Thanks for participating in the Communitelligence.com Community (the “Web Site”). This page states the terms and conditions (the “Terms” or the “Agreement”) under which you may use the Web Site. Please read this page carefully. By accessing the Web Site you accept and agree to be bound by these Terms. If you do not accept any of the Terms stated here, do not use the Web Site. Communitelligence.com may, in its sole discretion, modify or revise these Terms at any time by updating this page. Users and Registered Members are bound by any such modifications.
Item A. Web Site Materials
The contents of this Web Site, including but not limited to: text, graphics, illustrations, logos, software, trademarks, service marks and other material (“Material”) are protected by copyright and other laws.
Communitelligence.com authorizes you to view the Material on the Web Site solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose without the written permission of Communitelligence.com. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.
Item B. Web Site Warranties
The Communitelligence.com Web Site and Materials contained therein are provided on an “AS IS” basis without any warranties of any kind, either express or implied. Communitelligence.com, to the extent permitted by law, disclaims all warranties, included but not limited to: warranties of title, fitness for a particular purpose, and non-infringement of third party rights. Communitelligence.com make no warranties about the accuracy, completeness, reliability, or timeliness of the material and links presented on the Web Site.
Neither does the company warrant that the Web Site will operate without error or that the Web Site and its server are free of computer viruses or other harmful code. Communitelligence.com is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Web Site. Communitelligence.com contains materials provided by third parties, and will likewise not be held responsible for any such third party material.
Item C. Disclaimer of Damages & Limitation of Liability
Your use of Communitelligence.com is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, our Privacy Policy or any other policies, your sole remedy is to discontinue use of the Web Site.
In no event will Communitelligence.com be liable to any user or other third party for any damages resulting from the use or inability to use the Web Site or the materials contained therein. This disclaimer and limitation includes direct, indirect, incidental, special, consequential, or exemplary damages or lost profits, and applies whether based on warranty, contract, tort, or any other legal theory, regardless of whether Communitelligence.com is advised of the possibility of such damages.
Item D. Public & User Submissions – General
Communitelligence.com includes postings, listings, graphics, stories, and articles from third parties. Such content is the responsibility of the third party creator of the content. Communitelligence.com has no responsibility for such content and is merely providing access to such content as a service to you. While Communitelligence.com will endeavor to remove any offensive or harmful content from the Web Site as soon as it comes to our attention, third party materials may include offensive, inappropriate, harmful, or deceptive information.
Item E. User Responsibilities & Privileges
You agree that you are responsible for your own submissions and postings and for any consequences thereof. You agree to use Communitelligence.com only to post materials that are legal, proper and related to the purposes of this geographic community. By way of example, and not as a limitation, you agree that when using this Web Site, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, make available, distribute or disseminate or offer to do the same (hereinafter “Post”) any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information;
Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another’s computer software, hardware or telecommunications equipment;
Post spam, chain letters, promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Web Site intended for such uses;
Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted
Restrict or inhibit any other user from using and enjoying the use of the Web Site
Collect or store personal data about other users;
Hack into any part of the Web Site;
Encourage, glorify or commit a criminal offense.
Registered Members of Communitelligence.com additionally agree to the Privacy Policy and the following:
To provide truthful, correct, current, verifiable and complete Registration information;
To update Member information as necessary by logging-in to the My Ntelligence Member Info page;
To maintain an active email account to receive communications from Communitelligence.com regarding Web Site updates, announcements and Membership-related messages; please note Membership requires these email notices; you may not opt out of receiving them. If Web Site emails are unable to be delivered to your email account, Communitelligence.com will remove your Membership;
To keep your Member password and Message Board password (if different from Member password) confidential; you must notify Communitelligence.com of any unauthorized use of your Member Account information;
To log out at the end of each web session, including Message Board use; Communitelligence.com is not liable for any loss or damage arising from your failure to comply with this requirement.
You agree that Communitelligence.com may – given certain circumstances and without prior notification – terminate all Membership privileges. Cause for termination shall include, but not be limited to:
Violations of this Terms of Service Policy and/or the Privacy Policy;
Member initiated request;
Extended periods of account inactivity;
More than three returned emails;
Unforeseeable technical difficulties or issues;
Llaw enforcement requests.
Item F. Our Obligation to Monitor Content
Communitelligence.com does not control the information posted by Web Site users or Registered Members, and has no obligation to monitor postings. However, Communitelligence.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Communitelligence.com’s sole discretion.
Communitelligence.com does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information posted by third parties, or endorse any opinions expressed by them. You acknowledge that any reliance on material so posted will be at your own risk.
If Communitelligence.com is notified by a user of content which allegedly does not conform to any term of this Agreement, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the content. If Communitelligence.com, or one of our agents, chooses to edit third-party content, this action does not set a precedent for any other alleged violation of either the Terms Of Service/Use or Privacy Policy. Communitelligence.com will have no liability or responsibility for performance or non-performance of such investigation. Communitelligence.com reserves the right to terminate or restrict your access to any or all Membership privileges at any time without notice for any reason whatsoever.
Item G. Copyright Infringement
Posting communications on or through the web site automatically grants Communitelligence.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Communitelligence.com may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Web Site that infringes on the rights of others. If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, please provide Communitelligence.com with a written notice – by postal mail, e-mail, or FAX – that includes the following information:
The signature (electronic or physical) of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed
A description of or actual page link to where the material in question is located on the Web Site
Your mailing address, telephone number, and email address
A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalfFor purposes of such notice, Communitelligence.com’s address for notice is as follows:
Communitelligence.com
A Division of Communitelligence, Inc.
P.O. Box 28956
Jacksonville, FL 32226
Phone: 904-588-2366
Email: customerservice AT Communitelligence.com
Item H. Links to Other Web Sites
Communitelligence.com contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to our users, and are not an endorsement by Communitelligence.com of the contents on such third-party Web sites. Communitelligence.com is not responsible nor liable for the availability and content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party Web Sites, you do so at your own risk.
Item I. Indemnity
You agree to defend, indemnify, and hold harmless Communitelligence.com, its officers, directors, employees, agents and Message Board Moderators from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. Communitelligence.com will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
Item J. General Disclaimer
Communitelligence.com makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
Communitelligence.com is headquartered in Scott County, Iowa. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of Iowa. By using this Web Site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Web Site is the appropriate United States District Court, or if such court lacks subject matter jurisdiction, the Supreme Court of the State of Iowa.
You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
