COMMUNITY BUILDING STRATEGIES TERMS OF USE

Updated February 5, 2024

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These Terms of Use (“Terms”) govern your access to, and use of, the websites (each, a “Site” or “Website”), mobile applications, the mobile text program, third party messaging platforms, and online services or programs (collectively, the “Services”) operated by or on behalf of Community Building Strategies (“CBS”) and on which these Terms appear. These Terms are a legal and binding agreement between you and CBS. Your use of the Services indicates your acceptance of these terms. Do not use the Services if you do not agree to be bound by these Terms.

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CBS strives to ensure that the information contained on the Services is accurate and reliable. However, CBS and the Services are not infallible, and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to the applicable law, CBS makes no representations about the reliability of the features of the Services, CBS Content (defined below), Submitted Content (defined below), or any other Service feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. CBS is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of CBS, and CBS does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by CBS prior to posting and CBS makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. CBS makes no representations regarding the amount of time that any CBS Content or Submitted Content will be preserved.

 

The Services are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, CBS hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. CBS disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein.

 

In no event shall CBS or any of CBS's Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the Services, even if CBS has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.

 

INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless CBS, its affiliates, its providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Services and/or materials, programs, and features made available therein.

 

COMMUNICATING WITH CBS

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The Services may give you the ability to contact CBS by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters or to register for a particular event. The information that you provide to CBS through the Services is governed by CBS’s Privacy Policy.

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CBS PROPERTY

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The Services contain many valuable trademarks owned and used by CBS throughout the world. These trademarks are used to distinguish CBS’s quality products and services. The text, graphics, and html code contained on this Website and throughout the Services are the exclusive property of CBS (“CBS Content”). CBS Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of CBS.

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USER-SUBMITTED CONTENT

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Certain areas of the Services enable you to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not CBS, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of CBS and CBS is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.

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ONLINE PURCHASES

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To purchase items online, you must provide valid payment card and billing information. Such information will be collected by CBS. Your information will be collected and used in accordance with CBS’s Privacy Policy. When you purchase items through the Services, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Services, you represent and warrant to CBS that you are capable of entering into a contract under the applicable law.

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WEBSITE ACCESS

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CBS hereby grants you permission to use the Services as set forth in these Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without CBS’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with these Terms.

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In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although CBS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CBS or others due to such unauthorized use.

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HYPERLINKS

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The Services may link to sites not maintained by or related to CBS. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with the Services or CBS. CBS has not necessarily reviewed the sites hyperlinked to or from the Services and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. CBS makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from the Services. Furthermore, CBS does not implicitly endorse third-party sites hyperlinked to or from this Website.

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VIOLATION OF THESE TERMS AND REMEDIES

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You agree that CBS may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if CBS determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice and will cause irreparable and unquantifiable harm to CBS. You also agree that monetary damages would be inadequate for such harm and consent to CBS’s obtaining any injunctive or equitable relief that CBS deems necessary or appropriate. These remedies are in addition to any other remedies that CBS may have at law or in equity.

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If CBS takes legal action against you as a result of your violation of these Terms, CBS shall be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to CBS. You agree that CBS shall not be liable to you or to any third party for termination of your access to the Services, mobile app, programs, and/or services as a result of any violation of these Terms.

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GOVERNING LAW AND JURISDICTION

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These Terms are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or CBS in connection with your use of the Services or your Submitted Content, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to the conflict of laws rules thereof.

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DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER

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You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of these Terms will be resolved in accordance with the provisions set forth in this Dispute Resolution section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.

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You agree that if ever and whenever you have a disagreement with CBS arising out of, connected to, or in any way related to these Terms, you shall send a written notice to CBS (hereinafter the “Demand”). You agree that the requirements of this Dispute Resolution section shall apply even to disagreements that may have arisen before you accepted these Terms. You shall send the Demand to the following address (the “Notice Address”): Legal Department, CBS, PO Box 1170, Youngstown OH 44105. You agree that you shall not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after CBS's receipt of the Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 20 business days after CBS’s receipt of said Demand, and you proceed with legal action, you agree that you shall file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and CBS to litigate claims in court and you and CBS each agree to waive your respective rights to a jury trial or a state or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow and interpret these Terms as a court of competent jurisdiction would follow and interpret these Terms. You agree that you shall not file any lawsuit against CBS in any state or federal court. You agree that if you do sue in state or federal court, and CBS brings a successful motion to compel arbitration, you shall pay all fees and costs incurred by CBS in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must affect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator shall have sole and exclusive jurisdiction over any dispute you have with CBS. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.

 

You agree that you shall not file a class action or collective action against CBS, and that you shall not participate in a class action or collective action against CBS. You agree that you shall not join your claims to those of any other person. Notwithstanding any other provision in these Terms, if this class action waiver is invalidated by a court of competent jurisdiction, the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you or CBS agree to class or collective procedures in arbitration or the joinder of claims in arbitration. CBS agrees that we shall submit all disputes with you to arbitration before the Arbitrator.

 

MISCELLANEOUS

 

These Terms constitute the entire agreement between you and CBS and govern your use of the Services and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and CBS with respect to the Services. Both you and CBS acknowledge and agree that no partnership is formed and neither you nor CBS has the power or the authority to obligate or bind the other.

 

The failure of CBS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court shall give effect to the parties’ original intentions as reflected in the provision, and all other provisions of this Terms shall remain in full force and effect.

 

The failure of CBS to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of CBS shall not be deemed a breach of this agreement. If CBS fails to act with respect to your breach or anyone else’s breach on any occasion, CBS is not waiving its right to act with respect to future or similar breaches.

 

The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.

 

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

BINDING AGREEMENT

 

These Terms constitute a binding agreement between you and CBS and are accepted by you upon your use of the Services. This agreement constitutes the entire agreement between you and CBS regarding the use of the Services and the features therein and supersedes and replaces any prior agreements between you and CBS regarding the use of the Services. By using the Services, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.