Terms of Service

These Terms of Service set forth the terms and conditions that apply to your use of the Common Impact, Inc. website located at http://www.capacitycommons.org (or successors URLs) and our related services and materials (collectively, the “Service“) which are offered to you by Common Impact Inc. (Common Impact). Subject to your compliance with these Terms of Service, Common Impact grants you permission to use the Service as set forth below.

PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT. BY REGISTERING, ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE, INCLUDING THE COMMON IMPACT PRIVACY POLICY, THE CAPACITY COMMONS PRIVACY POLICY [ insert link], AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS“). IF YOU ARE NOT ELIGIBLE, OR AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.

Eligibility, Registration Information and Password

Eligibility
The Service is not intended for persons under the age of 13 or for any users suspended or removed from the Service by Common Impact. By using the Service, you represent that you are at least 13 years of age and have not been previously suspended or removed from the Service. If you are older than 13 but younger than 18 years of age (“Minor Child”), you must have parental consent before registering for the Service. If you have agreed to allow your Minor Child to use the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor Child; (b) monitoring such Minor Child’s access to and use of the Service; and (c) the consequences of any use of the Service by such Minor Child. If you are using or registering an account on the Service on behalf of a company, entity, or organization (a “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 that you agree to be bound by these Terms on behalf of such Subscribing Organization.
Registered Account
In order to access some features of the Service, you will have to create an account. You represent and warrant that the information you provide to Common Impact upon registration and, at all other times, will be true, accurate, current and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. If 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, for restricting access to your computer and for logging off of the Service at the end of each session. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, unauthorized disclosure or use of your account ID or password), you shall immediately notify Common Impact at info@commonimpact.org. YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY COMMON IMPACT OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

Use of the Service-Permissions and Restrictions

Service Access
Common Impact grants you permission to use the Service as set forth in these Terms, provided that and so long as (i) you use the Service solely for your personal, private, noncommercial use unless otherwise agreed to by Common Impact; (ii) you do not download, reproduce, redistribute, retransmit, publish, resell, publicly display or otherwise exploit any portion of the Service in any medium without Common Impact’s prior written authorization or unless expressly permitted in these Terms; (iii) you do not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. You understand that certain portions of the Service may not be accessible to all users, including but not limited to our online community. Common Impact reserves the right to terminate or suspend your account, deny you permission to access the Service or deny you permission to register an account for any or no reason.
Ownership; Proprietary Rights
As between the parties, the Service, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Service are owned and operated by Common Impact, its affiliates and/or its licensors. Except as expressly authorized by Common Impact, you agree not to sell, license, distribute, copy, publicly perform or display, transmit, edit, adapt, modify, create derivative works from, or otherwise make unauthorized use of the Service. Common Impact reserves all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to the Service, except for the limited rights set forth in these Terms. All trademarks, service marks, and trade names are proprietary to Common Impact, its affiliates and/or its licensors and may not be exploited without the express permission of the owner of such marks or as otherwise authorized under these Terms.

Privacy, Additional Terms

Privacy
Your privacy is important to Common Impact. The Service privacy policies for the Common Impact website and Capacity Commons website (the “Privacy Policies“) are hereby incorporated into these Terms by reference. Please read the Privacy Policies carefully for information relating to Common Impact’s collection, use and disclosure of your personal information.
Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features that we may post on or link to the Service (the “Additional Terms“), including end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Service. Unless otherwise noted, all Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Rules For Use of the Service

As a condition of your use of the Service, you hereby represent and warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms.
Any use by you of any of the Service other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Service, use of the Service, access to the Service or Submitted Content obtained through the Service for any purpose other than for your personal, private, non-commercial purposes. You agree not to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right.
You agree not to intentionally interfere with or damage, impair or disable the operation of the Service, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service or features that enforce limitations on the use of the Service.
You agree not to attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper workings of the Service or any activities conducted through the Service.
You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
You agree not to utilize framing techniques to enclose any trademark, logo or other materials on the Service without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing Common Impact’s name or trademarks without our express written consent.
You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree not to modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree not to perform fraudulent activity, including impersonating another person or entity, or falsely claiming or otherwise misrepresenting your affiliation with another person or entity, or falsifying your age or date of birth.
You agree not to use any material or information available through the Service in connection with any site or other use that contains or is associated with information or content prohibited by these Terms.

Your Relationship with Third Parties

Third-Party Services and Third-Party Materials
Common Impact may provide tools through the Service that enable you to import or export information, including User Content, from or to third party services, including through features that allow you to link your account on Capacity Commons with an account on the third party service, such as LinkedIn, or through our implementation of third party buttons (“Linked Services“). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites or may provide third-party materials, media, content, software, services or applications on the Service (collectively with the Linked Services, the “Third-Party Materials“). Common Impact has no control over such Third-Party Materials, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third-Party Materials. Common Impact provides links or Third-Party Materials to you only as a convenience, and the inclusion of any link or Third-Party Materials on the Service does not imply our affiliation, endorsement or adoption thereof. Access and use of Third-Party Materials, including the information, materials, products, and services, is solely at your own risk. Our terms and policies do not govern your use of any site other than the Service. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third-Party Materials.

