Terms of Use

Thank you for using Arvada CERT’s web pages. By using Arvada CERT web pages, you agree to these Terms of Use, which is a legal agreement.

1. DEFINITIONS

When we say, “Arvada CERT”, “we,” “our,” or “us,” we’re referring to Arvada CERT, a volunteer Community Emergency Response Team organized following guidelines and/or in cooperation with The Department of Homeland Security, FEMA, The State of Colorado, The City of Arvada, The Arvada Fire Protection District and the Arvada Police Department.

When we say “you” or “your,” we are referring to the person or entity using our web pages.

When we say “Terms,” we mean these Terms of Use and our Privacy Policy.

When we say “Websites,” or “Our Sites,” or “Our Websites” we mean our websites located at https://www.Arvadacert.com/ and any of our other websites and subdomains. We also use social media sites such as Facebook, LinkedIn, Twitter and others. The usage terms and privacy policies of these other social media sites are located on their sites and you should read and understand them if you are going to use them.

When we say “Your Posts,” we mean any content that you personally post, upload or otherwise transfer onto Our Sites.

When we say “Derivative Community Content” we mean content which has been posted to one of our Websites which incorporates information posted by one or more users which has been combined into a collective work which may contain information originally posted by several users. This means another user may copy all or a portion of one or more of Your Posts and incorporate it within something they are posting, thus creating Derivative Community Content.

When we say “Your Personal Information,” (also called “PII”) we mean all of the different forms of data that identifies you personally that you provide us or that we collect from you from your use of our websites. How we handle Your Personal Information is described in our Privacy Policy.

2. GENERAL RULES

To use Our Sites, you must (a) be at least thirteen (13) years of age; (b) complete any registration process required by any of our Websites; (c) provide current and accurate information; (d) agree to our Terms; (e) agree that you alone are responsible for the content of Your Posts and your activities on our websites and (f) You will not use our Websites to upload, or distribute any objectionable content, as solely determined by us.

You will use our Websites in compliance with all applicable laws, rules, and regulations.

You will not use our websites to encourage any activity which infringes our rights or the rights of others or which encourages the violation of any applicable laws, rules or regulations.

If you break any of your promises above or any of the rules in the Terms, we may terminate your access to our Websites without prior notice to you. Your actions may also subject you to legal consequences.

As long as you comply with the Terms, we grant you a non-exclusive, non-transferable, limited privilege to use our websites. You acknowledge and agree that your use of our Websites is at your own risk and that we may revoke your access rights for any reason or no reason with or without notice.

3. INTELLECTUAL PROPERTY

You own Your Posts. We do not represent any ownership or claim any intellectual property rights over Your Posts made to Our Sites. If Your Posts are made to Our Sites you grant us and other users of Our Sites a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to distribute Your Posts and to incorporate them in whole or in part in Derivative Community Content. You understand that Our Sites are intended to be collaborative websites where people gather to exchange and share information and that any or all of Your Posts may become part of this collaborative effort. You can delete any of Your Posts at any time, but you understand and agree that other users of Our Sites may have created Derivative Community Content incorporating Your Posts during the time Your Posts were visible.

You do not have the right to delete, alter or modify any Derivative Community Content that was created by another user. Further, you grant us and other users of Our Sites the right to use Derivative Community Content incorporating Your Posts in any way and for any purpose including the rights to reproduce, copy, adapt, license including sublicense, modify, perform, display, publish, broadcast, transmit or otherwise communicate to the public by any means whether now known or unknown and to distribute Derivative Community Content without any notice or compensation to you of any kind. You specifically waive any moral rights of paternity, publication, reputation or attribution with respect to Derivative Community Content.

We own Our Websites. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Our Websites, without our written permission.
You grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate or otherwise use any suggestions, enhancement requests, recommendations or other feedback you post on Our Sites.

If you are a CERT organization or similar volunteer community service organization (such as a volunteer fire department, search and rescue team, animal rescue organization or similar organization) we grant you a royalty-free, worldwide, transferable, irrevocable and perpetual license to incorporate or otherwise use any of our content in the furtherance of your organization’s mission. We hope if you have some really great content that you will grant a cross-license to us, so we can improve our site with your content.

4. PASSWORDS AND ACCOUNTS

You are responsible for keeping your account name(s) and password(s) confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to shared, lost, stolen or hacked passwords.

While using our sites you will truthfully represent who you are and any entity that you represent or are associated with. You agree to provide written proof to us if we reasonably request it.

5. REPRESENTATIONS AND WARRANTIES

To the maximum extent permitted by law, we provide Our Websites on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and any warranties that (a) Our Websites will meet your specific requirements, (b) Our Websites will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of Our Websites will be accurate or reliable, (d) the quality of Our Websites will meet your expectations, and (e) any errors in Our Websites will be corrected.

6. LIMITATION OF LIABILITY

To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, failures and conduct of any third parties related to your use of Our Websites and any linked sites and services. Your sole remedy against us for dissatisfaction with Our Websites is to stop using Our Websites. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.

To the fullest extent permitted by law, we claim exemption from liability under the Colorado Good Samaritan Law as a volunteer rescue unit.

7. GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of Our Websites including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Jefferson County, Colorado, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

8. GEOGRAPHIC LIMITATIONS OF USE AND THE GDPR

This site is primarily designed for the citizens of Arvada, Colorado and surrounding areas, Arvada CERT team members, members of other CERT organizations located throughout the United States and other volunteer organizations located throughout the United States. We have no locations outside of Arvada, Colorado and are not covered by the EU General Data Protection Regulation (GDPR). For further information please read our Privacy Policy.

9. FORCE MAJEURE

You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.

10. SEVERABILITY

If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary to comply with the original intent, and the rest of the Terms will still be valid and enforceable.

11. ASSIGNMENTS

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

12. NO WAIVER

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of that right or provision.

13. ENTIRE AGREEMENT

These Terms and our Privacy Policy constitute the entire agreement between you and us and govern your use of Our Websites.

14. AMENDMENTS AND CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms, at any time. Amendments or changes to these Terms will become effective as soon as we post them on Our Websites. It is your responsibility to check the Terms periodically for changes. Your continued use of Our Websites following the posting of changes will mean that you accept and agree to the changes.

We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to Our Websites, or any portion of Our Websites for any reason; (2) to modify or change Our Websites, or any portion of Our Websites, and any applicable policies or terms; and (3) to interrupt the operation of Our Websites, or any portion of Our Websites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

15. YOUR PERSONAL INFORMATION

Your use of Our websites means you understand and agree to the terms in the Our Privacy Policy.

16. QUESTIONS

If you have any questions or concerns about the Terms, please email us at administrator@ArvadaCERT.com.