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Note: the contents of the table
cells in this web page (excepting text below this
Note in this cell) and the bold headings (such as
the WELCOME heading) below are solely for navigational
convenience and are in no way extensions of, addendums
to or parts of the legal agreement. The Terms
of Use are also downloadable (PDF, 92KB).
Alliance Terms of Use
Welcome
to the Alliance!
1.
Your relationship with the Alliance
1.1
Your use of the Alliance’s web pages, screens
displaying the pages of the Alliance web sites,
air testing, data files, written text, computer
software, music, audio files or other sounds, photographs,
videos or other images, and other products and services
(referred to collectively as the “Services”
in this document and excluding any services provided
to you by the Alliance under a separate written
agreement) is subject to the terms of a legal agreement
between you and the Alliance. “Alliance”
means the West Berkeley Alliance for Clean Air and
Safe Jobs, a grassroots community organization and
a sponsored project of Ecology Center, a 501(c)3
non-profit whose principal place of business is
at 2530 San Pablo Avenue, Berkeley, California 94702,
United States. This document explains how the agreement
is made up, and sets out the terms of that agreement.
1.2 Unless otherwise agreed in writing with the
Alliance, your agreement with the Alliance will
always include, at a minimum, the terms and conditions
set out in this document. These are referred to
below as the “Universal Terms”.
1.3 Your agreement with the Alliance will also include
the terms of any Legal Notices applicable to the
Services, in addition to the Universal Terms. All
of these Legal Notices are referred to below as
the “Additional Terms”. Where Additional
Terms apply to a Service, these will be accessible
for you to read either within, or through your use
of, that Service.
1.4 The Universal Terms, together with the Additional
Terms, form a legally binding agreement between
you and the Alliance in relation to your use of
the Services. It is important that you take the
time to read them carefully. Collectively, this
legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the
Additional Terms say and what the Universal Terms
say, then the Additional Terms shall take precedence
in relation to that Service.
2.
Accepting the Terms
2.1
In order to use the Services, you must first agree
to the Terms. You may not use the Services if you
do not accept the Terms.
2.2
You can accept the Terms by actually using the Services.
You understand and agree that the Alliance will
treat your use of the Services as acceptance of
the Terms from that point onwards.
2.3 You may not use the Services and may not accept
the Terms if (a) you are not of legal age to form
a binding contract with the Alliance, or (b) you
are a person barred from receiving the Services
under the laws of the United States or other countries
including the country in which you are resident
or from which you use the Services.
2.4
Before you continue, you should print off or save
a local copy of the Universal Terms for your records.
3.
Provision of the Services by the Alliance
3.1 The Alliance has affiliated legal entities (“Allies”).
Sometimes, these persons and organizations will
be providing the Services to you on behalf of the
Alliance itself. You acknowledge and agree that
Allies will be entitled to provide the Services
to you.
3.2 The Alliance is constantly innovating in order
to provide the best possible experience for its
community. You acknowledge and agree that the form
and nature of the Services which the Alliance provides
may change from time to time without prior notice
to you.
3.3 As part of this continuing innovation, you acknowledge
and agree that the Alliance may stop (permanently
or temporarily) providing the Services (or any features
within the Services) to you or to its community
generally at the Alliance’s sole discretion,
without prior notice to you. You may stop using
the Services at any time. You do not need to specifically
inform the Alliance when you stop using the Services.
4.
Use of the Services by you
4.1 In order to access certain Services, you may
be required to provide information about yourself
(such as identification or contact details) as part
of the process necessary to access the Services,
or as part of your continued use of the Services.
You agree that any registration information you
give to the Alliance will always be accurate, correct
and up to date.
4.2 You agree to use the Services only for purposes
that are permitted by (a) the Terms and (b) any
applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions
(including any laws regarding the export of data
or software to and from the United States or other
relevant countries).
4.3 You agree that you will not engage in any activity
that interferes with or disrupts the Services (or
the equipment, resources, organizations, servers
and networks which are connected to the Services).
4.4 Unless you have been specifically permitted
to do so in a separate agreement with the Alliance,
you agree that you will not reproduce, duplicate,
copy, sell, trade or resell the Services; no Services
may be used for profit; you may only use Services
for personal, non-commercial home use or for educational
purposes. Any approved use must contain a proper
citation of Alliance permission for use.
