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Heyground April 7, 2023

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Privacy Policy

(Last modified: March 2023)

Introduction

Communitas America (the “Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy (the “Policy”).

This policy describes the types of information we may collect about you or that you may provide when you visit the website https://communitasamerica.org/ (our “Site”), register with, access or use the OfficeRnD mobile application (the “App”) in connection with your use of the Communitas America Building located at 461 West 126th Street, New York, New York (the “Heyground location”), or when you work at or visit us at the Heyground location, and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Policy applies to employees, temporary, agency or contract workers, interns, volunteers, independent consultants, and candidates (collectively, “Personnel”) of members; members; guests; and visitors to the Heyground location; and recipients of our services. It does not apply to personal information the Company collects from its own Personnel or service providers. Please note that when you register with the App, you provide information to OfficeRnD that is subject to OfficeRnD’s own privacy policies. Please note that we are not responsible for rapthe privacy policies or practices of OfficeRnD.
Please read this policy carefully to understand our practices regarding your information and how we will treat it.
This Policy may change from time to time (see the below Changes to Our Privacy Policy section). Your continued use of this Site after any changes are made is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Children Under the Age of 16

Our Site is not intended for children under 16 years of age. No one under the age of 16 should access or provide any personal information to or on the Site. We do not knowingly collect personal information from children under 16 on the Site. If you are under 16, do not use this Site or provide any information on this Site or subscribe to our newsletter on the Site. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@communitasamerica.org.

Personal Information We Collect About You and How We Collect It

Personal information means any information about a natural person from which that person can be identified. We may collect, use, store, and transfer several categories of personal information from and about users of our Site, the App, and from and about members, guests, visitors, and member’s Personnel at the Heyground location. We have grouped that information together as follows:

  • Contact Information, including your name, email addresses, office address and number, home address, account username, password, telephone numbers, and social media account handles. We may also collect contact information for your emergency contacts or next of kin (name, relationship, and home and mobile telephone numbers).
  • Identification Information, including your government-issued identification cards (e.g., driver’s license and passport), racial information, date of birth, and signature.
  • Payment Information, including payment card information, billing address and other information necessary to process a donation or payment. Note that your payment information is collected directly by service providers acting on our behalf for donations and Heyground location-related payments.
  • Device, Internet and Network Activity Information, including information about your use of our IT, communication and other systems, other monitoring information including your browsing history, search history, login information, online and device identifiers, MAC address, and your IP address. We may collect and record page and application interaction information and other electronic communications and content from your use of the Site (such as content entry, mouse movements, screen captures, the date, time, and location of your visit, what areas of the Site you visit and for how long, what search terms or other data you enter, and what products or content or links you view and click on), and methods used to browse away from the page. We may also collect information from your devices if they connect to, or are detected by, the wireless internet networks at the Heyground location (the “Network”). If you connect to the Network, we may collect information about how you use our Network and other services, such as the websites you visit while using our Network.
  • Health and safety information, including health conditions (if relevant to providing you with accommodations at the Heyground location or emergency management). From time to time, we may also require health-related screenings to be completed in connection with your entry to the Heyground location and may ask you to provide information concerning any symptoms of COVID-19 you are experiencing or may have experienced in the past, and whether you have been tested for, and vaccinated against, COVID-19. We may also take your body temperature upon entry. We may also ask you about your “close contacts,” such as whether you recently have been in close contact with an individual who has tested positive for COVID-19 or who has experienced any COVID-19 symptoms, as well as travel-related information, such as locations to which you have traveled within a certain period of time prior to entering the Heyground location.
  • Location Information, including networks data from building access controls at the Heyground location. We may also automatically collect your precise GPS location and IP address when your wireless device connects to, or is detected by, our Network.
  • Images and Video, including photographs and video recordings (including through the use of CCTV cameras and other technologies). For example, when you visit our security desks, we may take a photograph of you for security purposes for admission to the Heyground location. We also maintain security cameras in public areas of the Heyground location for security purposes.
  • Information You Submit, Provide, or Post, including any information you provide to us through our Site, the App, or social media pages. This may include directory information that you list in the App. We also collect any information you provide when you contact us or our third-party service providers concerning your interest in, or experience at, the Heyground location, fill out our surveys, apply for our programs, book certain services and amenities with third party providers, register guests to visit the Heyground location, or answer any health questionnaires.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and other tracking technologies.
  • From third parties, for example, our service providers, including OfficeRnD, and our business partners.
How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Site and its contents to you and allow you to participate in interactive features on the Site.
  • To provide you with information, products, or services that you request from us.
  • To process your membership application.
  • To process donations or payments.
  • To provide you with access to, and services at, the Heyground location.
  • For marketing purposes.
  • For security, safety, compliance, and due diligence purposes.
  • To fulfill any other purpose for which you provide it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to send you emails about our services that may be of interest to you. If you do not want us to use your information in this way, please unsubscribe. For more information on how to unsubscribe, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose personal information that we collect or you provide as described in this Policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers (including OfficeRnD), and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, investment, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Site users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply the Company’s terms of service at www.communitasamerica.org, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our members, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out at any time by clicking on the unsubscribe option in any communication you receive from us or by sending us an email stating your request to privacy@communitasamerica.org.
  • Transactional Messages. Please note that even if you opt out of receiving our promotional emails, we may still send you transactional emails related to the provision of our services that you have requested or as pertain to the management of your membership and other administrative matters. These include responses to your questions. We and our service providers may also send you email notifications in the event of an emergency, none of which will have any marketing element.
  • Text Messages. If you provide your mobile telephone number on your App profile, you will have the option to receive text messages to your mobile device related to bookings you have made using the App. For information concerning how to opt-out of receiving such messages, please see the OfficeRnD privacy policy posted on the App.
Cookies

