Terms of Use

Effective May 1, 2025

These Terms of Use constitute an agreement between you, as a user of the

website at www.capeannindivisible.org (the “CAI Site”), and Cape Ann Indivisible (“CAI”), an unincorporated association of volunteers based in Rockport and Gloucester, Massachusetts, and surrounding towns.

By using the CAI Site, you agree to these Terms of Use, which constitute a legally binding agreement between you and CAI regarding your use and access to the CAI Site. You are not authorized to use the CAI Site if you do not agree to these Terms of Use or are not legally eligible to enter into this agreement.

CAI reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the CAI Site. You are responsible for regularly reviewing the Terms of Use posted to the CAI Site. Your use of the CAI Site represents your acceptance of the version of the Terms of Use posted at the time of your use except that revisions to these Terms of Use shall not apply to a controversy or claim for which actual notice is given on or before the date of any such revision.

If these Terms of Use incorporate references to other CAI policies or terms and conditions that apply to certain uses or portions of the CAI Site, then the provisions in those other terms and conditions that conflict with provisions in these Terms of Use shall govern if applicable to your use.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the CAI Site conditioned on your continued acceptance and compliance with these Terms of Use. You may use the CAI Site and the CAI Content (as defined in Section 2) for your noncommercial personal use and for no other purpose. CAI reserves the right to bar, restrict or suspend any user’s access to the CAI Site, and/or to terminate this license at any time for any reason. CAI reserves all rights not explicitly granted in these Terms of Use.

2. Proprietary Rights in CAI Content.

(a) CAI Content. The CAI Site includes the following, without limitation (collectively, the “CAI Content”): (i) trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “CAI Site Marks”); (ii) information, data, materials, text, artwork, images, photographs, audio and video material; (iii) interfaces, computer code, databases, services, software applications and tools, and other technology; and (iv) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the CAI Site.

(b) Ownership. CAI Content is the property of CAI, CAI volunteers, and their respective licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law in all forms of media now existing or hereafter developed, including but not limited to laws of copyright, trade secrets, patent, and trademark, as well as other state, national, and international laws and regulations.

(c) Prohibited Uses. You are prohibited from using any CAI Site Marks, or reproducing, transmitting, distributing, selling, publishing, performing, broadcasting, circulating, or disseminating any CAI Content, directly or through any other person or entity, unless your specific use is: (i) expressly authorized in writing by CAI or the owner of the specific CAI Content or CAI Site Mark you intend to use, (ii) expressly authorized by a statement on the CAI Site, (iii) in accordance with fair use copyright standards established by applicable law, or (iv) is within the scope of permitted uses described in Section 4. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in or on any CAI Content, even if your use of the CAI Content is otherwise permissible.

3. License Restrictions on Use.

You agree you will not:

(a) modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from CAI Content; lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical) all or any part of the CAI Site or the CAI Content;

(b) use the CAI Site for any unauthorized or illegal purpose or activity, including but not limited to any activity to obtain or attempt to obtain unauthorized access to the CAI Site, including CAI Content;

(c) interfere with the proper working of the CAI Site, including but not limited to the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or

(d) interfere with any other person’s use and enjoyment of the CAI Site.

4. Authorized Content Sharing. You may download, copy, or embed CAI Content and other downloadable items displayed on the CAI Site for personal use only, provided you maintain all copyright and other notices contained therein. Copying or storing any CAI Content for any purpose other than personal use is expressly prohibited without prior written permission from the CAI. To request this permission, please contact admin@capeannindivisible.org or the copyright holder identified in the copyright notice in the specific CAI Content you want to use. CAI reserves the right to require any party sharing CAI Content to disable or remove the content should CAI determine that its use violates CAI’s rights or policies or exposes CAI to risk of harm or legal liability.

5. Privacy Policy. CAI’s Privacy Policy is incorporated into and made a part of these Terms of Use and explains CAI’s collection, use, retention and protection of your personal information.

6. Responsibility for Use of the Internet and CAI Site and Exclusion of Liability. Use of the Internet and the CAI Site is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, CAI does not guarantee the confidentiality or security of any communication or other material transmitted to or from the CAI Site over the Internet or other communication network. CAI is not obligated to correct or update the CAI Site, the CAI Content or Third-Party Content, and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the CAI Site.

