Effective as of August 23, 2022
Please carefully read the following General Terms of Use (“Terms of Use”) and our Privacy Policy before using this website (“Site”). By using this Site, you agree to these Terms of Use and the Privacy Policy of The Continental Luscombe Association (“CLA”). In order to use this Site, you must be at least 18 years of age and be able to form legally binding agreements.
These Terms of Use, the Privacy Policy as well as the information and materials contained in the Site are subject to change from time to time without prior notice. CLA may periodically modify these Terms of Use and the Privacy Policy, and any such modifications will be effective immediately upon posting. The Terms of Use and Privacy Policy are in effect during a particular use of the Site govern. If you do not agree to these Terms of Use or the Privacy Policy, do not use this Site.
Purchase/Cancelation/Refund of CLA Memberships
CLA provides paid access to certain content on its website. Our billing system is set up to automatically renew each member on an annual recurring basis. Each year, on the anniversary date of your membership, you will be billed for the next year of membership. If you do not wish to be rebilled, you can simply cancel your membership at any time. You will still be able to access all of the content for the remaining term of your membership. If you were automatically rebilled and you did not want to be, and you do not wish to continue as a CLA member, you can visit the cancellation page to cancel your membership, and then contact us at [email protected] and we will promptly give you a refund.
Access Subject to Local Restrictions
The Site and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction or (2) such distribution is prohibited without CLA obtaining the necessary licenses or authorizations and which have not been obtained.
Limited License and Restrictions on Use
CLA grants you a limited, revocable, nonexclusive, non-transferable license to view, store, bookmark, download, and print the pages within this Site solely for your personal, informational, and noncommercial use or as expressly authorized by CLA in writing. Individual pages and/or sections of the Site may be printed for personal or internal use only, provided that such printouts retain all applicable copyright or other proprietary notices. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. CLA reserves all rights not expressly granted in these Terms of Use.
Except as otherwise stated in these Terms of Use or as expressly authorized by CLA in writing,
you may not:
Reputation Management and Review Functionality
The Site may provide, as a service to its subscribers and users, review and reputation management functionality, surveys, blogs, a glossary of terms, and a presence on social media sites (collectively, the “Boards”). CLA is not responsible for any material posted on the Boards, or the accuracy of such material, by any third party. If such Boards are established, CLA would merely be administering the material on the Boards and providing access to such material as a service to you. The Boards shall be used only in a non-commercial manner. In using any Boards, you agree not to upload, transmit, distribute or otherwise publish on such Boards any material that is, to the best of your knowledge, libelous, defamatory, obscene, abusive, pornographic, threatening, inaccurate, an invasion of privacy; an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; material that is illegal in any way or advocates illegal activity under any applicable law; an advertisement or solicitation of funds, goods or services (unless otherwise permitted on the Board); a message posted by you impersonating another; personal information such as messages which identify personal phone numbers, account numbers, personal addresses, or employer references; or chain letters or serial communications of any kind. You also agree to indemnify CLA for any claims or suits arising from your posting of such material on any such Boards. CLA reserves the right to monitor and delete any postings deemed inconsistent with its policies or these Terms of Use. CLA does not assume any obligation to monitor materials in the Board or any liability for failing to either monitor the Boards or remove specific material.
Intellectual Property Rights
The Site and any and all content on the Site are protected by copyright and/or other intellectual property laws and any unauthorized use of such intellectual property or information or the Site may violate such laws related to their protection. Except as expressly provided herein, CLA does not grant any express or implied right or license of any kind to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights.
License to CLA
When you send any emails through the Site or post any content on a Board, You grant CLA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) license to exercise any and all copyright, trademark, publicity, and database rights you have in the emails and content, in any media known now or in the future.
No Warranty
The information and materials contained in the Site have been gathered by CLA from sources believed by it to be reliable. The information and materials are provided “as is” and CLA makes no representations or warranties of any kind with respect to the information and materials contained in the Site, including without limitation warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, CLA does not warrant the accuracy, timeliness, completeness, reliability or availability of the Site or the information or results obtained from use of the Site, or that the Site is virus-free or error-free.
CLA has no obligation to audit, validate or otherwise verify any information contained in the Site.
No Guarantee
CLA does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside CLA’s control.
Viruses
CLA does not assume any responsibility, and shall not be liable for any damages to, or viruses that may infect, your equipment or other property on account of your access to or use of the Site.
