Terms of Service for CivicPulse Insights 

 

 

Thank you for using CivicPulse Insights, including reports, data, tools, and information services (individually and collectively the “Services”) which you might access collectively through a CivicPulse Insights subscription or in separate parts at separate times. 

 

The Services are owned by CivicPulse, Inc., a Washington not-for-profit corporation  (“CivicPulse”). Power Almanac is owned and operated by LTBL, LLC (“LTBL”), and is an approved reseller of the Services, which may be accessed via the CivicPulse website at www.civicpulse.org or the Power Almanac website at poweralmanac.com (collectively, the “Sites”) or provided to you by CivicPulse, Power Almanac, or a representative from either company (collectively, the “Service Provider”).     

 

These Terms of Service ("Terms") govern your use of the Services, and you indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, by signing up for a CivicPulse Insights subscription, or by using the Services.  If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization. 

 

1.  License to Use CivicPulse Insights.  

 

Provided you abide by these Terms, and satisfy all registration, payment and other requirements applicable to your CivicPulse Insights subscription, as described on the Sites and in these Terms, CivicPulse grants you a non-exclusive, non-assignable, revocable license ("License") to access and use the Services during the Subscription Period (as defined below). If you received the Services without signing up for a subscription, then the License is granted for a period of three months starting with the day you receive the Services, provided that you satisfy all registration, payment and other requirements applicable to your receiving the Services. The License allows you, during your Subscription Period only, to download, access, print, save, store, or otherwise make use of the Services. The License is subject to the limitations set forth in these Terms. 

 

2.  Subscriptions.  

 

By accepting the License to use the Services, you agree to pay the fee, if any, associated with the subscription. The “Subscription Period” has a start date and end date, with the start date being the day you subscribe, the end date being the last day of your Subscription Period, and the time from start date until end date being the length of time associated with the subscription (or the length of time agreed to in writing between you and the Service Provider).  Before the end of the Subscription Period, you will be notified by email and/or phone and given the option to renew your subscription.  Any renewal Subscription Period will have its own start date and end date.  Your “Current Subscription Period” refers to the Subscription Period that you are in at that moment, and does NOT include any prior or future subscription periods. It is your responsibility to determine if you would like to use the Services BEFORE subscribing or renewing your subscription. Once you have paid a subscription fee, that fee will not be refunded. 

 

 

2.1. Enterprise Subscription. 

 

Your subscription entitles you to share, at no additional cost, the Services to which you have access with individuals who are employed by the same company or organization employing you ("Colleagues"). Each Colleague must be employed by the same company or organization that employs you.   For the purposes of these Terms, a parent, subsidiary, or other related company is not considered part of your company or organization. Any provision or restriction directed to "you" and “your” under these Terms applies equally to every Colleague. 

 

2.2. Termination of Subscription.  

 

The Service provider may, in its sole discretion, terminate or suspend your subscription for any or no reason and with no prior notice to you; provided, however, if the Service Provider terminates for a reason other than your misconduct or breach of these Terms, and you have prepaid for your subscription, the Service Provider will compensate you on a pro rata basis for the prepaid amount(s).  Upon termination of the subscription for any reason, including non-renewal, the License will likewise terminate and you and anyone else at your organization with access to the Services shall immediately cease using the Services, including Services (or any parts thereof) downloaded from the Sites or given to you by the Service Provider.  All Services must also be purged from your systems and from your soft- and hard-copy files within 14 days of termination.  The Service Provider reserves the right to investigate your use of the Services either during your Subscription Period or after termination of your subscription in the event the Service Provider, in its sole and absolute discretion, believes you have violated these Terms.    

  

2.3. Subscription Fee Changes.  

 

The Service Provider reserves the right to change at any time the fees it charges for the Services; however, no such change will apply to a Subscription Period for which you have already paid.  

 

3. Your Responsibilities. 

 

3.1. Account Information. 

  

You agree to provide true, accurate, current, and complete information as prompted by the registration form, and maintain and update such information to keep it true, accurate, current, and complete at all times. 

 

3.2. Password and Security.  

 

Unless otherwise agreed to in writing, you will access the Services by logging into your account at the Sites.  You are responsible for maintaining the confidentiality of your CivicPulse Insights password, and you are solely responsible for all activities that occur with the use of your password. You agree to immediately notify the Service Provider of any unauthorized use of your password or any other breach of security of which you become aware. The Service Provider reserves the right to require you to change your password if the Service Provider believes that your password is no longer secure. YOU AGREE THAT THE SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD. 

 

3.3. Compliance with Applicable Law.  

 

In addition, you agree not to use the Services to violate any local, state, national, or international law or regulation.  

