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Terms of Service

CivicRush is a mobile application, website and social network owned and operated by Metaformers, Inc., a Virginia corporation. Your[1] use of CivicRush (the “Service”) means that you agree to and will comply with the terms and conditions of this Terms of Service Agreement, also known as the “Rules.” If you cannot or will not follow these Rules, do not use the Service. Accordingly, by using CivicRush, you agree that you have carefully read the following:

Use of the Service

  • In order to use the Service you must establish an account (“Account”)
  • An Account is free.
  • To obtain an Account, you must (i) be at least 13 years old; (ii) provide your legal name; (iii) provide a valid email address; and (iv) create a password.
  • You must access your Account by using your email address and password.
  • If you are establishing or using an account on behalf of a corporation or other legal entity, you represent that you have the authority to bind such entity.
  • You cannot use the Service for any illegal or unauthorized purpose. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
  • Your use the Service is at your own risk.

Identity and Security

As a condition to using Services and establishing an Account, you agree to provide us[2] with accurate, complete, and updated registration information, including your legal name, a nickname, and e-mail address . Failure to do so shall constitute a breach of this Agreement, which may result in immediate cancellation of your Account. You may not (a) select or use as an account name a name of another person with the intent to impersonate that person; (b) use as an account name a name subject to any rights of another person without appropriate authorization; or (c) use as an account name a name that is libelous, defamatory, abusive, threatening, harassing, hateful, or offensive. We reserve the right to refuse registration of, or cancel an account name in our sole discretion.

You and you alone are responsible for all activity associated with your Account. You agree to notify us immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. CivicRush will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims.

Copyright and Content Ownership

You own all and retain rights over all original text, images, audio, video, and the like (collectively, “Content”), that you provide or post to the Service. All other Content on the Service (other than Content posted by another user or which belongs to a third-party) belongs to us. The look and feel of the Service is copyright 2018 Metaformers, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the code, or visual design elements or concepts without express written permission from us.

You may use CivicRush webpages and mobile application screens solely as permitted and intended by CivicRush application and for no other purpose. We reserve the right at all times to reclaim any CivicRush account without liability to you.

If you post Content to the Service, you agree to irrevocably give us permission—a license—to use, store, review, publish, distribute, etc., that Content for purposes of providing, promoting, and improving the Service. Our license in your Content shall last forever, even if you later remove the Content or cancel your Account.

You warrant, represent and agree that you will not post any Content that:

  1. infringes, violates or otherwise interferes with any copyright or trademark of another party,
  2. reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it,
  3. infringes any intellectual property right of another or the privacy or publicity rights of another,
  4. is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party,
  5. contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or
  6. remains posted after you has been notified that such your Content violates any of sections (a) to (e) above.

We have the right to take any action we deem appropriate, in our sole discretion, in response to Content you post that is in violation of sections (a) to (f) above, including removing such Content, and suspending or Canceling your Account. While we prohibit users from posting such Content on the Service, we cannot be and are not responsible for any offense or harm such Content may cause you.

We do not screen Content that is posted to the Service , but we will respond to notices we receive about Content that allegedly violates these Rules. We will respond to notices of alleged copyright infringement according to the processes set out in the Digital Millennium Copyright Act (“DCMA”). Information about DCMA can be found here, and information about copyright laws can be found here. We will respond to all other notices of alleged violations of these Rules in our sole discretion.

Indemnification

You agree to indemnify us and hold us harmless for any and all claims against us arising out of or relating to your Content or your use of the Service. In the event that any third party files a lawsuit against us alleging that your use of the Service or your Content infringes or misappropriates their intellectual property rights, violates applicable law, or otherwise violates these Rules, you will be responsible for all our legal costs (including reasonable attorneys’ fees), and any damages that may be awarded against us.

Privacy

We are committed to your privacy. Please see our Privacy Policy for more information.

Software and Applications

We may develop one or more software applications (“Apps”) in connection with the Service. Any use of an App, including any App developed by a third-party that accesses the Service, is bound by these Terms of Service. In addition, you expressly understand and agree that We are not responsible for any loss or damage resulting from your use of the App.

Modification and Cancellation

From time to time, we may modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. Any changes we make to the Service are subject to these Rules, and your continued use of the Service constitutes your agreement to such changes.

We may cancel your Account at any time and for any reason. If we cancel your Account, all of your Content may be deleted and will not be recoverable.

No Warranty/Disclaimer

The Service is provided “as is” and “as available.” While we will make every reasonable effort to store and preserve your Content on the Service, we do not make any warranty or promise of any kind whatsoever regarding the Service, your Content, and your use of the Service.

To the fullest extent possible under the law, We exclude all warranties and disclaim any liability or responsibility for damages or loss You may incur, directly or indirectly, as a result of Your use of the Service. Where such warranty exclusions and/or limitations of liability are prohibited by law, We will not be responsible for lost profits, special, consequential, exemplary, or punitive damages. Our total liability to you, if any, is limited to the amount of money you paid, if any, to use the service.

Arbitration

You agree that any claim or dispute against any us, our directors, officers, agents, and employees, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Arbitration Rules then in effect. Fairfax County, Virginia shall be the exclusive venue for any arbitration hearing. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. This agreement shall be interpreted under the Federal Arbitration Act.

General

  1. These define and control our relationship with you, and do not give rights to any third parties.
  2. If you break any of these Rules, and we do not take an action against you, you should understand that this does not mean we gave up our right to do so.
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
  4. If a Court says that any of these Rules are unenforceable, this will not mean that the other Rules are no longer enforceable.
  5. This is the complete agreement between you and us, and replaces any and all prior agreements.
  6. The laws of Virginia, excluding Virginia’s conflict of laws rules, will apply to any disputes arising out of or relating to these Rules.

  1. The terms “you” or “your” as used in this Agreement mean the user of the Service.
  2. The terms “us,” “we,” or “our” as used in this Agreement mean Metaformers, Inc.