Legal Page

Terms and Conditions of Use of Your Account
(“Terms and Conditions”)


You are entering a legally binding agreement.

 

Please read the Terms and Conditions carefully, as your registration of your user account (“Account”) constitutes your acceptance of the Terms and Conditions. Do not register an Account if you are unwilling or unable to be bound by the Terms and Conditions. These Terms and Conditions and the Privacy Policy are included and incorporated within the Terms of Use.

 

The Terms and Conditions shall be a supplement to the Terms of Use.  The definitions contained in the Terms of Use shall be used within the Terms and Conditions.

 

1.

Purpose, Scope and Intent

1.1.

You agree that by registering an Account with the BIEN Program or by providing other information as part of the services provided by MAG related to the BIEN Program you are entering into a legally binding agreement with MAG based upon the terms of the Terms of Use, inclusive of the Privacy Policy and these Registration Terms and Conditions, as may be subsequently amended, revised, updated or replaced, which are hereby incorporated by reference.  If you are registering an Account and using the Site on behalf of a company or other legal entity, you are nevertheless individually bound by the terms and conditions contained herein even if your company has a separate agreement with us.

2.

Permitted Use and Your Obligations

2.1.

Your registration of an Account shall indicate your consent to be legally bound by, and comply with, all of the terms and conditions contained herein. By registering an Account, you represent and warrant that you have read the terms and conditions contained herein and that you have full right, power, and authority to execute, deliver and fully perform you obligations under the Terms and Conditions. At its sole discretion, MAG may periodically modify and supplement the Terms and Conditions at any time and the notice provided to you will be the updating of the Terms and Conditions. You are responsible for regularly checking the Terms and Conditions for revision. Non- material changes will take effect immediately. Material changes will take effect 30 days after their posting. The posting date of each document will be set out at the end of the document. Your continued registration of an Account after such effective date signifies your consent and agreement to be legally bound by, and comply with, all of the modified Terms and Conditions.

2.2.

You represent and warrant that all information provided by you when creating an Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. If your Account relates to a company or other legal entity, you represent and warrant that you have been properly authorized by this company or other legal entity to provide all information provided by you when creating and maintaining your Account. You agree to take full responsibility for maintaining the confidentiality of your Account, including without limitation its user name, password, and all related activity that occurs under your Account user name, to be carried out whether within or outside the Site.  If you violate these Registration Terms and Conditions, MAG may, at its sole discretion, automatically, and without any responsibility nor liability nor the need of judicial authorization, terminate your account, remove or modify any account-related content or access, or take any other action that MAG deems appropriate. We are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account.

2.3.

You agree that in creating an Account and providing User Content you are (1) making information available to users and (2) agreeing to receive requests for communication from other users as permitted under this Agreement.  You expressly agree that we are not responsible for another’s use, misuse or appropriation of any Content you post on the Site.

2.4.

You agree that you will only maintain one Account at any given time.

2.5.

You agree to: (1) keep your password secure and confidential; (2) not permit others to use your Account; (3) not use other’s accounts; (4) not to sell, trade or transfer your Account to a third party; and (5) not to charge anyone for access to all or any portion of your Account or your User Content.

2.6.

You agree that you are solely responsible for anything that happens through your Account until you close down your Account in accordance with these Registration Terms and Conditions or prove that your account security was compromised due to no fault of your own.  To close down your Account, please click here and follow the instructions provided.

2.7.

You agree to comply with the Registration Terms and Conditions, as may be amended from time to time with or without advance notice.

2.8.

You agree that you have read the entire Term of Use (which includes by reference the Privacy Policy and these Registration Terms and Conditions) and that your decision to open an Account and provide information, statements, data or Content to MAG is entirely voluntary on your part and that MAG may process and utilize such information under the terms of the Terms of Use.

3.

Your Right to Register an Account — A Limited License

3.1.

On the condition that you comply with all your obligations and be bound under the Terms of Use, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license and right to register an Account on the Site through a generally available web browser, to view information related to your Account and maintain your Account on the Site that we provide on the BIEN Program webpages and in accordance with the Terms of Use.  The right to cancel, revoke or terminate such registration and use of the Site, shall be at our sole discretion.

3.2.

Any other use of your Account contrary to the Terms of Use, including without limitation contrary to the Purpose, is strictly prohibited and a violation of the Terms of Use.

4.

Your Content

4.1.

By uploading or submitting Your Content, information or data, you automatically grant (or automatically warrant that the owner of the rights to Your Content has expressly granted) MAG a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, display, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of Your Content in any manner and media and by means of any technology now known or hereafter developed.  Due to the automatic nature of the Site, you acknowledge that moral rights on any Content posted, uploaded or submitted by you may not be disclosed properly and therefore you hereby irrevocably waive all moral rights in any such User Content posted, uploaded or submitted by you, including without limitation the right to exercise any claim or action against MAG due to such foreseeable effect.

4.2.

MAG is under no obligation to review any of Your Content submitted, posted or otherwise displayed on the Site and assumes no responsibility or liability whatsoever relating to any of Your Content. You may not imply that any part of Your Content or any other’s Content is in any way sponsored or endorsed by MAG.

4.3.

MAG reserves the right, to refuse to post or to remove at any moment that it may consider convenient or by any reason whatsoever and without any cost or responsibility, any of Your Content at MAG’s sole and absolute discretion.

5.

Account Availability

5.1.

From time to time and without prior notice to you, we may change, expand and improve the accounts on the Site. We may also, at any time, cease to continue operating part or all of the accounts on the Site or selectively disable certain aspects or portions of the accounts on the Site. Any modification or elimination of the accounts will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your registration and maintenance of your Account does not entitle you to the continued provision or availability of your Account.  The Account holder hereby acknowledges that the Site shall continue operating until MAG, at its sole and absolute discretion may determine to be in the best interest of the BIEN Program to discontinue operation of the Site.

6.

Connections and Interactions with other Users

6.1.