7. General User Obligations. You agree that:

(a) you will comply with all applicable local, state, national, and international laws and regulations with respect to your use of the CAI Site and your submission of User Content as described in Section 8;

(b) you will not disrupt or interfere with the use and enjoyment of the CAI Site by other users or interfere with CAI’s operation and management of the CAI Site;

(d) you are solely responsible for any liabilities, fines, penalties or forfeitures that are incurred or assessed as a result of your violating or breaching the foregoing obligations.

8. General Terms for Submitting User Content.

(a) Submission of User Content. Subject to these Terms of Use, you are welcome to submit information, opinions, comments and event announcements, which may include text, images and URL links (collectively, “User Content”), for publication on portions of the CAI Site that are designated for user-contributed blog posts, blog comments and event listings, if any. Your submissions should only be made using the forms or other means made available for this purpose on the CAI Site. Your opportunities for submitting User Content are at the sole discretion of CAI and may be changed or discontinued at any time. CAI reserves the right to moderate and edit User Content and to submit User Content to a review and approval process before publication. CAI has no obligation to publish or allow you to publish any User Content and any such publication shall be at CAI’s sole discretion.

(b) Submission Criteria. When you submit User Content, you may be asked to provide information about yourself and about the source and authorship of the content you submit (“User Data”). Your User Data and your User Content must comply with the Code of Conduct in Section 9.

(c) License to Use. By submitting User Content to the CAI Site, you acknowledge and agree that CAI may make your User Content available to the public at their sole discretion and you hereby grant Owner and CAI a nonexclusive perpetual worldwide license to publicly publish, display, reproduce, perform and transmit your User Content on the CAI Site and related RSS feeds, on social media accounts maintained by or for CAI, and in email newsletters distributed by CAI (collectively, the “Publication Sites”). If you do not agree to grant CAI the foregoing rights you should not post or submit any information, opinions, comments or events via the CAI Site.

(d) Risk of Unauthorized Uses. You acknowledge and accept the risk that other users of the Publication Sites may make unauthorized uses of your User Content that CAI cannot reasonably control and you agree that CAI will not be liable to you for such unauthorized uses.

(e) Consent to Disclosure. You hereby authorize CAI to preserve and disclose your User Content and your User Data if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary in the sole opinion of CAI in order to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates these Terms of Use, applicable laws or the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CAI, CAI Site users and the public.

(f) Liability. You are solely responsible for the User Content you submit. You agree to indemnify and hold the CAI Parties harmless against all claims and liabilities resulting from your User Content as described in Section 14.

(g) All Rights Reserved. CAI retains the right to reject, block, or remove any item of User Content for any reason at its sole discretion and to suspend, ban or block you from posting on the CAI Site or other CAI social media accounts without notice as it deems appropriate. CAI may permanently terminate your use of the Sites if you violate these Terms of Use or Code of Conduct.

9. Code of Conduct for User Content and User Data. The following terms and conditions constitute the Code of Conduct for submitting User Content on the CAI Site and on social media platforms maintained by or for CAI (collectively the “Sites”). You agree that with each submission of User Content or User Data, you are making the following commitments, representations and warranties to CAI:

Your User Data is true, accurate, current and not misleadingly incomplete. You are not impersonating or purporting to be any other person or entity, whether actual or fictitious, or otherwise misrepresenting your identity.
You are either (i) the sole owner and original author or creator of all the text, images, media and other content you submit as User Content, or (ii) your User Data and/or User Content fully and accurately identify the owners of all rights in the User Content who need to be credited and you have obtained their permission to grant the Owner and CAI the rights you grant in Section 8(c).
No element of your User Content:

(i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or advocates for others to engage in the foregoing types of activities;

(ii) infringes any copyright, moral right, trademark, service mark, patent, or other proprietary right of any person;

(iii) consists of advertising or marketing for commercial purposes or contains materials generally recognized as junk mail, spam, chain letters or other forms of solicitation;

(iv) advocates illegal activity or discuss illegal activities with the intent to commit them;

(v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(vi) references fictitious people, entities, information or opinions; or

(vii) is intended to be misleading or to misrepresent.

