Welcome to the Alliance for a Better Minnesota’s (“ABM”) web site www.allianceminnesota.org (the “Site”).  By registering as a Member, and/or by accessing or using the Site, you agree to be bound by this agreement.  ABM reserves the right to deny access and/or terminate Membership to anyone who violates these Terms of Use. 

 Changes in Terms of Use

ABM reserves the right to make changes to its Terms of Use from time to time.  Your use of the Site following any such revisions will be deemed your acceptance of such revisions.  You should periodically visit the Site to review the current terms to which you are bound.  Should you object to any such modifications to these Terms of Use or if you are dissatisfied with the Site at any time or for any reason, your sole and exclusive remedy is to discontinue using the Site. 

 No Unlawful or Prohibited Use

Member agrees: (1) to comply with all applicable laws regarding the transmission of technical data exported from the United States through the Site; (2) not to use the Site for illegal purposes; (3) not to interfere or disrupt networks connected to the Site; and (4) to comply with all regulations, policies, and procedures of the Site.

 

Member may not use the Site for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process and may not to transmit through the Site any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature.  Member may not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.  Attempts to gain unauthorized access to other computer systems are prohibited.  Member shall not interfere with another Member’s use and enjoyment of the Site or another entity’s use and enjoyment of similar services. 

 Termination

ABM reserves the right, without notice and in our sole discretion, to terminate or cancel your access rights to the Site immediately without notice.  ABM may also block your use of the Site or direct you to cease using it.  ABM reserves the right at any time to modify or discontinue the Site and you agree that ABM shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. 

 Content Ownership

As a Member, you hereby disclaim and assign to ABM any and all copyright ownership and all intellectual property rights with respect to information you publish through ABM or otherwise enters into ABM-related services. 

 Content Responsibility

Member acknowledges and agrees that ABM neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing, or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom, or any crime facilitated thereby. 

 Web Links

ABM may provide links to third party web sites, and other web sites may provide links to the Site.  Third party web sites operate according to their own terms of use and privacy policies.  ABM has no control over such third party web sites, and by using the Site, Member acknowledges and agrees that ABM is not responsible for the availability of such third party sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites.  Member further acknowledges and agrees that ABM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, or other materials on or available from such sites. 

 Member Account, Password, and Security

After becoming a Member of the Site, Member shall receive an account login and password.  Member is entirely responsible to maintain the confidentiality of the account and password.  Member is entirely responsible for any and all activities which occur under such account.  Member may change his or her password at any time (to do so, go to the team area of any blog Member is a member of, click on member’s name and then “edit profile”); Member may also set up a new account and close an old one at Member’s convenience.  Member agrees to immediately notify ABM of any unauthorized use of Member’s account or any other breach of security known to Member. 

 Disclaimer of Warranties

MEMBER EXPRESSLY AGREES THAT USE OF THE SITE IS AT MEMBER’S SOLE RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ABM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

 Your Representations and Warranties

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. 

 Limitation of LiabilityNeither ABM, nor any of its parents, subsidiaries, affiliates, officers, directors, or employees shall be liable for any direct, indirect, punitive, incidental, special, or consequential damages, arising from or related to your use of the Site, or including but not limited to, damages for loss of profits, use, data, or other intangibles, regardless of whether member has been advised of the possibility of such damages.   Miscellaneous

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its rules of conflict of laws.  Each of ABM and the Member hereby consents to submit to the exclusive jurisdiction of the courts located in St. Paul, Minnesota for any litigation arising out of or relating to the Site.  If any provision of the Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  ABM’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ABM in writing.  The section titles in the Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. 

  
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