Privacy Policy

EFFECTIVE DATE: July 1, 2019

In this section you will find this website’s Privacy Policy, Terms of Use and Privacy Policy FAQs.

1.0 PRIVACY POLICY
This Privacy Policy applies to www.CABigSur.org (the “Site”) and to other websites, applications, services and mobile applications on or in which this Privacy Policy is linked or referenced. The Services, e.g. Friends of CABS, CABS Associate, are owned and/or operated by the Community Association of Big Sur (sometimes referred to in these Terms as “CABS”, “we” or “us”). We hope that this Privacy Policy helps clarify how we collect and process your information.
This Privacy Policy describes:
a. The information we collect and how we collect it.
b. How we use and process the information we collect.
Please review this Privacy POLICY CAREFULLY BEFORE ACCESSING AND USING THE SERVICES. When you submit information to or through our, you consent to the collection and processing of information as described in this Privacy Policy.
If you have not done so already, please also review our Terms of Use below (“Terms”). The Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action.
IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SERVICES.

1.1 CHANGES TO THIS PRIVACY POLICY
The Effective Date of this Privacy Policy is set forth at the top of this webpage. As we add new features, we may need to modify this Privacy Policy. Whenever possible, we will provide you with advance written notice of our changes. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions. We will not, however, make retroactive changes that reduce your privacy rights unless you affirmatively agree to those changes.

1.2 INFORMATION WE COLLECT
Personal Information” means information associated with or used to identify a specific person. Your Personal Information includes: a. contact data (such as your e-mail address, mailing address, telephone number; and b. preference data (such as comments and selections made through either a CABS Associate or Friend of CABS application)
General Information” is information about an individual’s online activity that, by itself, cannot be used to identify him or her, such as browser type, operating system and the dates/times of Services access.

1.3 HOW WE COLLECT INFORMATION
We collect information that you provide to us and from your use of the Services. The information that we collect and how we process it depends on how you use and access the Services.
a. Information that You Provide to CABS: You may provide us with your Personal Information when you contact us for help or information, create an account to use one of the Services; make a donation to one of our campaigns, or otherwise voluntarily supply your Personal Information to us. We may collect information, some of which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.

b. Information that We Collect When You Use the Services: When you use the Services, we may automatically collect Information about how you interact with the Services, such as: (i) IP address; (ii) domain server; (iii) type of device(s) used to access the Services; (iv) web browser(s) used to access the Services; (v) statistics and information associated with the interaction between your browser or device and the Services; and (vi) referring webpage or other source through which you accessed the Services (collectively, “Usage Data”). Depending on applicable law, some Usage Data is Personal Information and some is General Information.

c. Information Collected from Other Sources: Third parties that assist us with our business operations also collect information (including Personal Information and Usage Data) from you and share it with us. For example, we may use email service providers, like MyEmma, or form service providers, like Jotform, that help us to more effectively administer our communications and programs.

1.4 HOW WE USE, SHARE AND DISCLOSE INFORMATION
a. How We Use Information
We use the information that we collect or that you provide to us to operate, maintain and enhance the Services, including:
i. To present the Services to you and to customize, improve and develop content and functionality that helps us better serve your needs;
ii. To troubleshoot problems with the Services;
iii. To facilitate communication between CABS and you;
iv. To send emails and other communications that display content that we think will interest you, such as news about local events, topics of community interest and volunteer opportunities in Big Sur;
v. To prevent, detect and investigate prohibited or illegal activities, such as claims of copyright infringement and security breaches;
vi. To generate statistical information about how users interact with the Services and conduct analyses to support, improve and enhance the Services (e.g. Google Analytics);
vii. To carry out our obligations and protect our rights arising from any contracts entered into between you and us, including our Terms of Service;
viii. To protect the safety, security and legal rights of other users of the Services;
ix. To send you important administrative information regarding the Services, such as changes to this Privacy Policy or our other policies; and
x. To fulfill any other purpose for which you provide information to us or to which you consent.
b. How We Share and Disclose Information. We may share and disclose information:
i. With third party service providers that we retain to perform functions on our behalf, such as web hosting, data analyses and promotion services providers, communication services providers, e-commerce vendors, and technology and data service providers, that have access to Personal Information needed to perform their functions;
ii. To enforce our agreements with other users or third parties, including in connection with claims of copyright infringement;
iii. To protect the safety and security of users;
iv. To comply with a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process; and
v. If we believe you have or are violating our Terms of Service or in order to protect or defend CABS’s rights or property, even without a subpoena, warrant or other court order.