You can control certain cookies and tracking tools. A cookie is a small text file that is stored on your computer or device. We use cookies on the Site to collect the information described above. You can manage and disable the use of cookies by changing the settings in the preferences or options menus in your browser. You may still use the Site if you reject cookies, but it may limit your ability to use some areas of the Site or otherwise diminish your experience of the Site.
In addition, with the assistance of our third-party partners and service providers, third-party advertising networks, social media companies, and other services may collect information about your use of our Site over time so that they or we may display interest-based advertising using information gathered about you over time across multiple websites or other platforms. To do this, we and our third-party service providers may use technologies such as web beacons, tags, Flash cookies or HTML5 to collect or use information about visitors to the Site and their actions on the Site. You can visit https://optout.networkadvertising.org/?c=1 and https://www.aboutads.info/choices, https://www.preferences-mgr.truste.com/ to opt out of certain uses of cookies for advertising purposes.
We do not currently, but may, in the future use Google Analytics to better understand how our users interact with our Site, including measuring and monitoring user traffic and using aggregate statistical analysis, which informs future enhancements and changes to the Site. You have the option of refusing to accept Google Analytics cookies when you first visit our website. You can also learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Options you select and choices you make are browser, website, and device specific. If you clear your cookies or your browser’s cache, you will need to set your preferences again. For more information about cookies generally, you may visit All About Cookies.
Do-Not-Track Requests. Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. The Site does not currently respond to “do-not-track” requests or similar browser settings.

Retention

We retain your personal information for as long as you use our services and products or as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish and support legal claims and defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws and other legal requirements that apply to us.
When we no longer have a purpose to use or retain your personal information, we will either delete or anonymize it, or if that is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Data Security

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: privacy@communitasamerica.org.
To register a complaint or concern regarding this Policy, please contact us at privacy@communitasamerica.org.

Terms of Use

Last modified: March 6, 2023

PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY BEFORE USING THIS SITE. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING AN AGREEMENT TO SUBMIT (WITH LIMITED EXCEPTION) ALL CLAIMS THAT YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE (AS DEFINED BELOW).

Agreement to Terms of Use

These Terms apply with respect to your access and/or use of the Communitas America (the “Company” or “We”) website (https://communitasamerica.org/) (our “Site”). These Terms govern your use of the Site. Please read them carefully. Although they are long, we ask all of our visitors to read them in their entirety as they contain important information regarding your use of the Site and our copyright and other intellectual property rights.

By accessing the Site, you signify to us that you have read, understand, and agree to all of these Terms as set forth herein. Accessing the Site, in any manner, whether automated or otherwise constitutes use of the Site and your agreement to be bound by these Terms. Please do not use the Site or submit information to us either through the Site or other avenues if you do not agree to these Terms. These Terms are to be read in connection with any other policies and terms of service posted on our Site, including our Privacy Policy, which is expressly incorporated herein by this reference. You do not have a right to change these Terms or any other policies or terms of service on our Site. Our interpretation and application of these Terms and any other policies and terms of service posted on our Site shall be final.

We reserve the right (but not the obligation) to deny access to the Site or any features of the Site to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.

Your Limited Right to Use Materials

The Site and all the materials available on the Site, including entire contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are our property and/or the property of our licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site are provided solely for your personal, noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or those of our licensors or that has not been authorized by us.

