Marin Post Terms of Service
Last updated: 09/19/2015
Note: You are entering into a legally binding Agreement with The Marin Post and Community Venture Partners, Inc. (“Marin Post”).
If you do not agree to these Terms, then please do not use the Marin Post Service. If you are not eligible, or do not agree to these Terms, then you do not have our permission to use the Marin Post Service.
These Terms provide that all disputes between you and Marin Post will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the “Dispute Resolution and Arbitration” section below for the details regarding your agreement to arbitrate any disputes with Marin Post.
- 1. Using the Marin Post Service.
- 1.1. Eligibility: THE MARIN POST SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE MARIN POST SERVICE BY MARIN POST. BY USING THE MARIN POST SERVICE, YOU REPRESENT THAT YOU ARE (1) AT LEAST 18 YEARS OF AGE, (2) DO NOT HAVE MORE THAN ONE MARIN POST ACCOUNT AT ANY GIVEN TIME, (3) HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND IN DOING SO DO NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU ARE A PARTY, AND (4) HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE MARIN POST SERVICE.
- 1.2. Registration: If you are using or creating an account on or subscribing to the Marin Post Service on behalf of a company, entity, or organization, collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
- 1.3. Registration Information and Password: You agree that the information you provide to Marin Post upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up–to–date at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
- 1.4.Permission to Use the Marin Post Service: Subject to your compliance with all the terms and conditions herein, Marin Post grants you permission to use the Marin Post Service as set forth in these Terms.
- 1.5.Required Equipment: You agree to provide all equipment and software required to connect with and access Marin Post, including but not limited to, computers, mobile devices, Internet access, modems, routers, and up to date and compatible Internet browsers.
- 2. Site Content, Privacy, and Additional Terms.
- 2.1. Site Content. The Marin Post Service is merely a platform, which allows users to connect with each other, to post personal information, blogs, notices, media links, news links and to write letters, and to respond to the posts of others. Other than the graphic design and layout, and underlying technology which supports the Marin Post Service, all content available through the Marin Post Service is provided by and for the benefit of third parties. You understand that all postings, messages, text, images, video, audio, or other materials (collectively “Content”) posted on, transmitted through, or linked to and from the Marin Post Service are the sole responsibility of the person from whom such Content originated. Similarly, you are solely responsible for any Content that you post, send, or otherwise make available through or in connection with the Marin Post Service. You acknowledge that Marin Post does not have any obligation it will moderate, filter, pre-screen, approve, endorse, or otherwise control Content, and that by using the Marin Post Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Marin Post makes no warranty whatsoever regarding the completeness, legality, accuracy, sincerity, genuineness, or quality of any Content.
- 2.2. Content Disclaimer. Content made available by users through the Marin Post Service does not reflect the views of Marin Post or its officers, directors, affiliates or agents, of Community Venture Partners, Inc., and reflect the views of the users only. We expressly disclaim any and all warranties and liability in connection with Content. If notified by a user or content owner that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice, for any reason. For clarity, Marin Post does not permit copyright-infringing activities on the Marin Post Service.
- 3. Privacy and Additional Terms.
- 3.2. Additional Terms. When using the Marin Post Service, you will be subject to any additional posted Guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
- 4. User Types and Paid Subscriptions. To post content on the Marin Post Service, you must first register to create an account. Marin Post has created two user types: Guests and Contributors.
- 4.1. Guests. When you first create an account, your user type is by default Guest. Guests can publish and/or link to Content and delete Content after it has been published, but may not edit content subsequent to publication. Guests will also not have a profile page on the Marin Post Service.
- 4.2. Contributors. Contributors are users whose accounts include the ability to publish Content and/or link to Content, delete Content after it has been published, or edit Content subsequent to publication. Each Contributor will have a profile page on the Marin Post Service. To apply to become a Contributor, please CONTACT US and the appropriate Marin Post representative will discuss eligibility and responsibilities with you.
