Terms of Use

These Terms of Use define the acceptable use of the Alliance for Innovation website, or any other partner website, you agree to accept and to abide by these terms.

Updated May 25, 2018

These Terms of Use describe the terms and conditions under which you (sometimes referred to as “you” or “your”) and other users (referred to as a “user” or “users”) may access and use the website for the website for the Alliance for Innovation (“AFI”), available at transformgov.org, or for the website for International City/County Management Association, available at icma.org, including any mobile versions of the website that you may access on a phone or tablet, and govern your other interactions with AFI, including your access and use of any Content (as defined below), and/or other products, subscriptions, or services that are offered or provided to you by us (collectively, the “Sites”).  In these Terms of Use, the words “we”, “our,” and “us” refer collectively to AFI and ICMA.

Please read these Terms of Use carefully.  These Terms of Use also include our Privacy Policy, which is incorporated into, and made a part of, these Terms of Use. 

These Terms of Use, along with our Privacy Policy, constitute a legally binding agreement between you and us.  By accessing or using our Site, you agree that you have read, understand, and are bound by the terms and conditions in these terms or use. If you do not unequivocally agree with any part of our Terms of Use, you may not use or otherwise access the sites, post or download content or any other information to or from the sites, or make any purchase through the sites.

General Terms of Use

We hereby grant you a limited, nonexclusive, non-assignable, nontransferable license to access and use the Sites solely for your own personal, non-commercial purposes of information gathering and dissemination and exchanging knowledge and information among local government professionals and with other participating organizations related to local government. All rights not otherwise expressly granted by these Terms of Use are reserved by us.

We may discontinue or alter any aspect of the Sites, remove Content from the Sites, restrict the time the Sites are available, or restrict the amount of use – all in our sole discretion and without prior notice or any liability to you and without liability to you or any third party.

You are Responsible for all Activity Under Your Account

Our Sites may provide you with the ability to create and use usernames and passwords for your account, including to access and use certain parts of the Sites or Content or to post User Posting.  You agree that you are entirely responsible for maintaining the confidentiality of your usernames and passwords and are solely responsible and liable for all activities that occur under your account.  If you are sharing a computer with anyone, we suggest you log out before leaving any of our Sites in order to protect from subsequent users from gaining access to your information. We also suggest you decline to have your Internet browser remember your password.  

You are also responsible for keeping your account active. If you do not log in to your account for six (6) months or more from the date of the last log in, the account may be considered, in our sole discretion, inactive. Inactive accounts may be permanently removed without notice or liability to you or any third party. 

Freedom of Information Act and Protection of Content

We are a private non-profit corporation and, unlike most government entities, are not subject to the Freedom of Information Act (“FOIA”) or similar public record disclosure laws. Please refer to the Privacy Policy and these Terms of Use for details about what information may be released. Note that we may be required to release information in certain cases, for example, when the information is subject to subpoena or court order.

Members should be aware that the Content (including User Postings) on the Sites may be released by third parties.  For example, some of our users may be employed by government entities who may be subject to the Freedom of Information Act or other public record laws requiring disclosure of certain information.  Emails and other information sent or received by such users may be required to be released pursuant to a FOIA request.

You acknowledge and agree that we do not promise or guarantee that any Content, including your User Postings, that are posted on the Sites, even if in “private “areas, will remain confidential, and that such Content, including your User Postings, may be released to third parties, including widely to the media. You should recall this possibility when posting to the Sites and take all precautions you deem necessary or reasonable to keep from posting confidential information or information that you would not wish to be released publicly. Furthermore, certain users may inadvertently disclose information exchanged by us or among other users without recalling that the information is intended to be private and not subject to release.  We cannot protect against such a possibility and are not liable for any information that is disclosed by a user, what is done with that information, or for the user that discloses it.

The Functionality may Change Over Time

We reserve the right to add, modify, or remove the Sites in whole or in part at any time and without prior notice to you. 