You agree that by registering an Account you agree to make information related to your business available for viewing by users.  You further agree to receive invitations from the BIEN Program concerning requests from users to initiate communication with you.

7.

Termination

7.1.

You are under no obligation to register or continue to maintain your Account and may at any time temporarily or permanently terminate your Account.  To terminate your Account, you must close your Account pursuant to section 2.6.

7.2.

We may, at any time in our sole discretion, (i) suspend or terminate your access to and use of your Account or any of their features in response to a breach of the Terms of Use, or for any other reason; (ii) move, edit, delete or destroy any information, data or materials that you provide or deliver in registering and maintaining your Account; (iii) access, preserve, or disclose any information, data or materials that you provide or deliver related to your Account; (iv) close your Account; or (v) take any other remedial action available at law in response to a breach of the Terms of Use.

8.

Indemnification

8.1.

You agree to indemnify and hold MAG, its members, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Registration Terms and Conditions, or (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.  MAG reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims.  You agree not to settle any matter without the prior written consent of MAG.  MAG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9.

Warranty Disclaimer and Limitation of Liability

9.1.

MAG shall have no liability whatsoever related to your Account or to Your Content, including without limitation to the registration, operation, use, availability and closing of your Account, whether by you or by third parties or related to the refusal to permit registration or re-registration of an account.

10.

Miscellaneous

10.1.

Amendment.  We reserve the exclusive right to modify, supplement, amend or replace the terms of these Registration Terms and Conditions, effective as provided for in section 2.1.  You may terminate and close your Account at any time as provided for herein.

10.2.

No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or of your Account.  Your sole right shall be limited to register and use your Account until revoked by MAG at its sole and absolute discretion.

10.3.

Language. Where we may provide you with a translation of the English language version of these Registration Terms and Conditions or any other documentation, you agree that the translation may be provided solely for your convenience and that the English language versions of the Registration Terms and Conditions and any other documentation will govern the Registration Terms and Conditions and your relationship with MAG and the BIEN Program.  The parties have required that the Terms of Use and all related documents be drawn up in English. Les parties ont demandé que ces modalités et conditions ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.  Las partes han requerido que los Términos de Uso y todos los documentos relacionados, sean redactados en idioma ingles.

10.4. Governing Law.  These Registration Terms and Conditions and all actions contemplated by the same and by the Terms of Use and Privacy Policy shall be governed by and construed and enforced in accordance with the internal laws of the State of Arizona, United States of America, including the principles of conflict of laws thereof.  All acts involving the registration, use or operation of any Account or of the Site shall be deemed as accessed, entered, received, perfected or finally accepted, at the place of the location of MAG’s headquarters.  All acts shall be considered as lastly accepted and perfected by MAG and at MAG’s headquarters.

Posting Date: May 5th,  2014

 

 

Legal Notice
(“Terms of Use”)

 

You are entering a legally binding agreement.

 

Please read the Terms of Use carefully, as your use of the “ConnectBIEN.com” web site (the “Site”) constitutes your acceptance of the Terms of Use.  Do not use the Site if you are unwilling or unable to be bound by the Terms of Use.  The Terms of Use include and incorporate the Privacy Policy.  If you register for an account under the Site, the Terms of Use also includes the Registration Terms and Conditions, which shall be a supplement to the Terms of Use.

 

1.

Definitions

a.

A “user” is someone who accesses, browses or in any way uses the Site.  The terms “you” and “your” refer to you, as a user of the Site.  The terms “we”, “us”, “our”, and “MAG” refer to the Maricopa Association of Governments and its members, affiliates and agents.

b.

“Content” means personal data or information, text, images, photos, audio, video, and all other forms of data or communication.  “Your Content” means Content that you submit or transmit to or through the Site, such as invitations, and information that you display as part of your account profile.  “User Content” means Content that users submit or transmit to or through the Site.  “MAG Content” means Content that we create and make available on the Site.  "Third Party Content" means Content that is made available on the Site by parties other than you or MAG.  "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and MAG Content.

c.

“Site” includes without limitation registered accounts, Site Content and digital data and information posted and accessible therein.

2.

Purpose, Scope and Intent

2.1.

MAG has created and established this Site, the Building an International Economic Business Network Program (the “BIEN Program”) to build an international economic network to promote business to business communication involving companies located with a geographic area initially comprising Arizona, Mexico and Canada (as may be subsequently expanded or adjusted) (the “Purpose”).  To carry out the BIEN Program, we make services available through our Site to assist you and other business professionals in meeting, communicating and finding opportunities to achieve expanded business opportunities.

2.2.

You agree that by registering with the BIEN Program or by using the Site or by providing other information as part of the services provided by MAG related to the BIEN Program you are entering into a legally binding agreement with MAG based upon the terms of the Terms of Use, including the Privacy Policy and the Registration Terms and Conditions, as applicable, as may be subsequently amended, revised, updated or replaced, which are hereby incorporated by reference.  If you are using the Site on behalf of an organization, you are not only individually bound by these Terms of Use, but also agreeing to these Terms of Use on behalf of your organization and representing and warrantying that you have the authority to bind that organization to these Terms of Use.

3.

Permitted Use and Your Obligations

3.1.

Your use of the Site shall indicate your consent to be legally bound by, and comply with, all of the terms and conditions contained herein.  By using the Site, you represent and warrant that you have read the terms and conditions contained herein and that you have full right, power, and authority to execute, deliver and fully perform your obligations under the Terms of Use.  At its sole discretion, MAG may periodically modify and supplement the Terms of Use at any time and the notice provided to you or the posting of the Terms of Use in the Site, will be the updating of the Terms of Use.  You are responsible for regularly checking the Terms of Use for revision.  Non-material changes will take effect immediately.  Material changes will take effect 30 days after their posting.  The posting date of each document will be set out at the end of the document.  Any use by you of the Site after such effective date signifies your consent and agreement to be legally bound by, and comply with, all of the modified Terms of Use.

