Click here to access the My River North support page
River North Residents Association – Privacy Policy and Terms of Use
Date Last Modified – April 2, 2019
Click here to access the My River North support page
Part I. Privacy Policy
River North Residents Association (“RNRA”, “we”, “us” and/or “our) provides online services and offerings to members of the River North Residents Association, participating RNRA merchant sponsors and other visitors to the River North neighborhood or the Service in general. At RNRA, we respect and value your privacy. This Privacy Policy describes the information that we collect from you (“you”, “your”, or “User”) when you download the My River North mobile application (the “App”), visit www.rnrachicago.org (the “Site”), and use various online tools and services (collectively, the “Service”), how we use that information, and under what circumstances we disclose it. It will also give you more information about how to manage the personal information that you provide to us. This Privacy Policy should be read in conjunction with the Terms of Use located on the Service (the “Terms” or “Agreement”). All terms not specifically defined herein shall have the same meaning as set forth in the Terms.
BY USING THE SERVICE, YOU ARE HEREBY CONSENTING TO OUR COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.
1) Applicability. While the Service is available to, and can be used by, anyone with internet access, the Service is intended to be accessed and used by individuals from the United States of America, and RNRA hereby disclaims any representations and/or warranties it makes in this Privacy Policy that such policy satisfies the requirements of users accessing and using the Service from outside the United States of America.
2) Information We Collect. When you use our Service, we may receive and collect certain information. The information that we may receive and collect depends on what you do when you visit our Service.
a) Automatically Collected Information. Some information is automatically received and sometimes collected from you when you visit our Service. This information may include some or all of the following items: the name of the domain and host from which you access the Internet, including the Internet Protocol (IP) address of the computer you are using and the IP address of your Internet Service Provider; your approximate geographic location while the Service is running; the type and version of Internet browser software you use and your operating system; the type of mobile device you are using, mobile device IDs or other persistent identifiers; the date and time you access our Service, the length of your stay, and the specific pages, images, video or forms that you access while visiting the Service; the Internet address of the website from which you linked directly to our Service, and if applicable, the search engine that referred you and any search strings or phrases that you entered into the search engine to find this site; and demographic information concerning the country of origin of your computer or other device and the language(s) used by it. We refer to this automatically collected information as “Device Information.” We use this information to monitor the usage of our Service, assess its performance, ensure technological compatibility with your computer or mobile device, and understand the relative importance of the information provided on our Service. We may also use this Device Information to conduct statistical analyses on visitors’ usage patterns and other aggregated data.
We collect Device Information using the following technologies:
b) Information You Provide. For some of the browsing on our Service, we may either require or request “Personal Information.” Personal Information is information that could personally identify you, for example, your name, address, phone number, e-mail address, and requested payment information. When you download the app as a User, you will be prompted to indicate your preferences as to location-sharing and willingness to accept in-app notifications. The first time you redeem an offer, you will be required to create an account within the app, which includes entering your name and email address, as well as creating a user ID and password (“User Data”). You may also voluntarily customize your account by providing additional information, such as demographic details pertaining to you and/or your family. When you apply for the Service as a Merchant, we ask you to provide certain personal or business information, including business address, contact information, phone number, email address, and other related information (“Merchant Data”). For purposes of this Privacy Policy, User Data and Merchant Data shall be considered “Personal Information.”
In the following instances, we need you to actively submit Personal Information: (1) when you want to contact us via electronic means or website submission; (2) when you create or customize your account; (3) when you redeem an Offer or RSVP to an event; (4) when you join our email lists, or social media networks; or (5) when you respond to one of our surveys. E-mail or other forms of electronic communication, including website submissions, are not secure and/or confidential means of communication.
3) Excluded Information. This policy does not extend to information available in public records. This information includes, but is not limited to, information obtained from law enforcement, licensing agencies, or courts. This policy also does not extend to any information you voluntarily choose to make publicly available via other sources, such as a social media profile.