4.5 You agree that you are solely responsible for
(and that the Alliance has no responsibility to
you or to any third party for) any breach of your
obligations under the Terms and for the consequences
(including any damage which the Alliance may suffer)
of any such breach.
5.
Your Personal Information and Privacy
5.1 The Alliance Privacy Policy is the following:
(A) the Alliance recognizes that privacy is important.
This Policy applies to all of the Services offered
by the Alliance. If you have any questions about
this Policy, please feel free to contact the Alliance
through its website or write to the address below.
(B) many parts of the Services the Alliance provides
do not require you to provide personal information.
In order to provide the full range of Services,
the Alliance may collect the following types of
information:
(I) when you partake of Alliance Services, the Alliance
may request personal information (such as your name,
email address and other information). The Alliance
may combine the information you submit with information
from other Alliance services or third parties in
order to provide and improve Services.
(II) when you use Alliance Services, the web host's
servers may automatically record information that
your browser sends whenever you visit a website.
These server logs may include information such as
your web request, Internet Protocol address, browser
type, browser language, the date and time of your
request and one or more cookies that may uniquely
identify your browser. The Alliance may use this
information to provide Services.
(III) when you send email or other communications,
the Alliance may retain those communications in
order to process your inquiries, respond to your
requests and improve Services.
(IV) the Alliance offers some Services in connection
with other providers. Personal information that
you submit to the other providers may be sent to
the Alliance in order to provide the Services. The
Alliance processes such information in accordance
with this Policy. The other providers may have different
privacy practices and the Alliance encourages you
to read their privacy policies.
(V) this Privacy Policy applies to personal data
that subsist in Services operated by the Alliance.
The Alliance does not exercise control over the
other organizations, resources, links and sites
displayed via various Services. These other sites
may place their own cookies or other files on your
computer, collect data or solicit personal information
from you.
(C) if the Alliance uses information in a manner
different than the purpose for which it was collected,
then the Alliance will try to request your consent
prior to such use. You can decline to submit personal
information for any of the Services, in which case
the Alliance may not be able to provide those Services
to you.
(D) the Alliance only shares personal information
with other organizations or individuals outside
of the Alliance in the following limited circumstances:
(I) the Alliance has your consent. The Alliance
requires consent for the sharing of any sensitive
personal information.
(II) the Alliance provides such information to Allies
or other trusted organizations or persons for the
purpose of processing personal information and/or
providing Services on the Alliance's behalf.
(III) the Alliance has a good faith belief that
access, use, preservation or disclosure of such
information is reasonably necessary to (a) satisfy
any applicable law, regulation, legal process or
enforceable governmental request, (b) enforce applicable
Terms of Use, including investigation of potential
violations thereof, (c) detect, prevent, or otherwise
address misuse, security or technical issues, or
(d) protect against imminent harm to the rights,
property or safety of the Alliance, its community
or the public as required or permitted by law.
(E) the Alliance may share with third parties certain
pieces of aggregated, non-personal information,
such as the number of people in the Alliance community.
Such information does not identify you individually.
(F) the Alliance is able to take some security measures
to protect against unauthorized access to or unauthorized
alteration, disclosure or destruction of data. These
measures include review of data collection, storage
and processing practices and other security concerns.
(G) the Alliance restricts access to personal information
to some Alliance members, Allies and agents who
need to know that information in order to operate,
develop or improve the Alliance's Services. These
individuals are bound by confidentiality obligations.
(H) the Alliance processes personal information
in accordance with this Policy or any applicable
service-specific privacy notice. The Alliance reviews
its data collection, storage and processing practices
to insure that it only collects, stores and processes
the personal information needed to provide or improve
the Services. The Alliance takes reasonable steps
to insure that the personal information it processes
is accurate, complete, and current, but the Alliance
depends on its community members to update their
personal information whenever necessary.
(I) when the Alliance is contacted regarding private
information, the Alliance asks that individuals
identify themselves and that the information requested
be corrected before processing such requests, and
may decline to process requests that are unreasonably
repetitive or systematic, require disproportionate
technical effort, jeopardize the privacy of others,
or would be extremely impractical, or for which
access is not otherwise required. Some of the Services
may detail these procedures in specific privacy
notices.