- 4.3. Paid Subscription Program. The Marin Post Service may now or in the future offer a paid subscription program which may provide additional features and functions.
- 5. Prohibited Conduct. By using the Marin Post service you promise not to do or attempt any of the following:
- 5.1 use the Marin Post service to induce or encourage violations of law or public policy;
- 5.2 engage in any activities, including but not limited to posting, publishing or transmitting any Content, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another’s privacy; (iv) are obscene, pornographic or offensive; (v) promote bigotry, racism, ad hominid attacks, hatred or harm against any individual or group; (vi) infringe another’s rights, including any intellectual property, privacy or publicity rights; or (vii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (viii) use the Site or Services for, as a part of, or in connection with any illegal purpose whatsoever;
- 5.3 post or transmit or otherwise provide Content you do not own or have the legal right to distribute, display and otherwise make available to others either directly or indirectly through the Marin Post Service, or by using the Marin Post Service to make arrangements to do so off line;
- 5.4 harass, threaten, deceive, misinform, mislead, “bait and switch,” or defraud others;
- 5.5 make unsolicited offers, advertisements, proposals, or send junk mail, “spam” mail, or post anything that constitutes “affiliate marketing,” “link referral service,” “chain letter,” “pyramid schemes,” or other similar activity;
- 5.6 post materials, promotions or solicitations such as personal needs or commercial business or services advertising that are inconsistent with the purpose of the Marin Post Service;
- 5.7 post any irrelevant Content, or repeatedly post the same or similar Content;
- 5.8 disrupt the normal functioning of the site in any way, including by posting excessive Content, up to and including a “flooding attack,” or “denial of service attack,” or otherwise impact others’ ability to utilize the Marin Post Service to its fullest potential;
- 5.9 make contact with anyone that has asked not to be contacted, make unsolicited contact with anyone for commercial purposes, “stalk” or otherwise harass anyone;
- 5.10 impersonate another person or access another user's account, or share Marin Post-issued passwords with any third party or encourage any other User to do so;
- 5.11 post personally identifying information about another person without their explicit consent;
- 5.12 circumvent any access or use restrictions, data encryption, or content protection related to the Services, including the robot exclusion protocol;
- 5.13 misrepresent the source, identity, or substance of information transmitted via the Marin Post Service;
- 5.14 duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer or commercially exploit the Marin Post Service (excluding the Content posted by you) except as otherwise permitted under this Agreement;
- 5.15 attempt to reverse engineer, decompile, decipher or otherwise attempt to derive or use the source code for any of the underlying technology used to provide the Marin Post Service, except and only to the extent authorized by law;
- 5.16 imply or state that you are affiliated with or endorsed by Marin Post in any way unless you have entered into a written agreement with The Marin Post and Community Venture Partners, Inc.;
- 5.17 adapt, modify, repurpose or otherwise create derivative works based on Marin Post or Marin Post’s Content, design, user interfaces, underlying technology, software, widgets, and/or applications;
- 5.18 sell, re-sell, trade, barter, lease or otherwise misuse Marin Post Services in whole or in part;
- 5.19 use automated methods to access the Marin Post Service, or contact, solicit, send messages or otherwise interact with other Marin Post users;
- 5.20 engage in framing, mirroring, phishing or otherwise simulating the Content, appearance, features and functionality of the Marin Post Service, either in whole or in part;
- 5.21 hack, deny, gain unauthorized access to, remove Content from (other than your own), override or otherwise disrupt the Marin Post Service; or
- 5.22 upload, display or otherwise use any brands, trademarks, logos or other identifying symbols, or any text, audio, graphics, or other works of authorship without the necessary permission or authorization.
- 6. Special Considerations.
- 6.1. When you use the Marin Post Service to gather information please keep in mind that certain types of activities may involve greater risk than others, and that utilization of the services of third parties you do not know is an inherently unpredictable activity. We urge you to protect yourself by reviewing advisories available online and elsewhere regarding various forms of online fraud, phishing and other scams. Always use caution and common sense when using the Marin Post Service, especially when giving out any personally identifying or financial information, or engaging in any related transactions. You are also responsible for knowing and complying with all applicable laws and regulations.