3.2.

You may be required to register and create an account ("Account") with the Site in order to access certain features of the Site. Information gathered through the registration process and information related to your Account will be subject to the Terms of Use, inclusive of the Registration Terms and Conditions and the Privacy Policy.

3.3.

You represent and warrant that you are at least the “Minimum Age” (defined below). “Minimum Age” means the greater of (a) 18 years of age or (b) such age as applicable law requires that you must be in order for us to lawfully provide the services provided under this Site to you (including the collection, storage and use of your information in accordance with our Privacy Policy).  Notwithstanding the foregoing, this Site is not intended for or directed at children under the age of 18 years.

3.4.

You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use and not for any commercial purpose.

3.5.

You agree your use of the Site, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the  United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Asset Control.  You shall not, directly or indirectly, sell, export, re-export, transfer, divert or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities.  You also warrant that you are not prohibited from receiving products, including software or services, which originate in the United States of America.

3.6.

You agree that you will not violate any rights of MAG, third parties, or of other users, including without limitation intellectual property rights such as copyright or trademark rights.

3.7.

You are under no obligation to provide any ideas, suggestions, documents or proposals (“Contributions”) to us.  You agree that in the event you provide any Contributions to us whether through our feedback webpages or otherwise: (1) your Contributions do not contain any information which is confidential or proprietary; (2) we are under no obligation to treat the Contributions as confidential or proprietary; (3) we may have developed information similar to the Contributions prior to your providing the Contributions to us; (4) we shall be entitled to treat the Contributions as we choose in our sole and absolute discretion, including without limitation disclosing such all or part of the Contributions to third parties or to the public; and (5) you irrevocably provide us with a non-exclusive, fully paid, world-wide license to exploit the Contributions without any form of compensation, reimbursement or recognition whatsoever.

3.8.

You agree that you shall not duplicate, download, publish, modify, adapt, create derivative works, appropriate, reproduce, or otherwise distribute, sell, trade, or in any way exploit the materials of this Site or any use, or for any purpose other than as described in the Terms of Use.

3.9.

You agree to provide at your cost all equipment, software, mobile access, and Internet access necessary to use the Site.

3.10.

You agree to comply with all applicable laws and with the Terms of Use, as may be amended from time to time with or without advance notice.

3.11.

If you believe that you are entitled or obligated to act contrary to the Terms of Use under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to the Terms of Use to allow us to determine whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so, or proceed to the termination of your registration and right to use of the Site.

3.12.

You agree that we are under no obligation to notify you of any changes to the Terms of Use and that at our sole discretion we may choose to notify you by any means of our choosing, including without limitation by posting the relevant changes or amended Terms of Use in the Site, placing a banner notice on the Site, sending you an email, written information or calling you using information you provided to us.  You expressly agree that (1) in the event we notify you of any change to the Terms of Use, such notification shall not be deemed to create an on-going obligation to provide further notification and (2) we shall have no liability whatsoever related to notifying or not notifying you of such changes to the Terms of Use.

3.13.

You agree (opt-in) to the receipt of commercial electronic messages (“CEM”) related to the BIEN Program, this Site and any other permitted use under our Privacy Policy.  These CEM may be sent to you directly by MAG or on MAG’s behalf by third parties.  At any time you may withdraw your consent to receive such CEM (opt-out) by contacting MAG by any means MAG uses to contact you and stating that you withdraw your consent.  Even where your consent is withdrawn, MAG may still contact you where such contact is deemed necessary for the proper management of your Account or your use of the Site or where you subsequently opt-in.

4.

Your Right to Use and Access the Site – A Limited License

4.1.

Limited License. On the condition that you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license and right to access the Site through a generally available web browser (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of MAG), to view information and use the Site that we provide on the BIEN Program webpages and in accordance with the Terms of Use.

4.2.

Hyperlinking to the Site. You may create a link (the “Hyperlink”) to the Site provided that:

4.2.1

You do not replicate any of the Content of the Site;

4.2.2.

You do not create a frame or any other bordered environment around the Site or any of the Content contained on the Site;

4.2.3.

The Hyperlink shall not imply any endorsement of any product or services or party;

4.2.4.

The web site linking to the Site does not contain material prohibited under section 5.2; and

4.2.5.

The web site linking to the site does not contain any information, content or material that would interfere with the operation of the Site.

4.2.6.

MAG may withdraw your right to link to the Site at any time in its sole and absolute discretion, in which case you agree to forthwith permanently remove the Hyperlink.

4.3.

Any other use of the Site contrary to the Terms of Use, including without limitation use contrary to the Purpose, is strictly prohibited and a violation of the Terms of Use.

4.4.

We reserve all rights not expressly granted in these Terms of Use, including without limitation title, ownership, intellectual property rights and all other rights and interest in MAG, the BIEN Program and all related items, including any and all copies made of the Site.  You do not acquire or have any ownership, license or other proprietary interest in the Site, Contact or any information contained on or provided by the Site.

5.

Prohibited Use of the Site

5.1.

You shall not use the Site in any way that would interfere with its operation nor submit any information, material or content to the Site that violates any law or the Terms of Use.

5.2.

You agree that Content you will post, upload, publish, transmit or otherwise distribute on the Site will not:

 

  • Be misleading in fact to individuals reading or viewing your User Content;
  • Promote any illegal activity;
  • Be for an individual other than yourself or be on behalf of a company or other legal entity for which you have not been properly authorized to provide such Content;
  • Be offensive, harmful and/or abusive, including but not limited to, contain images depicting or language containing expletives or profanities, obscenities, harassment, vulgarities, sexually explicit material or that promotes bigotry or discrimination against protected classes (e.g., racist/discriminatory speech or imagery);
  • Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment;
  • Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value (including, but not limited to, spam, chain or other mass messaging);
  • Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  • Be inappropriate based on the applicable subject matter;
  • Use the Site for unauthorized advertising or promotional materials, “junk mail,” “spam,” surveys, contests, “chain letters,” “pyramid schemes,” or other form of solicitation materials;
  • Contain material that, in our sole discretion, violates the standards of good taste or the standards of this Site;
  • Contain material that is illegal, or that violates any federal, state, or local law or regulation;
  • Contain language or images intended to impersonate other individuals (including names of other individuals) or offensive or inappropriate user names or signatures;
  • Even if it is legal where you are located, provide information that promotes or facilitates escort services or prostitution; and
  • Contain material that is not in English or Spanish, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

5.3.

