The City Club of Cleveland
Privacy Policy and Legal
Privacy
Policy
Your right to privacy is very important to us. We recognize that when
you choose to provide us with information about yourself, you trust us to use
the information solely for the purposes intended. In general, when you visit
our website and access information, you do remain anonymous and no personal
information is requested or stored. However, there are occasions where we
request from you certain information such as your email or mailing address -
for the processing of orders for example. We will not provide any of your
personal information to other companies or individuals without your permission.
We may, however, provide such information to contractors providing services to
us in relation to this Site or to our operations. We will take appropriate
steps to protect your privacy in relation to your use of our Site. This Site
may provide links to third party sites. Since we do not control such linked
sites, we encourage you to review the privacy policies of these third party
sites. Due to the rapidly changing environment of the Internet, we may
occasionally update this policy. All revisions will be posted to this Site.
Legal
THE CITY CLUB WEB SITE
TERMS OF SERVICE
Last Updated: 2/4/2003
Welcome to the City Club of Cleveland's web site (“Web Site”)! Before taking advantage of the many useful services offered here, please take a minute to ensure that you understand the terms and conditions of our relationship by reading this important information. By using this Web Site, you agree to be bound by these Terms of Service. If you do not agree with any of these terms, please do not use this Web Site. the City Club reserves the right to update or change these Terms of Service at any time and for any reason, without notice. By continuing to use the services offered on this Web Site, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version of the Terms of Service for your records. For your information, the date of the last update to these Terms of Service is stated at the top of this page.
THIS AGREEMENT INCLUDES:
1.
AGREEMENT TO CONTRACT ELECTRONICALLY:
You agree that this electronic Terms of Service agreement, combined with your
act of using the services offered on this Web Site has the same legal force and
effect as a written contract with your written signature and satisfy any laws
that require a writing or signature, including any applicable Statute of
Frauds. You further agree that you shall not challenge the validity,
enforceability, or admissibility of the Terms of Service on the grounds that it
was electronically transmitted or authorized. In addition, you acknowledge that
you have had the opportunity to print this Terms of Service agreement.
2. INFORMATION AND SECURITY:
Personal Information: The City Club requests personal
information (address, phone, e-mail etc.) from City Club members who sign up to
use certain features on our Web Site. We also ask Web Site users who are under
40 to provide their birth date so that they may be added to the City Club
database for our weekly newsletter mailing and also for our directory.
Credit Card Information: Web Site visitors who wish to purchase items on the Web Site will be asked to submit credit card information. When you submit credit card information to us, we encrypt it using SSL (Secure Socket Layer), the industry standard encryption software. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the City Club cannot ensure or warrant the securing of any information you transmit to us, and you do so at your own risk. The City Club will not be liable for disclosures of your personal information due to errors in transmission or unauthorized acts of third parties.
3.
CHOICE/OPT-IN:
Web Site visitors may Opt-In to receive e-mail updates about the City Club and
upcoming events. Web Site users may Opt-Out from receiving communications at
anytime.
4. MODIFICATIONS:
The City Club may discontinue, add to, modify, upgrade, or replace all aspects
of the Web Site in our sole discretion and without notice. In particular, we
reserve the right in our sole discretion to modify, supplement, delete,
discontinue, or remove any software, file, publications, information,
communication, or other content appearing on or transmitted through the Web
Site.
5. MONITORING:
The City Club has no obligation to monitor the services offered on this Web
Site or any use thereof or to retain the content of any user session. However,
we reserve the right at all times to monitor, review, retain, and/or disclose
any information as necessary to satisfy any applicable law, regulation, legal
process, or governmental request or to cooperate with law enforcement and other
authorities in investigating a claim of illegal activity. We may use IP
addresses to identify a user when we feel it is necessary to enforce compliance
with our Terms of Service or to protect our service, Web Site, members,
customers, or others.
6. SPONSOR AND THIRD PARTY
CONTENT:
Your use of any content provided on the Web Site is governed solely by the
owners' intellectual property standards and policies. We do not grant to you,
nor is use of this Web Site to be construed as a grant of, a license or right
to use any content on this Web Site. Please direct all inquiries concerning the
use of such content to the applicable owner(s) of such content.