- 6.2. Marin Post is not affiliated with any user of the Marin Post Service, and does not validate, monitor, review, endorse, or otherwise approve any user, Content posted by any user, or any representation that might be made by any user, including without limitation that user’s non-profit status or the tax-deductible status of any transactions that might be made with or donations made to such user. It is your sole responsibility to determine for yourself the tax implications of any donation or other transaction you make with any user.
- 6.3. While Marin Post may, from time to time, provide information through the Marin Post Service relevant to these topics or any other aspect of the Marin Post Service, such information is for your convenience only, and is not warranted to be current, complete, or accurate.
- 7.1. Modification of the Terms: Marin Post reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms on a going-forward basis. If we modify the Terms, we will make them available through the Marin Post Service, and indicate the date of the latest revision. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Marin Post Service after changes become effective constitutes your binding acceptance of such changes except that (i) disputes between you and Marin Post will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by terminating your account (see Section 10, below) and ceasing use of the Marin Post Service. For any material changes to these Terms, such amended terms will become effective upon the earlier of (i) your continued use of the Marin Post Service with knowledge of the modifications, and (ii) 30 days after we provide notice of the modifications.
- 7.2. Modification of Fees: Certain products and services on the Marin Post Service may now or in the future have fees associated with them. Please see the terms associated with such products or services for more information. Marin Post reserves the right, in its sole discretion, to change pricing or the Marin Post Service (or to make all or any portion of the Marin Post Service available for free) on a going-forward basis without liability to you. Any renewals of paid services will be subject to the pricing in effect at the time of renewal. All new registrations and/or subscriptions are subject to our approval, and will not be effective until confirmed by Marin Post.
- 8.1. Access to the Marin Post Service from territories where its contents are illegal is prohibited. Please note that the Marin Post Service is designed for customers in the United States. Those who choose to access the Marin Post Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
- 8.2. As a condition of your use of the Marin Post Service, you will not use the Marin Post Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Marin Post Service in any manner that we, in our sole discretion, determine could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Marin Post Service. You may not attempt to gain unauthorized access to the Marin Post Service, other accounts, computer systems or networks connected to the Marin Post Service, or any part of them, or interfere or attempt to interfere with the proper working of the Marin Post Service or any activities conducted on the Marin Post Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Marin Post Service.
- 8.3. The Marin Post Service may contain certain types of exclusion filters and files, such as our robots.txt file, which regulate certain uses of the Marin Post Service. You agree that you will not use, submit, or otherwise introduce any malicious code, spyware, virus, worm, monitoring software, robot, spider, crawler, scraper, or other automated means to access the Marin Post Service or the accounts or Content of anyone else using the Marin Post Service for any purpose without our express written permission, or bypass our exclusion files or other measures we may use to prevent or restrict or regulate access to the Marin Post Service.
- 9. Feedback. If you provide Marin Post with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Marin Post Service (“Feedback”), Marin Post shall have the worldwide, irrevocable, royalty free, fully paid up, unrestricted right and license to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Marin Post Service and the right to assign, license or otherwise use the Marin Post Service. You hereby grant Marin Post a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- 10.1. Termination by Marin Post: You agree that Marin Post, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Marin Post or use of the Marin Post Service and remove and discard all or any part of your account or any Content submitted or uploaded by you, at any time. Marin Post may also in its sole discretion and at any time discontinue providing access to the Marin Post Service, or any part thereof, with or without notice. You agree that any termination of your access to the Marin Post Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Marin Post will not be liable to you or any third–party for any such termination.
- 10.2. Infringing Activities. Marin Post does not permit copyright infringing activities on the Marin Post Service and reserves the right to terminate access to the Marin Post Service and remove all Content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, illegal or otherwise inappropriate activity that may be grounds for termination of your use of the Marin Post Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Marin Post may have at law or in equity.
