Civiqa Terms of Service

Preamble

Civiqa provides government graphing and civic engagement services for people concerned about governance, civics, and politics in the United States of America.

Please read on to understand the details of our Terms of Service.

Terms of Service

These Terms of Service (“Terms”) describe the terms and conditions on which Civiqa Inc. (“Civiqa”) offers you access to https://civiqa.com/ or any related website, mobile applications (including mobile applications owned and operated by Civiqa, the “Apps”), or any service in or to which these Terms are linked or referenced (collectively, the “Service”).  By accepting electronically (for example, by clicking “I Agree”), downloading, installing, accessing or using the Service, regardless of whether you do so with or without a registered Account, you are agreeing that these Terms govern your access and use and you are agreeing to be bound by these Terms, including our Privacy Policy, and that they form a legally binding contract with Civiqa Inc., a Delaware corporation.  Do not access or use the Service if you are unwilling or unable to be bound by these Terms.

  1. Definitions.  Here are some additional defined terms.

  1. “You” and “your” refer to you, as a user of the Service, regardless of whether the defined term is capitalized in these Terms.  A “user” is someone who in any way whatsoever accesses or uses the Service.  “We”, “us”, and “our” refer to Civiqa and its controlled affiliates, if any (regardless of whether the defined term is capitalized in these Terms).  

  2. “Content” means text, images, photos, audio, video, and all other forms of data or communication.  “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as posts, videos, photos, recordings, individual ratings, survey responses, votes, and following activity, direct messages to private users, and information that you contribute to your user profile, but Your Content does not include information you submit or transmit to, through, or in connection with the Service that is reasonably intended by your access or use to be delivered to or shared with any public official or government entity.   “User Content” means Content that users submit or transmit to, through, or in connection with the Service.  “Civiqa Content” means Content that we create and make available in connection with the Service.  “Third Party Content” means Content that originates from parties other than us or users, which is made available in connection with the Service.  “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Civiqa Content, and Third Party Content.  

  3. “Consumer Site” means our consumer website (www.civiqa.com and related domains) and mobile applications.  “Consumer Account” means the account you create to access or use the Consumer Site.  “Enterprise Account” means the account you create to access or use the Civiqa CRM website (crm.civiqa.com and related domains) and mobile applications.  “Account” means any Consumer Account or Enterprise Account.  

  1. Agreement to be Bound.  You acknowledge and represent to us that you have read and understood, and that you agree to be bound by these Terms, including our Privacy Policy, and that the information you provide in registering for the Service is true, correct, and complete, and is yours or within your right to use.  

  2. User Acknowledgements.  We may modify these Terms from time to time.  The most current version of these Terms will be located here [create this page @ https://legal.civiqa.com/tos/en_us/20221130].  You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service.  If we make material changes to these Terms, we will attempt to notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes.  We will also indicate at the bottom of the page the date that such changes were last made.  You are encouraged to revisit these Terms on a regular basis as revised versions will be binding on you.  Any new features that modify, augment or deaugment the Service, including the release of any new tools and resources, shall be subject to these Terms.  You understand, acknowledge and agree that your continued access to or use of the Service after the effective date of changes to these Terms represents your acceptance of such changes.  

  3. Translation.  We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Civiqa, and any inconsistencies among the different versions will be resolved in favor of the English version available here [create this page @ https://legal.civiqa.com/tos/en_us/20221130].

  4. Using the Service.  

  1. Eligibility.  To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Civiqa or if we have banned you from the Service or previously closed your Account.  

  2. Permission to Use the Service.  We grant you permission to use the Service subject to these Terms.  Your use of the Service is at your own risk, including the risk that you might unfortunately be exposed to Content that is false, incorrect, incomplete, uncivil, undignified, triggering, offensive, indecent, inaccurate, objectionable, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.  

  3. Service Availability.  You understand and acknowledge that due to circumstances both within and outside of Civiqa’s control, access to the Service and any aspect of the Service may be changed, modified, updated, interrupted, suspended, or discontinued at any time with or without notice and always without liability to Civiqa.  Though we intend to keep the Service accessible, the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance.  There may be interruptions in Service or events on third-party sites that will impact your use of the Service and that are beyond Civiqa’s control to prevent or correct. Interruptions in the Service that are beyond Civiqa’s control shall not serve as a basis to terminate your subscription (if applicable) or demand a full or partial refund of any fees, if any.    

  4. Account Maintenance.  You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service.  You are responsible for maintaining the confidentiality of your Account password.  You are also responsible for all activities that occur in connection with your Account.  

  5. Unauthorized Use Notification.  You agree to notify us immediately of any unauthorized use of your Account.  We reserve the right to close your Account at any time for any or no reason at all.  

  6. Consumer Accounts.  Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. By using the Service, you agree to provide true, correct, and complete information about yourself when creating an Account.  You may not impersonate someone else, provide an email address or phone number other than your own, create multiple Accounts, or transfer your Consumer Account to another person without Civiqa’s prior written approval.  