 

4.  No Sharing Data with Third Parties.  

 

The Services are for your exclusive use and benefit.  You may not give, share, or otherwise distribute the Services or any portion of the Services to third parties, including your organization’s parent company, subsidiaries, or other companies related to your organization. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy, monitor, download, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell or otherwise use the Services, or any portion of the Services, in any form or by any means, except as expressly permitted by these Terms. You may not sell, license, sublicense or distribute all or any portion of the Services to third parties or use the Services as a component of or as a basis for any material offered for sale, license or distribution. 

 

5.  Proprietary Rights.  

 

The format, layout, appearance and data structures related to the Services and Sites are proprietary. You may not reverse engineer or otherwise attempt to discern such proprietary architecture. CivicPulse Insights will remain the exclusive property of CivicPulse. Except for the License granted in these Terms, all rights, title and interest in the Services, in all languages, formats and media throughout the world, are and will continue to be the exclusive property of CivicPulse. 

 

6.  Copyrights.  

 

The content of the Services ("Content"), including but not limited to text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by CivicPulse. The Content may not be copied, modified, reproduced, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of CivicPulse. 

 

In addition, the content of the Sites ("Site Content"), including but not limited to text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by LTBL (for PowerAlmanac.com) or CivicPulse (for www.civicpulse.org) . The Site Content may not be copied, modified, reproduced, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of LTBL or CivicPulse, respectively. 

 

 

7.  Trademarks.  

 

CIVICPULSE and the CIVICPULSE INSIGHTS logo are trademarks of CivicPulse. POWER ALMANAC and the Power Almanac logo are trademarks of LTBL. Other names and logos displayed on the Sites may be the trademarks of their respective owners. You may not use, frame or utilize framing techniques to display any CivicPulse or LTBL trademarks without the prior written permission of CivicPulse or LTBL, respectively. 

 

8.  Privacy.  

 

Your use of the Services is subject to LTBL’s Privacy Policies at  www.poweralmanac.com/privacy-policy,  the provisions of which are incorporated into these Terms by reference. By using the Services, you acknowledge and consent to LTBL's Privacy Policy, including LTBL's collection, use and disclosure of information as described in the Privacy Policy. 

 

9.  Modification of these Terms of Service.  

 

The Service Provider may modify these Terms at any time for any reason, and the most current version of these Terms will always be posted on the Sites.  If any changes to these Terms are material, as determined in the Service Provider’s sole discretion, then the Service Provider will notify you by email.  Any changes to these Terms will become effective and binding on you after your first use of the Services following the change(s).  If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services. 

 

10.  Modifications to CivicPulse Insights; Continuity of Service.  

 

The Service Provider reserves the right to upgrade, revise, or otherwise modify the Services and Sites with or without notice to you. The Service Provider will use reasonable commercial efforts to provide access to the Services via the Sites on a 24/7 basis, but it shall not be responsible for any disruption in the Services, regardless of length. 

 

11.  Disclaimer of Warranties.  

 

Neither the Service Provider nor any of our data suppliers represents or warrants that the Services are current, complete or accurate. The Service Provider HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICES AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE SERVICES, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE SERVICE PROVIDER BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You assume all risks associated with the use of the Services. 

 

12.  Limitation of Liability.  

 

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE SERVICE PROVIDER OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES. 

 

13.  Indemnification.  

 

You agree to indemnify, defend, and hold harmless the Service Provider, its subsidiaries and related companies, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that may arise as a result of your violation of these Terms. The Service Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Service Provider’s defense of such claim. 

 

14.  Digital Millennium Copyright Act.  

 

If you believe poweralmanac.com contains content that infringes your copyright, please contact LTBL, Attn: Ron Mester, 205 De Anza Blvd, #59, San Mateo, CA 94402 or by email to copyrightagent@poweralmanac.com. If you believe civicpulse.org contains content that infringes your copyright, please contact info@civicpulse.org.  

 

In your communication, please provide the following information: 

 

• Your postal address, telephone number, and email address; 

• A description of the copyrighted work that you claim has been infringed; 

• A description of where the alleged infringing material is located; 

• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and 

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

 

15.  Other Terms.  

 

These Terms, together with any additional terms to which you agree when using the Services (for example, terms relating to the payment of fees for a CivicPulse Insights subscription), constitute the entire agreement between you and the Service Provider with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and the Service Provider with respect to the subject matter hereof. These Terms and the relationship between you and the Service Provider shall be governed by the laws of the State of Washington. All lawsuits arising from or relating to these Terms or your use of the Services shall be brought in the Federal or State courts located in San Mateo County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of the Service Provider to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of the Service Provider and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.   Sections 2.2, 5 - 7 and 11 - 13 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall survive the termination or expiration of your subscription to the Services.