Advertisers on the Community Pass mobile app or website may from time to time offer discounts or other promotional benefits to holders of a Pass (“Subscribers”).
The creation of an account, and payment of the Subscription Fee, will activate your Pass. Subscribers are billed on a subscription basis (“Subscription”). The term of a Subscription is one month and renews automatically. You will be billed in advance on a recurring monthly basis at the then-current Subscription Fee. Subscription Fees are non-refundable. Passes are for the use of the individual Subscriber only, and cannot be transferred to or used by others.
Automatic Renewal Terms
If you become a Subscriber, you agree that Community Pass may submit charges to your chosen payment method on the same date of the month as the initial charge without further authorization from you. These charges will be submitted unless you, the Subscriber, provide us notice that you wish to terminate this authorization or to change your payment method prior to the automatic renewal date. By purchasing a Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for one month of a Pass and a recurring Subscription renewal fee at the then-current Subscription rate. You acknowledge and accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Community Pass after the expiration date of your payment card or any charges that fail to be deposited to Community Pass due to insufficient funds. You will be notified of any Subscription fee increases within 30 days of such increase, via the email address you have provided on your account, and you accept and authorize Community Pass to charge the increased amount on the automatic renewal date unless you cancel your subscription before the renewal date.
Your Pass may be canceled on the mobile app or website, or by email to [email protected]. Upon cancellation, no further charge will be made to your payment method. Community Pass may cancel a Pass, Subscription, advertisements, donations, or any part of the Community Pass program at any time and without advance notice.
Our Payment Processor
At any time, a Subscriber may designate, via the website or app, a Community Organization, to which Community Pass may donate a portion of the Subscription Fee each month. Community Organizations are listed on Community Pass’s website and mobile app. Approval of Community Organizations and the amount and timing of donations is at Community Pass’s sole discretion, and approval of or donations to a Community Organization may be discontinued for any reason and without prior notice.
Account, Password, Security
If any of the Services requires you to open an account, you must provide us with current, complete, and accurate information as prompted by the applicable registration form. You may also be asked to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
Advertisements and Promotions
Community Pass may provide links to, and post advertisements and promotions from, companies that it approves from time to time. Your interactions and business dealings with any company are solely between you and that company. Community Pass is not responsible or liable for any loss or damage of any sort incurred by you, or the alleged breach of any terms, conditions, warranties, or representations associated with any company. Community Pass does not dictate other companies’ marketing or advertising messages and makes no representations about the suitability of any service or products advertised, or the availability or validity of discounts or promotions. Hypertext links on Community Pass’s website or mobile app are provided for convenience only. Community Pass is not responsible for the contents of any linked sites, nor does it warrant the validity of the links, or in any way endorse the linked site, its contents, services, or security. You acknowledge and agree that Community Pass 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 the use of or reliance on any such content, goods, or services available on or through any such web sites or services, despite whether the web site or service was accessed via a link found on our Services.
You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, notices, or applicable laws and statutes. You may not use the Services in any manner that could damage, disable, overburden, or impair any Community Pass server, or the network(s) connected to any Community Pass server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks connected to any Community Pass server or to any of the Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Services are protected to the maximum extent permitted by copyright laws and international treaties. The content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Community Pass. You further agree not to reproduce, duplicate or copy content from the Services without the express written consent of Community Pass, and you agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services. Community Pass, as well as certain other of the names, logos, and materials displayed on Community Pass, constitute trademarks, trade names, service marks, or logos (“Marks”) of Community Pass or other entities. Unless otherwise agreed between you and Community Pass in writing, you are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Community Pass or those other entities.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE USE OF COMMUNITY PASS AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. COMMUNITY PASS AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMMUNITY PASS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF COMMUNITY PASS AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMMUNITY PASS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON COMMUNITY PASS OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON COMMUNITY PASS OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, COMMUNITY PASS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH COMMUNITY PASS OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMUNITY PASS, COMMUNITY PASS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMMUNITY PASS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMMUNITY PASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF COMMUNITY PASS OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF COMMUNITY PASS OR THE SERVICES, FROM INABILITY TO USE COMMUNITY PASS OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF COMMUNITY PASS OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH COMMUNITY PASS OR THE SERVICES OR ANY LINKS ON COMMUNITY PASS OR THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH COMMUNITY PASS OR THE SERVICES OR ANY LINKS ON COMMUNITY PASS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Privacy and Date Security
Information We May Collect About You and How We Collect It
We may collect several types of information from and about users of our Services, including information:
- By which you may be personally identified, such as name, postal address, e-mail address, telephone number or any other identifier by which you may be contacted online or offline (“personal information”); and
- About your location, internet connection, the equipment you use to access our sites, and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
- From third parties, including our business partners.