By uploading or submitting any User Content, you automatically grant (or automatically warrant that the owner of the rights to such User Content has expressly granted) MAG a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such User Content in any manner and media and by means of any technology now known or hereafter developed.  Due to the automatic nature of the Site, you acknowledge that moral rights on any Content posted, uploaded or submitted by you may not be disclosed properly and therefore you hereby irrevocably waive all moral rights in any such User Content posted, uploaded or submitted by you, including without limitation the right to exercise any claim or action against MAG due to such foreseeable effect.  You acknowledge and agree that MAG may preserve any Content, transmittal or communication by you with MAG through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or MAG’s determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of MAG, its employees, Users of or visitors to the Site, and the public.

5.4.

MAG is under no obligation to review any User Content submitted, posted or otherwise displayed on the Site and assumes no responsibility or liability whatsoever relating to any such User Content. You may not imply that any User Content is any way sponsored or endorsed by MAG, nor that MAG has reviewed, is aware of or approved, or taken any decision or action on any Content submitted, posted or otherwise displayed on the Site.

5.5.

You will not reverse engineer or attempt to derive the source code of the Site.  You will not send automated queries to the Site without the prior written approval of us.  You will not decompile, reverse engineer or otherwise manipulate or work with the software or software architecture of the Site.  You will not use any robot or any other automatic device and you will not use any manual process to monitor or to copy any information in the Site for any unauthorized purpose.  You will not use any automatic device, software, or other routine to interfere with or attempt to interfere with the functioning of the Site.  You will not interfere with the operation of the Site or any other party’s use of the Site.  Any User violating any Terms of Use, shall be responsible for damages generated, to MAG, to other Users or to third parties, including court and attorney fees and expenses.

5.6.

You will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any MAG server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You will not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.  You will not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

5.7.

You agree that you will use the Site in a reasonable manner as it is customary to provide business to business communication in accordance to similar formats, and particularly, will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or MAG’s systems or networks, or any systems or networks connected to the Site or to MAG. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

5.8.

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MAG on or through the Site or any service offered on or through the Site.  You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

5.9.

MAG reserves the right, but not the obligation, to refuse to post or remove any User Content at our sole and absolute discretion.

6.

Site Availability

6.1.

From time to time and without prior notice to you, we may change, expand and improve the Site. We may also, at any time, cease to continue operating part or all of the Site or selectively disable certain aspects or portions of the Site. Any modification or elimination of the Site will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site does not entitle you to the continued provision or availability of the Site.

7.

Disclosure of User Information

7.1.

You acknowledge, consent and agree that we may access, preserve and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including without limitation civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce the Terms of Use; (3) respond to claims of a violation of the rights of third parties; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of MAG, users or the public.  Disclosures of user information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.  It is expressly acknowledged that MAG and the Site are subject to compliance obligations including but not limited to freedom of information requests under the Arizona Public Records Law §39.101 et seq. and you agree to any such disclosure.

8.

Connections and Interactions with other Users

8.1.

You are solely responsible for your decision to interact and your interactions with other users.  MAG may limit (1) the number of times in aggregate you may initiate interaction with another user and (2) the number of times per day (or per other period) you may initiate interaction with other users in aggregate.

9.

Intellectual Property Notices

9.1.

The Site contains and includes the copyrights and other intellectual property rights of MAG and except for the limited license granted to you in section 4.1, we reserve all of our intellectual property and other rights in the Site, the BIEN Program, and all trademarks, service marks, graphics, logos and domain names used in connection with the Site and the BIEN Program are trademarks or registered trademarks of MAG in the United States of America and/or other countries.  Other trademarks and logos used in connection with the Site and the BIEN Program may be licensed trademarks or owned by their respective owners.  The Terms of Use does not grant you any right or license with respect to any such trademarks and logos.

9.2.

You agree to abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Site and maintain such notices in the Content.

9.3.

You agree not to use any trademark displayed on the Site without the express written permission of the applicable owner or authorized agent of the owner of the trademark.

10.

How You May Use Site Content

10.1.

By using the Site, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Site Content (except for your own personal, non-commercial use) from the Site. In addition, you will not use the Site Content for any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning.

10.2.

You are prohibited from data mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Site, or from using other similar methods and tools to gather or extract data from the Site.

10.3.

You may not use the Site to compile data (or any other portion of the Site Content), in a manner that is used or usable by a competitive listing product or service. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning, operation, usage and display of the Sites by any other authorized users and third parties.

10.4.

You are prohibited from modifying or obscuring the manner in which the Site is displayed or used, including framing, scraping or any other technique that would alter the visual display of the Site or Site Content. You may not obscure advertisements displayed as part of the Site, nor modify the advertisements and listings in a way that is unauthorized. Unless expressly authorized by MAG in our sole and absolute discretion, you may not link to the Site (including deep linking to a specific portion of the Site), except as provided for herein. You are not permitted to script searches or search results of the Site in a manner that results in the automated display of Site Content on a third party website.

11.

Registered User Accounts

11.1.

You may be required to register and create an account ("Account") with the Site in order to access certain features of the Site. Information gathered through the registration process and information related to your Account, as well as the creation and maintenance of your Account, will be subject to the Terms of Use, inclusive of the Privacy Policy and the Registration Terms and Conditions, which can be accessed here.  Usernames are the property of MAG and MAG may change your username in our discretion.  MAG may terminate or suspend your Account if you are in violation of these Terms of Use or if MAG reasonably believes your use of your Account or the Site could cause us or other users to incur cost, damage, expense, or liability of any kind.

