(a) ""We", "Us", "Our" means The Coalition to Keep Us Safe and its affiliates (collectively, the “Coalition”);
(b) "Site" means this website, namely www.coalitiontokeepussafe.com and any other related websites We may have or establish;
(c) "You", "Your" or “User” means any visitor to this Site, including any entity you may represent;
(d) "Content" or "Contents" means all information, text, photographs, designs, graphics, images, sound and video recordings, animation, music, trade dress, trademarks, patents, works of authorship, products, services, newsletters, articles, papers, features, functions, the selection and arrangement of the foregoing, and all other materials and information of any kind or nature contained on or made available on this Site;
(e) "Submitted Data" means any data you transmit to the Site, including “User Generated Content” as defined below in Section 4, whether such data consists of text, pictures, art work, photographs, images, drawings, designs, or other data types, such as audio, video, or multimedia; and
2. Acceptance of Terms.
By accessing the Site on the Internet or World Wide Web and/or clicking on the ‘yes’ button at the bottom of this page, you are agreeing to comply with and be bound by the Terms. If you do not wish to agree to the Terms, do not access or use any part of any Site. This Site is intended for use by individuals who are at least 18 years of age. If you are under 18 years of age and your parent or guardian has any concerns, please feel free to contact us via email at email@example.com.
3. Registration Service
As part of your visit to the Site, you may select a User ID and Password that is unique to you. You are responsible for maintaining the confidentiality of your account information, including your User ID and Password when accessing the Site. You understand that your account information on the Site is controlled by you, through the User IDs and Passwords that you selected. You agree to accept responsibility for all activities that occur under your account, User ID and Password. You may only use the registration service to register and view information presented on the Site and to make legitimate inquiries, requests or submissions. You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. If you believe that the confidentiality of any of your User IDs and/or Passwords has been compromised or that someone has accessed your account without authorization, please contact us immediately at firstname.lastname@example.org.
4. Use of Site.
This Site offers a place for Users to voice their opinions about or disagreement with excavation of waste at West Lake Landfill (collectively, “the Purposes”). The Coalition invites Users to share thoughts, comments, ideas, stories, photos, images and videos that further the Purposes (collectively, “User Generated Content”) so long as the User Generated Content abides by the Usage Rules discussed below.
(a) Unlawful Purposes. In order to create a respectful and hospitable environment for our Users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not post or submit information that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
(b) Unsolicited Information. We welcome your comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas or materials. Accordingly, Users may not post commercial solicitations, charitable requests, chain letters, mass mailings, or any form of "spam” on the Site. You may not post or transmit any advertising, promotional materials or any other solicitation of others to use goods and services.
(c) Unauthorized Access. You may not use a false e-mail address, impersonate any person or entity, or otherwise be misleading as to the origin of the content. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site and use your account or post User Generated Content for any purpose.
(d) Interference with Other Users’ Use. You shall not interfere with other Users’ use of the Site, including, without limitation, disrupting the normal flow of communication, disrupting User Generated Content, spamming, or otherwise using abusive tactics to deter others from communicating on the Site.
(e) Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
(f) Abusive Conduct. You may not post or transmit any message which is harmful, threatening, abusive or hateful. We reserve the right to take such action as we deem appropriate in cases where User Generated Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
5. Anonymous or Non-Personally Identifiable Information.
When you visit this Site, we may automatically collect information from you, such as the search engine you used to access the Site, the previous websites you visited, the websites or advertisements you view or select, the type of Internet browser you use, the computer operating system you use, and your computer's IP address. We may also collect information that you disclose on the Site. We may also combine anonymous usage information collected from your visit to the Site with that of other users to determine which features and areas of the Site are most popular. This aggregated information does not contain information personally associated with you.
6. Personally Identifiable Information.
Personally identifiable information is information that identifies you, such as your name, social security number, postal address, telephone number, e-mail address, transactions on this Site, and other information once it is associated with your personally identifiable information. We may ask you to provide personally identifiable information, which we may use to: (i) facilitate communication between you and legislators; (ii) personalize your user sessions; and/or (iii) otherwise further the Purposes of the Site.
We may also collect publicly available information about you from other sources, such as information from newspapers, blogs, and commercial websites or third party data aggregators. We may use such information to supplement your personally identifiable information maintained by us. We may also collect personally identifiable information that you voluntarily disclose on the Site, absent any request from us.
7. Our Use and Sharing of Information.
The Coalition uses and shares anonymous and personally identifiable information as follows:
(a) Fulfillment, Changes, and Communications. We use personally identifiable information for the purpose for which you provided it, and to allow you to participate in any public area of the Site. We may also use personally identifiable information to notify you of changes to this Site, to provide you with news, e-mails, and other information that may be of interest to you, and to tailor our online offerings to your preferences.
