www.american-community.com is operated
by American Community Mutual Insurance Company. By accessing
any areas of www.american-community.com, users ("Users") agree to
be legally bound and to abide by the terms set forth below.
I. TRADEMARKS
www.american-community.com is a service mark of American
Community Mutual Insurance Company. All rights reserved. All
other trademarks, product names, and company names and logos
appearing on www.american-community.com are the property of their
respective owners.
II. DISCLAIMERS AND LIMITATION OF
LIABILITY
User expressly agrees that use of
www.american-community.com is at User's sole risk. Neither
www.american-community.com, nor its affiliates, nor any of its
officers, directors, or employees, agents, third-party content
providers ("Providers"), merchants ("Merchants"), sponsors
("Sponsors"), licensers ("Licensers"), or the like, warrant
that www.american-community.com will be uninterrupted or
error-free; nor do they make any warranty as to the results
that may be obtained from the use of www.american-community.com,
or as to the accuracy, reliability, or currency of any
information content, service, or merchandise provided through
www.american-community.com.
www.american-community.com is provided
on an "as is," "as available" basis without warranties of any
kind, either expressed or implied, including but not limited
to warranties of title or implied warranties of
merchantability or fitness for a particular purpose. No oral
advice or written information given by www.american-community.com
nor its affiliates, nor any of its officers, directors,
employees, agents, Providers, Merchants, Sponsors, Licensers,
or the like, shall create a warranty; nor shall User rely on
any such information or advice.
Under no circumstances
shall www.american-community.com or any other party involved in
creating, producing, or distributing www.american-community.com be
liable for any direct, indirect, incidental, special, or
consequential damages that result from the use of or inability
to use www.american-community.com, including but not limited to
reliance by a User on any information obtained from
www.american-community.com or that result from mistakes,
omissions, interruptions, deletion of files or email, errors,
defects, viruses, delays in operation or transmission, or any
failure of performance, whether or not resulting from acts of
God, communications failure, theft, destruction, or
unauthorized access to www.american-community.com records,
programs, or services. User hereby acknowledges that this
paragraph shall apply to all content, merchandise, and
services available through www.american-community.com. Because
some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such
states liability is limited to the fullest extent permitted by
law.
III. CONTENT
a. Proprietary rights
User acknowledges that www.american-community.com contains
information, data, software, photographs, graphs, typefaces,
graphics, and other material (collectively "Content") that are
protected by copyrights, trademarks, trade secrets, or other
proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and
www.american-community.com owns a copyright in the selection,
coordination, arrangement, and enhancement of such Content.
User may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the
Content, in whole or in part. If no specific restrictions are
displayed, Users may make copies of select portions of the
Content, provided that the copies are made only for User's
personal use and that User maintains any notices contained in
the Content, such as all copyright notices, trademark legends,
or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see e.g. 17 U.S.C. Section
107), User may not upload, post, reproduce, or distribute in
any way Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the
copyright or other propriety right. In addition to the
foregoing, use of any software Content shall be governed by
the software license agreement accompanying such software.
b. Distribution/Uploading of third party content
Except as set forth in Section III a. above, User may
upload to or otherwise distribute on www.american-community.com
only Content that is not subject to any copyright or other
proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given express
authorization for distribution on the World Wide Web. Any
copyrighted or other proprietary Content distributed with the
consent of a copyright owner should contain a phrase such as
"Copyright, owned by [name of owner]; used by permission." The
unauthorized submission or distribution of copyrighted or
other proprietary Content is illegal and could subject the
User to criminal prosecution as well as personal liability for
damages in a civil suit.User, not www.american-community.com, nor
its affiliates, nor any of its officers, directors, employees,
agents, Merchants, Providers, Sponsors, Licensers, or the
like, will be liable for any damage resulting from any
infringement of copyrights or proprietary rights, or from any
other harm arising from such submission. By submitting Content
to any User-submit areas, User automatically grants, or
warrants that the owner of such Content has expressly granted
www.american-community.com the royalty-free, perpetual,
irrevocable, nonexclusive right and license to use, reproduce,
publish, translate, sublicense, copy, and distribute the
Content in whole or in part worldwide and/or to incorporate it
in other works in any form, media, or technology now known or
hereafter developed for the full term of any copyright that
may exist in such Content. User also permits any other User to
access, store, or reproduce the Content for that User's
personal use. Subject to this grant, the owner of Content
placed on www.american-community.com retains any and all rights
which may exist in such Content.
c. Third party content
www.american-community.com is a distributor and
not a publisher of Content supplied by third parties and
Users. www.american-community.com has no more editorial control
over such Content than does a public library or newsstand. Any
opinions, advice, statements, services, offers, or other
information that constitutes part of Content expressed or made
available by third parties, including Providers, Merchants,
Sponsors, Licensers, or any other User of
www.american-community.com, are those of the respective authors or
distributors and not of www.american-community.com or its
affiliates or any of its officers, directors, employees, or
agents. Neither www.american-community.com nor its affiliates, nor
any of its officers, directors, employees, or agents, nor any
third party, including any Provider, Merchant, Sponsor,
Licenser, or any other User of www.american-community.com,
guarantees the accuracy, completeness, or usefulness of any
Content, nor its merchantability or fitness for any particular
purpose.
