CIVICPOINTS.com and CivicPoints Mobile App Terms and Conditions

This is a legal agreement ("Agreement") between you ("You" or "the User") together with IdleMind Technologies, LLC (“Company" or "Us"). BY CHECKING THE BOX ON THE SIGN-UP PAGE, OR BY REGISTERING WITH THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement, do not access the Services (as defined below).

In addition to the terms and conditions on this page, we have also incorporated a Privacy Policy to this Agreement. Our Privacy Policy lists general information practices. Our Privacy Policy can be found by clicking here.

The Services

CivicPoints is a civic engagement platform that rewards citizens for staying informed, reporting issues, joining events, and completing surveys through Our web-based software located at CivicPoints.com (“Site”) and software that may be downloaded to your smartphone or tablet (“CivicPoints Mobile App”).  The term “Services” means the Site and Mobile App. These Terms of Service (“Terms”) govern your access to and use of the Services. The Services are made available to residents of towns, cities, counties, states, and/or other governmental entities (“Community Organization”) who have contracted with the Company to make the Services available to its residents.

The Services are offered to you, the user, conditioned upon your acceptance without modification of this Agreement. You acknowledge that, from time to time, it may be necessary for CivicPoints to update or revise certain provisions of the Agreement. By joining CivicPoints.com and/or the CivicPoints Mobile App and accepting this Agreement, you agree that CivicPoints may change the terms of the Agreement in its  sole discretion without specific notice to you. If you do not agree to the changes proposed by CivicPoints or to any terms in this Agreement, your sole and exclusive remedy is to cancel your CivicPoints.com account and your CivicPoints Mobile App account ("Your Account").

General Use of the Services

You shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, databases or other lists, products or services provided through or obtained from the Services. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining information. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Except with the written permission of CivicPoints, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Services. If you attempt to access prohibited areas of the Services, you may be subject to civil or criminal charges, and your account may be terminated.

Your use of the Services shall be subject to any and all terms of service promulgated by any third party whose services are incorporated into the Services, which may include but not be limited to Tangocard (for administration of “rewards” relating to your usage of the Services), OpenStreets (for mapping), Twilio (for messaging services), Loops.io (for email notifications and verifications), Microsoft Azure Blob Storage (for image and attachment storage), Google (for sign-ins), Apple (for sign-ins), and Firebase (for notifications and session tracking).  Their respective terms of service are, to the extent applicable to your usage of the Services, incorporated by reference.  

General User Registration

In order for you to participate in the Services, CivicPoints will require you to provide specific information about you and/or your organization or business (if applicable). The information required to create an account includes but is not necessarily limited to Your first and last name, email address, and residential address. This information may be shared with the Community Organization to verify your eligibility to participate in earning CivicPoints through the Services. Your Community Organization(s) can upload, notify, and communicate with you about engagement activities related to you and your community through the application and may receive information and reporting from CivicPoints regarding your usage of the Services, including your participation in any certain community event(s).

You shall be responsible for maintaining the confidentiality of your account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. You shall be responsible for all actions by such users and shall indemnify, defend, and hold harmless CivicPoints for such actions. Any information supplied by you upon registering for the Services and any other information about you and/or your business (if applicable) (collectively, "User Data") is subject to CivicPoints Privacy Policy. 

By using the Services, you grant CivicPoints a worldwide, non-exclusive, nonrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, transform and translate any content or information submitted, transferred, or uploaded to the Services in any and all media or distribution methods now known or later developed. This license authorizes CivicPoints to make such content available throughout the world and to let others do the same. You agree that this license includes the right for CivicPoints to make all such content submitted to the Services available to other companies, organizations or individuals for broadcast, distribution, promotion or publication on other media and services without any compensation to you, and you hereby agree the use of the Services by you is full compensation for the content and your grant of rights herein.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. CIVICPOINTS PROVIDES THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. (B) CIVICPOINTS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE 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.

LIMITATION OF LIABILITY

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CIVICPOINTS, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CIVICPOINTS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

CivicPoints Proprietary Rights/Software Licenses

You acknowledge and hereby agree that the Services and any software used in connection with the Services (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws. CivicPoints provides you with a non-exclusive, non-transferable, revocable, limited license to use the Software, which you agree to use in accordance with this Agreement. You may not sub-license or charge others to use or access the Software without first obtaining written permission  from CivicPoints. The Software is owned by CivicPoints and/or its developers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization, and source code are considered trade secrets of CivicPoints and its developers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

Indemnification

You agree to indemnify, defend, and hold CivicPoints and its developers, affiliates, partners, subsidiaries and  employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses,  liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an  Indemnified Party arising out of or related to (i) your breach of this Agreement; (ii) any information (including  but not limited to User Data) submitted or otherwise provided by you to CivicPoints and/or its affiliates; (iii)  any dispute or litigation between an Indemnified Party and a third party caused by your actions; and (iv)  your negligence or violation or alleged violations of any rights of another. These obligations will survive ANY TERMINATION of your relationship with CivicPoints or your use of the Services. To the fullest extent PERMITTED BY law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty OR CONTRACT of CivicPoints and/or its developers, affiliates, partners, subsidiaries, and employees.