“People With Expertise” Are Self-Identified

Some features of our Sites allow users to identify themselves as having expertise in various local government topics, including in connection with any User Postings they may post. We are not responsible for assessing the qualification of people who self-identify as having expertise or any other information that user’s post on the Sites.  We do not make any warranties or representations regarding any self-identifications of expertise and we do not approve, endorse, sanction, encourage, verify or agree with any such identifications or any message, profile, or other User Postings posted by any user who self-identifies as an expert. We reserve the right to remove a self-identified expert at our sole discretion.

Be Respectful. Your Postings Are Part Of Your Professional Reputation

You are prohibited from posting any User Posting or acting in any way towards us or any other users that we determine in our sole discretion to be defamatory, fraudulent, deceptive, abusive, terrorizing, harassing, profane, threatening, offensive, obscene, hateful, sexually explicit or illegal statements, information, or materials. You are prohibited from using our Sites or any features on our Sites, to impersonate any person or to communicate under a false name or one you are not authorized to use.

Don’t Use The Sites To Promote Your Products Or Services Or For Commercial Purposes

You agree to only use these Sites for information purposes only. We recognize that consultants and representatives of companies that offer services to local governments have knowledge to contribute to the community; however, overt promotion of products and services by users is prohibited. Commercial use or any other unauthorized use of the Sites and any features therein is strictly prohibited.

Don’t Post Copyrighted Material. When you post, you grant us the right to publish.

By posting any statements, information, or material, you warrant and represent that you hold the property rights, including any copyrights, with respect to such statement, information, or material, or that you have obtained the necessary permission from the holder to post the material.  When you post any statements, information, or material on our Sites, you grant us a nonexclusive, perpetual, and irrevocable, fully paid up, worldwide license to display, copy, publish, distribute, transmit, print, make derivative works from, and use any statement, information, or material that you post.  We will use reasonable efforts to protect content that has been posted to a limited audience such as a Knowledge Network Group.  Our policy is to not re-publish such content to a broader audience without the express permission of the content owner.

Don’t Use the Sites for Any Other Prohibited Purpose

You acknowledge and agree that you will not use the Sites or any of the features therein to post, transmit, display, publish, distribute, or otherwise exploit any material or content that (1) violates these Terms of Use; (2) infringes on the intellectual property or trade secret rights of others or violates the privacy or publicity or other personal rights of others; or (3) violates applicable laws, rules, and regulations, including without limitation, consumer protection, privacy, and trade laws and regulations.

You acknowledge and agree that by your use of the Sites, you expressly agree not to engage in, the following conduct: (1) the deletion or alteration of any Content on the Sites (except for your User Posting, as permitted in these Terms of Use); (2) any action that imposes an unreasonable or disproportionately large load or traffic on the Sites’ infrastructure; (3) the use of any data mining, robots, spiders, scraping, or other automated  processes, means, or methods for the purposes of monitoring, copying, or data gathering or extraction; and/or (4) the use of any directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You further agree not to disrupt, overwhelm, attack, modify, reverse engineer, or interfere with the Sites or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others’ use of the Sites.

You agree that you will only use the Sites for lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in these Terms of Use. You may not copy, use, download, modify, frame, publish,  transmit, retransmit, transfer, sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, rearrange, redistribute, alter, adapt, crop, resize, move, remove, delete, or in any way exploit or make commercial use of any of the Content on the Sites, in whole or in part, directly or indirectly, without the prior written consent of us and/or the owner thereof, except as expressly permitted by us on the Sites (e.g., sharing links to Content on social media or allowing downloads of Content for personal, off-line usage) or in these Terms of Use or as otherwise permitted under applicable law. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Sites.

We May Engage Corporate Sponsors and Provide Links to Other Websites.

We reserve the right to engage corporate sponsors to underwrite the cost of the Sites. Our general policy is to identify such sponsors, but, to the extent permitted by law, we may decline to do so in our sole discretion.