4) Security. We strive to maintain internal controls and procedures to ensure that the Personal Information or Device Information (collectively, “Information”) you share with us is handled in a safe, secure and responsible manner. We have security measures to help protect against loss, unauthorized access and alteration of the information in our control. We will only disclose such Information to employees and authorized service providers who require such information for the purposes described in this Policy. Our databases are protected by physical, technical, and procedural measures that restrict access to authorized persons in accordance with this Policy. Although no data transmission over the Internet can be guaranteed 100% secure, and we cannot ensure against any loss, misuse, unauthorized disclosure, alteration, or destruction of data, we take reasonable precautions to prevent such unfortunate occurrences. Nevertheless, we cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
5) Personal Information About Children. Our Service is targeted primarily for use by adults. We do not currently market to or create special areas for use by children. Accordingly, we do not knowingly collect age identifying information, nor do we knowingly collect any personal information from children under the age of 13 years. However, we hereby advise all visitors to our site and downloaders of our mobile app under the age of 13 not to disclose or provide any personally identifiable information on our Service. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, in accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s website at http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for more information about this Act), we will delete the child’s personally identifiable information from our files to the extent technologically possible.
6) Communications Through the Service.
a) In General. When you sign up for the Service, you may elect to receive promotional, marketing, or other similar emails or push notifications tailored to your interests. We communicate with you through general marketing communications for our services, including by e-mail and social media posts (collectively, “Marketing Communications”). Unless you “opt-out” through opportunities available to you through our Marketing Communications, we may send you Marketing Communications. You may also “opt-out” of future Marketing Communications by following the instructions provided in this Privacy Policy under the “Access to and Managing Your Information” section of this Privacy Policy.
b) Email Communications. When you send an email to us, or provide your email address to us, you are communicating with us electronically and consent to receive communication from us electronically. We may use your email address, usage data, or other data to provide you with technical support or send you notices about the Service or other promotional offers you have elected to receive. We may occasionally work with data partners and advertising platforms to help increase the relevancy of ads we provide to our Users. In doing so, we may provide such companies with information representing an encrypted or hashed value derived from information you have provided to us, such as your email address. We may retain the content of your emails, your email address, and our responses in order to service your needs.
7) How We Use Information. We may use your Information to better assist you when you visit and to provide and enhance your Service experience, including to do the following:
a) To provide you with services and information you specifically request, and to send you special content that may be of interest to you.
b) To analyze Service usage and enhance the user experience on our Service.
c) To send you information that you agreed to receive.
d) To alert you to the latest developments and features on our Service.
e) To provide tips or guidance on how to use our Service, inform you of new features on our Service or provide other information that may be of interest to users.
f) To process and track your usage history and to send you information about our and our affiliates’ and business partners’ products and services, and other information that may be of interest to you.
g) To investigate, detect and protect RNRA and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activities.
h) To perform internal business research and analysis.
i) We may use your Information for any other purpose to which you expressly consent.
8) How We Share Information. We do not rent or sell your personally identifiable information. However, there are certain scenarios where we may need to share your Information with others to enhance your experience and the Service. We share your personally identifiable Information with third parties or other users only under the circumstances stated below:
a) Information that you voluntarily include in a publicly accessible area of the Service will be available to anyone who has access to that content, including other Service users.
b) We may aggregate or otherwise strip Information of all personally identifying characteristics and share that aggregated, anonymized data with third parties for research and analysis purposes. Such anonymized and stripped Information pertaining to your usage of the Service, including information related to when you redeem offers, may also be shared directly with Merchants.
c) Information is subject to disclosure in response to judicial or other governmental subpoenas, warrants and court orders served on us in accordance with their terms, as otherwise required by applicable law, or in response to requests by law enforcement;
d) Information is subject to disclosure to protect our rights or property, protect its legitimate business interests, to enforce the provisions of our Privacy Policy and Terms, and/or to prevent harm to you or others;
e) Information may be disclosed to carefully selected third-party service providers in order to provide services to you, such as to provide customer service; send or email Marketing Communications; maintain our customer loyalty program and database and other programs; monitor the activity of our Service; perform maintenance and support for the Service; conduct surveys; and administer contests or sweepstakes. We will share your Information with our carefully selected third-party services providers on a confidential basis. These service providers are prohibited from using your Information for any purpose other than providing our services.
f) We use PayPal, Inc. to process certain payments and credit card transactions through the Site, such as your payment for dog friendly areas. For more information on how PayPal uses your Personal Information, see their privacy policy at https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
g) Similarly, when you use certain features of the Service that are integrated with social networking platforms, such as Facebook, you are agreeing to allow the RNRA service to communicate or “talk” with the other service in order to make the social features available for your use. These service partners may have their own data collection, use, and sharing practices that may also be applicable to your personal information. You should review their applicable privacy policies and methods for changing the privacy or sharing settings on such services.
h) In the event that all or substantially all of RNRA assets are acquired by a third party through sale, merger, or otherwise, Information will be transferred to that third party, subject to the same terms and conditions of the then-existing Privacy Policy for the Service. This section remains subject to any restrictions placed by third party vendors.