Information You Provide to Us
The information we collect on or through our sites may include:
- Information that you provide by completing forms on our sites. This includes information provided at the time of registering to use our sites or to attend one of our programs, posting material, or requesting services. We may also ask you for information when you report a problem with our sites.
- Records and copies of your correspondence (including email addresses) if you contact us.
- Your search queries on the sites.
Children Under the Age of 18
We do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected].
Information We May Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our sites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our sites, including traffic data, location data, and other communication data and the resources that you access and use on the sites.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the sites(s), along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the sites(s). We may also derive your approximate location from your IP address.
The information we collect automatically is only statistical data and does not include personal information. It helps us to improve our sites and to deliver a better and more personalized service by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our sites according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our sites.
The technologies we use for automatic data collection may include:
- Essential/strictly necessary cookies: Some cookies we use are essential to the functioning of the sites.
- Analytical/performance cookies: Allow us to recognize and count the number of visitors and see how visitors move around the sites when using them. This helps us improve the way the site functions.
- Functionality cookies: Used to recognize you when you return to the sites. This enables us to personalize our content for you, greet you by name, and remember your preferences.
- Targeting cookies: Record your visit to the sites, the pages you have visited, and the links you have followed. We will use this information to make the sites more relevant to your interests.
- Flash Cookies. Certain features of our sites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our sites. Flash cookies are not managed by the same browser settings used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of the sites may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Google Analytics. We use Google Analytics to track how you and others use certain sites in order to manage and improve those sites. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other third-party service, you should contact the responsible provider directly. For information about how you can opt-out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information below.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our sites and their related contents to you.
- To determine if we can provide you with information, products, or services that you request from us, and to do so if possible.
- To fulfill any other purpose for which the information is provided.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our sites or any products or services we offer or provide through it.
- In any other way, we may describe when you provide the information.
- For any other purpose with your consent.
While registration may not be required for you to use a Community Pass site, there may be circumstances in which you choose to register for our services, to attend our events or to receive ongoing updates from Company. In these cases, we may contact registrants to invite them to our events, provide them with information about our services, publications and products, or for other marketing purposes.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or that you provide as described in this Policy:
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including response to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our clients, or others.
- To enforce or apply our Terms and Conditions and other agreements.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Information about Company. If you do not wish to have your contact information used by Company to promote our own or third-party products or services, you can opt-out by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
We do not control third-party collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information
You may send us an email at [email protected] to request access to, correction, or deletion of any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
If you are a California resident, California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”), the Shine the Light Law (the “Law”), and the California Business and Professions Code and Civil Code (the “Codes”). As required by the Act, the Law, and the Codes, we will provide you with the categories of personally identifiable information that we collect through these sites and the categories of third-party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request. We are required to inform you, at your request: (1) the categories of personally identifiable information we collect and what third parties, we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. We are also required to allow you to control who we can and cannot share that information with. To obtain this information, please send a request by email. When contacting us, please indicate your name, address, and what personally identifiable information you do not want us to share with third parties. The request should be emailed to us at [email protected] and labeled “California Customer Choice Notice.” Please allow thirty (30) days for a response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.
Users Outside the United States of America
If you are a resident of a country within the European Union or are otherwise accessing our site from outside the United States of America, by using this site and providing us your information, you hereby explicitly acknowledge and agree to (i) the transfer of such information to the United States and (ii) the collection, use and disclosure of your personally identifiable information in accordance with this Policy.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the sites.