(b) Website Analysis. We may also combine anonymous usage information collected from your visit to the Site with that of other users to determine which features and areas of the Site are most popular. This aggregated information does not contain information personally associated with you.
(c) Sharing With Affiliates, Vendors, and Third Parties. We may also update, supplement, share, and combine personally identifiable information collected from you with other information (including personally identifiable information) that we obtain from, or was secured by, third parties or by our affiliates. We will not sell or rent your personally identifiable information to any Third Party.
(d) Aggregated Information. We may share aggregated information with third party service providers to assist us with collecting demographic information and improving our Site.
(e) Social Networks. If you are a member of a social network service, such as Facebook, Twitter, MySpace, or similar websites or services that you have authorized to gather information about your online behavior on our Site, including participation in any behavioral reporting program they may operate on or off of their own site, we may share information regarding your activities on our Site with such third parties, and they may associate and use that information with personally identifiable information they already have about you (such as Your Facebook Profile).
8. Accessing and Disclosing Account Information.
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and safeguarding of files. We specifically deploy encryption technology to protect your personal information, and take reasonable measures to ensure that your information remains accurate, protected, and current.
10. Third Party Links, Products and Services.
If you accessed the Site through a link from a Third-Party Portal or if the Site provides links to any third-party sites, you agree that the Coalition has no control over the content on such sites AND YOU AGREE THAT WE ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH THIRD-PARTY SITES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THE COALITION ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTIES.
11. Submitted Data.
11.1 Copyright Policy, Representation and Warranty.
You are wholly responsible for any data you transmit to the Site (as defined in Section 1, “Submitted Data”), whether such data consists of text, pictures, art work, or other data types, such as audio, video, or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks, service marks or trade dress without the permission of the trademark owner. You are responsible for assuring that no Submitted Data you transmit to a Site violates any copyright or trademark right, and that all Submitted Data complies with these Terms. Before transmitting Submitted Data to the Site, you should assure that such Submitted Data is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Submitted Data to the Site and/or by submitting Submitted Data for integration, sharing, storage or fulfillment: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy, create derivative works, and display the Submitted Data for the Site’s Purposes; and (ii) you represent and warrant to us that the Submitted Data are in the public domain; or that you have all right, title and interest in and to all copyrights in the Submitted Data, or that you have the express permission to copy, use, and create derivative works of such Submitted Data for all purposes related to the services offered through the Site. You further represent that the Submitted Data do not violate or infringe upon the proprietary rights (including privacy, moral, publicity rights, or trade secret rights) of others.
11.2 Submitted Data Content Policy and Acknowledgement; Compliance with Law.
You may not upload to the Site any material, whether text, images, or otherwise, that: (a) infringes any copyright, trademark, trade dress, right of privacy, right of publicity, or any other right of a third party, including without limitation, images of celebrities, actors, musicians, sports figures, politicians, cartoon characters or public figures of any kind; or (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof (collectively, “Inappropriate Content”).
The content of the Submitted Data you submit is governed by applicable laws (including laws which prohibit infringement of copyrights, trademarks, patents, rights of privacy, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor the Submitted Data. However, we, in our sole discretion, reserve the right at all times to review the Submitted Data, to disclose the Submitted Data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, and to refuse to post or transmit the Submitted Data, or to remove the Submitted Data, if it is in our sole judgment objectionable or in violation of these Terms.
11.3 Notification of Copyright Infringement.
In the event any materials, text, information, photographs, videos, graphics, music or sound are made available on this Site by you or any third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site. If you believe in good faith that any material appearing on the Site infringes on your rights under the Digital Millennium Copyright Act of 1998 (as amended, the "DMCA"), please provide our Copyright Agent with notice requesting the disabling or removal of material (each a "Notice"). Your Notice must contain the following elements:
(a) A physical or electronic signature of the owner (or an authorized agent) of the copyrighted work or works alleged to have been infringed;
(b) A description of the copyrighted work or works alleged to have been infringed, and a reasonable identification of the materials the owner claims is infringing on the copyrighted work or works and that should be removed or access disabled;
(c) A description of where the allegedly infringing materials are located on the Site;
(d) Sufficient contact information regarding the owner or (or authorized agent), such as your physical address, e-mail address, Web site, telephone number, and facsimile number;
(e) A statement by the owner that the owner has a good faith belief that the use of the materials identified in the Notice is not authorized by the owner, its authorized agent, or applicable law; and
(f) A statement by the owner that the information in the Notice is accurate and, under penalty of perjury that the complainant is the copyright owner or an authorized agent to act on behalf of the copyright owner. Notices should be sent to our Copyright Agent at email@example.com.