- 10.3. Suspension by You: You may suspend your account, this Agreement and your right to use the Marin Post Service at any time and for any reason or no reason, by going to Suspend My Account page of the Marin Post web site. Any Content posted by you prior to suspension shall remain accessible to others on The Marin Post.
- 10.4. Inactive account: Any user account that has been inactive for a period of two consecutive years will automatically be terminated.
- 10.5. Termination by You: You may terminate your account, this Agreement and your right to use the Marin Post Service at any time and for any reason or no reason, by going to Delete My Account page of the Marin Post web site. Any Content posted by you prior to termination shall remain accessible to others on The Marin Post.
- 10.6. Fees Owed: There are no “termination fees” charged for terminating your Marin Post account. However, upon any termination of your account, you will remain obligated to pay any and all outstanding fees and accrued charges relating to your use of the Marin Post Service, if any, before termination. Any fees paid prior to termination are non-refundable, whether the Agreement is terminated by Marin Post or by you.
- 11. Ownership; Proprietary Rights. The Marin Post Service is owned and operated by Community Venture Partners, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Marin Post Service provided by Marin Post ("Materials") are protected by United States copyright, patent, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content uploaded by you, all Materials contained on the Marin Post Service are the property of Marin Post or its subsidiaries or affiliated companies and/or third–party licensors. All trademarks, service marks, and trade names are proprietary to Marin Post or its affiliates and/or third party licensors. Except as expressly authorized by Marin Post, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
- 12. Your Use of Public Communication; License Grant. The Marin Post Service may enable you to share Content with other users or with Marin Post (for example, through e-mail, “Share” widgets, linking, privacy settings, and your Posts and submissions). You retain copyright and any other proprietary rights that you may hold in the Content that you post to the Marin Post Service.
- 12.1. General. You agree not to use these features to upload, email, post, link, publish or otherwise transmit any Content or information that violates any restriction set forth under Section 5, “Prohibited Conduct.” We reserve the right, but have no obligation, to remove without notice any Content or information which we determine, in our sole discretion, does not comply with these requirements.
- 12.3. License Grant to other Users. By posting and sharing Content with another user of the Marin Post Service, you grant that user a non-exclusive license to access and use that Content as permitted by these Terms and the functionality of the Marin Post Service.
- 13.User Representations and Warranties. In addition, you warrant that you have sufficient rights in the Submissions to grant the license granted above, and that all so-called moral rights in the Submissions have been waived to the extent permissible under applicable law. If you remove Submissions, the license for such Submissions will terminate with respect to the Marin Post Service; provided that you acknowledge that Marin Post will not be obligated to terminate any sublicense rights previously granted. Similarly, if you terminate or suspend your account on the Marin Post Service, the license to your Submissions will terminate, provided that you acknowledge that Marin Post will not be obligated to terminate any sublicense rights previously granted.
- 14. Third–Party Sites, Products and Services; Links.
- 14.1. Other Users: Your correspondence or dealings with other users found on or through the Marin Post Service are solely between you and such user. While Marin Post strives to foster a supportive community which facilitates reputable and competent people communicating with each other, you acknowledge and agree that we are not responsible for the Content posted by other users, and we do not endorse and are not responsible or liable for any Content, advertising, representations, opinions, advice, links to web sites, or other materials that you may receive through such contacts. You should use your ordinary care and common sense when evaluating the wisdom, safety, and prudence of engaging in particular communications with site users, either through the Marin Post Service, elsewhere online, or offline. Understanding the tax implications of your interactions with third parties you may encounter on the Marin Post Service, including whether or not such a particular transaction or donation is tax deductible, is your sole responsibility. YOU AGREE THAT MARIN POST WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH USERS ON THE MARIN POST SERVICE.
