Acceptance of Terms

The terms of use set forth below (the "Terms of Use") constitute a legal agreement between you, the user, and Bush Foundation, as the provider of the InCommons service ("InCommons" or “we”). 

The Terms of Use governs your access to and use of the InCommons website and all other websites owned or controlled by InCommons (collectively, the “Site”) and all services offered thereon (such access, use and services, collectively, the "Service"). In addition, when using particular portions of the Service, you shall be subject to guidelines, rules and additional terms provided by InCommons in connection with such portions of the Service, and all such guidelines, rules and terms are hereby incorporated by reference into the Terms of Use. PLEASE READ THE TERMS OF USE CAREFULLY. YOUR ACCESS TO OR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF ALL THE PROVISIONS OF THE TERMS OF USE. IF YOU ARE UNWILLING TO BE BOUND BY THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE.

InCommons may modify the Terms of Use from time to time. Any modifications shall be effective upon the earlier of the posting of the modified Terms of Use via the Service or upon e-mail notification of the changes to you. It is your responsibility to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by InCommons, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to the Terms of Use.

Order Form and Account Registrations

In consideration of your use of the Service, you agree to: (a) provide accurate and complete information about yourself (and others, as applicable) as requested in any account registration form, nomination form, competition entry and/or other similar forms (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate and complete. If InCommons suspects that your Registration Data is inaccurate or incomplete, InCommons may suspend or terminate your account.

Usernames and Passwords

You will receive a username and password upon completing the Service's account registration process. You will choose your username, based on some parameters, and a password will be provided to you, which you can then change. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your username and password. Any username and password for your access to the Service shall be for your personal use only. You agree to (a) immediately notify InCommons of any unauthorized use of your username or password and (b) ensure that you exit from your account at the end of each session.

Privacy

Registration Data and certain other personally identifiable information we collect from you in connection with the Service ("Personal Information") is subject to our Privacy Policy, which can be found at the following link: http://www.InCommons.org/privacy and is hereby incorporated into the Terms of Use by reference. Please read the Privacy Policy before using the Service. Your access to or use of the Service constitutes your acceptance of all the terms of the Privacy Policy, including the transfer of Personal Information to the United States and other countries for storage, processing and use by InCommons, and its partners, affiliates, consultants, suppliers and providers.

Use of the Service

You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials available via the Service ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means you are entirely responsible for all Content that you make available via the Service. InCommons does not control the Content posted by third parties via the Service, and does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will InCommons be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Service.

In addition, you represent and warrant that you will not use the Service to do any of the following:

1. upload, post, transmit or otherwise make available:
   1. any Content that infringes, misappropriates or otherwise violates any patent, trademark, trade secret, copyright or other contractual or proprietary right of any party;
   2. any Content that is unlawful, threatening, abusive, harmful to minors (including any form of child pornography or indecent depictions of children), harassing, intimidating, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
   3. any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, any private information of any third party, Content you did not create or Content that you did not have permission to post);
   4. any unsolicited communications or advertising not authorized by InCommons, promotional materials or any other form of solicitation for any type of information; or
   5. any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   6. any Content that implies an endorsement of any candidate for political office or a view on any specific legislation by InCommons or any of its affiliates;
2. obtain any information or Content from the Service using any robot, spider, scraper or other automated means for any purpose;
3. take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
4. intentionally or unintentionally violate any applicable local, state, national or international law;
5. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or
6. collect or store personal data, including email addresses or data about other users in connection with the prohibited activities described in this paragraph.

You agree that InCommons may or may not pre-screen Content, but that InCommons has the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove or move any Content that is available via the Service. Without limiting the foregoing, InCommons shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable, in each case as determined by InCommons in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity and accuracy of such Content.

By posting Content to the Service, you authorize and direct InCommons to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site. 

The Service and the Content may include security components that permit digital materials to be protected and you agree that use of these materials is subject to usage rules set by InCommons or the providers of the Content. You shall not attempt to override or circumvent any of the usage rules embedded in such security components.

The Service may contain, or third parties may provide via the Service, links to third party websites or resources. InCommons has no control over such sites and resources, and you agree that InCommons is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.

InCommons may modify, discontinue or suspend any portion of the Service, temporarily or permanently at any time. InCommons shall not be liable to you or to any third party for any modification, discontinuance or suspension of the Service.

The Service is provided as a public forum for the exchange of ideas and discussion of important issues facing our community, and any views expressed are those of the individual expressing them and not of InCommons or any of its affiliates. InCommons does not endorse or support candidates for public office or otherwise intervene in campaigns of candidates for public office, nor does it engage in lobbying activities including encouraging members of the public to take action with respect to specific legislation or ballot measures.

Indemnity

You agree to defend, indemnify and hold harmless InCommons, its officers, directors, employees and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs, debt and expenses (including attorney's fees) arising from: (a) your use of or access to the Service, including any Content you store, reproduce, display, distribute or otherwise make available via the Service; (b) your violation of any term of the Terms of Use and related policies; (c) your violation of any third party right, including any copyright, property, or privacy right; or (d) any claim that Content you submitted caused damage to a third party. The foregoing defense and indemnification obligation will survive the Terms of Use and your use of the Service. InCommons shall provide notice to you of any such claim, action or demand and may, in InCommons sole discretion, assist you, at your expense, in the defense or settlement of such claim, action or demand.