You agree to indemnify the Coalition and hold us harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys' fees, arising out of: (a) any claim by a third party that the Submitted Data (or the use thereof) constitutes an infringement or other violation of such third party's trademark, copyright, patent, intellectual property rights or other rights; or (b) your use of any Inappropriate Content; or (c) any violation of law by you; or (d) your use of the Site or services or information provided by the Coalition; or (e) your connection to the Site; or (f) your breach or violation of the Terms; or (g) your acts or omissions; or (h) any acts prohibited under this Section 11. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms.
Subject to your compliance with all of the Terms, including, without limitation, refraining from the prohibited actions stated above, the Coalition grants you a personal, non-transferable, non-exclusive, terminable-at-will, license to use this Site and to download any materials available for downloading at this Site, solely to further the Purposes of the Site.
13. Termination of Right to Use a Site.
We reserve the right, in our sole discretion, but without obligation, to terminate your right to use the Site if you violate any of these Terms, or if your account has been inactive for more than one year. Upon termination of your right to use the Site, we will remove your account privileges without prior notice to you. We will have no obligation to return to you your Submitted Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination.
14. Electronic Communications.
Your visit to the Site or communication with the Coalition through functionality available at the Site or via e-mail will be deemed to be your consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. Copy of Personally Identifiable Information.
You may obtain a copy of your personally identifiable information by contacting your representative at the Coalition at firstname.lastname@example.org. For your protection, you may be required to provide proof of your identity to obtain a copy of your personally identifiable information. You may correct any errors in your personally identifiable information by providing us with the correct information, and we will delete your personally identifiable information (except for your transaction history) from our records upon your written request. However, you may not be able to access some areas of the Site if you choose to delete your personally identifiable information. We reserve the right to maintain archive copies of all communications and other documents in our possession concerning or related to you, including personally identifiable information.
17. California Residents.
California Civil Code permits guests who are California residents to request certain information regarding disclosure of personally identifiable information to third parties. You may make such a request by contacting the Coalition at email@example.com or at the mailing address listed below:
7701 Forsyth Boulevard
Clayton, MO 63105
18. Privacy of Children and Minors.
We are committed to protecting the privacy of children and minors. The Site is not intended or designed for individuals under the age of 18 years of age without parental consent and direct supervision. By accessing or using the Site, you represent that you are at least 18 years of age. The Coalition does not knowingly collect personal information directly from individuals under 18 years of age. If you are under 18, we ask that you not send us any personally identifiable information unless you have parent or guardian permission. In the event that we learn that such information has been sent to the Site by a person under 18 years of age, we will not create a profile or otherwise retain the child’s information.
19. United States Only.
This Site is intended for users from the United States of America only. All matters relating to this Site are governed by the laws of the State of Missouri (Coalition’s home state) and the United States. If you are located outside of the United States and you contact us, please be advised that any information you provide to us will be transferred to the United States and that by submitting information You explicitly authorize this transfer and the processing of this information within the United States.
20. Opt Out.
At various points during your visit on our Site, you may be asked to indicate your willingness to allow us to communicate with you on an ongoing basis, or receive updates or notifications regarding or related to the Coalition. We will honor your preferences. At any time, however, you may opt out of further disclosures of your personal information to third parties by contacting us at the address noted below. If an account on the Site is created on your behalf by someone other than you, and without your authorization, you may indicate the same at the address below and we will take appropriate action, which may include termination of your account at the Site. It may take up to six (6) weeks to modify your preferences. Address: 7701 Forsyth Boulevard, Suite 500
Clayton, MO 63105
21. Monitoring of Website.
We do not warrant that this Site and any Submitted Data will be monitored for unacceptable use, nor is there any guarantee that any comments or communications will remain confidential or secure. Further, no statements made in any communities or forum discussions, if such ever become part of the Site, will be authenticated or endorsed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such communications as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and/or remove any comments or information that you submit, at any time, for any reason, and without prior notice to you.
22. Use of Submitted Data.
If you do post or transmit any User Generated Content or any content whatsoever onto this Site, and unless we indicate otherwise, you grant the Coalition a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Submitted Data or any other content throughout the world in any media. You also grant the Coalition the right to use the name under which you posted the Submitted Data, if we choose.
23. Applicable Law.
Since the Sites can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of Missouri (the Coalition’s home state), by accessing the Site both you and the Coalition agree that the statutes and laws of the state of Missouri, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of such Site and its contents. The Coalition makes no representation that the Contents are appropriate or will be available for use in other locations. If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals, companies or other entities located in the United States. You further agree to submit to the exclusive personal jurisdiction and venue of the District court with respect to any matters relating to the use of a Site and its Contents, or any transactions arising therefrom. Any action brought by you with respect to anything related to a Site must be brought, if at all, within one (1) year from the accrual of such cause of action.
If you have any questions, concerns or feedback, please contact: firstname.lastname@example.org