11.2.

During registration for an Account, you will select a password and account name.  You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your Account.  You agree to (i) immediately notify MAG of any unauthorized use of your password or Account or any other breach of security related thereto, and (ii) log out from your Account at the end of each session.  In addition to any other limitations on liability contained in the Terms of Use, you agree that MAG will not be liable for any loss or damage arising from your failure to comply with this section.

12.

Privacy Policy

12.1.

MAG’s Privacy Policy is a binding and integral part of the Terms of Use.  The Privacy Policy can be accessed here.

13.

Termination

13.1.

You are under no obligation to use or continue to use the Site and may at any time temporarily or permanently cease using the Site.

13.2.

We may, at any time in our sole discretion, and without any responsibility on or liability to MAG, (i) suspend or terminate your access to and use of the Site or any of its features in response to a breach of the Terms of Use, or for any other reason; (ii) move, edit, delete or destroy any materials that you provide or deliver to the Site; (iii) access, preserve, or disclose any materials that you provide or deliver to the Site; or (iv) take any other remedial action available at law in response to a breach of the Terms of Use.

14.

Indemnification

14.1.

You agree to indemnify and hold MAG, its members, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to and use of the Site, (ii) your violation of the Terms of Use, and (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.  MAG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of MAG.  MAG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15.

Warranty Disclaimer and Limitation of Liability

15.1.

Any use of the Site, reliance upon any of the Site Content, and any use of the Internet generally shall be at your sole risk and MAG does not review, edit or censor search results, Content or Third Party links and information. MAG disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the Site Content accessible by use of the Site.

15.2.

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MAG DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE. MAG DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED.

15.3.

IN NO EVENT SHALL MAG BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF MAG IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, (2) THE SITE CONTENT OR THE INTERNET GENERALLY, (3) THE USE (OR INABILITY TO USE), (4) RELIANCE UPON OR PERFORMANCE OF ANY SITE CONTENT CONTAINED IN OR ACCESSED FROM ANY MAG SITE OR A THIRD PARTY SITE, OR (5) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THE SITE. MAG DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER SITE CONTENT ACCESSIBLE FROM THE SITE.

15.4.

THE USER OF THE SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.

15.5.

NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS OF USE OR ANY RELATED DOCUMENT, AGREEMENT OR UNDERSTANDING, YOU EXPRESSLY AND IRREVOCABLY AGREE THAT MAG’S LIABILITY FOR ANY LOSS OR DAMAGES WHATSOEVER CLAIMED BY YOU OR THROUGH YOU OR IN ANY WAY RELATED TO THE SITE, THE BIEN PROGRAM OR THE TERMS OF USE SHALL BE LIMITED IN AGGREGATE TO $100.00 TO THE FULLEST EXTENT PERMITTED UNDER ALL APPLICABLE LAWS.

15.6.

THE ATTORNEY FEES AND OTHER LEGAL COSTS OF THE PREVAILING PARTY ASSOCIATED WITH THE ENFORCEMENT OF RIGHTS UNDER THE TERMS OF USE SHALL BE PAID BY THE NON-PREVAILING PARTY TO THE PREVAILING PARTY.

16.

Dispute Resolution and Governing Law

16.1.

The Terms of Use and any claim, cause of action or dispute (“Claim”) arising out of or related to shall be governed by and construed and enforced in accordance with the laws of the State of Arizona regardless of your country of origin or where you access the Site, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.  You and MAG agree that all claims arising out of or related to the Terms of Use and/or your use of the Site, must be resolved exclusively by a state or federal court located in Maricopa County, Arizona, except as otherwise mutually agreed by the parties or as described in the arbitration option provided in section 16.2 below.  You and MAG agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims.  Notwithstanding the above, you agree that MAG shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction of our choosing.  All acts involving the registration, use or operation of any Account or of the Site shall be deemed as accessed, entered, perfected or finally accepted at the place of the location of MAG’s headquarters.  All acts shall be considered as lastly accepted and perfected by MAG and at MAG’s headquarters.

16.2.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.  In the event a party elects arbitration, they shall initiate such arbitration through an established alternate dispute resolution (“ADR”) provider mutually agreed upon by the parties.  The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be final and may be entered in any courts of competent jurisdiction.

16.3. MAG may use specific rules and WIPO in an ad hoc dispute resolution proceeding that may be similar to the rules for domain name disputes, as is customary for administrators of web sites.

17.

Miscellaneous

17.1.

Third Party Sites.  The Site may include links to other websites (each, a “Third Party Site”).  We do not control or endorse any Third Party Site, and you agree that we are not responsible for the content or the availability of content of such Third Party Sites. The content and information you provided to a Third Party Site may be shared and used on the Site in accordance with our Privacy Policy. Should you not want the content and information you provided to a Third Party site shared and used on the Site, you should adjust your privacy and application settings accordingly on the Third Party Site.  In no event shall MAG be liable to you for the use of the content and information provided by a Third Party Site.  MAG strongly recommends that you fully read the user agreement and privacy policy of any Third Party Site prior to your use of such Third Party Site.

17.2.

Severability. If any provision of the Terms of Use is found by a court of competent jurisdiction or arbitrator to be illegal, void or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to affect the intention of the provision.  If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms of Use will not be affected in any way.

17.3.

Language. Where we may provide you with a translation of the English language version of the Terms of Use or any other documentation, you agree that the translation may be provided solely for your convenience and that the English language versions of the Terms of Use and any other documentation will govern the Terms of Use and your relationship with MAG and the BIEN Program.  The parties have required that the Terms of Use and all related documents be drawn up in English. Les parties ont demandé que ces conditions d’utilisation ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.  Las partes han requerido que los Términos de Uso y todos los documentos relacionados, sean redactados en idioma ingles.

17.4.

