Terms of Use

Thank you for your interested in the services offered by The Franklin County Digital Equity Coalition (collectively, “the Coalition,” “we,” “our,” or “us”). The Coalition is comprised of its organizational members (the “Members”), which are identified on the Site.

These Terms of Use apply to your use of this website, https://franklincountydigitalequity.org (the “Site”) and otherwise in the course of providing our other products and services (collectively, the Site and our other products and services are the “Services”) only to the extent these Terms of Service are expressly incorporated in connection with such Services, such as by internet link on a website, express incorporation by reference in a contract, or other presentation or display to users. If not so expressly incorporated, these Terms of Service do not apply.

The Terms of Use include the Privacy Policy available at https://franklincountydigitalequity.org/privacy-policy and other such agreements or policies linked to and accessible from the footer of the Site. These Terms of Use, and the Privacy Policy, may be updated by the Coalition from time-to-time as described herein.

Certain aspects of the Service may be provided by one or more third parties. Such third parties may have their own policies (collectively, “Third Party Policies”) that apply to your use of the Service. Nothing in these Terms of Use is intended to modify or limit such Third Party Policies. These Terms of Use only apply to the Service to the extent actually developed, distributed, licensed and supported by or on behalf of the Coalition.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.

• You acknowledge and agree that, as provided in greater detail in the Terms of Use:
  • your use of the Service may be subject to separate third party terms of use/service and fees, including without limitation, certain Third Party Policies;
  • you consent to the collection and use of your personally identifiable information and information about your location in accordance with the Coalition Privacy Policy and the privacy policies of third parties included within the Third Party Policies;
  • the Service is provided “as is” without warranties of any kind and the Coalition’s liability to you is limited;
  • disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THESE TERMS OF USE, YOU AND THE COALITION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with the Coalition;
  • access to certain features of the Service may require access to information about the location of your device, such as GPS coordinates or street address; and
  • by creating an account on our service or otherwise accessing, contributing or activating content on the Service, you agree to subscribe to newsletters, marketing, promotional or sponsored materials and other information we may send which may take a variety of forms and methods inclusive of, but not limited to, electronic communications such as email and SMS/text messaging. Receipt of such sponsored material may create additional fees and charges with your mobile or data provider. You are responsible for all such costs. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email or text message we may send.

1. User Content.

    

   1. User Content Generally.
      • Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service.
   2. Limited License Grant.
      • By posting or publishing User Content, you grant the Coalition a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by the Coalition may be without any compensation paid to you.
   3. Limited License Grant to Other Users.
      • By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms of Use and the functionality of the Service.
   4. User Content Representations and Warranties.
      
      1. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
         
         1. you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize the Coalition and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 1 and in the manner contemplated by the Coalition and these Terms of Use; and
         2. your User Content, and use of your User Content as contemplated by these Terms of Use, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
         3. By creating an account with us, you guarantee you are 18 years of age or older and all personal information you provide is accurate.
   5. User Content Disclaimer.
      • The Coalition is under no obligation to edit or control User Content that you or other users post or publish, and the Coalition will not be in any way responsible or liable for User Content. The Coalition may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in the Coalition’s sole judgment violates these Terms of Use or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Coalition with respect to User Content. The Coalition expressly disclaims any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms of Use, the Coalition may investigate the allegation and determine in its sole discretion whether to remove the User Content, which the Coalition reserves the right to do at any time and without notice.
2. Digital Millennium Copyright Act.
   • DMCA Notification.
     • The Coalition complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact the Coalition’s Designated Agent by using the Contact page on the Site.
       Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
       • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
       • a description of the copyrighted work or other intellectual property that you claim has been infringed;
       • a description of the material that you claim is infringing and where it is located on the Service;
       • your address, telephone number, and email address;
       • a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
       • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
3. Prohibited Conduct.
   • BY USING THE SERVICE YOU AGREE NOT TO:
     
     1. use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
     2. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
     3. violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
     4. interfere with security-related features of the Service, including without limitation by
        
        1. disabling or circumventing features that prevent or limit use or copying of any content, or
        2. reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that such activity is expressly permitted by applicable law;
     5. interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by
        