In many instances, the Content available through
www.american-community.com represents the opinions and judgments
of the respective Provider, Merchant, Sponsor, Licenser, or
User not under contract with www.american-community.com.
american-community.com neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice, or
statement made on www.american-community.com by anyone other than
authorized www.american-community.com employees. Under no
circumstances shall www.american-community.com, or its affiliates,
or any of its officers, directors, employees, or agents be
liable for any loss or damage caused by a User's reliance on
information obtained through www.american-community.com. It is the
responsibility of User to evaluate the information, opinion,
advice, or other Content available through
www.american-community.com.
d. Export
The U.S.
export control laws regulate the export and re-export of
technology originating in the United States. This includes the
electronic transmission of information and software to foreign
countries and to certain foreign nationals. User agrees to
abide by these laws and their regulations -- including but not
limited to the Export Administration Act and the Arms Export
Control Act and not to transfer, by electronic transmission or
otherwise, any Content derived from www.american-community.com to
either a foreign national or a foreign destination in
violation of such laws.
IV. WWW.AMERICAN-COMMUNITY.COM'S RIGHTS
www.american-community.com may elect to
electronically monitor the User submit areas and may disclose
any Content, records, or electronic communication of any kind
(i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate
www.american-community.com; or (iii) to protect the rights or
property of www.american-community.com, its Users, Sponsors,
Providers, Licensers, or Merchants.
www.american-community.com
is not responsible for screening, policing, editing, or
monitoring such Content. If notified of allegedly infringing,
defamatory, damaging, illegal, or offensive Content,
www.american-community.com may investigate the allegation and
determine in its sole discretion whether to remove or request
the removal of such Content from www.american-community.com.
www.american-community.com reserves the right to prohibit
conduct, communication, or Content that it deems in its sole
discretion to be harmful to individual Users,
www.american-community.com, the communities that make up
www.american-community.com, or any rights of
www.american-community.com or any third party, or to violate any
applicable law. Notwithstanding the foregoing, neither
www.american-community.com nor its Providers, Merchants, Sponsors,
or Licensers can ensure prompt editing or removal of
questionable Content after online posting. Accordingly,
neither www.american-community.com, nor its affiliates, nor any of
its officers, directors, employees, or Agents, nor Provider,
Merchant, Sponsor, or Licenser shall assume liability for any
action or inaction with respect to conduct, communication, or
Content on www.american-community.com.
V. ONLINE CONDUCT
Any conduct by a User that in www.american-community.com's
sole discretion restricts or inhibits any other User from
using or enjoying www.american-community.com will not be
permitted. User agrees to use www.american-community.com only for
lawful purposes. User is prohibited from posting on or
transmitting through www.american-community.com any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any applicable local,
state, national, or international law.
VI. PRIVACY
POLICY
It is www.american-community.com's policy to
respect the privacy of its Users and of personal electronic
communication. Currently, www.american-community.com will not
share a User's email address or other specific personal
information (e.g. name, address, age) for marketing purposes
without such User's consent.
Users' profile information
(e.g. age, gender) may be used to create personalized content,
services, and advertising on or related to
www.american-community.com. www.american-community.com may also use
Users' profile information to create aggregate reports. Such
profile information is anonymous and does not contain any
personally identifiable information.
www.american-community.com reserves the right to cooperate
fully with state, local, and federal officials in any
investigation relating to any Content (including personal or
private electronic communication transmitted on
www.american-community.com) or purported unlawful activities of
any User.
VII. TERMINATION OF USAGE
www.american-community.com may terminate User access, or
suspend any User's access to all or part of
www.american-community.com, without notice, for any conduct that
www.american-community.com, in its sole discretion, believes is in
violation of any applicable law or is harmful to the interests
of another User, a third-party Provider, a Merchant, a
Sponsor, a Licenser, a service provider, or
www.american-community.com.
VIII. MISCELLANEOUS
Users may not use www.american-community.com to send
unsolicited advertising, promotional material, or other forms
of solicitation to other Users, except in those specified
areas that may be designated for such a purpose.
ACKNOWLEDGMENT
This Agreement represents the
entire understanding between you and www.american-community.com
regarding your relationship with www.american-community.com and
supersedes any prior statements or representations.
You agree to be bound by the Community
Standards by using the www.american-community.com website.
The aforementioned
Community Standards are subject to change.