  7. Communications.  By accessing or using the Service, you consent to receive communications from other users and Civiqa through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls.  These communications may promote Civiqa or Civiqa’s business partners, and may be initiated by Civiqa, Civiqa’s business partners, or other users.  You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls.  You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected.  Please note that any communications, including phone calls, with Civiqa or made through the Service may be monitored and recorded for quality purposes.  You can opt-out of certain communications via your profile.

  1. Content Rights and Responsibilities.

  1. Your Content.  You alone are responsible for Your Content, and once posted to Civiqa, it cannot always be withdrawn and there should be no expectation on your part whatsoever that it can be withdrawn or removed.  You assume all risks associated with Your Content, including anyone’s reliance on its truthfulness, accuracy, quality, civility, or reliability, and any risks associated with personal information you disclose.  You represent to us that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Civiqa.  You may expose yourself to liability if, by way of example and not limitation, Your Content contains material that is false, intentionally misleading, or defamatory; or it violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or it contains material that is unlawful, including illegal speech or pornography; or it exploits or otherwise harms minors; or it violates or advocates the violation of any binding law, rule or regulation; or it violates these Terms.

  2. Use of Content.  We may use Your Content in different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”).  Please note that because of these potential uses of Your Content, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose whatsoever.  Please note also that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media.  For the Service to work, you must, and you hereby irrevocably do waive, and cause to be waived, against Civiqa and its users any claims and assertions of moral rights or attribution with respect to Your Content.  By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

  3. Ownership.  As between you and Civiqa, you own Your Content.  We own the Civiqa Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content.  We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Civiqa Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws.  You may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Civiqa Content in whole or in part except as expressly authorized by us in writing.  Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Civiqa Content are retained by us.

  4. Associative Display.  Civiqa and its licensees may publicly display paid content and other information nearby or in association with Your Content.  You are not entitled to any compensation for such advertisements.  The manner, mode and extent of such paid content display is subject to change without specific notice to you.

  5. Opinions.  User Content, including any that may have been created by users employed or contracted by Civiqa, does not necessarily reflect the opinion of Civiqa.  Except as required by applicable law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content.  We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you.  For example, we may remove a post if we believe it violates our Content Guidelines [create this @  legal.civiqa.com/cg/en_us/20221130 page].  Civiqa does not attempt to verify the veracity, correctness, completeness or legality of any information made available by any government entity or public official, and constituents should inquire about any such information with the government entity or public official directly.

  1. Representations and Warranties.  Please note that we are under no obligation to enforce the Terms on your behalf against another user or against any other person.  Though we encourage you to let us know if you rightfully believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole, absolute discretion.

  1. Every time you access or use any part of the Service, you represent and warrant as follows:

  1. You have read and understood our Content Guidelines; and

  2. You have read and understood our Privacy Policy.    

  3. If you use the Service outside of the United States of America, you consent to having your personal data transferred to and processed in the United States of America.

  1. Every time you access or use any part of the Service, you represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to do any of the following:

  1. Violate our Terms, including the Content Guidelines;

  2. Contribute any false, fake, or unlawfully defamatory information or post, or without the prior written consent of Civiqa, compensate someone or be compensated to contribute, post, refrain from contributing posting, or remove any information;

  3. Harass, threaten, stalk, harm, or unlawfully defame others, or promote unlawful acts;

  4. Use the Service for commercial purposes, except in connection with an Enterprise Account in accordance with any applicable Enterprise Terms;

  5. Send mass messaging, including surveys, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party website;

  6. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly permitted by Civiqa in writing;

  7. Reformat or frame any portion of the Service;

  8. Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by Civiqa in writing;

  9. Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you will provide us with 60 days’ prior written notice here [@ legal.civiqa.com/legalinquiry/20221130];

  10. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Civiqa’s technology infrastructure or otherwise make excessive traffic demands of the Service;

  11. Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;

  12. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;

  13. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content;

  14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service;  

  15. Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, boostware, spyware, malware or other items of a destructive or harmful nature;

  16. Violate any third party’s rights, including any breach of nondisclosure, non-use, confidentiality or confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

  17. Remove or modify any copyright, trademark, rights reservation, or other proprietary rights notice that appears on any portion of the Service or on any materials (whether analog or digital) generated, printed or copied from the Service;

  18. Record, process, or mine information about users;

  19. Solicit personal information from minors;

  20. Submit or transmit any nonpublic personal information of any person;

  21. Submit or transmit pornography; or

  22. Violate any applicable law.

  1. Suggestions and Improvements.  By providing or sending us any ideas, suggestions, documents, proposals, or any other item of enrichment in any form whatsoever (“Feedback”), you acknowledge and agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, acknowledge, or implement the Feedback, or to return to you all or any part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Civiqa and its users any claims and assertions of any moral rights contained in such Feedback.

  2. Infringement and Additional Terms.  

  1. Copyright and Trademark Disputes.  You agree to follow our Infringement Policy [create this page @ legal.civiqa.com/ip/en_us/20221130] in notifying us about copyright and trademark disputes concerning User Content.  You acknowledge and agree that we may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.

