ECC privacy policy and the terms and conditions for use of this web site

Following are two policy statements from the Eastlake Community Council: (1) ECC’s privacy policy; and (2) ECC’s terms and conditions for use of its web site, http://eastlakeseattle.org.

Privacy Policy of the Eastlake Community Council

The Eastlake Community Council (ECC) is committed to respecting your privacy. Following is our privacy policy regarding what information we may collect from you, how we use such information, and the choices you have to opt out of this use.

ECC keeps records of individuals and businesses that have contacted it for various purposes, among them to pay dues, make donations, pay for advertising in the Eastlake News, volunteer, pose questions, make comments, and so on. ECC does not sell to or otherwise share this information with outside parties.

Once a year, ECC makes use of U.S. mail to send current members the ECC annual election ballot. Also once a year, ECC makes use of U.S. mail to remind current or former members and donors of the opportunity to renew their membership dues and/or make a donation. ECC also makes use of U.S. mail to send a thank-you to those who have paid membership dues or have made a donation.

ECC makes use of e-mail addresses of current or former members, donors, volunteers, and other individuals to send to them occasional announcements or alerts about upcoming events and other public involvement opportunities; occasionally these announcements also inform them of opportunities to become a dues-paying member, make a donation, or volunteer. The destination e-mail address used is not visible to other recipients, but only to the individual (whose e-mail address it is) in their personal copy of the message. Upon request, ECC will immediately remove anyone from the list of those receiving these e-mail alerts. To be removed from this e-mail list, please contact ECC at info@eastlakeseattle.org.

When you visit this web site (http://eastlakeseattle.org), ECC does not track or record your Internet domain address or any other electronic markers or identifiers about you. Visitors to this web site never receive from ECC or its internet provider Internet Central any kind of “cookie” (a small data file that some other web sites place on the hard drive of your computer when you visit them).

Membership dues, donations, and advertising invoices may be paid by credit or debit card via ECC’s web site. In making such a payment, you provide to ECC the amount and type of your payment, along with your name, mailing address, e-mail address, and (if you choose to provide it) your telephone number and (if you choose to provide them) your preferred volunteer interests. You can also provide this information whether or not it is part of the payment process, because ECC welcomes and involves volunteers whether or not they are dues-paying members.

At no point is ECC ever in the possession of your credit or debit card number, validation code, or social security number—all numbers that are typically used in validating a credit or debit card payment. This is because the only way ECC accepts credit or debit card payments is via our web site, and because the actual payment is done not on ECC’s web site, but rather via a web link to Gravity Payments, a Seattle-based business which, under contract, conducts ECC’s credit or debit card transactions. From the ECC web site’s link you are transferred to the web site of Gravity Payments, where paying involves providing to Gravity Payments your name, e-mail address, and credit/debit card number, as well as additional information at your option. Gravity Payments has its own privacy policy, at http://gravitypayments.com/privacy-policy.

Remember to log off your account and close your browser window when you have finished your visit to either the ECC web site or the Gravity Payments web site. This precaution is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place. No data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to either the ECC web site or the Gravity Payments web site, and you do so at your own risk.

The Eastlake Community Council’s web site (http://eastlakesettle.org) is managed by an ECC board member. The web site is hosted by ECC’s internet provider, a business called Internet Central. Internet Central’s privacy policy (http://oo.net/?page=privacy) is one of the strictest in the industry.

The Eastlake Community Council web site contains links to web sites operated and maintained by third parties, over which ECC has no control. Privacy policies on such linked web sites may be different from the privacy policies of ECC or Internet Central. You access such linked web sites at your own risk. You should always read the privacy policy of a linked web site before disclosing any of your information on such a web site.

Your continued use of ECC’s web site constitutes your acceptance of the practices described in this privacy policy. To help ECC improve our privacy policy and practice, please send us your feedback, to info@eastlakeseattle.org. Thank you for your involvement with the Eastlake Community Council.

Last revised April 22, 2018

Terms and conditions for use of the web site of the Eastlake Community Council

Welcome to the Eastlake Community Council (ECC) web site, http://eastlakeseattle.org, which provides extensive information about ECC and its many activities to build community and make and keep Eastlake a good place to live, work, and play. Your use of this web site constitutes your acceptance of the following terms and conditions, which ECC reserves the right to update or modify at any time without prior notice.

You are responsible for how you use this web site. To promote this goal, we ask you to refrain from certain kinds of conduct that may be harmful to other users or to ECC; and to help ECC in identifying such detrimental actions by other users. ECC may bar anyone from use of its web site for engaging in any of the following actions:
• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• transmit viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• attempt to circumvent any technological measure implemented by ECC or any of our providers or any other third party (including another user) to protect the web site;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the web site; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

Copyright Policy. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Eastlake Community Council web site belong to the ECC and/or third parties (which may include you or other users.) The ECC reserves all of its rights in these assets. Nothing in the present terms and conditions statement grants you a right or license to use any trademark, design right or copyright that is owned or controlled by the ECC or any other third party except as expressly provided in these terms and conditions.

Just as ECC expects to have its own copyright interests respected, ECC also works to ensure that its web site does not misuse anyone else’s copyright interests. We respond promptly to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to ECC at info@eastlakeseattle.org or to ECC c/o Lake Union Mail, 117 E. Louisa St. #1, Seattle, WA 98102:

• Your address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the alleged infringing material is located.
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Hyperlinks to other web sites. To the extent that ECC’s web site contains hyperlinks to outside services and resources, the availability and content of which the ECC does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

Disclaimer. ECC’s web site and the information on it are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, you acknowledge and agree, by your use of this web site, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use, and that the ECC and its officers, directors, agents, and licensors shall not be liable for any damages of any kind related to your use of this web site.

In particular and to the fullest extent permitted by applicable law, the ECC makes no representation or warranty about the accuracy or completeness of content available on or through the web site, or the content of any web sites or online services linked to or integrated with the web site. To the fullest extent permitted by applicable law, ECC and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the web site; (c) any unauthorized access to or use of the servers of our internet provider, Internet Central or of any personal information or user data; (d) any interruption of transmission to or from the web site; (e) any bugs, viruses, worms, trojan horses, or the like which may be transmitted on or through the web site by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted or shared through the web site.

To the fullest extent permitted by applicable law, in no event will ECC or its affiliates be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages (including for the indirect loss of profit, revenue, or data) arising out of or relating to the web site, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advised of the possibility of such damages.

Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless ECC and its agents and licensees from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these terms and conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Arbitration Agreement & Waiver of Certain Rights. You and the ECC agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and ECC hereby waive any right to a jury trial of any claim. All controversies, claims, counterclaims, or other disputes arising between you and ECC relating to these terms and conditions or the web site shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ECC will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or ECC from seeking action by federal, state, or local government agencies. You and ECC also have the right to bring qualifying claims in small claims court. In addition, you and ECC retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these terms and conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these terms and conditions.

If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section of the terms and conditions will be effective or enforceable unless recorded in writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these terms and conditions. This section of the terms and conditions will survive the termination of your relationship with ECC.

Other Provisions. Any action relating to the use of the web site must be brought in the state or federal courts located in King County, Washington. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

These terms and conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any conflict of laws rules or provisions.

Under no circumstances will ECC be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these terms and conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the enforceability of any other provisions.

The failure by ECC to enforce any right or provision of these terms and conditions will not prevent ECC from enforcing such right or provision in the future.

The Eastlake Community Council presents its web site as a public service, and welcomes your use of the web site and your suggestions for its improvement, and for improvement of the above terms and conditions for its use, to info@eastlakeseattle.org.

Last revised April 22, 2018

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