(J) the Alliance regularly reviews its compliance
with this Policy. When the Alliance receives formal
written complaints at the address below, it is the
Alliance's policy to try to contact the complainant
regarding the privacy concerns. The Alliance will
cooperate with the appropriate regulatory authorities,
including local data protection authorities, to
resolve any complaints regarding the transfer of
personal data that cannot be resolved between the
Alliance and an individual.
(K) please note that this Privacy Policy and the
Terms of Use of which the Policy is a part may change
from time to time.
(L) while the Alliance recognizes the importance
of your privacy, all other Internet users may not.
Although you and the Alliance attempt to protect
your privacy, unintended users might defeat security
precautions and track, store and access your data
across the Internet; encrypted information is harder
for unintended users to access, but still is not
completely secure. Information accessible online
or accessible indirectly via networks connected
to the Internet, such as E-mail (including unsent
and deleted messages), is not private or secure.
(M) if you have any questions or concerns about
this Policy, please feel free to contact the Alliance
any time through this web site or at the address
below.
5.2 You agree to the use of your data in accordance
with the Alliance’s Privacy Policy.
6.
Content in the Services
6.1 You understand that all information (such as
data files, written text, computer software, music,
audio files or other sounds, photographs, videos
or other images) which you may have access to as
part of, or through your use of, the Services are
the sole responsibility of the person(s) or organization(s)
from which such content originated. All such information
is referred to below as the “Content”.
6.2 You should be aware that Content presented to
you as part of the Services may be protected by
intellectual property rights which are owned by
providers that make Content available to the Alliance
(or other persons or organizations may make the
Content available on the providers' behalf). You
may not modify, rent, lease, loan, sell, distribute
or create derivative works based on this Content
(either in whole or in part) unless you have been
specifically told that you may do so by the Alliance
or by the owners of that Content, in a separate
agreement.
6.3 The Alliance reserves the right (but shall have
no obligation) to pre-screen, review, modify, refuse
or remove any or all Content from any Service.
6.4 You understand that by using the Services you
may be exposed to Content that you may find offensive,
indecent or objectionable and that, in this respect,
you use the Services at your own risk.
6.5 You agree that you are solely responsible for
(and that the Alliance has no responsibility to
you or to any third party for) any Content that
you create, transmit or display while using the
Services and for the consequences of your actions
(including any loss or damage which the Alliance
may suffer) by doing so.
7.
Proprietary rights and intellectual property
7.1 You acknowledge and agree that the Alliance
owns all legal right, title and interest in and
to the Services, including any intellectual property
rights which subsist in the Services (whether those
rights happen to be registered or not, and wherever
in the world those rights may exist). You further
acknowledge that the Services may contain information
which is designated confidential by the Alliance
and that you shall not disclose such information
without the Alliance’s prior written consent.
7.2 Unless you have agreed otherwise in writing
with the Alliance, nothing in the Terms gives you
a right to use any of the Alliance’s trade
names, logos, domain names, and other distinctive
brand features.
7.3 If you have been given an explicit right to
use any of these brand features in a separate written
agreement with the Alliance, then you agree that
your use of such features shall be in compliance
with that agreement and any applicable provisions
of the Terms.
7.4 Other than the limited license set forth in
Section 9, the Alliance acknowledges and agrees
that it obtains no right, title or interest from
you (or your licensors) under these Terms in or
to any Content that you submit, or provide for display
on, or through, the Services, including any intellectual
property rights which subsist in that Content (whether
those rights happen to be registered or not, and
wherever in the world those rights may exist). You
agree that the views, conclusions, findings and
opinions in such Content are yours alone and do
not necessarily reflect the views of the Alliance
or its members.
Reference to, or use of, your
Content does not imply approval or recommendation
of it.
Unless you have agreed otherwise in writing with
the Alliance, you agree that you are responsible
for protecting and enforcing those rights and that
the Alliance has no obligation to do so on your
behalf.
7.5 You agree that you shall not remove, obscure,
or alter any proprietary rights notices (including
copyright and trade mark notices) which may be affixed
to or contained within the Services.
