Grounded Solutions Terms of Use

Effective Date: June 19, 2015, revised April 19, 2018

HomeKeeper, a program of Grounded Solutions Network, is focused on supporting a network  of housing practitioners, advocates and elected officials in  strengthening their capacity and  impact. Grounded Solutions Network offers certain content and services on our websites available at http://www.groundedsolutions.org, http://www.affordableownership.org/, http://www.cltnetwork.org/ and http://myhomekeeper.org/ (the “Websites”), including Content and online tools to assist users with development projects (collectively, the “Services”). The Services include, without limitation, any services used or received by you from Grounded Solutions Network through the Websites and specifically includes the Calculator and the Dashboard (both terms are defined below). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

1.                         Acceptance of Terms

THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME, AND AS INCORPORATING THE PRIVACY POLICY (COLLECTIVELY, “TERMS OF USE”), ARE A LEGAL AGREEMENT BETWEEN THE COMMUNITY LAND TRUST NETWORK,  (REFERRED TO HEREIN “GROUNDED SOLUTIONS NETWORK” or “WE” or “US” or “OUR”) AND YOU (“YOU” or “YOUR”).

By accessing and/or using any Services, you are agreeing to these Terms of Use and all terms, conditions and notices contained or referenced herein. These Terms of Use will remain in full force and effect while you continue to use our Services. If you do not agree to these Terms of Use, please do not use our Services.

2.                         Eligibility

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICES. By using the Services, you represent and warrant that: (i) you are 18 years of age or older; (ii) all registration information you submit to Grounded Solutions Network is truthful and accurate; (iii) you will maintain the accuracy of such information; and (iv) your use of the Services does not violate any applicable law or regulation. Grounded Solutions Network may refuse access to its Services to anyone at any time, in its sole discretion for any or no reason.

3.                         Use of Services

Provided that you comply with these Terms of Use, Grounded Solutions Network grants you the right to access and use the Services. Grounded Solutions Network has no obligation to monitor the use of the Services by our users.

Grounded Solutions Network reserves the right to terminate or suspend your access to the Services (INCLUDING THE CALCULATOR AND DASHBOARD) at any time, for any reason or no reason, with or without notice to you. Grounded Solutions Network also reserves the right to change or discontinue any service or feature provided by Grounded Solutions Network, including, without limitation, the CALCULATOR AND DASHBOARD, at any time IN ITS SOLE DISCRETION and without notice. you agree that Grounded Solutions Network shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, change or discontinuance.

You may not, under any circumstances, use the Services in any manner: (i) that is unlawful; (ii) that could damage, disable, overburden, or impair any Grounded Solutions Network server or the network(s) connected to any Grounded Solutions Network server; (iii) that could interfere with any other party’s use and enjoyment of the Services; (iv) that gains or attempts to gain unauthorized access to any Services, unpublished information or material, or computer systems and/or networks connected to any Grounded Solutions Network server, or to any of the Services; (v) that collects or aggregates information regarding other users’ actions relating to the Services; or (vi) that reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Services.

4.                         Calculator and Dashboard

Grounded Solutions Network offers as part of the Services access to a proprietary tool intended for educational purposes only to assist with conducting analytics relating to development projects with affordability parameters and/or inclusionary zoning restrictions (the “Calculator”). To use the Calculator, you must first complete a registration form and a training program available through the Website. Upon completion of the registration and training, Grounded Solutions Network will grant you access to use the Calculator. You agree that you will not take any actions for the purpose of circumventing the foregoing restrictions.

Grounded Solutions Network offers as part of the Services access to a proprietary interactive public social impact dashboard intended to present the aggregated results of the National HomeKeeper Data Hub in a public, interactive dashboard, where results may be sorted or filtered by various factors. “Dashboard”).

5.                         Grounded Solutions Network Proprietary Rights

Content” shall mean including, without limitation, data, images, drawings, photographs, video, audio, text, content, messages, profiles and any and all other material and information you see on the Websites or available through the Services, whether provided by Grounded Solutions Network or third parties.

Grounded Solutions Network owns and retains all right, title and interest in the Websites, Services, Content, Calculator and Dashboard; and you have no intellectual property rights or other rights therein except as expressly granted in these Terms of Use. You acknowledge that the Websites, Services, Content, Calculator and Dashboard are protected by copyrights, trademarks and other proprietary rights owned by Grounded Solutions Network, and/or its licensors, including, without limitation, (i) rights to the selection, coordination, arrangement and enhancement of Content, and (ii) all algorithms, formulae, features and processes embodied in the Calculator and Dashboard. Neither the Calculator, Dashboard nor any Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Grounded Solutions Network’s prior written permission.

6.                         Termination & Survival

These Terms of Use are effective until terminated. Without prejudice to Grounded Solutions Network’s other rights hereunder, if you breach these Terms of Use in any way, then Grounded Solutions Network may take such action as appropriate to deal with the breach, including suspending your access to our Services, prohibiting you from accessing our Services, blocking computers using your IP address from accessing our Services, contacting your internet service provider to request that they block your access to our Services and/or bringing court proceedings against you. Grounded Solutions Network may terminate these Terms of Use immediately without advance notice to you.

You may terminate these Terms of Use any time by ceasing to use the Services and sending an email stating your intention to terminate these Terms of Use to Grounded Solutions Network at: http://groundedsolutions.org/contact-us/ with the subject line “Account Termination”. Such termination will not be effective until acknowledged by Grounded Solutions Network but not more than twenty (20) business days after sending such termination email. Upon termination of your Account, you will lose access to the Services.

