Terms of Use

THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING HEADSUPAMERICA.US AND COLLEGEPROMISE.ORG. PLEASE READ THEM CAREFULLY.

Last updated: September 9, 2016

  1. Acceptance of Terms. Headsupamerica.us and collegepromise.org, including all site-related content and services is provided by Civic nation (“we,” “us”). Your use of the website is subject to your compliance with the terms and conditions set forth in this Terms of Use agreement (“Terms of Use”), which supplement any additional guidelines or other terms posted by in relation to specific site-related services or content.

Please note that we reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to this website. Visitors to headsupamerica.us and collegepromise.org (“you”) can determine whether the Terms of Use has been modified since your last visit by checking the “Last updated” legend posted at the top of the Agreement. By using the website, you agree to be bound by the version of the Terms of Use then in effect. If at any point you no longer agree to the Terms of Use, please discontinue your use of headsupamerica.us and collegepromise.org CIVIC NATION may deny service to you at any time, including in the event you do not adhere to the Terms of Use.

  1. Heads Up America, College Promise and CIVIC NATION; Purpose of CIVIC NATION. Civic Nation is a nonpartisan, tax-exempt organization that uses organizing, engagement and public awareness to address some of our nation’s most pressing challenges. Heads Up America and College Promise are projects of Civic Nation.

As a tax-exempt organization, CIVIC NATION is prohibited from supporting attempts to influence the outcome of any election for public office.

  1. Signing Up for Certain Site Features.. Based on the information you supply, we may contact you via email or SMS text messaging. Any contests, polls or other features requiring you to sign up may be governed by specific rules, which we will post for your review. By signing up for a particular feature, you become subject the rules governing that feature. By signing up with Civic Nation, you agree that you are 18 years of age or older.
  2. Communications from CIVIC NATION. We will communicate with you by email or SMS text messaging. By signing up, and giving us you phone number, you agree to receive text messages from us. You may receive between 1-4 text messages from us a month, but, message frequency will vary based on user needs. Message and data rates may apply. Reply STOP to cancel, HELP for help. By giving us your phone number, you agree to the following Terms & Conditions: http://crmtext.com/subscribers.
  3. CIVIC NATION’s Proprietary Rights and Re-Use Policy. You acknowledge and agree that the information and materials presented on or through headsupamerica.us and collegepromise.org will remain the property of CIVIC NATION and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by CIVIC NATION (including photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this compilation and produced by CIVIC NATION are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by CIVIC NATION.

The trademarks, service marks, logos, and trade names displayed on headsupamerica.us and collegepromise.org (collectively the “Marks”) are the registered and unregistered trademarks of CIVIC NATION, its licensors and suppliers, and others. All Marks on CIVIC NATION not owned by CIVIC NATION are the property of their respective owners. The Marks owned by CIVIC NATION whether registered or unregistered, may not be used in connection with any product or service that is not CIVIC NATION’.

CIVIC NATION Partner logos are provided to CIVIC NATION by the relevant Partners and may not be reused in any manner without explicit authorization from the applicable Partner. TWITTER, TWEET, RETWEET and the Twitter Bird are trademarks of Twitter, Inc. or its affiliates.

General Re-Use Policy

You may copy reprint, publish, reproduce, or otherwise display materials created by CIVIC NATION and made available through CIVIC NATION (collectively, the “CIVIC NATION Works”) on the condition that you attribute those materials to CIVIC NATION or Civic Nation, as applicable, and provide a link to the CIVIC NATION website (www.civicnation.org). Specifically, any article or materials that you reprint or otherwise reproduce must be displayed with its by-line, if applicable.

Limit on Use

Except as expressly permitted above, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any material produced by CIVIC NATION. Without limiting the generality of the foregoing, you may not distribute any material produced by CIVIC NATION over any network, including a local area network, nor sell or offer it for sale.

You may not make any editorial changes to articles or materials without first receiving express permission from CIVIC NATION. This provision does not restrict excerpting portions of content in a manner that does not alter the editorial intent.

If any of these terms are breached, we reserve the right to withdraw your license to republish our material. In this situation, you must take immediate steps to remove our material from all current and past communications.