We retain Information as long as it is necessary and relevant for our operations, and in accordance with applicable laws.
Any third parties to whom we may disclose Information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
9) Linking to Third-Party Service. When you click on links on our Service that take you to third-party websites, you will be subject to the third parties’ privacy policies. While we support the protection of privacy on the Internet, we cannot be responsible for the actions of any third-party websites. We encourage you to read the posted privacy policies of any and every website you visit, whether you are linking from our Service or browsing on your own.
10) Access to and Managing Your Information. We believe it is important for you to be able to: (1) find out what Information you have provided to us through our Service; (2) update your Information; (3) “opt out” of receiving future Marketing Communications; or (4) remove your contact information from the Service. To inquire about your Information, update your Information, “opt” out of receiving future Marketing Communications, or removing your contact information from the Service, please do one of the following:
a) Send an e-mail with your request and current contact information to info@rnrachicago.com;
b) Send a request in writing with your current contact information to: River North Residents Association P.O. Box 10924 Chicago, IL 60610.
c) If you send an e-mail or letter request, please be sure to include your full name, address, phone number and e-mail address and indicate the specific nature of your request. If you want to “opt in” or “opt out” of receiving Marketing Communications or push notifications, specify which you wish to receive or stop receiving. This will ensure we identify you correctly in our systems and accurately process your request. We generally respond to email requests within 48 hours of receiving a request, but it may take up to 30 days depending on the volume of requests we receive. Until that change takes effect, you may still receive or not receive Marketing Communications or push notifications from us.
Also, please note that even though you may have “opted out” of receiving Marketing Communications, you may still receive business-related communications. Please be aware that “opting-out” of certain third party uses may prevent us from providing certain services that you request.
11) Cancel Your Account/Subscription. If you wish to stop using the Service, simply delete the App from your mobile device.
Even if you delete the App, we retain Information as long as it is necessary and relevant for our operations (including but not limited to for purposes described in Sections 7 and 8), and in accordance with applicable laws.
12) What You Need to Do to Protect Your Information. You have several options when deciding how you can best protect your Information. One option is simply not to volunteer it. As stated above, this approach would allow you to still visit our Service, although it may prevent you from using certain aspects of the Service. The Federal Trade Commission’s website, www.ftc.gov, also offers useful information about how to protect personally identifiable information provided to a website.
13) What to Do About Suspected Violations of This Privacy Statement. If at any time you believe we have not adhered to the policies and principles set forth in this Privacy Statement, please notify us using the contact information provided below. We will make all commercially reasonable efforts to promptly respond to your concerns.
14) Changes to Privacy Policies. Our Privacy Policy is subject to change from time to time, so we suggest that you review the current Privacy Policy at the start of each visit our Service. We will also notify you of material changes to this Privacy Policy by posting them to the Service or via email. Unless we clearly express otherwise, we will use Information in accordance with the Privacy Policy then in effect. YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF ANY AMENDMENTS TO AND THE MOST RECENT VERSION OF THIS PRIVACY STATEMENT AND THE SERVICE’S TERMS OF USE.
15) California Privacy Rights. Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our customers who are California Users to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@rnrachicago.com or write us: River North Residents Association P.O. Box 10924 Chicago, IL 60610.
16) Questions or Comments. If you have any questions or comments concerning our Privacy Policy, please contact us:
a) Send an email with your request and current contact information to info@rnrachicago.com;
b) Send a request in writing with your current contact information to: River North Residents Association P.O. Box 10924 Chicago, IL 60610.
Privacy Policy © River North Residents Association
Part II. Terms of Use
PLEASE READ ALL OF THE FOLLOWING TERMS OF USE CAREFULLY AS THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES , AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
River North Residents Association (“RNRA”, “we”, “us” and/or “our”) provides online services and offerings to members of the River North Residents Association, participating RNRA merchant sponsors and other visitors to the River North neighborhood or the Service in general, through the “My River North” mobile app (the “App”), www.rnrachicago.org (the “Site”), our community forums, and various online tools and services (collectively, the “Service”). The Service enables residents of RNRA member properties and other individuals (collectively “Users) to benefit from offers provided by participating merchants (“Merchants”). The terms “you” or “your,” where appropriate, may refer to Users, Merchants, or Properties (as defined below). If you are accessing the Service on behalf of a company, corporation or other entity, then “you” and “your” refers to that entity.