- 14.2. Other Web Sites: The Marin Post Service may include links to other web sites or services solely as a convenience to Users ("Linked Sites"). Marin Post does not endorse any such Linked Sites or the Content, information, activities, materials, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Marin Post makes no express or implied warranties with regard to the Content, information, activities, materials, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE CONTENT, INFORMATION, ACTIVITIES, MATERIALS, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
- 14.3. Advertisers: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Marin Post Service are solely between you and such advertiser. YOU AGREE THAT MARIN POST WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE MARIN POST SERVICE.
- 15. Notice. Except as explicitly stated otherwise, legal notices will be served on Marin Post via United States mail at Community Venture Partners, 73 Surrey Avenue, Mill Valley, CA 94941. Legal notices will be served on you via the email address you provide to Marin Post during the registration process, or by posting to the Marin Post Service. Notice will be deemed given 24 hours after being posted to Marin Post Service or sent via email (unless in the latter case, the we are notified that the email address is invalid). Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
- 16. Disagreements between Users.
- 16.1. You alone are responsible for your communications, interactions, agreements, representations, promises, or any other involvement with other Users. Marin Post reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, including with respect to Content, you irrevocably and forever release Marin Post (and Marin Post's or Community Venture Partners’ officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- 16.2. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- 17.Disclaimers; No Warranties.
THE MARIN POST SERVICE AND ANY LINKED OR DOWNLOADABLE SOFTWARE, TOOLS, WIDGETS, APIS, CONTENT, SERVICES, OR OTHER APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MARIN POST SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARIN POST, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS.
MARIN POST, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE MARIN POST SERVICE AND ANY LINKED OR DOWNLOADABLE OR EXECUTABLE SOFTWARE, TOOLS, CONTENT, WIDGETS, APIS, SERVICES, OR OTHER APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MARIN POST SERVICE WILL BE COMPLETE, CORRECT, ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR–FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MARIN POST SERVICE AND ANY DOWNLOADABLE OR EXECUTABLE SOFTWARE, TOOLS, CONTENT, WIDGETS, APIS SERVICES, OR OTHER APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MARIN POST SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, MALWARE OR OTHER HARMFUL COMPONENTS.
MARIN POST DOES NOT CONTROL, MODERATE, OR ENDORSE THE CONTENT, LINKS, MESSAGES OR INFORMATION FOUND IN USER-SUBMITTED PORTIONS OF THE SERVICES OR EXTERNAL LOCATIONS AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY WITH REGARD THERETO. YOU UNDERSTAND AND AGREE THAT YOU LINK TO, DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MARIN POST SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE LINKING TO OR DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- 18. Indemnification. You agree to indemnify Marin Post and Community Venture Partners, Inc., its directors, officers, employees, contractors, assigns, affiliated companies, and its suppliers and partners from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Marin Post Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Marin Post reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
- 19.Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MARIN POST OR COMMUNITY VENTURE PARTNERS, INC., OR ITS DIRECTORS, OFFICERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, ASSIGNS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE MARIN POST SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE MARIN POST SERVICE, OR ANY OTHER INTERACTIONS WITH MARIN POST, EVEN IF MARIN POST OR A MARIN POST AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MARIN POST'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL MARIN POST OR COMMUNITY VENTURE PARTNERS, INC., OR ITS DIRECTORS, OFFICERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, ASSIGNS, OR THIRD–PARTY PARTNERS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE MARIN POST SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESSING THE MARIN POST SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY ACTIVITIES, PROJECTS, PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN MARIN POST AND RECEIVED THROUGH, PROMOTED, OR ADVERTISED ON THE MARIN POST SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE MARIN POST SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- 20. Digital Millennium Copyright Act.
- 20.1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Marin Post Service, you may contact our Designated Agent at the following address:Copyright Agent at The Marin Post, 73 Surrey Avenue, Mill Valley, CA, 94941
E-mail at CONTACT US.