Notice to MAG.  Any notice to be given to MAG relating to a Claim must be given by registered mail to the following address:

 

Maricopa Association of Governments
302 North 1st Avenue, Suite 200
Phoenix, AZ, USA
85003
Attention: Claims – BIEN Program

 

Additionally, MAG accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.

17.5.

Informed Consent. You shall not be entitled to argue that you lacked independent legal advice before agreeing to the Terms of Use, on the basis that you failed to consult an attorney, or on the basis that you chose to employ the attorney of another party, or even that you chose to rely only on another party retaining an attorney.

17.6.

Headings for Convenience Only. Thedivision of the Terms of Use into headings, articles and sections is for convenience of reference only and shall not affect the interpretation or construction of the Terms of Use.

17.7.

Entire Agreement. The Terms of Use, inclusive of the Privacy Policy and the Registration Terms and Conditions, as applicable, constitutes the complete and entire expression of the Terms of Use and the relationship between you and MAG with respect to the subject matter hereof, and shall supersede any and all other agreements and understandings, whether written or oral, between the parties.

17.8.

Amendment. We reserve the exclusive right to modify, supplement, amend or replace the terms of the Terms of Use, effective as provided for in section 3.1.

17.9.

No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site.

17.10.

Beneficiaries. The members of MAG are intended third party beneficiaries of the Terms of Use, with a right to enforce the Terms of Use directly against you.

17.11.

Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms of Use.  Any purported assignment and delegation shall be ineffective.  We may freely assign or delegate, full or partially, all rights and obligations under the Terms of Use without notice to you.  We may also substitute, by way of unilateral novation, effective upon notice to you as provided for herein, MAG for any third party that assumes our rights and obligations under the Terms of Use.

17.12.

Potential Other Rights and Obligations. You may have rights or obligations under local law other than those enumerated here if you are located outside the United States of America.

17.13.

DMCA Form. If you believe, in good faith, that any materials on the Site infringe upon your copyrights, please send the following information to MAG in accordance with section 17.4:

 

  • Identify the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow MAG to locate the material, and explain why you think an infringement has taken place. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site is allowed;
  • Identify the allegedly infringing work and include information reasonably sufficient to allow us to locate the material -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
  • Your full legal name, mailing address, telephone number, and e-mail address;
  • 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;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
17.14.

Survival. The following sections shall survive termination of the Terms of Use or cancellation of an Account: 3.3; 3.4; 3.5; 3.6; 3.7; 3.8; 4.2; 4.3; 4.4; 5.4; 7; 8; 9; 10; 11.2; 14; 15; 16; and 17.

Posting Date: May 5th, 2014

 

 

Privacy Policy
This Policy (the “Privacy Policy”)

 

Maricopa Association of Governments and its members, affiliates and agents (“MAG”, “we”, “us”, “our”) provides access to the “ConnectBIEN.com” web site (the “Site”) in support of a program known as the Building an International Economic Business Network Program (“BIEN Program”).
We are committed to protecting the privacy of the Personal Information of users of the Site and Account Holders (collectively, “you”, “your”).

 

1.

Definitions

a. A “User” is someone who accesses, browses or in any way uses the Site or Site Content.
b. “Content” means text, images, photos, audio, video, and all other forms of data or communication.  “Your Content” means Content that you submit or transmit to or through the Site, such as invitations, and information that you display as part of your account profile.  “User Content” means Content that users submit or transmit to or through the Site.  “MAG Content” means Content that we create and make available on the Site.  "Third Party Content" means Content that is made available on the Site by parties other than MAG or its users.  "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and MAG Content.
c. “Site” means the Site, and the software, hardware, tangible and intangible rights or assets, either property, managed, licensed or used by MAG, at its principal place of business, for operating and making available the BIEN Program to internet users, and  includes without limitation registered accounts, Site Content and information posted and accessible therein.
d. “Account Holder” means a user who also registers an account (“Account”) under the Site.
e. The term “Personal Information” means information about a determined or identifiable individual.  This includes but is not limited to your name, address, telephone number, occupation, profession or personal occupation, images, video or photos that may allow proper identification, e-mail address, and any other sensitive information that may be related to race; ethnical condition; political position; religious, philosophical or moral convictions; union affiliation; health condition or sexual preference, or any other considered as personal or sensitive data, regulated or protected under data privacy laws.

2.

Purpose, Scope and Intent

2.1. MAG has created and established this Site as part of the BIEN Program to build an international economic network to promote business to business communication involving companies located with a geographic area initially comprising Arizona, Mexico and Canada (as may be subsequently expanded or adjusted).  To carry out the BIEN Program, we make services available through our Site to assist you and other business professionals in meeting, communicating and finding opportunities to achieve expanded business opportunities.
2.2. The purpose of this Privacy Policy is to set out the principles governing our collection, use and disclosure of the Personal Information we may obtain about you during your visit to or use of the Site or otherwise (the “Purpose”).

3.

Information We Collect from You

3.1. We collect your Personal Information primarily from you. We may also collect it from other sources including agents and contractors or other third parties who represent that they have the right to disclose the information.
3.2. When you register for an Account, we may collect from you certain information, including but not limited to the following: a username, password; your first and last name and email address; mailing address; phone number; and information regarding the business in which you (or your company) is engage (including but not limited to the industry, nature and size of your business).  You agree and warrant to us that you are providing this information in regards to your business and not in any personal capacity, and that the email address, mailing address and phone number provided are used in the operation of your business.
3.3.

From time to time, we may request other Personal Information in order to provide features, functions or services, but you will always have the choice to decide whether or not to provide the requested information.  If you access the restricted access portions of the Site or request certain services, you may be required to provide additional Personal Information.

4.