By accessing or using the Service, you agree to comply with and be bound by these terms of use (“Terms of Use” or “Agreement”), whether or not you become a registered user of the Service. Failure to use the Service in accordance with these Terms of Use and Privacy Policy may subject you to civil and criminal penalties.
1) Acceptance of Terms of Use. Should you NOT accept these Terms of Use, you must neither access nor otherwise use the Service. Our Terms of Use is subject to change from time to time, so we suggest that you review the current Terms of Use at the start of each visit. RNRA reserves the right to alter the Agreement at its sole discretion. We will notify you of amended terms by posting them to our Service, by email, or any other means we deem appropriate. Use of the Service after posting of amended terms will be governed by those amended terms. These terms will govern any disputes arising before the effective date of the amended terms.
2) Residency and Age. This Service is intended to be accessed and used by individuals from within the United States of America only, and RNRA disclaims any representations and/or warranties it makes in this Agreement which may apply to individuals who access the Service from other countries. By accessing and using the Service, you represent, warrant, and affirm that you are at least 18 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. You hereby affirm that you are, at a minimum and without exception, 13 years old. The Service is not intended to be accessed or utilized by children less than 13 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of a corporation or other entity, you represent and warrant that you are authorized to do so.
3) Using the Service – Users and Properties.
a) Property Sign Up. Residential properties (“Property” or “Properties”) located within or near RNRA’s service area may become RNRA members by visiting the Site and following the Membership sign up prompts. Upon signup and payment of RNRA’s membership fee (the “Membership Fee”), each Property will be encouraged to invite its residents to download and use the App.
b) Downloading the App. Users may download the App from Google PlayTM or App StoreSM and follow the App’s prompts to use the Service and redeem offers from participating Merchants. Once a User downloads the App, you can set preferences; view participating Merchants with the ability to search near your location, by Merchant name, and by business category; browse offers with display of Merchant name, logo or image, location, weblink, map and offer details; view RNRA news and events; access the RNRA website via browser; receive push notifications from RNRA regarding such local offers, events, and news; and share your activity within the App and on the App’s integrated social media platforms.
c) Redeeming a Merchant’s Offer. Once you download the app, you can access and redeem a participating Merchant’s offer (“Offer”) directly through the App. Offers are searchable in multiple ways, including by category or Merchant location. To redeem an Offer, you must first have created an account with the Service (which you may do by following the App’s prompts). Once you have an account, then while you are signed in, simply visit the Merchant’s screen, click on the “View Deal” button, click “Redeem” and follow the prompts. By obtaining any Merchant’s Offer via the Service, you agree to these Terms of Use.
d) Restrictions on Use. Users understand and agree that once you redeem a Merchant’s Offer, you may not request the Merchant to change the terms of the Offer as listed through the Service. Offers may be used once per User per visit, are non-transferable, and are subject to any other terms or restrictions imposed by the participating Merchant.
4) Using the Service – Merchants.
a) Sign Up. Merchants may become RNRA Sponsors by visiting the Site and following RNRA’s Sponsor sign up prompts and paying the applicable fees. When you become a Sponsor and register for the Service as a Merchant, you will upload information about your business including name, address, contacts, description, business category(ies), logo and a photo of your establishment. Merchants will have the ability to receive app usage data and will receive a “My River North Accepted Here” sign. RNRA will promote your business in the App, on the Site, and at RNRA’s Annual Meeting; and will provide a link to your webpage.
b) Creating and Managing Offers. In order to create an Offer or modify an existing Offer, Merchants must send a message with the Offer information (including any restrictions on redemption or use) to a recipient specified by RNRA from an authorized email address designated by the Merchant. RNRA will update the user-facing Offer by close-of-business on the 2nd business day. Though Offers may be changed at any time, you understand and agree that only one Offer may be submitted at any given time and that an Offer must be displayed at all times. Various types of offers are acceptable, including, but not limited to, monetary and percentage discounts, BOGO, bundling, upgrades, etc.
c) Fulfilling Offers. Merchants are solely responsible for fulfilling each Offer that they agree to provide to Service users.
d) Merchant Background Checks. RNRA does not conduct background checks on Merchants or their employees. RNRA reserves the right to reject a Merchant for any reason or no reason, as well as suspend or terminate your access to and use of the Service.