Links
CLA disclaims all liability for the quality, content, nature, or reliability of sites accessible by hyperlink from the Site, or sites linking to the Site. The linked sites are not under the control of CLA and CLA shall not be responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply any affiliation, endorsement or adoption by CLA of a linked site or any information contained therein. When leaving the Site for another site, you should be aware that these Terms of Use no longer govern, and therefore you should review the applicable terms and policies, including privacy and data gathering practices, of that other site. CLA disclaims all liability for the content of websites linking to or framing the Site.
Electronic Communication (E-Mail)
The Internet is a universally accessible medium. Ordinary email messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted, or altered. Emails may circulate across national borders, even if both sender and recipient are located in the same country. You are therefore recommended to communicate with CLA by using a secure channel if such channel is provided by CLA. In no event should you use ordinary email to transmit personal or confidential information such as any account-related data. CLA shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to CLA or to other users of the Site using ordinary email or any other electronic messaging system.
Release
You release CLA (and our officers, directors, agents, subsidiaries, contractors, suppliers and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes you have with one or more users of the CLA Site.
Limitation of Liability
To the fullest extent permitted by law, in no event shallCLA or any of its directors, employees, agents, suppliers or others with whom it may collaborate to provide the Site have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the Site, even if CLA has been advised of the possibility of such damages. HOWEVER, IN THE EVENT CLA IS FOUND LIABLE, CLA’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CLA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND CONSULTANTS, TO YOU IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO CLA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold CLA and (as applicable) CLA’s parent, subsidiaries, affiliates, officers, directors, consultants, suppliers, agents and employees harmless from an claim or demand, including reasonable attorneys; fees, made by any third party due to or arising out of your breach of the Terms and Conditions, or your violation of any law or the rights of a third party.
Conflict with Additional Terms
Certain web pages or areas on the Site may contain additional terms, conditions, disclosures and disclaimers (together “Additional Terms”). In addition, you may enter into one or more other agreements with CLA (the “Other Agreements”). In the event of a conflict, the terms of the Other Agreements shall take precedence, followed by the Additional Terms, which are followed by these Terms of Use.
Termination
The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. CLA, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. CLA will not be liable to you or any third party for any suspension or termination of your access to or use of this Site.
Applicable Law and Dispute Resolution
In the event there is any claim arising out of or relating to these Terms of Use (any such claim, a “Dispute”), you and CLA shall first attempt in good faith to settle by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures then in effect. At least thirty (30) days prior to initiating such mediation, the party seeking to mediate (“Demanding Party”) shall give the other party written notice describing the claim and the amount as to which it intends to initiate the action, as well as providing all supporting documentation available to the Demanding Party. Any Dispute that has not been resolved by mediation within forty-five (45) days after initiation of the mediation procedure shall be finally resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules and Supplementary Procedures for Online Arbitration then in effect. The arbitrator(s) will have no authority to award punitive damages nor any other damages not measured by a prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of these Terms of Use. Neither any party nor the arbitrator(s) may disclose the existence or results of any arbitration hereunder without the prior written consent of all parties. Each Party shall be responsible for the payment of all of its costs associated with the resolution of said dispute whether in arbitration or before a court of law,
including but not limited to any filing fees, arbitrator fees, its attorneys’ fees and other costs incurred in such proceeding, provided that if a dispute is initiated in bad faith, as determined by the arbitrator(s), the party initiating the dispute shall be responsible for all of the other party’s defense costs.
Severability Clause
If any part of these Terms of Use is held to be unenforceable, such holding shall not affect the validity of the other provisions of the Terms of Use, which shall remain in full force and effect.
General
This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. If any provision of this Agreement is held to be unenforceable, such provision shall be struck and the remaining provisions remain enforceable. CLA may assign this Agreement by providing notice to you. You may not assign this Agreement, nor any of its rights or obligations, without CLA’s prior written consent. No waiver shall be deemed a waiver of any prior or subsequent default hereunder.
The following Sections survive any termination or expiration of this Agreement: License to CLA, No Warranty, Limitation of Liability, Release, Indemnity, Applicable Law and Dispute Resolution, and General.
Notice and Procedure for Making Claims of Copyright Infringement
If You believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) 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. CLA’s Copyright Agent for notice of claims of copyright infringement can be reached via [email protected].