Terms and Conditions of Use

Rosslyn Business Improvement Corporation

This Website (the "Website," or the "Site") is provided to you by the Rosslyn Business Improvement Corporation ("RBIC”), and its partner, Rosslyn Renaissance ("RR" collectively, "we" or "us"). To assist you in using our Website, and to explain the relationship arising from your use of our Site and the Information Services offered through it, we have created (i) these Terms and Conditions of Use (the "Terms"), and (ii) a Privacy Policy. Our Privacy Policy ("Policy") explains how we treat information you provide to us through the Site. These Terms govern your use of our Site. Both our Terms and Privacy Policy apply to: (a) visitors to our Site, (b) anyone using the Information Services we offer through our Site; and (c) RIBC Members and RR Members (collectively, "you" and "your"). These Terms apply only to your use of this Website, and receipt of Information Services, information, or other materials through the Site. These Terms do not apply to Information Services, goods, or information you obtain from RBIC or RR through other means.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE.

1.  Your Agreement.
These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and us. By using the Website you consent to these Terms. In addition, for certain activities on the Site, we may further confirm your consent to these Terms by asking you to click an "I accept" button, referring to these Terms.

2. Obtaining a Password; Use of Your Password.
We may make certain areas of our Site accessible only to those users that have a password. If we do so, and if you obtain a password, please keep in mind that we will treat anyone who uses your password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user id and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to your use of our Website. We also recommend that you notify us immediately if you suspect that someone is using your password in this manner.

3. Grant of Rights To You.
Based on your agreement to comply with these Terms, we grant you the right to access and use all publicly available and, if expressly authorized, password protected areas of our Website in order to: (i) learn more about Rosslyn, VA and our businesses, attractions, events, and lifestyles; (ii) contribute information to our Site; (iii) become a RR Member; and (iv) download and print pages from our Website, but only for purposes of (a) learning about Rosslyn, (b) doing business with those who post on our Website, and (c) participating in Rosslyn events and in our Website community (collectively "Permitted Purposes"). Apart from using the Site for the Permitted Purposes, you may not use, copy, modify, or distribute our Website (or pages from our Site).

4. RBIC Ownership; Reservation of Rights.
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our programs and Information Services, including all associated intellectual property rights, are the property of RBIC and its licensors, or are used under principles of fair use. RBIC retains all rights with respect to the Website except those expressly granted to you in Section 3 (Grant of Rights To You).

5. Submitted Content.
For purposes of these Terms, the term "Submitted Content" means information you submit to our Site, consisting of (a) Business and Community Information, and (b) feedback you provide to us. This information includes, but is not limited to: (i) material you provide to our blog pages, (ii) photographs that you submit for the "My Rosslyn" sections or other sections of our Site, (iii) material that you provide for our events page, (iv) feedback that you provide to us through our Site, (v) questions or comments that you submit to us; and (vi) information regarding local businesses including, but not limited to, that which is provided either RBIC Member or by our RR Members. Submitted Content excludes Personal Information, as set out in our Privacy Policy, except where you include such Personal Information within material you submit for public posting at the Site.

  • 5.1 Grant of Rights in Submitted Content
    If you provide Submitted Content to our Website, by electronic mail or otherwise, we will treat the Submitted Content as non-confidential and nonproprietary to you. By providing Submitted Content (if such features are available to you), you authorize us to use in any manner and to allow others to use, distribute, modify, and copy the Submitted Content, without compensation to you and for so long as we deem warranted (collectively, the "Use Rights").
  • 5.2 Requisite Permissions for Posting of Content; Photographs
    Moreover, in providing us with Submitted Content, you warrant that you have sufficient authority and right to use the Submitted Content, and to provide these Use Rights. For example, by providing us with a photograph of your co-workers enjoying a Rosslyn event, for posting on our Site, you warrant to us that you have obtained permission from your co-workers to post this information.
  • 5.3 Business and Community Information That Contains Personal Information
    Business and Community Information that you provide to us for posting on the Website will, once posted, be publicly available to anyone accessing our Site. Although we may review Submitted Content prior to using it, we make no warranties or representations regarding any Submitted Content or our review of said Submitted Content. In addition, any Personal Information that is included in Business and Community Information will be treated as public Business and Community Information and is expressly excluded from the definition of "Personal Information" as set forth in our Privacy Policy. For example, you may include your name, business address, and email on our blog page. This information will be publicly available, and will no longer qualify as Personal Information. As such, please use discretion when including personal information and details in the Business and Community Information you provide to us.
  • 5.4 Right to Decline Submitted Content
    We expressly reserve the right to refuse to use (or to disable) any Submitted Content that we conclude, in our sole discretion, either violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Website.

6. Code of Conduct.
By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code, you will not:

Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

Seek to obtain access, through "hacking," "scraping," or other means, to material or information that we have not intentionally made available to you on the Website.

Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.

Transmit material through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

7. Revocation or Suspension of Use Privileges.
We reserve the right at any time to terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

8. Disclaimer of Endorsements; Information Accuracy.
The information made available on our Site is made without any endorsement of any kind by either RBIC or RR. RBIC Members and RR Members may opt to pay a fee to have their business contact information displayed as a featured listing. The presentation of a particular business as a featured listing does not, and should not, be interpreted as an endorsement of the business by RBIC Member and either RBIC or RR.
In addition, while we may review information before it is posted on our Site, we do not undertake to validate the accuracy and timeliness of information on the Site. We generally provide sources for the information that appears on the Site. If you have questions concerning the accuracy, timeliness, or completeness of the information on our Site, we encourage you to contact the source of that information directly.