5) Privacy Policy. In addition to the terms contained herein, you agree to the privacy practices and procedures outlined in our privacy policy accessible via our App and at RNRAChicago.org.
6) User Registration. Although anyone may download the App and thereby access news, events and local resources, only registered Users may redeem discount offers from participating Merchants.
To be a Registered User of the Service, you hereby agree to: 1) provide true, accurate and complete information as prompted by any Service registration form, which may include your name, email address and company information. RNRA reserves the right to refuse to provide access to and use of the Service, or any portion thereof, on the basis of inaccurate or incomplete registration data.
You will be required to select a username and password when using certain features of the App. You are solely and fully responsible for maintaining the confidentiality of your own username and password, and you are solely and fully responsible for all activities occurring under your username and password. RNRA shall not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account.
7) RNRA License. Subject to this Agreement, RNRA policies, and to the extent permitted under all applicable laws and regulations, RNRA grants you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable license to access and use the Service for the purposes of viewing and redeeming Merchants’ offers (eligible Users), configuring and promoting Merchant offers (participating Merchants), viewing RNRA news and events on the Service, and otherwise using the Service as authorized hereunder.
8) Acceptable Use Policy.
a) Your Responsibilities. In registering for, accessing and using the Service, you understand and agree that you are responsible for the following:
i. Your compliance with this Agreement;
ii. Taking appropriate security measures to prevent the unauthorized disclosure of your user passwords, login information, or other credentials used to access your account;
iii. The accuracy, quality, integrity, legality, reliability, and appropriateness of the content you submit to the Service;
iv. Complying with applicable state, federal and international laws, regulations, and ordinances with respect to your use of the Service;
v. All activity that occurs under your account; and
vi. Procuring all necessary rights to use any third party software (e.g., web browser), services (e.g., internet access) or equipment that may be needed to use the Service.
b) Restrictions on Use. You further agree not to:
i. Use any content or information available through the Service for any unauthorized purpose;
ii. Use the Service for any purpose in violation of local, state, or national law;
iii. Interfere with or damage the Service including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
iv. Collect, store, or distribute any information about any other user other than in the course of the permitted use of the Service;
v. Engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service;
vi. Impersonate any person, company, or entity;
vii. Restrict or inhibit any other user from using or enjoying the Service;
viii. Intentionally or unintentionally violate any applicable law or regulation;
ix. Send or otherwise transmit to or through the Service chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
x. Modify, sublicense, translate, sell, circumvent, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service; or
xi. Assist any third party in doing any of the foregoing.
9. Posted Content. The Service allows you to submit content about your company and Offer (collectively, “Merchant Content”) for posting to or through the Service including, without limitation, Merchant name, logo, photographs, messages, offer descriptions, images, or any other information or audiovisual material. The Service also allows you to post content on RNRA’s community forums (“Forum Content”). Forum Content and Merchant Content are referred to collectively as “Posted Content”. You are solely responsible for Posted Content that you submit to or through the Service.
RNRA does not monitor or approve Posted Content; however, RNRA may, in its sole and unfettered discretion, edit, remove, or delete any of Posted Content.
As a condition of accessing and using the Service, you agree not to submit content that:
a) is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
b) violates or infringes upon the rights of others including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder;
c) promotes malice or harm of any kind against any group or individual;
d) solicits user passwords, financial information, or personal identification for unlawful purposes;
e) contains a virus, spyware, malware, or harmful software; or
f) constitutes junk mail, unsolicited mass mail, or spam.
The foregoing is only a partial list of the kind of Posted Content, which is prohibited on the Service. RNRA reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Service and terminating the violator’s Service access.
10) Content License. By posting or submitting Posted Content on the Service, you grant and warrant that you have the right to grant (or have obtained all necessary third-party permissions to grant) to RNRA and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicense-able right and license (“License”) to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Posted Content anywhere in the world, in whole or in part, in any media now known or hereafter developed, in connection with the Service and RNRA’s marketing of the Service.
You also grant all other users of the Service a non-exclusive, irrevocable, worldwide, royalty-free license to access, view, and reproduce Posted Content for non-commercial, personal purposes as permitted through the functionality of the Service. These rights are limited and non-sublicenseable.
You hereby waive, represent, and warrant (“Waiver”) that you have obtained the waiver of any and all moral rights in Posted Content that you submit or post on or through the Service including, without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction worldwide.
