use; (iii) access, tamper with, or use non-public areas of the Websites, Mobile App or Services , our computer systems, or the technical delivery systems of our providers; (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CityTransformation or any of our providers or any other third party (including another user) to protect the Websites, Mobile App or Services ; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any of Your Content transmitted through the Websites, Mobile App or Services ; (vi) attempt to access or search the Websites, Mobile App or Services or scrape or download any user content from the Websites, Mobile App or Services , or otherwise use or upload content to, or create new links, reposts, or referrals in the Websites, Mobile App or Services through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CityTransformation or other generally available third party web browsers; (vii) send or post onto the Websites, Mobile App or Services any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation; (viii) use any meta tags or other hidden text or metadata utilizing the Websites, Mobile App or Services or an CityTransformation trademark, logo, or URL without CityTransformation's express written consent; (ix) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Websites, Mobile App or Services ; (x) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending or posting a virus, overloading, flooding, spamming, or mail-bombing the Websites, Mobile App or Services ; (xi) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Websites, Mobile App or Services (including your account) or your access to or use of the Websites, Mobile App or Services ; (xii) collect or store any personally identifiable information from other users of the Websites, Mobile App or Services without their express permission; (xiii) stalk or otherwise harass another person or entity; (xiv) impersonate or misrepresent your affiliation with any person or entity; (xv) violate any applicable law or regulation; or (xvi) encourage or enable any other individual to do any of the activities prohibited in these Terms of Use.
5.5 Transmission of Your Content. The term “Your Content” also includes registration information, business and financial information, electronic transmissions and all other data of any kind contained within emails or otherwise submitted by you or entered electronically in the course of your use of the Websites, Mobile App or Services . You understand that the technical processing and transmission of Your Content (including the possible transmission of Your Content outside its country of origin) may be necessary to your use of the materials, services and content offered on or through the Websites, Mobile App or Services and consent to CityTransformation's interception and storage of Your Content. You understand that you or CityTransformation may be transmitting Your Content over the Internet, and over various networks, only part of which may be owned and operated by CityTransformation. You agree that CityTransformation is not responsible for any portions of Your Content that are lost, altered, intercepted or stored without authorization during the transmission of Your Content across networks not owned and operated by CityTransformation.
5.6 Copyright Infringement Notification Process. CityTransformation abides by the Federal Digital Millennium Copyright Act (the “DMCA”). If you believe that any content included on the Websites, Mobile App or Services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify CityTransformation of any such copyright or other Intellectual Property Rights infringement.Please also note that under the DMCA, 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. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with CityTransformation's rights and obligations under the DMCA and do not constitute legal advice. CityTransformation will remove the infringing content, subject to the procedures outlined in the DMCA.5.6.1 Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):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. Providing URLs is the best way to help us locate content quickly.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.5.6.2 Counter-Notification. If Your Content has been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):1. A physical or electronic signature of the subscriber.2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
While we try to provide the Websites, Mobile App and Services at a standard that we would expect to receive from others providing similar Websites, Mobile App or Services , no one and no thing is perfect. THEREFORE, THE WEBSITES, MOBILE APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CITY TRANSFORMATION AND ITS SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CITY TRANSFORMATION PARTIES DO NOT WARRANT THAT THE WEBSITES, MOBILE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR SERVERS THAT MAKE THE WEBSITES, MOBILE APP AND SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE WEBSITES, MOBILE APP OR SERVICES , ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES, MOBILE APP AND SERVICES ARE AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE WEBSITES, MOBILE APP OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE WEBSITES, MOBILE APP OR SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITES, MOBILE APP OR SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE CITY TRANSFORMATION PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
YOU UNDERSTAND AND AGREE THAT THE CITY TRANSFORMATION PARTIES WILL NOT BE LIABLE TO YOU FOR ANY 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 AN AVIXENA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE WEBSITES, MOBILE APP OR SERVICES . IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITES, MOBILE APP OR SERVICES.
You agree to indemnify, defend and hold harmless the CityTransformation Parties from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or any other actions connected with your use of the Websites, Mobile App or Services . Your indemnification obligations include without limitation claims arising out of any of Your Content, as well as any claims arising out of acts or omissions by your agents, and any other person or entity who gains access to CityTransformation's materials, services or content through your name either with your permission or as a result of your failure to use reasonable security measures.
Your breach of these Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we are entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and disclosure of information obtained through the Websites, Mobile App or Services , which is in addition to any other remedies available at law or in equity.
Except as set forth below, ANY DISPUTE OR CLAIM ARISING UNDER THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE, OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITES, MOBILE APP OR SERVICES WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT; provided, however, that the following are exceptions to our agreement to arbitrate our disputes:
1. a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and
2. b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.
Any dispute or claim arising under these Terms of Use, including the Privacy Policy incorporated herein by reference or relating in any way to your use of the Websites, Mobile App or Services will first attempt to be resolved by mediation, and if not resolved by mediation, then you may begin an arbitration proceeding by following the Institute for Christian Conciliation’s filing requirements and mailing a request for arbitration and description of your claim to Communications Team, 4711 Cadiz Circle, Palm Beach Gardens, FL 33418. The Rules of Procedure for Christian Conciliation, Institute for Christian Conciliation will apply (available at http://www.peacemaker.net or by calling 406-256-1583). The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY. In the event that the Institute for Christian Conciliation ceases to exist during the course of this Agreement, arbitration under this section shall be conducted according to the Rules of the American Arbitration Association.