Termination

By Common Impact
You agree that Common Impact, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have through the Service or terminate or restrict your use of the Service, and may remove and discard all or any part of your account or any Submitted Content or any information stored, sent or received via the Service, at any time and without prior notice. You further agree that Common Impact shall not be liable to you for any such termination. These remedies are in addition to any other remedies Common Impact may have at law or in equity and termination, suspension or cancellation of these Terms or your access rights shall not affect such remedies. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to Common Impact and its licensors.
By User
If you are dissatisfied with the Service, please let us know at info@commonimpact.org. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the Service; (ii) any term of these Terms; (iii) any policy or practice of Common Impact in operating the Service; or (iv) any content or information transmitted through the Service is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the Service and providing notice of termination at info@commonimpact.org.

Warranty Disclaimer

Acknowledgement
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM COMMON IMPACT INCLUDES COMMON IMPACT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS, SUPPLIERS AND SUBCONTRACTORS.
No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMMON IMPACT DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMON IMPACT OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
“As is” and “As Available” and “With All Faults”
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, SUBMITTED CONTENT AND ANY THIRD-PARTY MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Service Operation
COMMON IMPACT DOES NOT WARRANT THAT THE SERVICE, SUBMITTED CONTENT OR THIRD-PARTY MATERIALS OFFERED ON, THROUGH OR IN CONJUNCTION WITH THE SERVICE OR ANY THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR AVAILABLE FOR USE AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Accuracy
COMMON IMPACT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE IN CONJUNCTION WITH OR THROUGH THE SERVICE OR ANY THIRD PARTY MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY MATERIALS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

Limitation of Liability

Acknowledgement
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM COMMON IMPACT INCLUDES COMMON IMPACT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS, SUPPLIERS AND SUBCONTRACTORS.
Limitation of Liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORTS OR STRICT LIABILITY, SHALL COMMON IMPACT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO: (I) THESE TERMS; (II) YOUR USE OR A DELAY OR INABILITY TO USE THE SERVICE OR ANY THIRD PARTY MATERIALS; (III) ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE; (IV) COMMON IMPACT’S REMOVAL OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE; (V) THE SERVICE; OR (VI) ANY OTHER INTERACTIONS WITH COMMON IMPACT, EVEN IF COMMON IMPACT OR A COMMON IMPACT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMMON IMPACT SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMMON IMPACT SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM YOUR PARTICIPATION IN ACTIVITIES LISTED ON THE SERVICE.
Third Party Materials
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON OR THROUGH ANY THIRD PARTY MATERIALS OR OTHERWISE BY THIRD PARTIES OTHER THAN COMMON IMPACT AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY MATERIALS.
Limitations by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT COMMON IMPACT HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMMON IMPACT AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMMON IMPACT. YOU ACKNOWLEDGE AND AGREE THAT COMMON IMPACT WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMMON IMPACT, COMMON IMPACT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS, SUPPLIERS AND SUBCONTRACTORS FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE SERVICE; (II) YOUR SUBMITTED CONTENT, INCLUDING COMMON IMPACT’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN OR OTHERWISE WITH RESPECT TO YOUR SUBMITTED CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY SUBMITTED CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; (VI) ANY MISREPRESENTATION MADE BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE; AND (VII) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY COMMON IMPACT. COMMON IMPACT RESERVES THE RIGHT, AT YOUR 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. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF COMMON IMPACT. COMMON IMPACT WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

Monitoring

Common Impact does not control and does not have any obligation to monitor: (i) Submitted Content; or (ii) the use of the Service by its users. You acknowledge and agree that Common Impact reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time, Common Impact chooses, in its sole discretion, to monitor the Submitted Content, Common Impact nonetheless assumes: (i) no responsibility or liability for the Submitted Content or any loss or damage of any kind incurred as a result of the use of such content; and (ii) no obligation to modify or remove any inappropriate Submitted Content. During monitoring, information may be examined, recorded, copied and used for authorized purposes in accordance with our Privacy Policies.

General

Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policies. Please read our Privacy Policies to learn more about your choices regarding our electronic communications practices.
Modification
Common Impact reserves the right, at our sole discretion and at any time without notice, to change, modify, add or remove portions of the Terms or to modify, add or discontinue any aspect, content or feature of the Service (including but not limited to the media, web communities, products or services available therein). Common Impact may, in its sole discretion, restrict the time of availability of the Service, restrict the availability or scope of the Service for certain platforms and/or restrict the amount of use permitted. The content, products, or services on the Service may be out of date, and Common Impact makes no commitment to update these materials on the Service. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified terms in order to continue to use the Service. Material modifications are effective upon the earlier of (i) your acceptance of the modified Terms or (ii) your continued use of the Service with actual knowledge of such modified Terms. Immaterial modifications are effective upon publication.
Notice
Common Impactmay provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Service. If notice is by email or mail, it will be provided to the email or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after email is sent, unless Common Impactis notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Common Impact with notices only by mail to its address as provided below.
Export Control
Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote Common Impact’s services and other products available in the United States, its territories, possessions and protectorates. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Severability
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, without the express written consent of Common Impact but may be assigned by Common Impact without restriction. Any assignment attempt in violation of these Terms shall be null and void.
Independent Contractor
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Common Impact as a result of these Terms or use of the Service. You further acknowledge that by transferring Submitted Content or other content to Common Impact, no confidential, fiduciary, contractually implied or other relationship is created between you and Common Impact other than pursuant to these Terms.
Waiver
No waiver of any provision or any right granted hereunder shall be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement
This is the entire agreement between you and Common Impact relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Common Impact as set forth in these Terms.
Claims
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures
The services hereunder are offered by Common Impact, located at:
Common Impact
195 Montague Street
(646) 493-9977
E-mail: info@commonimpact.org