7.6 Unless you have been expressly authorized to
do so in writing by the Alliance, you agree that
in using the Services, you will not use any trade
mark, service mark, trade name, or logo of any organization
in a way that is likely or intended to cause confusion
about the owner or authorized user of such marks,
names or logos.
8.
License from the Alliance
8.1 The Alliance gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive license
to use the Services provided to you by the Alliance.
This license is for the sole purpose of enabling
you to use and enjoy the benefit of the Services
as provided by the Alliance, in the manner permitted
by the Terms.
8.2 Unless the Alliance has given you specific written
permission to do so, you may not assign (or grant
a sub-license of) your rights to use the Services,
grant a security interest in or over your rights
to use the Services, or otherwise transfer any part
of your rights to use the Services.
9.
Content license from you
9.1 You retain copyright and any other rights you
already hold in Content which you submit, post or
display on or through, the Services. By submitting,
posting or displaying the content you give the Alliance
a perpetual, irrevocable, worldwide, royalty-free,
and non-exclusive license to reproduce, adapt, modify,
translate, publish, publicly perform, publicly display
and distribute any Content which you submit, post
or display on or through, the Services. This license
is for the sole purpose of enabling the Alliance
to display, distribute and promote the Services
and may be revoked for certain Services as defined
in the Additional Terms of those Services.
9.2 You agree that this license includes a right
for the Alliance to make such Content available
to other organizations or individuals with whom
the Alliance has relationships.
9.3 You understand that the Alliance, in performing
the required technical steps to provide the Services
to its community, may (a) transmit or distribute
your Content over various public networks and in
various media; and (b) make such changes to your
Content as are necessary to conform and adapt that
Content to the technical requirements of connecting
networks, devices, services or media. You agree
that this license shall permit the Alliance to take
these actions.
9.4 You confirm and warrant to the Alliance that
you have all the rights, power and authority necessary
to grant the above license.
10.
Ending your relationship with the Alliance
10.1
The Terms will continue to apply until terminated
by either you or the Alliance as set out below.
10.2
If you want to terminate your legal agreement with
the Alliance, you may do so by notifying the Alliance
at any time. Your notice should be sent, in writing,
to the address below.
10.3
The Alliance may at any time terminate its legal
agreement with you if:
(A)
you have breached any provision of the Terms (or
have acted in manner which clearly shows that you
do not intend to, or are unable to comply with the
provisions of the Terms); or
(B)
the Alliance is required to do so by law (for example,
where the provision of the Services to you is, or
becomes, unlawful); or
(C)
the partner with whom the Alliance offered the Services
to you has terminated its relationship with the
Alliance or ceased to offer the Services to you;
or
(D)
the Alliance is transitioning to no longer providing
the Services to part or all of the community in
which you are resident or from which you use the
service; or
(E)
the provision of the Services to you by the Alliance
is, in the Alliance’s opinion, no longer serving
the Alliance's interests.
10.4
Nothing in this Section shall affect the Alliance’s
rights regarding provision of Services under Section
3 of the Terms.
10.5 When these Terms come to an end, all of the
legal rights, obligations and liabilities that you
and the Alliance have benefited from, been subject
to (or which have accrued over time whilst the Terms
have been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation,
and the provisions of paragraph 15.7 shall continue
to apply to such rights, obligations and liabilities
indefinitely.
11.
EXCLUSION OF WARRANTIES
11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS
11 AND 12, SHALL EXCLUDE OR LIMIT THE ALLIANCE’S
WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE
LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED
BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION
WILL APPLY TO YOU AND THE ALLIANCE'S LIABILITY WILL
BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.2
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE
SERVICES ARE PROVIDED "AS IS" AND "AS
AVAILABLE."
11.3
IN PARTICULAR, THE ALLIANCE, ITS ALLIES, AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A)
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B)
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT
OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE, AND
(D)
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF
ANY PART OF THE SERVICES WILL BE CORRECTED.
