Public Action(TM) Terms of Service and Acceptable Use Policy

This site (the 'Site') offers a suite of interactive community engagement tools and applications known as Public Action(TM), which is provided under license from Public Interactive, LLC ('PI').

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ('Terms of Use '). These Terms of Use apply to your use of Public Action(TM) on this Site, and any other site offering Public Action(TM). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site or Public Action(TM). We may modify these Terms of Use at any time, and your use of the site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site. You may use the Site, Public Action(TM), and the information and/or content that you see, hear or otherwise experience the Site (collectively, the 'Content') solely for your non-commercial, private purposes. Except as otherwise set forth in these Terms of Use, no right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise.

2. Copyright; Trademarks. The Site and the Content are protected by U.S. and international copyright laws, and, except for the User Provided Information (as defined below), belong to the affiliated station, or its partners, affiliates, contributors or third parties; Public Action(TM) belongs to PI; the User Provided Information belongs to the User who provides it. Except as specifically authorized in these Terms of Use, (a) you may not reproduce, publicly display, modify, transmit, publish, transfer, or distribute the Content, (b) you may download and print a single copy of the Content for non-commercial, private purposes only, and (c) you may not manipulate or alter the Content in any way without permission from the site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

3. User Provided Information; Monitoring of Content. You acknowledge that you are solely responsible for all information, content and other material you post or otherwise provide to the Site (collectively 'User Provided Information'). By posting or uploading any User Provided Information, you guarantee to us that you have the legal right to post or upload such User Provided Information, and that it will not violate any law or the rights of any person or entity. We have no obligation to monitor User Provided Information. However, we reserve the right to monitor or remove any User Provided Information for any reason, in our sole discretion. By posting material on the Site, you give the Providers the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

4. User Conduct. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. With the exception of any User Provided Content you may post to public areas of the site, you agree not to add to, subtract from, or otherwise modify the Content. You agree not to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to provide or post any information to the Site that is false or misleading, that attempts to hide your identity, or that you do not have the right to disclose.

Without limiting the foregoing, you agree not to use the Site to (a) upload, post, email or otherwise transmit or communicate any material (i) that is obscene, unlawful, threatening, an invasion of privacy or publicity rights, defamatory, libelous, or otherwise illegal or objectionable, (ii) that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to the Site, or (iii) that is likely to cause any defect, error, malfunction, corruption or other harm to the Site, the Content, or anyone else's computer systems; (b) to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (c) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (d) for any commercial purpose; (e) to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or (f) to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Site or to solicit or attempt to discover another user's screen name or other identifying information without the user's express knowledge and consent.

We reserve the right to terminate your Public Action(TM) account or block your ability to access Public Action(TM) if we believe you have violated one or more of these Terms of Service.

5. Links to Third-Party Web Sites. Links on the Site to third party web sites are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by the site of the third party, the third-party web site, or the information contained therein. We are not responsible or liable for any third party web site or the availability or content of such web sites. If you use these links, you will leave the Site, and will be subject to the terms of use and privacy policies applicable to those web sites.

6. Downloading Files. We cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Disclaimer of Warranties. THE SITE OWNERS, OPERATORS, AND PI (COLLECTIVELY, THE 'PROVIDERS') MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. THE PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE AND THE CONTENT. THE PROVIDERS DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE PROVIDERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE ' BASIS.

8. Limitation of Liability. IN NO EVENT WILL THE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (III) ACCESS TO OR ALTERATION OR REMOVAL OF YOUR TRANSMISSIONS OR USER PROVIDED INFORMATION, OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE PROVIDERS LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

9. Indemnification. You understand and agree that you are personally responsible for your conduct on the Site. You agree to indemnify, defend and hold harmless the Providers, their parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, your User Provided Information, or any violation by you of these Terms of Use.

10. Privacy Policy. Click here to see the Site's Privacy Policy.

11. Security. You acknowledge the Site is not a secure web site. If you post or supply any personal or other information or content via the Site, you agree that the Providers will not be responsible for any third party's unauthorized access to or use of such information or content.

12. General Provisions.

A. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by the site of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

B. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. the site therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. the site does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

C. Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, the site's Privacy Policy, your use of the Site or the Content (collectively, 'Disputes') are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be exclusively venued in a state or federal court located in the State of Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose.

D. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.

Copyright 2007, Public Interactive, LLC. All rights reserved.

DATE OF LAST MODIFICATION
January 12, 2007