1.5 ONLINE ADVERTISING, DATA COLLECTION AND “DO NOT TRACK”. CABS does not use Cookies, Other Data Collection Tools, or Online Advertising as defined below.
a. Cookies & Other Data Collection Tools. “Data Collection Tools” means technology that collects information about use of a website and potentially about activities when a person leaves a website and visits other sites on the Internet, such as cookies and web beacons.
b. Online Advertising. Data Collection Tools to help manage online advertising programs.

1.6 CREDIT CARD INFORMATION
CABS does not process your credit card information. Instead, CABS, formerly known as CPOA, has entered into an agreement with Paypal, a third party payment processing service, to collect, store, process and transmit your credit card data when you make a donation to us. Paypal certifies as adhering to the Payment Card Industry Data Security Standards. CABS may transfer Personal Information to Paypal for the purpose of facilitating the transaction, clarifying a dispute or providing a refund. Transactions by PayPal will appear as COAST PROP in your credit card report.

1.7 INFORMATION PROTECTION
CABS has implemented policies, procedures, and safeguards, including secured online connections, designed to protect all information submitted through the Services. We also strive to obligate our agents, contractors and business partners to protect the information that they use or access in connection with providing services to CABS. While we work hard to protect your information, we cannot guarantee the privacy or security of information that you transmit over the Internet. DISCLOSURE OF INFORMATION TO CABS IS AT YOUR OWN RISK. We urge you to take every precaution to protect your information when you use the Internet or store information on your computer, tablet, or mobile device.
All personally identifiable information (PII) is transmitted to CABS via SSL-secured connections. Insecure connections to systems that receive this information are not allowed. All information is stored in an encrypted format by the vendors which provide CABS with the services we use to process PII, and access to the information is restricted to those personnel and contractors with a business need for such access. All vendors who handle PII on CABS’s behalf are certified as adhering to the current Payment Card Industry (PCI) Data Security Standard (DSS).

1.8 LINKS TO OTHER SERVICES
This Privacy Policy applies solely to information collected by or through the Services. As noted in the Terms, the Services may contain plug ins from and links to third-party websites and services (collectively, “Linked Services”). Linked Services are not under the control of CABS and CABS is not responsible for Linked Services. The inclusion of a plug in or a link does not imply endorsement by CABS of the Linked Services or any association with the operators of the Linked Services. CABS does not investigate, verify or monitor the Linked Services. We provide links to Linked Sites for your convenience only. You access Linked Services at your own risk. We encourage you to read about the privacy practices of any Linked Service that you access.

1.9 CHILDREN’S ONLINE PRIVACY PROTECTION ACT
While we are a nonprofit entity not subject to the Children’s Online Privacy Protection Act (COPPA), we do not direct the Services to children under the age of 13, and we do not knowingly collect, store or use personal information about children under the age of 13
If we learn that a child under the age of 13 has submitted information about himself/herself to us, we delete it as soon as possible. If you believe that we have collected Personal Information from a child under the age of 13, please contact us at info@CABigSur.org.

1.10 CALIFORNIA CONSUMER RIGHTS INFORMATION
California Civil Code section 1798.83 law permits residents of California to opt-out of disclosure of Personal Information to third parties for their direct marketing purposes. CABS does not disclose any Personal Information to any third parties.
Under California Civil Code Section 1789.3, we are required to provide California residents with the following specific consumer rights information:
a. The Services are owned and/or operated by CABS, P.O. Box 59, Big Sur, CA 93920.
b. Unless otherwise expressly stated, the Services are provided without charge.
c. To file a complaint regarding any of the Services or to receive further information regarding use of the Services, please send a letter to CABS, P.O. Box 59, Big Sur, CA 93920 or contact us via email at info@CABigSur.org (with “California Resident Request” as the Subject Line). You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at 916.445.1254 or 800.952.5210.

1.11 INFORMATION TRANSMISSION
The Services are based in the United States. The Services are hosted in the United States. If you are visiting the Services from outside the United States, your information may be transferred to, stored and processed in the United States. If you wish to correct or delete your information, please refer to Section 3.4 of this Privacy Policy.

1.12 HOW TO CONTACT US
If you have questions about this Privacy Policy or to request corrections, amendments or deletions to any Personal Information that you have provided through the Services, please contact us at info@CABigSur.org. CABS will use reasonable efforts to supply you with requested Personal Information and correct any factual inaccuracy or delete your Personal Information from our databases. To honor your request, we will need the exact information you wish to correct, amend or delete.