11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM THE ALLIANCE OR THROUGH OR
FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
11.6 THE ALLIANCE FURTHER EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.
LIMITATION OF LIABILITY
12.1
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.1 ABOVE,
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ALLIANCE,
ITS ALLIES, AND ITS LICENSORS SHALL NOT BE LIABLE
TO YOU FOR:
(A)
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL
OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU,
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS
OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY
LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B)
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU,
INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A
RESULT OF:
(I)
ANY CHANGES WHICH THE ALLIANCE MAY MAKE TO THE SERVICES,
OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE
PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN
THE SERVICES);
(II)
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE,
ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED
OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE THE ALLIANCE WITH
ACCURATE PERSONAL INFORMATION;
(IV)
YOUR FAILURE TO KEEP YOUR PERSONAL DETAILS SECURE
AND CONFIDENTIAL.
12.2 THE LIMITATIONS ON THE ALLIANCE’S LIABILITY
TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER
OR NOT THE ALLIANCE HAS BEEN ADVISED OF OR SHOULD
HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES
ARISING.
13.
Other content
13.1
The Services may include hyperlinks to other web
sites or content or resources. The Alliance may
have no control over any web sites or resources
which are provided by companies or persons other
than the Alliance.
13.2 You acknowledge and agree that the Alliance
is not responsible for the availability of any such
external sites or resources, and does not endorse
any advertising, products or other materials on
or available from such web sites or resources.
13.3 You acknowledge and agree that the Alliance
is not liable for any loss or damage which may be
incurred by you as a result of the availability
of those external sites or resources, or as a result
of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products
or other materials on, or available from, such web
sites or resources.
14.
Changes to the Terms
14.1 The Alliance may make changes to the Universal
Terms or Additional Terms from time to time. When
these changes are made, the Alliance will make a
new copy of the Universal Terms available at http://www.westberkeleyalliance.org/index/termsofuse.htm
and any new Additional Terms will be made available
to you from within, or through, the affected Services.
14.2 You understand and agree that if you use the
Services after the date on which the Universal Terms
or Additional Terms have changed, the Alliance will
treat your use as acceptance of the updated Universal
Terms or Additional Terms.
15.
General legal terms
15.1 Sometimes when you use the Services, you may
(as a result of, or through your use of the Services)
use a service or download software, or purchase
goods provided by another person or organization.
Your use of these other services, software or goods
may be subject to separate terms between you and
the organization or person concerned. If so, the
Terms do not affect your legal relationship with
these other organizations or individuals.
15.2 The Terms constitute the whole legal agreement
between you and the Alliance and govern your use
of the Services (but excluding any services which
the Alliance may provide to you under a separate
written agreement), and completely replace any prior
agreements between you and the Alliance in relation
to the Services.
15.3 You agree that the Alliance may provide you
with notices, including those regarding changes
to the Terms, by email, regular mail, telephone
or postings in the Services.
15.4 You agree that if the Alliance does not exercise
or enforce any legal right or remedy which is contained
in the Terms (or which the Alliance has the benefit
of under any applicable law), this will not be taken
to be a formal waiver of the Alliance’s rights
and that those rights or remedies will still be
available to the Alliance.
15.5 If any court of law, having the jurisdiction
to decide on this matter, rules that any provision
of these Terms is invalid, then that provision will
be removed from the Terms without affecting the
rest of the Terms. The remaining provisions of the
Terms will continue to be valid and enforceable.
15.6 You acknowledge and agree that the Alliance's
Allies shall be third party beneficiaries to the
Terms and that they shall be entitled to directly
enforce, and rely upon, any provision(s) of the
Terms which confer a benefit on (or rights in favor
of) them. Other than this, no other person or organization
shall be third party beneficiary to the Terms.
15.7 The Terms, and your relationship with the Alliance
under the Terms, shall be governed by the laws of
the State of California without regard to its conflict
of laws provisions. You and the Alliance agree to
submit to the exclusive jurisdiction of the courts
located within the county of Alameda, California
to resolve any legal matter arising from the Terms.
Notwithstanding this, you agree that the Alliance
shall still be allowed to apply for injunctive remedies
(or an equivalent type of urgent legal relief) in
any jurisdiction.
July
15, 2007
West Berkeley Alliance for Clean Air and Safe Jobs
c/o Ecology Center
2530 San Pablo Avenue
Berkeley, CA 94702
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