Copyright and Trademark Notices

The CivicPoints.com website and/or the CivicPoints Mobile App, including all images, text, and other attributes, are subject to copyright and/or other intellectual property rights or licenses owned by CivicPoints.  All product and proprietary feature names, trademarks, service marks, logos and trade names ("Marks”) are the property of CivicPoints. You are prohibited from using any of the Marks for any purpose (including, but not limited to, use as metatags on other pages or sites on the World Wide Web) without the express prior written permission of CivicPoints. All of the information and content available on or through the Site ("Content") is protected by copyright. Content received through the CivicPoints.com website and the CivicPoints Mobile App may be displayed, reformatted, and printed for your personal, non-commercial use only. In the event that you download any information or software from the CivicPoints.com website and/or the CivicPoints Mobile App, you expressly agree not to copy, reproduce, retransmit, distribute, post on any network, disseminate, sell, publish, broadcast in any media or otherwise circulate such material without the express prior written consent of CivicPoints. You further agree not to remove or obscure any copyright, other notices or legends contained in any such information. No right, title or interest is transferred to you in any downloaded materials. CivicPoints reserves all right, title and interest in any Content you download  from the CivicPoints.com website and/or the CivicPoints Mobile App. You agree that you will not use any device, software or means to interfere or attempt to interfere with the proper working of the CivicPoints.com website and/or the CivicPoints Mobile App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You further agree that you will not  redeliver any of the pages, text, images or other content of the CivicPoints.com website and/or the  CivicPoints Mobile App using linking or framing technology without CivicPoints written permission, and that  you will not modify or use pages, text, images, or other content from the CivicPoints.com website and/or  the CivicPoints Mobile App for any other purpose other than as specifically permitted above or otherwise  approved by CivicPoints in writing. CivicPoints actively and aggressively protects and enforces its  intellectual property rights to the fullest extent of the law, including recovery of all available damages, attorney’s fees and costs.

Modification of the Services

CivicPoints reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Services, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Services, with or without notice. You agree that CivicPoints shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You further agree that CivicPoints shall have the right to remove any element from the Services, with or without notice to you, at any time at CivicPoints sole discretion, if CivicPoints discontinues offering the element for any reason. If you do not agree to any such modifications, your sole and exclusive remedy is to cancel your Account.

Termination/Cancellation of User Account

Either you or CivicPoints may terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with CivicPoints. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this  Agreement or CivicPoints enforcement or application of any such term; (2) any policy or practice of  CivicPoints, including CivicPoints Privacy Policy and Copyright Policy, or CivicPoints enforcement or  application of these policies; (3) the content available through the Services or any change in content  provided through the Services; (4) your to access or use the Services; or (5) the amount or type of fees,  surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or  billing methods, if any. All other provisions of this Agreement, which may reasonably be construed as surviving such termination, will survive the termination of this Agreement. You further agree that  CivicPoints, in its sole discretion, may terminate the Services, your Account or your use of the Services for  any reason, including, without limitation, (i) if you breach this Agreement, (ii) if CivicPoints is unable to verify  or authenticate any information that you provide to CivicPoints, (iii) if CivicPoints believes that you have  violated or acted inconsistently with the spirit of this Agreement, or (iv) for lack of use if you have registered  for a Free Trial. CivicPoints may also terminate the Services and/or your Account if CivicPoints determines, in CivicPoints sole discretion, to discontinue offering the Services. If CivicPoints terminates your Account pursuant to (i), (ii) or (iii) above, you will forfeit all credits, pre-paid fees, and any other amounts accruing to you, if any, and CivicPoints shall not be required to refund, redeem, or pay amounts to you upon such termination. Upon termination of your Account for any reason, CivicPoints reserves the right to (a) delete any User Content or other information in connection with your account; (b) prohibit your access to your Account, including without limitation by deactivating your password; and (c) refuse you future access to the Services. In no event shall CivicPoints be required to refund, redeem, or pay amounts to you upon termination of the Services.

Notice

Statements, notices and other communications to you may be made by mail, email, postings within your account or other reasonable means. CivicPoints may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the CivicPoints.com website or the CivicPoints Mobile App. You should refer to the Contact Us page of the CivicPoints.com website for information on how to contact and/or provide notice to CivicPoints.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. CivicPoints’ failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of CivicPoints, and any such attempted assignment shall be void. CivicPoints shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of you, the user. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between CivicPoints and you, the user with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures. In the event of any conflict of any provisions of these Terms (including any document, agreement, or terms referenced herein) and any applicable law or regulation, the provisions of the applicable law shall control and shall be read into these Terms (or other document, agreement, or terms).

Independent Review

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IRE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.