7. DISCLAIMERS:
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER THE CITY CLUB NOR ITS
MEMBERS, SPONSORS, EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT
PROVIDERS, OR SUPPLIERS WARRANTS THAT THE WEB SITE WILL BE UNINTERRUPTED OR
ERROR-FREE; NOR DOES THE CITY CLUB MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY,
COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE MERCHANDISE OR PRODUCTS
PROVIDED THROUGH THE WEB SITE.
ALL SERVICES, PRODUCTS, MERCHANDISE AND MATERIALS OBTAINED THROUGH THE WEB SITE INCLUDING ALL TEXT, FILES, GRAPHICS, LINKS, ANIMATION AND JAVA SCRIPT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND ALL CAUSES OF ACTION FOR THE SAME, WHETHER BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CITY
CLUB, ITS MEMBERS, SPONSORS OR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS,
CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF DATA, OR ANY OTHER PECUNIARY LOSS), WHETHER IN AN ACTION IN WARRANTY,
CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR
PERFORMANCE OF THIS WEB SITE; (ii) THE DELAY OR INABILITY TO USE THIS WEB SITE;
(iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION,
SERVICES, AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB
SITE; (iv) THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES; AND/OR (v) DAMAGES
CAUSED BY THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. INTELLECTUAL PROPERTY:
Copyrights: The Web Site and all of the content included
thereon, including, but not limited to, any text, graphics, logos, button
icons, images, pictures, audio/video clips, and software, is the property of
the City Club, our members, sponsors, partners and/or content providers and is
protected by United States copyright laws. The Web Site is copyrighted as a
collective work under the United States copyright laws. Any use of this
content, including modification, transmission, presentation, distribution, or
republication, is prohibited without the prior written consent of the City
Club.
Trademarks: All trademarks, trade names, brand names, and service marks of the City Club, whether registered or unregistered, are the property of the City Club and are protected by United States trademark laws. Any use of these assets is prohibited without the prior written consent of the City Club. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
10. LINKS TO OTHER WEB
SITES:
This Web Site contains links to third party web sites ("Third Party
Sites"). We do not, either expressly or by implication, endorse the
content on Third Party Sites. The links are provided for your convenience only.
We have no control over and do not review the content on Third Party Sites;
therefore, we are not responsible or liable for any content, advertising,
products, or other materials on Third Party Sites. You further acknowledge and
agree that the City Club is not responsible or liable, either directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods, or services
available on or through any Third Party Site.
11. GENERAL LEGAL
PROVISIONS:
Termination: The City Club may terminate these Terms of
Service without cause at any time and effective immediately. In addition, the
City Club, in its sole discretion may terminate these Terms of Service
immediately and without notice for violation of any part of these Terms of
Service. You may also terminate these Terms of Service by simply discontinuing
use of the Web Site. In the event of any termination of these Terms of Service,
the restrictions on your use of the content of the Web Site as set forth in
Paragraph 9 (Intellectual Property) survive such termination, and you agree to
be bound by those terms.
Indemnity: You agree to defend, indemnify, and hold harmless the City Club, its officers, directors, employees, agents, licensors, suppliers, affiliates, and licensees from and against any claims, actions, or demands, liabilities, damages, and settlements (including without limitation, reasonable legal and accounting fees and litigation expenses) resulting from, or alleged to result from, your violation of these Terms of Service or relating to or arising from your use of the Web Site, and any content, products or services obtained on or through the Web Site.
Choice of Law and Forum: These Terms of Service are governed by the internal substantive laws of the State of Ohio, U.S.A. without respect to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with the City Club, its members, sponsors, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers resides in the courts of the State of Ohio, U.S.A., and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Ohio, U.S.A.
International Laws: The City Club makes no claims that the information, products, customization, materials, services, and advice provided on this Web Site are appropriate or may be downloaded outside of the United States. Access to the information, products, customization, materials, services, and advice may not be legal by certain persons or in certain countries. If you access this Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act - and not to transfer, by electronic transmission or otherwise, any content derived from the Web Site to either a foreign national or a foreign destination in violation of such laws.
Thank you for your cooperation. We hope you find this Web Site helpful and convenient to use! Questions or comments regarding this Web Site should be directed by e-mail to info@cityclub.com, or by telephone to (216) 621-0082, or by U.S. mail to The City Club, The City Club Building, 850 Euclid Avenue, 2nd Floor, Cleveland, Ohio 44114.
Copyright © 2003. The City Club of Cleveland. All Rights Reserved.