Content License

By submitting Content via the Service, you grant to InCommons a nonexclusive, perpetual, irrevocable, fully-paid-up, royalty-free license to use, translate, reproduce, modify, publish, publicly distribute, import, publicly display, publicly perform, digitally perform, create derivative works of and otherwise exploit such Content (including any copyrights, trademarks or other intellectual property contained therein), and the right to sublicense the foregoing rights (through multiple tiers) to third parties.

Ownership of the Service

Except for the Content submitted by users, the Service, including all Content and photographs displayed on the Service and all underlying software or technology used in connection with the Service, and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by InCommons or its licensors. You acknowledge that the Service, the Content and photos displayed on the Service and any underlying technology or software used in connection with the Service contain InCommons’ proprietary information. You may not commercially exploit any part of the Service, including photographs, except as expressly permitted by InCommons. “InCommons,” and “Bush Foundation” are trademarks of InCommons or its affiliates. All rights in the Service not expressly granted by InCommons to you are retained by InCommons.

Notice for Claims of Copyright Violations and Agent for Notice

If you are a copyright owner and have a good faith belief that any Content available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to InCommons pursuant to the Digital Millennium Copyright Act by providing InCommons with the following information in writing:

1. an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
4. Your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). InCommons’ Agent for Notice of claims of copyright infringement can be reached as follows:

• By mail: Gregory H. Keane, Chief Financial Officer, 332 Minnesota Street, Suite E-900, St. Paul, Minnesota 55101
• By electronic mail: info@incommons.org, attention Gregory H. Keane, Chief Financial Officer

Termination

You acknowledge that InCommons has the right, but not the obligation, to suspend or terminate your access to all or part of the Service and remove any Content you submit to the Service without prior notice (a) at the request of law enforcement or other government agencies, (b) if the Service is discontinued or materially modified, (c) upon the occurrence of any technical or security issues or problems, (d) if you engage in any conduct that InCommons believes in its sole discretion violates any provision of the Terms of Use or other incorporated agreements or guidelines or violates the rights of InCommons or third parties, or (e) upon any breach by you of the Terms of Use. In addition, InCommons may terminate individual user accounts due to inactivity. You agree that upon termination InCommons may delete all Content and all information related to your account.

Content and Warranty Disclaimer

THE SERVICE IS PROVIDED BY INCOMMONS AND ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS AND PROVIDERS "AS IS," AND YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER INCOMMONS NOR ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS OR PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE OPERATION OF THE SERVICE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICE. IN ADDITION, INCOMMONS AND ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS AND PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INCOMMONS DOES NOT WARRANT OR COVENANT THAT THE SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. INCOMMONS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES OR INACCURACIES OR OMISSIONS IN ANY CONTENT, (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO THE SERVICE, (E) ANY BUGS, VIRUSES, ERRORS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INCOMMONS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

InCommons makes no representations that the Service is appropriate or available for use in locations other than the United States of America, from where it is controlled and offered by InCommons. Those who access or use the Site from other jurisdictions are responsible for compliance with local law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INCOMMONS, ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS OR PROVIDERS  BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF INCOMMONS TO YOU ARISING FROM OR RELATING TO THE SERVICE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. INCOMMONS AND ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS OR PROVIDERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INCOMMONS IS NOT RESPONSIBLE FOR THOSE COSTS. Applicable law may not allow the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.

Compliance with Anti-Money Laundering Laws

InCommons will not make any grant if it finds that to do so would be unlawful. This may prohibit awards in certain countries and/or to certain individuals or entities. All recipients will comply with anti-money laundering laws to the extent they are applicable to such recipients. No recipient will take any action that would cause InCommons to violate any laws.

Ability to Accept Terms of Use

In order to view the Site, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then you are not authorized to use or view the Site.

Arbitration

Unless otherwise agreed by you and InCommons in writing, you and InCommons shall resolve all disputes arising from or related to the Service, the Privacy Policy and the Terms of Use through binding arbitration administered by the American Arbitration Association or the Judicial Arbitration and Mediation Services (as determined by InCommons) in accordance with their applicable rules. Any arbitral award may be submitted to, and you and InCommons hereby consent to the jurisdiction of, the state and federal courts in the State of Minnesota. Any claims that for any reason are not submitted to arbitration as specified above shall be submitted to the state and federal courts in the State of Minnesota, and you and InCommons agree to the exclusive jurisdiction of such courts with respect to such claims. Notwithstanding the foregoing, nothing in this paragraph prohibits you or InCommons from seeking equitable or injunctive relief in any court of competent jurisdiction at any time and no disputes arising from or related to InCommons’ intellectual property rights in the Service (as described in the section titled "Ownership of the Service") shall be subject to the arbitration procedures described above unless otherwise agreed by InCommons in writing.

User Disputes

You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Notwithstanding the foregoing, InCommons’ shall not be liable for any claims, damages or other losses arising out of any disputes between users.

General

The Terms of Use will be governed by and construed in accordance with the laws of the State of Minnesota as applied to contracts entered into by residents thereof and performed entirely in the State of Minnesota. If any provision or portion thereof of the Terms of Use is found to be contrary to law, the interpretation of such provision or portion thereof shall be modified solely as necessary to comply with law and such provision will be construed, as nearly as possible while complying with law, to reflect the provision as drafted, and all other provisions shall remain in full force and effect. The terms “includes,” “include,” "including" means "including without limitation" as used herein. InCommons’ failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by InCommons’ in writing. These terms and conditions constitute the entire agreement between you and InCommons with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign the Terms of Use to any other party and any attempt to do so is void. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one year after such claim or cause of action arose or will be forever barred. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by InCommons without restriction.

Violations

Please report any violations of the Terms of Use to Customer Service at info@InCommons.org.