Your Consent

4.1. We may collect, use or disclose your Personal Information only with your consent or as permitted or required by law.   By providing Personal Information to us, you are consenting to its collection, use and disclosure as set forth herein, and particularly in a manner that MAG may consider in its soles discretion as advisable and beneficial for the best interest of the BIEN Program, including but not limited to the disclosure and related use by Site Users.
4.2. We may also obtain your specific consent in your registration of an Account or other document, or by facsimile, electronic mail or telephone conversations with our employees, representatives or agents.
4.3. We also obtain consent from an individual representing to us that he or she has the authority to provide such consent.
4.4. The form of consent may vary depending upon the circumstances and the type of information, including the sensitivity of the information and your reasonable expectations.
4.5. You may opt in to or out of receiving marketing or promotional communications from us at the time of registering an Account or subsequently by contacting us or by online subscribe / unsubscribe.   You may withdraw your consent for any other identified purposes at any time, subject to legal and/or contractual restrictions and reasonable notice. We may not be able to provide you with a particular service, including without limitation access to an Account or the Site, if you withdraw your consent to certain uses of Personal Information.

5.

What We Do with Your Personal Information

5.1. Personal Information provided by you in connection with your business relationship with us, may be used by, collected by and/or disclosed by us (including our agents and member organizations) for the following purposes:
5.1.1. To evaluate your Account registration application and your eligibility for an Account;
5.1.2. To enable us to enter into contractual relationships with you, including without limitation the Terms of Use, inclusive of the Terms and Conditions;
5.1.3. For contract management and administration;
5.1.4. To provide information and services that you request, and to respond to your comments and inquiries;
5.1.5. To place certain information provided by you on the Site for viewing by Users and to invite communication with other Users;
5.1.6. In top-level aggregated form to attract users and other Account Holders, as well as to expand, reduce and otherwise make changes to the Site (such aggregated reports will not contain personally identifiable information);
5.1.7. For marketing and promotion of services to you;
5.1.8. To meet legal and regulatory requirements or to disclose information when we believe in good faith we are compelled to do so by law, a subpoena, court order, regulatory body or similar legal procedure;
5.1.9. If we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss or to report suspected illegal activity;
5.1.10. In connection with business relationships involving MAG, but only where such third party receiving this Personal Information first agrees to be bound by the terms of this Privacy Policy;
5.1.11. To analyze data individually or in aggregate to assist in our internal economic and demographic projections and to display that aggregated data; and
5.1.12. As may be otherwise authorized by you.
5.2. If your Personal Information is to be used or disclosed for any new purposes, we will, to the extent required by law, identify these new purposes prior to such use or disclosure and, if required, obtain your consent.
5.3. If you invite others to join the Site or to invite communication, we may send a message on your behalf using Your Content as well as other communications, including reminders.  Of course anyone may opt out of receiving such communications by following the instructions in the e-mail.  Even after deleting your Account and any posted information, it may remain visible to others, depending to the extent it has been shared or otherwise distributed by you to other Users.
5.4. We will not sell any of your Personal Information that you provide us or provide to a third party for the purpose of solicitation by a third party.
5.5. We may aggregate information (gather up data across all User Accounts) or anonymize such information that is not publicly available, including User generated Content, in a manner that creates non-identifiable information and disclose such information to third parties for other marketing, promotional, statistical and useful purposes. In these situations, MAG does not disclose to these entities any Personal Information.
5.6. In some cases Personal Information may be disclosed, processed and/or stored outside of the country in which you or we reside, and therefore may be available to government authorities under lawful orders and laws applicable there.

6.

Privacy and the Internet

6.1. On the Site we may also collect information that, alone, cannot be used to identify users. Examples of these types of non-Personal Information include IP addresses, cookies, Internet tags and navigational data.
6.1.1. An Internet Protocol (IP) address is a number automatically assigned to users’ computers when they access the Internet. This number does not identify the user’s name, e-mail address or other Personal Information. This information may be used to perform certain operations including without limitation to measure web site traffic, to help to understand how people are using the web site and to improve the web site and services provided.
6.1.2. “Cookies”are small text files that our Site sends to your browser, which provides information to us about your general Internet usage, such as recognizing repeat visitors and allowing us to understand how and when pages are visited. You may opt to enable a feature in your browser software that will erase cookies or block all cookies, however, some parts of the Site may no longer function properly if cookies are disabled.
6.1.3. Internet tags are smaller than cookies and tell the Site server information such as the IP address and browser type related to a user’s computer. Tags may indicate how many times a page is opened and which information is consulted.
6.1.4. Navigational data (including log files) are used for system management, to improve the content of the Site, for market research purposes and to communicate information to visitors. This may include the web site you came from, your browser type, domain name and time and date of access.
6.2. The Site may contain links to other sites. The provision of these links is for your convenience only, and does not constitute an endorsement, recommendation or approval of such other sites. This Privacy Policy is no longer applicable when you leave our Site by way of links or otherwise. Linked sites may or may not maintain their own independent privacy policies and procedures. You should consult these policies and procedures before providing any Personal Information to these linked sites.

7.

Maintaining the Accuracy of Your Personal Information

7.1. You are solely responsible for the accuracy, completeness and up-to-date aspect of the Personal Information you provide to us.  We shall use reasonable efforts to keep our records of your Personal Information accurate, complete and up-to-date based upon the Personal Information we receive from you.
7.2. You or a person authorized by you, are responsible for informing us about changes to your Personal Information that are necessary to fulfill the identified purposes, such as but not limited to: if your name or address changes; or if a contact person changes.

8.