Any notice alleging that materials hosted by or distributed through the Marin Post Service infringe intellectual property rights must include the following information:
- 20.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- 20.1.2. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- 20.1.3. a description of the material that you claim is infringing and where it is located on the Marin Post Service;
- 20.1.4. your address, telephone number, and email address;
- 20.1.5. a statement by you that you have a good faith belief that the use of those materials on the Marin Post Service is not authorized by the copyright owner, its agent, or the law; and
- 20.1.6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- 20.2. Repeat Infringers. Marin Post will promptly terminate without notice the accounts of users that are determined by Marin Post to be “repeat infringers." A repeat infringer is a user who has been notified of infringing activity or has had Content removed from the Marin Post Service at least twice.
- 21. Export Control Laws. Certain software, distributed by Marin Post, may be subject to export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Dept. of Commerce and sanctions programs maintained by the U.S. Treasury Dept.’s Office of Foreign Assets Control. By using Marin Post Service, you agree not to directly or indirectly sell, export, re-export, transfer, divert or otherwise dispose of any software or service to any end-user without obtaining any and all required authorizations from appropriate government authorities. You also agree that you are not prohibited by law from receiving U.S. origin products, services and/or software.
- 22. Dispute Resolution and Arbitration.
- 22.1. Generally. In the interest of resolving disputes between you and Marin Post in the most expedient and cost effective manner, you and Marin Post agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MARIN POST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- 22.2. Exceptions. Despite the provisions of Section (22.1), we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
- 22.3. Arbitrator. Any arbitration between you and Marin Post will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Marin Post.
- 22.4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). Marin Post's address for Notice is: Community Venture Partners, Inc. 73 Surrey Avenue Mill Valley, CA 94941. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Marin Post may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Marin Post must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Marin Post will pay you the highest of the following: (x) the amount awarded by the arbitrator, if any; (y) the last written settlement amount offered by Marin Post in settlement of the dispute prior to the arbitrator’s award; or (z) $1,000.
- 22.5. Fees. If you commence arbitration in accordance with these Terms, Marin Post will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Marin Post for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- 22.6. No Class Actions. YOU AND MARIN POST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Marin Post agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- 22.7. Modifications. If Marin Post makes any future change to this arbitration provision (other than a change to Marin Post's address for Notice), you may reject the change by sending us written notice within 30 days of the change to Marin Post's address for Notice, in which case your account with Marin Post will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
- 22.8. Enforceability. If Section 22.6 is found to be unenforceable or if the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 22 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 23 will govern any action arising out of or related to these Terms.
- 23. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then, unless another location is expressly specified in these Terms, you and Marin Post agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute. We operate the Marin Post Service from our offices in California, and we make no representation that Materials included in the Marin Post Service are appropriate or available for use in other locations.
- 24.1. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
- 24.3. Contact Information. The Marin Post Service is offered by Community Venture Partners, Inc. located at 73 Surrey Avenue, Mill Valley, CA, 94941. You may contact us by sending correspondence to that address or by emailing us at http://MarinPost.org/contact.
- 24.4. Obtaining a Copy of These Terms. You may have these Terms mailed to you electronically by sending a letter to the address in Section 24.3 with your electronic mail address and a request for a copy of these Terms.
- 24.5. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Marin Post Service or to receive further information regarding use of the Marin Post Service.
- 24.6. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- 24.7. Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Marin Post (including by operation of law, or in connection with merger or sale of some or all of Marin Post’s assets) without restriction.
- 24.8. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof, or to otherwise aid in their interpretation.
- 24.9. Entire Agreement. This is the entire agreement between you and Marin Post relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Marin Post as set forth in Section 5 above.
- 24.10. Disclosures. The services hereunder are offered by Marin Post, located at: Community Venture Partners, 73 Surrey Avenue, Mill Valley, CA 94941 and email at CONTACT US. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
- 24.11. Survival. Sections 5 (Prohibited Conduct), 7 (Modification of Terms and Fees), 8 (Prohibited Uses), 9 (Feedback), 10 (Termination), 11 (Ownership), 15 (Notice) through 24 (Miscellaneous) will survive any termination of these Terms.