10. Disclaimer of Third-Party Content and Links. The CAI Site contains information and materials from third-party sources and links to third-party sites (collectively, “Third-Party Content”) including: (i) User Content submitted by users as described in Sections 8 and 9, such as blog posts, comments to blog posts, calendar events and links to third party sites, (ii) content published by third parties that CAI summarizes, comments on, reproduces or links to, such as third-party news articles, opinion pieces, press releases and event announcements, and (iii) links to various third-party sites that CAI expects to be of interest to CAI Site users.

CAI is not responsible for the accuracy, quality, timeliness, completeness, reliability or non-infringement of any Third-Party Content. If you believe any Third-Party Content infringes your proprietary rights, please contact CAI as described in Section 12 below.

The inclusion of Third-Party Content on the CAI Site should not be construed as an endorsement of the individuals or entities that are the source of that content, the viewpoints they express or the products and services they offer.

CAI has no control over the operations, policies and practices of the websites linked to from the CAI Site. If you decide to access any third-party site linked to from the CAI Site, you do so entirely at your own risk. On such sites, you are subject to the various terms of services associated with using such sites, including, but not limited to, the third-party sites’ terms of use, privacy policy, and copyright policy. For more information, consult the host website’s user policies.

Information and materials you post to CAI social media accounts (such as comments, photos, videos, etc.), or that you authorize CAI to share on its social media accounts, is also subject to the terms of service of those social media platforms and may be used by the owners of the host sites for their own purposes under the host site user policies.

11. Links to CAI Site. You are welcome to post links to the CAI Site but you are not allowed to use any CAI trademark or logo and you may not suggest that CAI promotes or otherwise endorses you, an organization you represent, or any other third-party, or their respective viewpoints, causes, campaigns, products, services, websites or website content unless you have CAI’s written authorization to do so. Any links you create are solely your responsibility and/or that of the linking website’s owners. CAI reserves the right to require any linking party to disable or remove any link that violates these terms or other CAI rights and policies, or that causes interruption or deterioration of the CAI Site.

12. Notice for Claims of Intellectual Property or Copyright Infringement. CAI respects the intellectual property of others and requires users submitting User Content to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send a notice with the following information to CAI using the contact information below:

(a) a description of the copyrighted work or other intellectual property that you claim has been infringed or misused;

(b) a description of where the material that you claim is infringing is located on the CAI Site;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and

(f) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that has been infringed or other intellectual property interest that has been violated;

Please send your notice as follows:

By mail to 62 Curtis Street, Rockport, MA 01966

By email to admin@capeannindivisible.org

13. Site Warranties Disclaimer. The CAI Site and CAI Content are provided “as is” and “as available.” Neither CAI, its volunteers or members (collectively “CAI Parties”) nor any third party provides any express or implied representation or warranty of any kind regarding the CAI Site or CAI Content. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the CAI Site or CAI Content is to cease using the CAI Site and CAI Content. The CAI Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with your use of the CAI Site.

14. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the CAI Parties from and against all claims arising from or in any way related to your use of the CAI Site and/or CAI Content, a violation by you of these Terms of Use or the CAI Code of Conduct, or any other actions connected with your use of the CAI Site and/or CAI Content, including any related costs and expenses. CAI will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the CAI Parties other than under this Section.

15. Dispute Resolution; Statute of Limitations and Venue. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the CAI Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Essex County, Massachusetts. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the Commonwealth of Massachusetts and/or the United States District Court for the District of Massachusetts, in Boston, Massachusetts, shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. The Owner and CAI reserve all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the District of Massachusetts, in Boston, Massachusetts.

16. Governing Law. These Terms of Use and all matters regarding your use of the CAI Site shall be governed by, construed in accordance with and enforced under the laws of Massachusetts, without regard to its choice of law principles.

17. Waiver and Severability. The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

18. Complete Agreement. These Terms of Use and the Privacy Policy incorporated by reference constitute the entire agreement between you, CAI and the Owner relating to your use of the CAI Site and supersedes any previous written or oral communication regarding use of the CAI Site.

19. Use of Websites and Content outside of the United States. CAI makes no claims regarding access or use of the CAI Site or the CAI Content outside of the United States. If you use or access the CAI Site or the CAI Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

20. Contact Information. If you have any questions or concerns regarding these Terms of Use or please contact Cape Ann Indivisible at admin@capeannindivisible.org.

These Terms of Use are in effect from May 1, 2025, until revised Terms of Use posted on the CAI Site take effect.

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