  1. Information Available on or through headsupamerica.us and collegepromise.org. Much information made available on or through headsupamerica.us and collegepromise.org is provided by third parties or other CIVIC NATION visitors or users (such information, “Third-Party Content”). The inclusion or appearance of Third-Party Content on CIVIC NATION does not indicate any approval or endorsement by CIVIC NATION. CIVIC NATION is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content. CIVIC NATION does not ensure the accuracy of the information and content provided on CIVIC NATION nor is it responsible for the accuracy of such information and hereby disclaims any and all liability that may arise from any content.
  2. Links. The Site provides links to other websites and resources. Because CIVIC NATION has no control over these sites and resources, you acknowledge and agree that CIVIC NATION does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. CIVIC NATION is providing these links to you only as a convenience. CIVIC NATION has the right, but not the obligation to block links from or to CIVIC NATION at any time.
  3. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (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 CIVIC NATION infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. 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 CIVIC NATION should be sent to:

By Mail:

Dara Lindenbaum
Counsel
Sandler Reiff Lamb Rosenstein & Birkenstock
1025 Vermont Ave. N.W. Suite 300
Washington DC 20005

By email: lindenbaum@sandlerreiff.com

  1. Privacy Policy. All information provided by you or collected by us during visits to headsupamerica.us and collegepromise.org (including when you register to become a member or sign up to use certain features) is governed by the Civic Nation, headsupamerica.us and collegepromise.org Privacy Policy, which is hereby incorporated into the Terms of Use by this reference.

Please be aware that if you decide to disclose personally identifiable information on forums open to other site visitors or CIVIC NATION members, this information may become public. CIVIC NATION does not control the acts of other CIVIC NATION visitors or members, so please be cautious when deciding to reveal personal information on CIVIC NATION. If you believe a CIVIC NATION visitor or member is improperly collecting or using information about you or other users, please contact us at info@civicnation.org.

  1. Information collected from third parties. CIVIC NATION may aggregate content from social media from users who use certain hashtags and post the content on CIVIC NATION’s website. CIVIC NATION has the right to remove any aggregated content from its website for any reason. If your content is posted on CIVIC NATION and you would like it removed for any reason, please email info@civicnation.org with the subject “remove content from CIVIC NATION” and a brief description of what content should be removed. If you believe someone else’s content should be removed for any reason, please email info@civicnation.org with the subject “remove content from CIVIC NATION” and a brief description of what content should be removed and why.
  2. Jurisdictional Issues. The Site is controlled and operated by CIVIC NATION from its principal office in the District of Columbia, U.S.A., and is not intended to subject CIVIC NATION to the laws or jurisdiction of any other state, country, or territory. Those who choose to access CIVIC NATION do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations.
  3. Termination. You agree that CIVIC NATION, in its sole discretion, may terminate your use of headsupamerica.us and collegepromise.org or any part thereof, at any time and for any reason, including if CIVIC NATION believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that CIVIC NATION will not be liable to you or any third party for any termination of your access to CIVIC NATION.
  4. Disclaimers. headsupamerica.us and collegepromise.org ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE WEBSITES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CIVIC NATION DISCLAIMS ALL WARRANTIES WITH RESPECT TO CIVIC NATION.

The Site may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use. Additionally, the possibility exists that a third party could make unauthorized alterations to headsupamerica.us and collegepromise.org, Content or Services. Although we attempt to ensure the integrity of CIVIC NATION, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which headsupamerica.us and collegepromise.org’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on headsupamerica.us and collegepromise.org, as well as information sufficient to enable us to contact you.

  1. Limitation of Liability. NEITHER CIVIC NATION, NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE BLOG AND/OR MATERIALS CONTAINED ON THE BLOG, ANY LINKED SITE OR ANY CONTENT OR SERVICE AVAILABLE THROUGH THE BLOG. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE BLOG, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.
  2. Indemnification. You agree to defend, indemnify, and hold harmless CIVIC NATION, and our directors, officers, employees and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise out of or from A) your activities in connection with headsupamerica.us and collegepromise.org; B) any violation of these Terms of Use by you; or C) any allegation that any Submissions or other materials you submit to us or transmit to CIVIC NATION infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party.
  3. Miscellaneous. These Terms of Use is governed by and construed in accordance with the laws of the District of Columbia, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the District of Columbia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to CIVIC NATION or these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. CIVIC NATION may assign its rights and obligations under these Terms of Use. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
  4. Questions. If you have any questions or feedback about these Terms of Use or CIVIC NATION, feel free to contact us at info@civicnation.org or write to: 1747 Pennsylvania Ave., NW, Suite 230, Washington, DC, 20006.

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