More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site, except as follows:

  • Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for display enhancement purposes; and
  • You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from the Site;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Children Under the Age of 16

Our Site is not intended for children under 16 years of age. No one under the age of 16 should access or provide any personal information to or on the Site. We do not knowingly collect personal information from children under 16 on the Site. If you are under 16, do not use this Site or provide any information on this Site or subscribe to our newsletter on the Site. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@communitasamerica.org.

Donations

If you would like to make a donation using our Site, you will be directed to a site operated by our service provider, Classy, Inc. to complete a form that will require you to provide personally identifiable information such as your name, email address, and credit card or bank information. You agree to provide true, accurate, current, and complete information about yourself as prompted. Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Links to and From Other Websites

You may gain access to other websites via links on the Site. These Terms apply to the Site only and do not apply to other parties’ websites. Similarly, you may have come to the Site via a link from another website. The terms of use of other websites do not apply to the Site. Only these Terms apply to the Site. We assume no responsibility for any terms of use or material outside of the Site accessed via any link. You are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website or service by us or the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, scrape the Site or incorporate into another website or other service any of our material, content or intellectual property.

Site Copyright

All copyright rights to the Site, including rights to the work and designs provided by the Company are owned by the Communitas America, © 2023. All rights reserved. You cannot re-transmit, print or photocopy the materials on the Site for re-distribution in any medium without the prior written permission of the Company (which may be withheld by the Company in its sole discretion).

Prohibited Activities

You are fully responsible for your activities while using the Site, including any content, information or other materials you post or upload to the Site, and you bear all risks associated with use of the Site. By agreeing to these Terms, you agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site. You also agree not to use the Site to engage in any prohibited conduct, or to assist any other person or entity in engaging in any prohibited conduct.

You are prohibited from using the Site for the commission of harmful or illegal activities, including, but not limited to, the following:

  • Hacking into, or attempting to penetrate the security measures of, any system, network, website, software, computer, device, or communications equipment;
  • Attempting to collect or maintain any information about other users of the Site (including email addresses and passwords) or other third parties for unauthorized purposes, including by accessing illegally or without authorization, any system, network, website, software, computer, device, or communications equipment belonging to another party;
  • Introducing any virus, worm, spyware, Trojan horse or other program or code into any system, network, website, software, computer, device, or communications equipment or launching a denial of service attack, or in any other way attempting to interfere with the functioning of any system, network, website, software, computer, device, or communications equipment;
  • Any activities intended to participate in, commit, aid or assist any crime, including identity theft or credit card theft, and including the exploitation of minors, or child pornography;
  • Engaging in any activity that is defamatory, objectionable, unlawful or promotes or encourages illegal activity, including, but not limited to, uploading or causing the Site to display pornographic material (i.e., text, pictures, films, or video clips of a sexually explicit nature) or offensive or derogatory images regarding sex, race, religion, national origin, physical or mental disability, medical condition, or sexual orientation;
  • Violating any applicable laws including, but not limited to federal copyright laws by making unauthorized copies of copyrighted or licensed software, data, entertainment files, text or publications; or
  • Any activities that will damage, disable, vandalize or otherwise harm the Site.

Your participation in any of the above prohibited activities will automatically terminate your authorization to use the Site and you must immediately cease your use of the Site.

DISCLAIMERS

THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THE COMPANY DOES NOT WARRANT THAT THE SITE OR ANY OF THE SITE’S FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software and internet connections necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software and internet connection.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of their contents.

The Site may include content provided by third parties, including materials provided by other users, members, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Your interactions with companies, organizations, and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations, and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and not make any claim against the Company from any claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF THE COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. FOR EXAMPLE, THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, WE AND OUR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, REPRESENTATIVES, LICENSORS, service providers, and vendors SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF OUR FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its directors, officers, managers, employees, contractors, agents, affiliates, suppliers, representatives, licensors, service providers, and vendors from and against any and all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Site, or violation of these Terms by you, or your violation of any rights of another. We reserve the right (but not the obligation) to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide the Company with such cooperation as is reasonably requested by the Company.

Suspension and Termination of Access

You agree that, in our sole discretion, we may suspend or terminate your use of the Site, or any part of the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your use of the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.

Notice of Modification/Changes at Will

The Site is provided as a service to the Site’s visitors. We reserve the right to delete, modify or supplement the content of the Site, or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice at any time. We reserve the right to terminate operation of the Site entirely at any time for any reason without prior notice. You agree that we will not be liable to you or to any third party for any deletion, modification, supplementation, suspension or discontinuance of the Site or any portion thereof.