In addition, as a service to you and our other users, we may provide information about other resources that may be of interest.  However, we are not responsible or liable for any content, advertising, products or other materials on or available from these sites or resources, and our presentation of any third party links or content is not intended to be an endorsement, sponsorship or recommendation by us.  Please be aware that when you exit the Sites, you are subject to the policies of the new third party site or resource.  You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use of or your reliance on any of these third party’s presentations, content, goods or services made available through the third party site or resource. 

We Don’t Monitor Everything, But We Reserve the Right to Remove Inappropriate Material.

We do not constantly monitor the Sites or any activity that may happen on our Sites.  We do not undertake any responsibility or editorial control of postings of User Posting by users or other members from our community.  We reserve the right to take immediate action without notice on any User Posting that is actually or potentially, in our sole opinion, inappropriate, offensive, illegal or harmful or violates these Terms of Use and to restrict, suspend, or exclude any individual from further use of our Sites or any features therein. We do not make any warranties or representations regarding any of the User Posting. We do not approve, endorse, sanction, encourage, verify or agree with any message, profile, or other User Postings posted by our users or otherwise embodied in the Content.

SOME AREAS OF THE SITES AND SOME CONTENT OR USER POSTINGS MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

We are not and will not be liable for any Content or User Posting that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.

Copyright Notices - How to Notify us of Infringing Material

It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws.  If you are a copyright owner or an agent thereof and believe that any posting or other content on our Sites infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
  • A statement that you have 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
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent for notice of claims of copyright infringement on our Sites can be reached at:

Alliance for InnovationAttn: Courtney Hayden411 N Central Ave, Suite 400Phoenix, AZ 85004

webmaster@transformgov.org

Counter-Notice

If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signatu
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Dakota County, Minnesota and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the person providing such content, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

WARNING

In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.

In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

We may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3) for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3) for more information.

Indemnity

As a condition of use of the Sites and any features therein, you agree to indemnify us, our directors, officers, employees, agents, and subcontractors from and against any and all liabilities, expenses including attorneys’ fees, and damages arising out of claims resulting from your use of the Sites and any of the features therein, such as the Knowledge Network, or any breach of these Terms of Use by you.  We have the right to control the defense of any claim and all negotiations for settlement or compromise, and you agree to fully cooperate with us in doing so.

Disclaimer

The content and features of the Sites are provided “as is” and without representations or warranties of any kind, either express or implied, including but not limited to warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and/or noninfringement. We do not represent or warrant that any such features will operate in an uninterrupted or error-free fashion, that defects will be corrected, that the Sites or the server are free of viruses or other harmful components, or that the content of the Sites will meet your expectations.

To the fullest extent permissible under applicable law, we and our directors, officers, employees, agents, and subcontractors shall not be liable for any direct, indirect, incidental, or consequential damages, including without limitation lost profits and cost of procurement of substitute products, arising out of your use or inability to use any content or features of the Sites or of external links, whether based in contract, tort (including negligence), or any other theory of liability and even if we have been advised of the possibility of such damages.

If you have a dispute with us or are dissatisfied with the Sites or any of its content or features, your sole and exclusive remedy is to discontinue your use of our Sites or the content or features.  We have no other obligation, liability, or responsibility to you.  You agree that you will only sue us as an individual.  You agree that you will not file or participate in a class action.  You hereby irrevocably and unconditionally waive any right you may have to a jury trial. 

Additional legal considerations

This agreement is governed by and construed in accordance with the laws of the District of Columbia without giving effect to any principles of conflicts of laws. Jurisdiction for any claims arising under these Terms of Use shall exist exclusively with the state or federal courts in the District of Columbia.  If any provision of this agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity or enforceability of the remaining provisions.  The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  The section headings are for convenience only and have no legal or contractual effect.

Changes in these Terms of Use

We reserve the right to change these terms at any time. We will post the revised Terms of Use on the Sites and update the Effective Date to reflect the date of the changes. Your continued use of the Sites constitutes your acceptance of any such changes.

 

Privacy Policy

We collect, store and use data obtained from you in accordance with our Privacy Policy, located at https://www.transformgov.org/privacy-policy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use. 

 

Feedback