Marin Post Terms of Service
Last updated: 09/19/2016
Note: You are entering into a legally binding agreement with Community Venture Partners, Inc. (“CVP”, "we" or "us").
If you do not agree to these Terms, or are not eligible to use the Marin Post Service, then you do not have our permission to use the Marin Post Service.
These Terms provide that all disputes between you and CVP 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 CVP.
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 CVP. BY USING THE MARIN POST SERVICE, YOU REPRESENT THAT YOU (1) ARE AT LEAST 18 YEARS OF AGE, (2) DO NOT HAVE MORE THAN ONE ACCOUNT ON THE MARIN POST SERVICE, (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: (a) you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; (b) you agree to be bound by these Terms on behalf of such Subscribing Organization; and (c) the term “you” as used herein shall be deemed to refer to such Subscribing Organization.
1.3. Registration Information and Password: You agree that the information you provide to CVP 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. 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.
1.4. Permission to Use the Marin Post Service: Subject to your compliance with all the terms and conditions herein, CVP grants you permission to use the Marin Post Service as set forth in these Terms.
1.5. Required Equipment: You agree that you are responsible for providing all equipment and software required to connect with and access the Marin Post Service, 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 a platform that 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, 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 posts, messages, text, images, video, audio, or other materials or submissions (collectively “Content”) made available 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 on, through or in connection with the Marin Post Service. You acknowledge that CVP 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.
2.2. Content Disclaimer. Content made available by users through the Marin Post Service does not necessarily reflect the views of CVP or its officers, directors, affiliates or agents. We expressly disclaim any and all warranties and liability in connection with Content. In particular, CVP makes no warranties whatsoever regarding the completeness, legality, accuracy, sincerity, genuineness, or quality of any 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, CVP 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 posted on the “About Us” page of the Marin Post Service or rules applicable to specific services and features to which you may agree in connection your use of any features of the Marin Post Service (collectively, 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. There are two user account types: Guests and Contributors.
4.1. Guests. All newly-created accounts are Guest accounts by default. Guests can publish and/or link to Content and delete their own Content after it has been published, but may not edit Content subsequent to publication. Guests do 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 using the contact form available through the Marin Post Service.
4.3 General Payment Terms. Certain features of the Marin Post Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
4.3.1 Authorization. You authorize CVP to charge all fees for the features you select as published by CVP, including all applicable taxes, to the payment method you specify at the time of purchase. If you pay any fees with a credit card, CVP may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3.2 Subscription Service. The Marin Post Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize CVP to periodically charge, on a going-forward basis and until cancellation of the recurring payments, all accrued sums on or before the payment due date for such accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Marin Post Service. For information on the subscription fee, please see the “My Subscription” page of the Marin Post Service. You will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us when you subscribe to the Subscription Service. You may cancel the Subscription Service through the Marin Post Service or by contacting us at email@example.com.
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 or for, as a part of, or in connection with any illegal purpose whatsoever;
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;
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, taunt, insult, personally attack, 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, access another user's account, share passwords used to access the Marin Post Service with any third party, or encourage any other user to do the foregoing;
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 Marin Post Service, 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, sub-license, 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 CVP in any way (unless you have entered into a separate written agreement with CVP expressly authorizing you to do so);
5.17 adapt, modify, repurpose or otherwise create derivative works based on the Marin Post Service or any Content, design, user interfaces, underlying technology, software, widgets, and/or applications available on the Marin Post Service;
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 users of the Marin Post Service;
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, gain unauthorized access to, remove Content (other than your own Content) from, 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 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 accessing or using the Marin Post Service or communicating with other users, especially when giving out any personally identifying or financial information, or engaging in any related transactions. You are responsible for knowing and complying with all applicable laws and regulations.
6.2. CVP is not responsible for validating, monitoring, reviewing, endorsing, or otherwise approving any user, Content posted by any user, or any representation that might be made by any user, including without limitation with respect to that user’s non-profit status or the tax-deductible status of any transactions with or donations to such user. It is your sole responsibility to determine for yourself the advisability and tax implications of any donation or other transaction you make with any third party (including any user).
6.3. While CVP may, from time to time, provide information through the Marin Post Service, such information is for your convenience only, and CVP does not warrant that it is current, complete, or accurate.
7. Modification of the Terms and Fees.
7.1. Modification of the Terms: CVP reserves the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, CVP may require that you accept the modified Terms in order to continue to use the Marin Post Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 7.1, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
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. CVP reserves the right, in its sole discretion, to change the pricing of the Marin Post Service, including by adding or removing paid features, 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 approval in our sole discretion, and will not be effective until confirmed by CVP.