Severability

If any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

  1. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You and the Company agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Site, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration before a neutral arbitrator, rather than in a court by a judge or jury, in accordance with the terms of this Arbitration Agreement, except that you or we may (but are not required to) assert individual claims in small claims court, if such claims are within the scope of such court’s jurisdiction (as explained further below). Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by accepting these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
  2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE (WHERE EITHER OR BOTH ARE A PARTY TO AN ASSERTED CLAIM) AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
  3. Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently if there is an opportunity to do so informally. Before an arbitration (or suit in small claims court, if available) is commenced, you or we agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a dispute informally. Both parties recognize this is an important requirement, and that breach of this requirement would be a material breach of these Terms. To provide this opportunity, before commencing any arbitration (or suit in small claims court, if available), each party agrees to send to the other party a written notice of dispute (“Notice”). The Notice to the Company shall be sent to 461 West 126th Street, New York, New York 10027 with a copy to privacy@communitasamerica.org. The Notice to you shall be sent to the last email address we have on file (each, a “Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute in sufficient detail to evaluate the merits of the claiming party’s claim and for the other party to determine if an amicable resolution is possible and (ii) set forth the specific relief sought, including the amount of money (if any) that is demanded and the means by which the demanding party calculated the claimed amount. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) calendar days from the date the Notice is received. If the claim is not resolved within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. Each party agrees that state and federal courts in New York, New York, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
  4. Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules in effect at the time that such arbitration is initiated (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. Except as set forth above, all issues are for the arbitrator to decide, including, but not limited to, threshold issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement and issues relating to (a) whether the terms of these Terms (or any aspect thereof) are enforceable, unconscionable, or illusory and (b) any defense to arbitration, including waiver, delay, laches, or estoppel. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim.  The arbitrator’s decision and judgment thereon will not have a precedent or collateral estoppel effect on any other claim or dispute.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

    Any arbitration hearings will take place in New York, New York, at another mutually agreeable location or, if both parties agree, by telephone or video conference. Whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or by a hearing will be determined in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
  5. Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a dispute in a local small claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the dispute heard in small claims court.  At that time, the AAA will close the arbitration and the dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
  6. Appeals. Arbitration awards are enforceable like any court order, but are subject to very limited review by a court.
  7. Cost of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the arbitrator determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees, subject to allocation in the arbitrator’s award. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
  8. Confidentiality. Each of the parties shall maintain the strictly confidential nature of the arbitration, including all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by law.
  9. Opt Out. You may reject this Arbitration Agreement, in which case only a court may be used to resolve any dispute.  To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you first access the Site.  The Opt Out must be sent to the Company’s Notice Address.  The Opt Out must include your name, phone number and email address(es), including, where applicable, the email address(es) you used to sign up and use the Site.  This is the only way of opting out of this Arbitration Agreement.  Opting out will not affect any other aspect of these Terms, and will have no effect on any other or future agreements you may reach to arbitrate with us.
  10. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Section 2) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
  11. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to a Notice Address) while you are a user of the Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Situs, Venue & Jurisdiction

This Site is controlled by the Company from its offices in New York, New York. Visitors who choose to visit the Site from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.

Claims relating to the Site, to the use of the Site, and to the information content, material, goods and services available through the Site are governed by and construed in accordance with the Federal Arbitration Act, and by the internal substantive laws of New York, without regard to its conflicts of laws principles. By using our Site you hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts, local and federal, located in New York, New York, United States of America for any litigation concerning the Site, your use of the Site and any purchases made through the Site that is not subject to arbitration, as set forth above. You agree not to plead forum non-conveniens in any such action. You hereby irrevocably and unconditionally waive any right you may have to a trial by jury in respect of any action or proceeding arising out of or relating to this Agreement that is not subject to arbitration, as set forth above. Please do not proceed to use the Site if you are not wholly in agreement with giving your consent.

No Assignment; No Third-Party Beneficiaries

These Terms are personal to you and you may not assign them or the rights and obligations under them to anyone. Any attempted or purported assignment shall be null and void, and will automatically terminate your right to use the Site. These Terms are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us.

Limitation on Actions

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement

These Terms constitute the entire agreement between us and you with respect to the subject matter contained in these Terms and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern.

Changes to Terms of Use

We reserve the right to change these Terms or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms on the Site and update the “Last Modified” date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms, as modified. We strongly encourage and expect that you will review these Terms frequently and each time you log in to the Site so that you will be aware of any changes, since they are binding on you.

How to Contact Us

If you have any questions or requests, you can contact us at: privacy@communitasamerica.org.

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