The provisions of Section 5 (Grounded Solutions Network Proprietary Rights), 6 (Termination & Survival), 8 (Jurisdiction and Choice of Law), 9 (Disclaimer of Warranty), 10 (Limitation of Liability), 11 (Indemnification), 14 (Notices), and 15 (Miscellaneous) shall survive any termination of these Terms of Use.

7.                         Geographic Limitations

Grounded Solutions Network is controlled and operated from its facilities in the United States. Unless otherwise explicitly stated, all materials available through our Services are solely directed to individuals, companies, or other entities located in the United States. Those who choose to access the Services from locations outside of the United States do so on their own initiative contrary to the terms of these Terms of Use, and are responsible for compliance with local laws if and to the extent local laws are applicable.

8.                         Jurisdiction and Choice of Law

These Terms of Use, and any disputes arising from or relating to the conduct covered by the Terms of Use, are governed by the laws of the State of California. Grounded Solutions Network and you shall submit to the personal and exclusive jurisdiction of the courts located in the Alameda County, California, without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods.

9.                         Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, EXCEPT TO THE EXTENT SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON.

GROUNDED SOLUTIONS NETWORK MAKES NO WARRANTY THAT THE CALCULATOR OR DASHBOARD WILL BE ACCURATE, CURRENT OR RELIABLE OR WILL MEET YOUR EXPECTATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

10.                   Limitation of Liability

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICES.

GROUNDED SOLUTIONS NETWORK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUBCONTRACTORS, SUBLICENSEES AND AGENTS (THE “COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, OR INTERACTIONS WITH GROUNDED SOLUTIONS NETWORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.     IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11.                   Indemnification

You agree to defend, indemnify and hold harmless Grounded Solutions Network and its directors, officers, employees, agents, shareholders, licensors, parent companies, affiliates and representatives, from and against all claims, damages, obligations, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of: (i) your use of, access to, or activities in connection with the Services (including, without limitation, any use of the Calculator and Dashboard), including without limitation any data or content transmitted or received by you through the Services; (ii) any violation of these Terms of Use by you including without limitation any breach of any of the representations and warranties herein; (iii) any allegation that any information or materials that you create through the Services infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party; (iv) your violation of any third-party right, including without limitation any right of privacy or intellectual property right; or (v) your violation of any applicable law, rule or regulation.

12.                   Privacy Policy

You understand that any information provided by you or collected by Grounded Solutions Network in connection with your use of the Services will be used in the manner described in these Terms of Use and in Grounded Solutions Network’s Privacy Policy, such privacy policy (the “Privacy Policy”) being incorporated into and made a part of these Terms of Use by this reference. If you do not agree to the Privacy Policy you may not use the Services

13.                   Links to Third Party Sites

The Service may contain links to third party websites and services not operated by us (“Linked Sites”). These Linked Sites are not controlled by Grounded Solutions Network. The Linked Sites are provided as a service and do not imply any endorsement of the activities or content of these sites, nor any association with their operators. Grounded Solutions Network is not responsible for the terms of use or practices of any third party including, without limitation, websites directly linked to our Services. We encourage you to be aware of when you leave our Service and to review the terms of any third party site that you link from Grounded Solutions Network. These Terms of Use apply solely to Grounded Solutions Network and our Services.

14.                   Updates to Grounded Solutions Network’s Terms of Use

From time to time, Grounded Solutions Network may update these Terms of Use to reflect feedback from our users, modifications to our Services or changes to our policy. If there are material changes to these Terms of Use or how Grounded Solutions Network operates, we will prominently post the changes. All such changes will be effective immediately upon posting. We encourage you to review these Terms of Use occasionally to ensure that you are familiar with Grounded Solutions Network’s current practices. If you are dissatisfied with any modification to the Terms of Use, your only remedy is to terminate your use of the Service, as described in Section 6 (Termination & Survival) of these Terms of Use. Your continued use of the Service after a change or update has been made to the Terms of Use constitutes your acceptance of such change or update.

 15.                   Miscellaneous

(i) Entire Agreement: These Terms of Use, including without limitation the documents expressly incorporated by reference, constitute the entire agreement between you and Grounded Solutions Network with respect to its subject matter. These Terms of Use supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Grounded Solutions Network with respect to its subject matter and you represent that you have not relied on any such communications in accepting these Terms of Use.

(ii) Severability: If any provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, then the unlawful and/or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the other provisions will continue in effect.

(iii) Assignment: Grounded Solutions Network may assign Grounded Solutions Network’s rights and/or obligations under these Terms of Use, in whole or in part, at any time and without notifying you or obtaining your consent. You may not assign, transfer or sublicense these Terms of Use or any or all of your rights or obligations under these Terms of Use.

(iv) Waiver: No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

(v) Headings: The paragraph and section headings, captions and titles provided herein are for convenience only and shall have no effect on the meaning of the provision.

(vi) Notices: Grounded Solutions Network will provide notices to you (including notice of changes to the Services) by displaying such notices or providing links to such notices on our Websites. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16.                   Contact Grounded Solutions Network

If you have any questions regarding these Terms of Use, you can contact us at http://groundedsolutions.org/contact-us/.  

© 2018 Grounded Solutions Network – All Rights Reserved.

 

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