8.1. Illegal Access. 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 governing the internet, data, email, or privacy.
8.2. Improper Use. 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 by us through the Marin Post Service.
8.3. Malicious Code. 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 attempt to 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 CVP with any comments, suggestions, bug reports, feedback, or proposed modifications (“Feedback”), you hereby grant CVP a worldwide, perpetual, irrevocable, royalty free, fully paid up, unrestricted right and license to use such Feedback for any purpose, including without limitation to incorporate such Feedback into the Marin Post Service.
10.1. Termination by CVP. You agree that CVP, in its sole discretion and for any or no reason, may terminate your account (or any part thereof), or disable any feature thereof, and remove and discard all or any part of any Content submitted or uploaded by you, at any time. CVP may also, in its sole discretion and at any time, discontinue providing you access to the Marin Post Service, or any feature thereof, with or without notice. You agree that any of the foregoing may be affected without prior notice, and you agree that CVP will not be liable to you or any third-party for any such termination.
10.2. Infringing Activities. CVP 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 CVP may have at law or in equity.
10.3. Inactive account. Any user account that has been inactive for a period of two consecutive years may be automatically terminated.
10.4. Termination by You. You may terminate your account at any time, and for any reason or no reason, by going to the “Delete Account” page of the Marin Post Service and clicking the button labeled “Delete My Account.” This will not automatically delete or hide Content posted by you prior to termination.
10.5. Fees Owed. 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. As set forth in Section 4.3, any fees paid prior to termination are non-refundable, irrespective of whether these Terms are terminated by CVP or by you.
11. Ownership; Proprietary Rights. The Marin Post Service is owned and operated by CVP. 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 CVP ("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 CVP or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to CVP or its affiliates and/or third-party licensors. Except as expressly authorized by CVP, 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 CVP (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 opt to remove a Submission in accordance with the procedures set forth in these Terms, then the license granted to CVP in Section 12.2 will terminate; provided, however, that: (a) CVP will not be obligated to terminate any sub-license rights previously granted with respect to the Submission; and (b) CVP may continue to display the Submission on the Marin Post Service for the amount of time necessary to remove the Submission after receiving your removal request; and (c) nothing in this Section 13 shall prevent CVP from maintaining copies of the Submission in backups or archives created as part of the routine operation of the Marin Post Service. 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 CVP will not be obligated to terminate any sub-license 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 CVP 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. YOU AGREE THAT CVP 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"). CVP 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, CVP 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 CVP 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 CVP 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 CVP 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. CVP 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 CVP (and CVP’s 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, CVP, 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.
CVP, 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.
CVP 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.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CVP DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT CVP IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
18. Indemnification. To the fullest extent permitted by law, you agree to indemnify CVP, 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 unauthorized 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. CVP 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 CVP, OR ITS DIRECTORS, OFFICERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, ASSIGNS, 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 CVP OR THE MARIN POST SERVICE, EVEN IF CVP OR AN AUTHORIZED REPRESENTATIVE OF CVP 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, CVP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT AS SET FORTH IN SECTION 22.4, IN NO EVENT WILL CVP, 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 ($100), 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 CVP 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:
73 Surrey Avenue
Mill Valley, CA 94941
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. CVP will promptly terminate without notice the accounts of users that are determined by CVP 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 CVP 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 CVP in the most expedient and cost effective manner, and except as described in Section 22.2, you and CVP agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal 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. This 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 CVP 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, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
22.3. Arbitrator. Any arbitration between you and CVP will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. 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 CVP. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
22.4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). CVP’s address for Notice of Arbitration is: Community Venture Partners, Inc. 73 Surrey Avenue Mill Valley, CA 94941. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or CVP may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or CVP must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by CVP in settlement of the dispute prior to the award, CVP will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
22.5. Fees. If you commence arbitration in accordance with these Terms, CVP 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: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) 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 CVP 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 CVP 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 CVP 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 CVP makes any future change to this arbitration provision, other than a change to CVP’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to CVP’s address for Notice of Arbitration, in which case your account with CVP will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected 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 CVP 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 using the form available 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 CVP (including by operation of law, or in connection with merger or sale of some or all of CVP’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 CVP 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 CVP as set forth in Section 5 above.
24.10. 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.
24.11. No Support. We are under no obligation to provide support for the Marin Post Service. In instances where we may offer support, the support will be subject to published policies.
24.12. International Use. The Marin Post Service is intended for visitors located within the United States. We make no representation that the Marin Post Service is appropriate or available for use outside of the United States. Access to the Marin Post Service from countries or territories or by individuals where such access is illegal is prohibited.