9. Warranty Disclaimer.
Neither we nor (where applicable) any of our Site Vendors promise that the Website will be error-free or uninterrupted, or that the Information Services, other services and features offered on the Site will be provided error-free or uninterrupted or without inaccuracies. The Site, and all of the Information Services and other services on the Site are provided on an "AS IS" and "AS AVAILABLE" basis. Neither we nor (where applicable) any of our Site Vendors warrant or represent that files you download from the Site will be free of viruses, free of inaccuracies, or free of other harmful features. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF RBIC AND RR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE RBIC SITE AND RELATED INFORMATION SERVICES IS AT YOUR SOLE RISK.

10. Links to Third-Party Sites.
Our Website contains links or references to other websites. We have no control over these other sites or their content and do not assume responsibility or liability for any content, opinions, or materials available on them. We do not endorse the content of any third-party site, nor do we warrant that a third-party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you link to any third-party site through our Site, please be aware that you are doing so at your own risk.

11. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL RBIC OR ITS SITE VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE SITE, ITS INFORMATION SERVICES, OR CONTENT. IN NO EVENT SHALL RBIC'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE OR ANY INFORMATION SERVICES YOU RECEIVE FROM RBIC OR RR EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO RBIC OR RR FOR SUCH SITE INFORMATION SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

12. Indemnity.
You agree to defend, indemnify, and hold each of RBIC and RR and the subsidiaries, affiliates, officers, directors, agents, and employees of each harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms or a claim that Submitted Content or other material that you provide to us violates rights held by a third party.

13. Contact for Alleged Copyright Infringement.
We respect the intellectual property rights of others and require that its users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:

Email: webmaster@rosslynva.org

Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.

14. Additional Terms for Certain Information Services.
We may offer certain services on our Website that are subject to additional or different terms and conditions. We will notify you if the service you are using on the Website is subject to terms and conditions that differ from these Terms, and you may decline to participate in such services if you do not agree with the differing terms and conditions.

15. Modifications to these Terms.
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.

16. Assignment.
These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign its rights and obligations under these Terms.

17. Definitions.

  • 17.1 “Aggregate Information” has the meaning set out in our Privacy Policy.
  • 17.2 "Business and Community Information" means information that identifies a Rosslyn business, that publicizes or describes a community or other Rosslyn event, or that illustrates Rosslyn lifestyles, such as photographs, announcements, and other noteworthy Rosslyn information, all as further defined in Section 2 of the Privacy Policy.
  • 17.3 "Information Services" or "Our Information Services" means the information made available on our Site including, but not limited to, information related to living, working, enjoying and visiting Rosslyn, VA.
  • 17.4 “Personal Information” has the meaning set out in our Privacy Policy.
  • 17.5 "RBIC Member"/"RBIC Members" means those users of our Site that are property owners of real property within the Rosslyn Business Improvement Service District and those users of our Site that are tenants and other occupants of the real property of those property owners that register with RBIC.
  • 17.6 "RR Members" means those users of our Site that register to become RR Members. For more information on the benefits of becoming a RR Member, please visit http://www.rosslynva.org/who-we-are/rosslyn-renaissance/membership.
  • 17.7 "Site Vendors" has the meaning set out in our Privacy Policy.
  • 17.8 ”Submitted Content" is defined in Section 5 (Submitted Content) of these Terms.
  • 17.9 "We,” “us,” and “our” refer to RBIC and RR, as applicable.
  • 17.10 “You” and “your” refer to: (i) visitors to our Site, (ii) anyone using the Information Services offered through our Site; and (iii) RBIC Members and RR Members.

18. General.
These Terms shall be governed in all respects by the laws of the Commonwealth of Virginia without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts sitting in the judicial district that includes Rosslyn, Virginia. The parties further agree that any cause of action arising under these terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and the terms and conditions contained herein set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

19. Translations.
These Terms may be translated into languages other than English (collectively, "Translations"). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.

20. Survival.
The following provisions shall survive the termination of these Terms and shall apply indefinitely:

  • Section 4 (RBIC Ownership; Reservation of Rights)
  • Section 5.1 (Grant of Rights in Submitted Content)
  • Section 8 (Disclaimer of Endorsements: Information Accuracy)
  • Section 11(Limitation of Liability)
  • Section 12 (Indemnity)
  • Section 18 (General)
  • Section 20 (Survival)

21. Contact Us.
We welcome your feedback or suggestions. Please contact us at:
webmaster@rosslynva.org

Please refer to Section 13 (Contact for Alleged Copyright Infringement) above if you wish to contact our DMCA agent about matters related to possible copyright infringement.

22. Complete Agreement.
These Terms must be read in conjunction with our Privacy Policy, and the provisions of our Privacy Policy are incorporated herein. To the extent the Terms of Use conflict with the Privacy Policy, the terms of the Privacy Policy will control.

 

Effective Date: August 24, 2008.