COMMUNITY ALLY TERMS OF SERVICE
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
"Agreement" or "Terms" refers to these Terms of Service;
"Community Ally" refers to our company, known as "Taylor Clark Software, LLC"; our Site; related sites (Condo Ally, HOA Ally, Townhome Ally, Block Club Ally, Neighborhood Ally, PTA Ally); our Service; or a combination of all or some of the preceding definitions depending on the context in which the word is used;
"Service" refers to the services that we provide through our Site, including our Site itself;
"Site" refers to our website, www.communityally.org and its associated websites;
"User" refers to anyone who uses our Service, including general visitors to our Site;
"You" refers to you, the person who is entering into this Agreement with Community Ally.
3. How Community Ally Works
Community Ally provides tools to help community organizations and citizens improve their community. Condo Ally, HOA Ally, and Townhome Ally, for example, provide an online platform for associations to perform their management duties in a way that is tracked and open to all residents of the association. Users can pay their association assessment payments online through a third party payment provider. Beyond that, associations can obtain quotes from professionals for work to be done and can connect with other community organizations.
In order to use our Service, you must meet a number of conditions, including but not limited to:
· You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Community Ally, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
· You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than eighteen (18) years of age.
· You must, if signing up on behalf of an organization, be authorized by that organization to bind it to this Agreement and you are hereby binding both it and you to this Agreement.
· You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
· You must properly report all income and contracts as required to the Internal Revenue Service and any other governmental entity that may require it. You acknowledge that Community Ally is not required to conduct your recordkeeping for you or to report any income information to the tax authorities.
5. Nature of Service
Community Ally acts as a portal for community organizations to enable them to perform their management duties and connect with other organizations and professionals. However, unless otherwise stated by Community Ally, Community Ally makes no representations or warranties about the honesty or reliability of any user, organization, or professional. You agree to hold Community Ally harmless for any liability relating to the acts or omissions of any User.
7. Electronic Communications
Visiting the Site or sending emails to Community Ally constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Community Ally provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
8. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Community Ally is not responsible for third party access to your account that results from theft or misappropriation of your account. Community Ally and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Community Ally does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). If you are under eighteen (18), you may not use www.communityally.org.
9. Rules of Use
You must not:
· Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
· Post or send anything violent, threatening, abusive, discriminatory, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Community Ally.
· Infringe on anyone's intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
· Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Community Ally Site, Service, or its Users' computers.
· Do anything else which could bring Community Ally into disrepute or violate the rights of any person.
10. Payment and Refunds
Payments can be made by means of credit card and e-check through a third party payment provider. Community Ally cannot process any requests for refunds. Requests for refunds must be made directly to the third party payment provider. Should you have any questions regarding the identity of the third party provider servicing Community Ally, please contact hello@CommunityAlly.org.
11. Links to third party sites/Third party services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Community Ally and Community Ally is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Community Ally is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Community Ally of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.communityally.org or its associated domains, you hereby acknowledge and consent that Community Ally may share such information and data with any third party with whom Community Ally has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers. If you do not want information about you to be shared in this manner, do not use this feature.
13. Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public users at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Community Ally has no obligation to monitor the Communication Services. However, Community Ally reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Community Ally reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Community Ally reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Community Ally’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your organization in any Communication Service. Community Ally does not control or endorse the content, messages or information found in any Communication Service and, therefore, Community Ally specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
14. Materials Provided to www.communityally.org or Posted on any Community Ally Web Page
Community Ally does not claim ownership of the materials you provide to www.communityally.org (including feedback and suggestions) or post, upload, input or submit to any Community Ally Site or our associated services (collectively "Submissions"). By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
15. Consent and Release for Use of Likeness
If you use this site and enable your profile, you grant Community Ally, its agents, employees, licensees, and successors in interest (the "Released Party") all ownership rights and the absolute and irrevocable right and permission to copyright, use and publish the photographed likeness of you and/or your organization (the "Likeness") that has been (or is being) obtained pursuant to this Consent and Release. We know this sounds scary, but we need to have this here to be able to show your profile photo in your association’s directory, discussion threads, and other locations on your site.
By creating a profile, you warrant that you have read this Consent and Release prior to creating a profile, that you understand it, and that you freely enter into this Consent and Release.
16. No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Community Ally or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Community Ally content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for purposes permitted by these Terms, and will make no other use of the content without the express written permission of Community Ally and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Community Ally or our licensors except as expressly authorized by these Terms.
"Community Ally" is a trademark used by us, Taylor Clark Software, LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business as it may cause confusion to the consuming public as to the source of the advertised services.
18. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
19. International Users
The Service is controlled, operated and administered by Community Ally from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Community Ally’s Services accessed through www.commumityally.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
20. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FRAUD, NEGLIGENCE, OR MISREPRESENTATION ON THE PART OF ANY MISSIONARY OR OTHER USER.
YOU AGREE WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
22. Choice of Law
This Agreement shall be governed by the laws in force in the State of Illinois. The offer and acceptance of this contract are deemed to have occurred in the State of Illinois.
23. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Illinois. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest civil court of competent jurisdiction in the Circuit Court of Cook County, State of Illinois ("Small Claims Court").
If a dispute alleges multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.
24. Class Action Waiver
Any dispute under these Terms and Conditions will take place on an individual basis; class/representative/collective actions are not permitted. YOU AGREE THAT YOU MAY BRING CLAIM(S) AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST US.
25. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, Community Ally shall have the sole right to elect which provision remains in force.
Community Ally reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
28. Termination & Cancellation
Community Ally reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
29. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We reserve the right to change these Terms at any time at our discretion, except as expressly set forth in these Terms. If we make changes to these Terms, we will provide notice of the changes, such as by sending you an email, by providing notice through the Site or Service, or by updating the "Last updated" date at the bottom of these Terms. Your continued use of our Service after we provide notice of the changes will confirm that you accept the changed Terms. We encourage you to review these Terms regularly to ensure that you understand the terms and conditions that apply to your use of our Service. If you do not agree to the changed Terms, you must stop using our Service.
Last Modified: September 22, 2020