We reserve the right at any time, with or without cause, to:
Change the terms and conditions of this Agreement; change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website; or deny or terminate your use of and/or access to the Website.
We believe social entrepreneurship is the source of America’s next economic revolution, a mandate for doing well by doing good. This is the heart of our purpose and the soul of our work. We conduct business in the following four arenas – strategic research and data analysis, public policy, campaigns, and social innovation. Additionally, we believe in the power of performance, art and events. Each is designed to serve a specific purpose in revitalizing the economic landscape of Los Angeles and enhancing the lives of working people.
The Website is designed, and all uses of the Website are intended, to be in furtherance of our Mission.
Permitted Use of Services and Information
The services made available on, by or through the Website, which include or may include, without limitation, subscriptions to the Committee videos and press releases, involvement in the Committee events, message boards, blogs, public forums, social networking media/sites and on-line contributions (collectively, the “Services”), as well as any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the “Information”), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale. Without the explicit written consent of the Committee, no Information or any other the Committee materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.
The Committee will allow you to view and print a reasonable number of copies of information, documents and web pages located on the Website for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (i) you must retain all trademark, copyright, and other proprietary notices contained in the original materials, (ii) you must provide attribution to the Committee, and if possible provide a reference to the Website, (iii) the material must be printed in its entirety without modification, reformatting or adaptation of any kind, (iv) any such copies are subject to the terms and conditions of this Agreement and remain the property of the Committee, and (v) you agree to advise any person to whom you share the materials of this Agreement and they must agree to abide by this Agreement. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise the Committee promptly of any such unauthorized use(s) of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of the Committee or others.
As part of your use of the Website, you may participate in certain message boards, blogs or other public forums. Your participation is voluntary; however, by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any messages, text, photos, information, suggestions, feedback or content provided by you may be viewed by the general public and will not be treated as private, proprietary or confidential, and you authorize us and our affiliates and licensees, without compensation to you or others, to copy, adapt, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of our operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted or provided by you. By posting or providing such content on the Website, you represent to the Committee that you own or have the right to use and permit us to use such content in the manner stated above. By way of example and not limitation, if you post or otherwise provide a picture of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image and you must be the owner or licensee of the copyright in the photograph. You agree not to post or provide any content or information that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) your name, voice and likeness in furtherance of our operations throughout the world, and such permission cannot be revoked for any reason.
You further agree that we may use the posted or provided content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any content for any reason, and to edit, refuse to post or remove any content submitted by you or others. We cannot and do not guarantee that we will post all content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any posting for any reason, we have no obligation to delete content that you personally may find objectionable or offensive. We do not control in real time the information posted via the Services and as such do not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in this agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on any message board, blog or other public forum.
Third Party Links
Acceptable Use Policy
You agree not to use the Information, Services or the Website to take any action(s) that:
a. are contrary to the Committee’s public image, goodwill, reputation or otherwise not in furtherance of our Mission;
b. infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. express or imply that any of your statements, activities or causes are endorsed by the Committee, without our prior written consent in each instance;
d. violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
e. are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
f. transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
g. restrict or inhibit any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
h. modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
i. remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
j. sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever;
k. “frame” or “mirror” any part of the Website without our prior written authorization;
l. distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
m. interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of the Committee or its licensors or suppliers;
n. involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
o. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
p. forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
q. execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you; and/or
r. harvest or collect information about Website visitors or members without their express consent.
Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.
The Website is owned and operated by the Committee and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of the Committee and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written consent. The Information, Website, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by the Committee or, if so indicated in writing by the Committee, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of the Committee, the Committee licensors and suppliers, and/or others. Nothing contained in this Agreement or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of the Committee, the Committee licensors or suppliers, or the third party owner of any such Trademark.
Claims of Copyright Infringement
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Committee infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Committee to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to:
Copyright Designated Agent
Working Californians Research Fund
c/o Stephen J. Kaufman
Kaufman Legal Group, APC
777 S. Figueroa St., Ste. 4050
Los Angeles, CA 90017
By email: firstname.lastname@example.org
By phone: (213) 452-6565
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Term & Termination
This Agreement is effective from the date that you first access the Website or submit any information to the Committee, whichever is earlier, and shall remain effective until terminated in accordance with its terms. The Committee may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all the Committee rights of ownership shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate the Committee to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.
THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
There is no warranty, representation or guarantee that the Website, or your use of the Website, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the Website, or any information, software or other material accessible from the Website, is free of viruses or other harmful components. We do not warrant, guarantee, or make any representation regarding the use of, or the results of the use of the Website either in terms of its COMPATABILITY with hardware or other software or equipment, and you assume all responsibility and risk for your use of the Website and/or Services and Information and your reliance thereon.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER THE COMMITTEE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. THE COMMITTEE’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL OUT-OF-POCKET AMOUNT ACTUALLY PAID TO THE COMMITTEE BY YOU FOR USE OF THE WEBSITE, INFORMATION, AND/OR SERVICES.
You agree to fully indemnify, defend, and hold the Committee, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Website or other websites to which the Website is linked; and/or (d) your willful misconduct or gross negligence.
