PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING CIVIQS SERVICES. BY USING CIVIQS SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE SITE TERMS OF USE AND SALE.
Civiqs offers a wide range of services and products, and sometimes additional terms may apply. When you use a Civiqs service (for example Civiqs Results Dashboard), you will also be subject to the terms, guidelines and conditions applicable to those Civiqs services ("Product Terms"). If these Site Terms of Use and Sale are inconsistent with the Product Terms, the Product Terms will control.
Civiqs reserves the right, at its sole discretion, to change, modify, add or remove portions of these Site Terms of Use and Sale or Product Terms at any time. All changes are effective immediately when posted. Civiqs will notify you when any material changes, modifications or additions to these Site Terms of Use and Sale or Product Terms are made. Your continued use of the Civiqs services means that you accept and agree to these changes. You will be subject to the terms and conditions, policies and Site Terms of Use and Sale and Product Terms in force at the time that you use the Civiqs Services. Civiqs suggests that you review these Site Terms of Use and Sale from time to time. If any of these Site Terms of Use and Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not be part of this Agreement.
PRIVACY
Please review our Privacy Statement, which governs your use of Civiqs services, to understand our practices. Any personal data (for example, your name, address, telephone number, or email address) you transmit to the site by electronic mail or otherwise, will be used in accordance with Civiqs's privacy policy.
COPYRIGHT, TRADEMARKS, AND DATABASE RIGHTS
This website contains copyrighted material, trademarks and proprietary research of Civiqs, including but not limited to text, graphics, photos, and video. The entire contents of the Site are copyrighted under the United States and international copyright, authors' rights and database right laws. All rights reserved. Accordingly, international and domestic laws and penalties guaranteeing patent, copyright, trademark and trade secret protection safeguard the ideas, concepts, and recommendations related within this site.
Civiqs polling results, news articles, reports, and graphs may be downloaded and/or copied provided that all downloaded content retains the copyright, trademark and any other proprietary notices accompanying the content. No changes may be made to the content without the express written permission of Civiqs. Any reference whatsoever to the Civiqs news articles, reports and graphs, in whole or in part, on any webpages must provide a link back to the original content in its entirety. Except as expressly provided herein, the transmission of this content shall not be construed to grant a license of any type under any copyright or trademarks owned or controlled by Civiqs.
Civiqs content not identified in the previous paragraph may be subject to additional restrictions as outlined in the Product Terms.
You acknowledge that you do not acquire any ownership rights in these copyrighted materials by downloading them.
If you wish to reproduce Civiqs content in a manner not addressed in this section, please contact us.
You are advised that Civiqs aggressively enforces its intellectual property rights to the fullest extent of the law.
YOUR ACCOUNT
To access some Civiqs websites or content, you may be asked to create an account. Your account is personal to you, and sharing your account and password with others will be considered a violation of these Terms of Service and subject you to immediate cancellation of your account. You are responsible for maintaining the confidentiality of your account and password. You are responsible for all acts or omissions that occur while your password or account is used. You may not use the Civiqs website, or any Civiqs website content for any unlawful purpose. You agree to notify Civiqs immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit your account at the end of each session. Civiqs is not liable for any loss or damage arising from your failure to protect your password or account information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account at Civiqs's sole discretion, and Civiqs may refer you to appropriate law enforcement agencies.
REPRESENTATIONS, WARRANTIES, AND LIMITATIONS OF LIABILITY
Civiqs's website and content are provided on an "as is" basis. CIVIQS TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. Under no circumstances, including, but not limited to, negligence, shall Civiqs, its subsidiaries, affiliates, agents, or licensors be liable to for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use Civiqs materials, products or services, including Civiqs websites.
The websites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in third-party materials and all articles and responses to questions and other content, other than the content provided by Civiqs, are solely the opinions and the responsibility of the person or entity providing the third-party materials. Such materials do not necessarily reflect the opinion of Civiqs. We are not responsible or liable to you or any third-party, for the content or accuracy of any third-party materials.
You specifically acknowledge and agree that Civiqs is not liable for any defamatory, offensive, or illegal conduct of any user. You agree that any kind of legal claim (whether in Contract, Tort, or otherwise) in any way connected with Civiqs or Civiqs content shall not exceed the amount you paid to Civiqs for the use of the Civiqs content. If you are dissatisfied with any Civiqs material, products, or services or with any of Civiqs's Site Terms of Use and Sale, your sole and exclusive remedy is to discontinue using the Civiqs services.
Civiqs will do its utmost to ensure that availability of Civiqs services will be uninterrupted and that transmission will be error-free. However, due to the nature of electronic data transmission, this cannot be guaranteed. Also, your access to Civiqs services may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new services. We will attempt to limit the frequency and duration of any suspension or restriction to Civiqs services, products, or websites.
Civiqs will not be responsible for (i) losses that were not caused by any breach on our part; or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable to both Civiqs and you when you began using Civiqs services or websites.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you may have additional rights.
NO UNLAWFUL OR PROHIBITED USE
You shall use Civiqs.com for lawful purposes only. You shall not post or transmit through Civiqs.com any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without Civiqs's express prior approval, contains advertising or any solicitation with respect to products or services. You agree to indemnify and hold Civiqs, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees) made against Civiqs by any third party due to or arising out of or in connection with your use of the Site.
INDEMNIFICATION
You agree to indemnify and hold Civiqs, its officers, directors, shareholders, predecessors in interest, successor in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Civiqs by any third party arising out of or relating to your violation of the Site Terms of Use and Sale or your use of Civiqs websites, including, but not limited to, use of these websites' content, services and products other than as expressly authorized in these Site Terms of Use and Sale.
THIRD PARTY SITES
Some of Civiqs's sites contain links to other sites whose information practices may be different from Civiqs's. You should consult the other site's privacy notices, as Civiqs makes no warranties regarding the information that is submitted to, or collected by other sites.
APPLICABLE LAW
These Site Terms of Use and Sale are governed by and construed in accordance with the laws of the State of California. The parties (You and Civiqs) submit to the exclusive jurisdiction of the courts of California over any dispute or non-contractual obligation arising out of or relating to this Site Terms of Use and Sale Agreement.
ARBITRATION
In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its commercial dispute resolution rules, unless You are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.
CIVIQS CONTACT DETAILS
Civiqs
PO Box 70008
Oakland, CA 94612
email: help@civiqs.com
phone: (510) 394-5664
TERMINATION
You may terminate your Civiqs account at any time by discontinuing use of the Civiqs websites. Civiqs may cancel or terminate any Civiqs offering at any time without notice. In the event of such termination, access to the part of the Civiqs offering affected by such cancellation or termination is no longer authorized. The restrictions imposed with respect to material downloaded from Civiqs websites, and the disclaimers and limitations of liabilities set forth in this Site Terms of Use and Sale Agreement, shall survive such cancellation or termination. This includes but is not limited to trademark and copyright protections.