  2. Additional Terms.  Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”).  All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.  If you have an Enterprise Account, the separate Enterprise Terms are applicable.

  1. Third Party.  The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”).  We do not control or endorse any Third Party Content or Third Party Service.  You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service.  Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.  Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here.  It is your responsibility to familiarize yourself with any such applicable third party terms.

  2. Indemnity.  You agree to indemnify, defend, and hold harmless Civiqa Inc., its stockholders, parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Civiqa Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs)  arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation or purported violation of the Terms, (iii) your breach or purported breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.  Civiqa reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.  You agree not to settle any such matter without the prior written consent of Civiqa.  Civiqa will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  3. Disclaimers and Limitation of Liability.  WHEN YOU SEE ALL CAPS LIKE THIS, IT MEANS YOU SHOULD PAY ATTENTION TO READ THE PROVISIONS CAREFULLY BECAUSE THEY LIMIT THE LIABILITY OF THE CIVIQA ENTITIES TO YOU.  EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.  NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.  BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.  

YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS, SO PLEASE REVIEW THIS SECTION CAREFULLY.

  1. THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CIVIQA ENTITIES MAY NOT, AND SHALL NOT BE RESPONSIBLE TO MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT.  ACCORDINGLY, YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK.  THE CIVIQA ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT.  ACCORDINGLY, THE CIVIQA ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE OF ANY KIND WHATSOEVER (OR ANY CLAIM THEREFOR) THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, INCORRECT INFORMATION, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF GOVERNMENT INFORMATION (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.

  2. THE CIVIQA ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY OR THE SERVICE’S USERS.  ACCORDINGLY, THE CIVIQA ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE OF ANY KIND WHATSOEVER (OR ANY CLAIM THEREFOR) THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR THIRD PARTY MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ANOTHER USER OR THIRD PARTY.  YOUR USE AND PURCHASE, IF ANY, OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

  3. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

  4. THE CIVIQA ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE CIVIQA ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $9.99.

  5. THE CIVIQA ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CIVIQA ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.  THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND BE APPLICABLE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

  1. Disputes, Arbitration, and Choice of Law.  ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND ANY OF THE CIVIQA ENTITIES (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS.  YOU AND CIVIQA AGREE THAT EACH OF THEM MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  UNLESS BOTH YOU AND CIVIQA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.  YOU AND CIVIQA EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.  THE FOREGOING COVENANTS MAY BE LIMITED IN THEIR APPLICATION TO EXCLUDED CLAIMS.
  1. The term “Excluded Claims” means (i) Claims brought by you or Civiqa that could properly be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual property (such as copyrights and trademarks), violations of any covenants contained in these Terms, or a breach of Section 7 above (Representations and Warranties).  Excluded Claims may be brought in a court of competent jurisdiction.  However, any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator.  If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court and all other Claims remain subject to arbitration.
  2. Excluded Claims and Claims that cannot be arbitrated must be brought in a court of competent jurisdiction.  California law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions.  You or Civiqa may seek relief in any small claims court of competent jurisdiction.  All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Contra Costa County, California and by your access to or use of the Service you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.
  3. Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect.  For more information, visit www.adr.org.  Arbitration may be conducted in person, through the submission of documents, or through videoconference.  The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
  4. In any dispute if the judge, jury, or arbitrator finds the claim or arbitration was frivolous or brought for an improper purpose, Civiqa is entitled to seek an award of attorneys’ fees and expenses in connection therewith.
  1. Termination.
  1. You may at any time close your Account.  In the event you close your Account, discontinue any access to or use of the Service, and provide Civiqa with a notice of termination here [create this page @ legal.civiqa.com/termination/20221130] you may thereby terminate the applicability of these Terms to you so long as you do not access or use the Service thereafter.
  2. We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason at all, and without notice or liability of any kind.  Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
  3. In the event of any termination of these Terms, whether by you or us, Sections 1, 4, 6, and 7 through 15 of these Terms will continue in full force and effect.  
  1. Miscellaneous.
  1. We reserve the right to modify, update, or discontinue the Service at our sole, absolute discretion, at any time, for any or no reason, and without notice or liability.
  2. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  3. The Terms contain the entire agreement between you and us regarding access to and use of the Service, and supersede any prior agreement between you and us on such subject matter.  The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
  4. Any failure on Civiqa’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.  The Terms may not be waived, except pursuant to a writing executed by Civiqa expressly specifying such waiver.
  5. If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
  6. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Civiqa’s prior written consent, although they may be assigned or transferred by us without restriction.  Any attempted assignment by you shall violate these Terms and be null and void.
  7. You agree that no joint venture, partnership, employment, agency, special, or fiduciary relationship exists between you and Civiqa as a result of these Terms or your access to or use of the Service.
  8. The section titles in these Terms are for convenience of reference only and have no legal or contractual effect.

Date last updated: [November __], 2022

Copyright © 2022 Civiqa Inc., a Delaware corporation  

Civiqa and Connie are trademarks of Civiqa Inc.  All rights reserved.