The Website is managed in the State of California, United States of America, and the Information, Website, and Services are solely directed to individuals residing in the United States. The Committee makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website, or any content or functionality of the Website or portion thereof, is illegal is expressly prohibited. If you choose to access the Website from locations other than the United States, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
This Agreement is governed by and interpreted under the laws of the State of California, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, State of California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by the Committee as provided herein or otherwise by written instrument signed by the Committee. This Agreement or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by you except with the Committee’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. The Committee may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contacting Working Californians Research Fund
If you have any questions, comments or complaints about this Agreement or our Website, please contact us:
Working Californians Research Fund.
777 S. Figueroa St., Ste. 4050
Los Angeles, CA 90017
By email: email@example.com
By phone: (213) 387-8274
Effective February 9, 2013
Most of our Websites’ functionality can be used without revealing any personal information, though for some specific features or services personal information may be required. If you do not use these specific features or services on the Website, then the only information we collect will be “Non-Personal Information” (i.e., information that is not traceable back to you and cannot be used to identify you). Non-Personal Information includes information such as the web pages that you have viewed. In order to access certain features and benefits on our Website, you may need to submit “Personally Identifiable Information” (i.e., information that can be traced back to you). Personally Identifiable Information can include information such as your name, street address, occupation, employer, telephone number, and email address. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to the Committee. Inaccurate information may affect your ability to use the Websites, the information you receive when using the Websites, and our ability to contact you. For example, your email address should be kept current because that is one of the primary ways in which we will communicate with you.
What You Consent to by Using Our Websites
What Information We Collect
We gather two types of information about users through the Websites:
1. Non-Personal Information. When users come to our Websites, we may track, collect and aggregate Non-Personal Information indicating, among other things, which pages of our Website were visited, the order in which they were visited, and which hyperlinks were “clicked.” Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Websites. Although such information is not Personally Identifiable Information, we may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity.
You should be able to control how and whether Cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject Cookies in the "Help" section of the toolbar. If you reject our Cookies, certain of the functions and conveniences of this Websites may not work properly, but you do not have to accept our Cookies in order to productively use many functionalities of the Websites.
a. Updates. The Committee may offer you the ability to receive updates, such as video, news and press updates from the Committee either via email or another subscription service such as Facebook or Twitter. In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name, email address and zip code.
b. Contributions. When making contributions on our Websites, you are required to provide us with Personally Identifiable Information such as your name, street address, occupation, employer, telephone number, billing information and email address.
c. Forums. The Committee may offer various public forums on the Websites (collectively, the “Forums”) such as a blog, message board, etc. In order to participate in the Forums, you may be required to register with us and/or provide us with Personally Identifiable Information such as your name and email address.
d. Volunteer with the Committee. In order to volunteer with the Committee on the Website you are required to provide us with Personally Identifiable Information such as your name, email address and city/state of residence.
e. Communications with the Committee. We may receive Personally Identifiable Information when you send us an email message or otherwise contact us.
How We Use the Information
Please take some time to familiarize yourself with the different ways the Committee uses the information that we gather.
1. Non-Personal Information. We use Non-Personal Information in aggregate form to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Website.
a. Updates. We use Personally Identifiable Information collected when you sign-up for our various email or update services to send you the content that you request us to send. We may also archive this information and/or use it for future communications with you.
b. Forums. We use Personally Identifiable Information collected during your use of the Forums to facilitate your use of the Forums. In addition we may publish this information either on the Websites and/or in other publications. We may also archive this information and/or use it for future communications with you and/or your designee(s).
c. Contributions. We use Personally Identifiable Information collected when you make a donation on our Websites to process your donation (either directly or through our providers), and we may also archive this information and/or use it for future communications with you. Additionally, some of the information is publically disclosed pursuant to applicable law.
d. Volunteer with the Committee. We use Personally Identifiable Information collected when you volunteer with the Committee. We may also archive this information and/or use it for future communications with you.
f. Disclosure to the Committee Operations and Maintenance Contractors. Our operations and maintenance contractors sometimes have limited access to your Personally Identifiable Information in the course of providing products or services to us. These contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Website. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.
g. Email List Sharing. We may share your name and email address with our related political committees and other organizations that share a similar purpose to the Committee.
Confidentiality & Security of Personally Identifiable Information
Updating or Deleting Your Personally Identifiable Information
We maintain a procedure in order to help you confirm that your Personally Identifiable Information remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners.
At any time, you may modify your monthly donation details by clicking on the “Change Subscription Info” link and modifying the applicable information. You may also unsubscribe from certain email communications by clicking on the “Unsubscribe” link in those emails. You may also email us at [EMAIL] in order to delete or update your Personally Identifiable Information on our systems. We try to answer every email promptly, but may not always be able to do so. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personally Identifiable Information.
If you have any privacy-related questions or unresolved problems, you may contact the Committee using the information provided below.
Protecting Children’s Privacy
The Committee strongly believes in protecting the privacy of children. In line with this belief, we do not knowingly collect or maintain Personally Identifiable Information on our Websites from persons under 13 years of age, and no part of our Websites is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access this Websites at any time or in any manner. We will take appropriate steps to delete any Personally Identifiable Information of persons less than 13 years of age that has been collected on our Website without verified parental consent upon learning of the existence of such Personally Identifiable Information.
California Privacy Rights
Under California Law, California residents may have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of Personally Identifiable Information and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes and (b) the names and addresses of all such third parties. To make such requests, if entitled, please use the contact information listed below.
Contacting Working Californians Research Fund.
Working Californians Research Fund
777 S. Figueroa St., Ste. 4050
Los Angeles, CA 90017
By email: firstname.lastname@example.org
Revised February 9, 2013