You represent and warrant that you have obtained all necessary consent and authority from any individual whose likeness appears in any of Posted Content which you post on or submit to the Service to: 1) post and submit such content on or to the Service; and 2) permit RNRA and its licensees, affiliates, and successors to use such content in accordance with the foregoing License.
You further represent and warrant that RNRA’s exercise of any of its rights under the license granted hereunder will neither violate nor infringe upon the rights of others including, without limitation, privacy, publicity or intellectual property rights, and complies with all applicable laws and regulations.
11) Proprietary Rights. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service (excluding any licenses granted to RNRA hereunder by you or third parties) (collectively, “Service Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless expressly authorized in this Agreement or in writing by RNRA, you agree not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from any Service Content available on the Service. Reproducing, copying or distributing any Service Content for any other purpose is strictly prohibited without the express prior written permission of RNRA. You shall use the Service Content only for purposes that are permitted by this Terms of Service and any applicable laws and regulations. Any rights not expressly granted herein are reserved.
12) Interactions with Other Service Users. You are solely responsible for interactions with other Service users. RNRA shall not be responsible for any damage or harm resulting from your interactions with other Service users. When interacting with other users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.
You understand that RNRA does not screen users. RNRA makes no representations or warranties as to user conduct. RNRA reserves the right, without obligation, to: 1) monitor all interactions between users; and 2) take any action in good faith to restrict access to or the availability of any Posted Content which RNRA considers prohibited.
NEITHER RNRA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MERCHANT OR OTHER USER OF THE SERVICE AND YOU HEREBY RELEASE RNRA AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. RNRA CANNOT AND DOES NOT CONTROL THE OFFERS AND MERCHANT’S WHO MAKE SUCH OFFERS AVAILABLE TO USERS, AND RNRA HEREBY DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY OFFERS AND/OR FULFILLMENT ISSUES ASSOCIATED WITH SUCH OFFERS. RNRA AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
13) Links. The Service contains links to other internet sites and resources, and you acknowledge and agree that: 1) RNRA shall not be responsible for the availability of such external sites or resources; and 2) RNRA does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such services or resources. You agree that RNRA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Service or resource.
14) Disclaimer. The Service, including, but not limited to the Site and the App and the entirety of its contents, is provided “AS IS” and RNRA hereby disclaims (except where prohibited by law) all express and implied warranties including, but not limited to, warranties of merchantability, title, non-infringement, and fitness for a particular purpose. RNRA expressly disclaims any representation that:
a) the Service will meet your requirements;
b) access to the Service will be uninterrupted, timely, secure, or error-free;
c) any information obtained through or from the Service will be accurate or reliable;
d) the quality of any products, services, information, or other material obtained by you through the Service will meet expectations;
e) any user-provided information will not be disclosed, in the absence of user-provided approval, to third parties; or
f) any data or software errors will be corrected.
RNRA IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, SERVICES, ACTIONS OR INACTIONS OF ANY USER, PROPERTY MANAGER, MERCHANT, OR OTHER THIRD PARTY WHO USES OR INTERACTS WITH THE SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND THAT RNRA HAS NO CONTROL OVER AND DOES NOT AND CANNOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE OFFER, THE TRUTH OR ACCURACY OF ANY OF POSTED CONTENT (INCLUDING OFFER DETAILS), OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, RNRA IS NOT AFFILIATED WITH AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH ANY THIRD-PARTY SERVICE PROVIDER USED IN CONNECTION WITH THE SERVICE (SUCH AS PAYMENT PROCESSORS), AND RNRA HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER.
RNRA SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, SERVER, PROVIDER, OR SOFTWARE. RNRA SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR COMPUTER RESULTING FROM USE OF THE SITE OR APP OR SERVICE INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, IN-APP VIEWING, FILE DOWNLOADING, SERVER USE OR ACCESS, OR FOLLOWING SERVICE LINKS. YOU ACCESS THE SERVICE AT YOUR OWN RISK AND ARE SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. RNRA SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. RNRA SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OR MERCHANT OF THE SERVICE. RNRA SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT DESTRUCTION, OR ALTERATION OF YOUR COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM RNRA OR THE SERVICE SHALL CREATE ANY WARRANTY.
THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15) Limits on Liability. RNRA, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EXECUTIVE DIRECTOR, BOARD MEMBERS, THIRD PARTY CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS (“RNRA PARTIES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE WITH RESPECT TO THE SERVICE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: 1) THE SERVICE’S AVAILABILITY; 2) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USERS, MERCHANT OR OTHER USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE; 3) ANY SERVICE OR POSTED CONTENT; 4) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; OR 5) ANY USE OF GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED THROUGH THE SERVICE, EVEN IF THE RNRA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RNRA PARTIES’ AGGREGATE LIABILITY TO YOU IN ANY MATTER ARISING FROM OR RELATED TO THE SERVICE OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF EITHER ONE HUNDRED DOLLARS ($100) OR THE TOTAL FEES PAID BY YOU TO RNRA DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, WHICHEVER IS GREATER.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, RNRA’S LIABILITY IS LIMITED TO THE EXTENT PERMITED BY LAW.
16) Release. IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICE, YOU HEREBY AGREE TO RELEASE THE RNRA PARTIES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER MERCHANTS OR USERS) IN CONNECTION WITH THE SERVICE, YOUR ACCESS AND USE OF THE SERVICE, OR THE OFFERS.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS IN SUBSTANCES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
17) Indemnification. You agree to indemnify and hold harmless the RNRA Parties from and against any loss, liability, or expense, including reasonable attorneys’ fees and expenses and court costs, arising out of or related to: 1) any third-party claim against any RNRA Party alleging that Posted Content submitted to the Service infringes any of the third party’s rights; 2) your breach of any provision of this Agreement and/or any representation or warranty identified herein; or 3) any cost or expense RNRA incurs in enforcing this Section. RNRA reserves the right to control the defense and settlement of any action or proceeding against any RNRA Party that you are bound to defend pursuant to the foregoing.
18) Termination. RNRA, in its sole and unfettered discretion and without prior notice, may limit access to the Service for any reason including, without limitation, breach of contract. RNRA may immediately deactivate or delete a User account or Merchant Account and all related information and files in such account; and 2) bar any subsequent access by a User or Merchant to the Service or Posted Content. RNRA shall not be liable to Merchants or other Users for any costs or damages of any kind for or resulting from any termination of Service access. All provisions of this Terms of Use that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limits on liability, releases, disclaimers of warranties, indemnification obligations, and intellectual property protections and licenses).
19) Discontinuance of Service. RNRA reserves the right to modify or discontinue, temporarily or permanently, any portion of the Service without prior notice. You agree that RNRA shall not be liable to you or to any third party for any modification or discontinuance of any portion of the Service.
20) Take-Down Requests, DMCA. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or proprietary information without obtaining the prior written consent of the owner. If you believe that your work has been copied and posted on the Service in any way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable RNRA to find the alleged infringing material, such as a url);
d) your address, telephone number and email address;
e) 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; and
f) 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.
Notice of claims of copyright infringement should be provided to our Copyright Agent at the following address:
Agent: RNRA Copyright Agent
Address: P.O. Box 10924
Phone: 312 890-0273
Fax: n/a
Email: Info@RNRAChicago.org
RNRA will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
21) Miscellaneous.
a) Choice of Law; Jurisdiction. This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law.
b) Arbitration. For any claim (excluding claims for injunctive or other equitable relief) arising out of the Agreement or the Service (including whether the claims asserted are arbitrable), shall be referred to arbitration, except those claims that may be asserted in small claims court. Arbitration shall be subject to the Federal Arbitration Act, conducted by the American Arbitration Association (AAA), and governed under AAA’s rules. Any arbitration proceeding shall be brought and conducted exclusively in Chicago, Illinois. ANY CLAIMS BROUGHT BY YOU OR RNRA MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
The arbitrator may award any individual relief or individual remedies that are permitted by applicable law. Judgment on an arbitration award may be entered by any court of competent jurisdiction. The arbitration award shall be confidential and final and binding upon the Parties without appeal or review, except as permitted by Illinois law or United States federal law.
If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in Cook County, Illinois, and the Parties waive any right to a jury trial. The Parties agree that, notwithstanding the above, either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Subject to the arbitration provisions set forth herein, the successful Party in any dispute will be entitled to receive from the unsuccessful Party all reasonable attorneys’ fees, costs, and disbursements.
c) Severability. If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
d) Separability. This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
e) Merger. This Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.
f) Contact. Any questions regarding these Terms of Use may be directed to RNRA’s administrators at info@rnrachicago.org
Terms of Use © River North Residents Association.