Safeguarding Your Personal Information

8.1. We take commercially reasonable precautions to protect your Personal Information (regardless of the format in which it is held) against loss or theft, unauthorized access, unauthorized disclosure, copying, use, or modification, through safeguards appropriate to the sensitivity of the Personal Information.
8.2. Access to your Personal Information is only given to our employees who need to know the information and whose duties reasonably so require the information in order to fulfill the identified purposes.
8.3. MAG has adopted physical, procedural and technological procedures, including firewalls, in an effort to keep your Personal Information safe.   Our Site uses SSL technology, which is an open protocol for secure data communications across computer networks.   Data transmitted over the Internet, however, is not guaranteed to be secure and we does not guarantee, warrant or represent that the Personal Information you provide will be transmitted securely or protected completely against interception, loss, misuse or alteration.  MAG accepts no responsibility or liability for any damages that may result where Personal Information submitted by you has not been securely transmitted, or has been intercepted, lost, misused or altered.
8.4. MAG uses commercially reasonable technical, physical, operational and procedural safeguards to protect Personal Information and Your Content from loss, misuse, alteration, and unauthorized access or disclosure. Due to the nature of MAG’s business, including its dependence on the public Internet, MAG cannot ultimately ensure that private communications and Personal Information and Your Content will not be intercepted by third parties or otherwise obtained in ways not described in this Privacy Policy. Although MAG attempts to protect the privacy of users, MAG cannot absolutely guarantee that such information will remain private. While no security measure can guarantee against compromise, MAG regularly reviews and updates its security measures in an effort to provide appropriate security for all information held by MAG.
8.5. We retain your Personal Information only as long as necessary or relevant (1) for the identified purposes, (2) as required by law, (3) as required by agreements with third parties related to the provision of the BIEN Program, (4) where we use your Personal Information to make a decision about your application to register an Account, long enough to allow you access to the information for a reasonable period of time after the decision has been made, and (5) where your Personal Information is the subject of a request from you, for as long as is reasonably necessary to allow you to exhaust any recourse you may have under the law. We shall use commercial reasonable efforts and protocol to dispose of or destroy your Personal Information to prevent unauthorized parties from gaining access to the information.

9.

Special Note About Children

9.1. The BIEN Program and the Site is not directed towards children, nor does MAG believe that the BIEN Program or the Site will be of interest to children.  MAG recognizes, however, the important safety issues regarding children who access the Internet.  MAG does not knowingly collect, use, or disclose Personal Information from children, and is committed to complying with all applicable laws and requirements, such as the United States Children's Online Privacy Protection Act.  To remove the information related to a child who has registered an Account and permanently remove all Personal Information regarding this child from the BIEN Program database, you should contact our Privacy Officer as provided for herein.

10.

Promotional Communications

10.1. When registering an Account, we offer you the option of receiving notification of special offers by us and other promotional information. You must indicate your positive consent to receive this valuable service.
10.2. From time to time, we may request information from you via surveys or otherwise. Participation in these surveys or other means is completely voluntary and you therefore have the choice whether or not to disclose the requested information.  Information requested may include contact information (such as name, email address and shipping address), and demographic information (such as postal/zip code, etc.).  Survey information will be recorded on an individual basis for the purpose of monitoring or improving the quality of the BIEN Program and BIEN Program offerings.

11.

Fraud

11.1. If we suspect fraud by an Account Holder, we may investigate and report any evidence, including personally identifiable information, to law enforcement and to the courts in the course of seeking remedies in law or equity.
11.2. Any suspected breaches to the security of the Site should be immediately reported to our Privacy Officer as provided for herein.

12.

Individual Access

12.1. Subject to restrictions detailed herein and within reasonable terms, you may obtain access to files on your Personal Information by making a formal request to our Privacy Officer.

13.

Account Cancellation

13.1. You may cancel, close and terminate your Account at any time in accordance with our Terms and Conditions.

14.

Language

14.1. Where we provided you with a translation of the English language version of the Privacy Policy or any other documentation, you agree that the translation is provided solely for your convenience and that the English language versions of the Privacy Policy and any other documentation will govern the Privacy Policy and your relationship with MAG and the BIEN Program.  The parties have required that the Privacy Policy and all related documents be drawn up in English. Les parties ont demandé que ces politique de confidentialité ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.  Las partes han requerido que tanto la Política de Privacidad como todos los documentos relacionados, sean redactados en idioma ingles.
14.2. Governing Law.  This Privacy Policy and all actions contemplated by the same shall be governed by and construed and enforced in accordance with the internal laws of the State of Arizona, United States of America, including the principles of conflict of laws thereof.  All acts involving the registration, use or operation of any Account or of the Site shall be deemed as accessed, entered, perfected or finally accepted, at the place of the location of MAG’s headquarters, irrespective of the location of the Site servers.  All acts shall be considered as lastly accepted and perfected by MAG and at MAG’s headquarters.

15.

Our Privacy Policies and Practices

15.1. By using the Site, you consent to the collection and use of your information as MAG has outlined in this Privacy Policy and to the Terms of Use.  MAG reserves the right to change, modify or update the terms of this Privacy Policy at any time without notice.  MAG posts the revised Privacy Policy on the Site and indicates the date of the current statement below, so you know when it was last updated.  You are responsible for regularly checking the Privacy Policy for revision.  Non-material changes will take effect immediately.  Material changes will take effect 30 days after their posting.  Any use by you of the Site after such effective date signifies your consent and agreement to the modified Privacy Policy.
15.2. You may challenge the accuracy and completeness of your Personal Information held by us and ask us to amend the information as appropriate. Under certain conditions as permitted or required by law, we may not provide you with access to your Personal Information kept in our file. Where we refuse your request, we will identify the reasons for refusing the request.  If a complaint is found to be justified, we will take appropriate measures including, if necessary, amending our policies and practices.
15.3.

We have appointed a Privacy Officer who shall be accountable for our compliance with applicable privacy laws and this Privacy Policy.  If you have inquiries regarding your Personal Information held by us or if you wish to address a challenge regarding our compliance with this Privacy Policy, you may contact our Privacy Officer in writing at the address listed below:

Maricopa Association of Governments
302 North 1st Avenue, Suite 200
Phoenix, AZ, USA
85003
Attention: Privacy Officer – BIEN Program


TEL.: 602-254-6300

Contact Us About Privacy Concerns

 

All inquiries and concerns will be fully investigated and responded to by our Privacy Officer.


This Privacy Policy is subject to applicable privacy laws and our right to change it at any time at our sole discretion.

 

Posting Date: May 5th, 2014