        1. uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code,
        2. making unsolicited offers or advertisements to other users of the Service,
        3. attempting to collect, personal information about users or third parties without their consent; or
        4. interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
        5. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your name, age, date of birth or other personal information;
        6. sell or otherwise transfer the access granted by these Terms of Use or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials; or
        7. attempt to do any of the prohibited acts described in this Section 3, or assist or permit any persons in engaging in any of the acts described in this Section 3.
4. Third Party Services and Linked Websites.
   • The Coalition may provide tools through the Service that enable you to export information, including User Content, to third party services, including, where applicable, through features that allow you to link your account on the Coalition Site with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that the Coalition may transfer such information to the applicable third party service. Such third party services are not under the Coalition’s control, and the Coalition is not responsible for their use of your exported information. The Service may also contain links to third party websites. Such linked websites are not under the Coalition’s control, and the Coalition is not responsible for their content.
5. Termination of Use; Discontinuation and Modification of the Service.
   • If you violate any provision of these Terms of Use, your permission to use the Service will terminate automatically. Additionally, the Coalition, in its sole discretion, may terminate your user account on the Service, if applicable, or suspend or terminate your access to the Service at any time, with or without notice. The Coalition also reserves the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. The Coalition will have no liability whatsoever in the event of any change to the Service or any suspension or termination of your access to or use of the Service. If you have an account with us, you may terminate your account at any time by contacting customer service using the Contact page on the Site. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
6. Feedback.
   • If you provide feedback to the Coalition regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize the Coalition to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to the Coalition a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose. The Coalition provides no assurances that any reported problems will be resolved by the Coalition even if the Coalition elects to provide a response or information with the goal of addressing a problem.
7. Privacy Policy; Additional Terms.

    

   1. Privacy Policy.
      • Please read the Coalition Privacy Policy, available at https://franklincountydigitalequity.org/privacy-policy, carefully for information relating to the Coalition’s collection, use, storage and disclosure of your personal information.
   2. Additional Terms.
      • Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that the Coalition may post on or link to on the Service (the “Additional Terms”), such as end user license agreements for any downloadable applications that the Coalition may offer, or rules applicable to particular features or content on the Service, subject to Section 8 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms of Use.
8. Modification of these Terms of Use.
   • The Coalition reserves the right, at its discretion, to change these Terms of Use on a going-forward basis at any time. Please check these Terms of Use periodically for changes. If a change to these Terms of Use materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such modified Terms of Use. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms of Use will be resolved in accordance with these Terms of Use in effect that the time the dispute arose.
9. Ownership; Proprietary Rights.
   • The Service is owned and operated by the Coalition. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, Software, services, and all other elements of the Service (the “Materials”) provided by the Coalition are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of the Coalition or our third party licensors. Except as expressly authorized by the Coalition, you may not make use of the Materials. The Coalition reserves all rights to the Materials not granted expressly in these Terms of Use.
10. Indemnity.
    • You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless the Coalition, its Members, and each of their officers, directors, employees, consultants, affiliates, subsidiaries, agents, and distributors (collectively, the “Coalition Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with
      • your access to, use of, or alleged use of the Service;
      • your violation of these Terms of Use or any representation, warranty, or agreements referenced in these Terms of Use, or any applicable law or regulation;
      • your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or
      • any disputes or issues between you and any third party. The Coalition reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
11. Disclaimers; No Warranties.
    • THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COALITION, INCLUDING ITS MEMBERS, SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE COALITION, INCLUDING ITS MEMBERS, DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
    • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY ON BEHALF OF THE COALITION, INCLUDING ITS MEMBERS, OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND AS BETWEEN YOU AND THE COALITION, INCLUDING ITS MEMBERS, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY (INCLUDING YOUR PERSONAL PROPERTY USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
    • SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. Limitation of Liability.
    • IN NO EVENT WILL THE COALITION, INCLUDING ITS MEMBERS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COALITION, INCLUDING ITS MEMBERS, HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
    • YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COALITION, INCLUDING ITS MEMBERS, TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO THE COALITION FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE MONTHS PRIOR TO THE CLAIM OR (ii) $100.
    • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    • EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Governing Law.
    • These Terms of Use are governed by the laws of the State of Ohio without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and the Coalition agree to bring such claims exclusively in the state courts and federal courts located within Franklin County, Ohio for the purpose of litigating all such disputes and each party submits to the personal and exclusive jurisdiction of such courts and waives any jurisdictional, venue, or inconvenient forum objections to such courts. The Coalition operates the Service from its offices in Franklin County, Ohio and it makes no representation that Materials included in the Service are appropriate or available for use in other locations. YOU AND THE COALITION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. Relationship of the Parties.
    • You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Coalition as a result of these Terms of Use or use of the Site. The Coalition’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained herein is in derogation of the Coalition’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Coalition with respect to such use.
15. Consent to Electronic Communications.
    • By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that the Coalition sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
16. General.
    • These Terms of Use, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and the Coalition regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms of Use. You may not assign or transfer these Terms of Use or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. The Coalition may assign these Terms of Use at any time without notice. The failure to require performance of any provision will not affect the Coalition’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms of Use or any provision of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms of Use is for convenience only and will not have any impact on the interpretation of particular provisions. If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms of Use, any provision that by its nature or express terms should survive will survive such termination or expiration.
17. Contact Information.
    • The services hereunder are offered by the Coalition. You may contact us using the Contact page on the Site.