2.0 TERMS OF USE

The Community Association of Big Sur (“CABS,” “we,” or “us“) is a non-profit grassroots organization dedicated to the environmental and community interests of Big Sur. We provide this website, located at www.CABigSur.org (the “Site“) to our users, whether they be nonprofit organizations, volunteers, readers of our newsletters, registered CABS Associates or Friends of CABS, or other visitors to the Services under our Terms of Use.

The following terms and conditions (the “Terms of Use“) form a binding agreement between you and us, and govern your use of the Site and the Services. “You” means the individual person entering this Agreement on his or her own behalf; or, if this Agreement is being entered on behalf of an organization, such as an employer, “you” means the organization on whose behalf which this Agreement is entered, and in the latter case, the person entering this Agreement represents and warrants that he or she has the authority to do so on your behalf.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE. YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO THIS AGREEMENT, TO CREATE OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS BETWEEN YOU AND CABS WITH RESPECT TO THIS AGREEMENT, AS FURTHER DETAILED IN SECTION 18.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email.

2.1 USERS. You may simply browse the Services (a “Visitor“), or you may become a CABS Associate or Friend of CABS (“Member“) through our Site. In the event you join our organization or otherwise provide us with information on the Site or Services, you agree to only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof). Visitors are not required to provide us information, but if you do so, you agree that any such information will be true, accurate, current and complete information.

2.2 MEMBERSHIP. To become a Member, we require your name, mailing address, email address and other related information (collectively, your “Membership Information“).

2.3 PAYMENT. To become a Member you will need to provide CABS with the information necessary to process the applicable payment from you. You may make such payment via credit card or any other manner then available on the Site. By submitting your payment information to us through our third party vendor Paypal, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of such authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because our payment options all require a valid credit card, that only persons age 18 or over are making such donations or paying for Membership. We will not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card. Your membership and/or donations may be tax deductible as charitable contributions, but you should consult your own tax advisor. We do not provide tax, legal or other professional advice.

2.4 OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Services (“Our Technology“) are: a. copyrighted by us and/or our licensors under United States and international copyright laws; b. subject to other intellectual property and proprietary rights and laws; and c. owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Services constitute trademarks, tradenames, service marks or logos (“Marks“) of CABS or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

2.5 RULES REGARDING INFORMATION AND OTHER CONTENT. When you access the Services, you obtain access to various kinds of information and materials, all of which we call “Content.” You are entirely responsible for each individual item of Content that you post on the Site and, as between you and us, you retain ownership and any intellectual property rights in the Content you post. You grant us a non-exclusive, royalty-free, fully paid, fully sub-licensable, worldwide license, under any and all of your copyright and other intellectual property rights related to that Content. You agree that any such Content or any derivative works thereof, except for any personally identifiable information you submit related to your Membership, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include personally identifiable information on the Site, we will not be liable for such disclosure. You agree not to revise Content posted by others, and you represent and warrant that you will not post or use any Content in any manner.

Though we strive to enforce these rules with all of our users, you may be exposed through the Site to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may, but are not obligated to, remove Content from the Site or the App for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on or through the Services whether it violates our content policies or not.

a. Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
b. Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
c. Is false or inaccurate or becomes false or inaccurate at any time;
d. Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
e. Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
f. Misrepresents your identity in any way;
g. Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
h. Advocates or encourages any illegal activity; or
i. Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

2.6 GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Services a good experience for all of our users. You agree not to, and represent and warrant that you will not:

a. Use, reproduce, duplicate, copy, sell, resell or exploit: (i) any portion of the Services; (ii) your use of the Services, or (iii) your access to the Services, in each case for any purpose other than for which the Services are being provided to you;
b. Conduct or promote any illegal activities while using the Services;
c. Upload, distribute or print anything that may be harmful to minors;
d. Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site or the App;
e. Attempt to gain access to secured portions of the Services to which you do not possess access rights;
f. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
g. Use the Services to generate unsolicited email advertisements or spam;
h. Use the Services to stalk, harass or harm another individual;
i. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders or scripts);
j. Interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
k. Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site, the App, or the Content contained on any such web page for commercial use without our prior express written permission;
l. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
m. Mirror or frame the Site, the App, or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

2.7 FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively “Feedback“), you agree we may use the Feedback to modify our Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

2.8 MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.

2.9 PRIVACY. We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. CABS reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

2.10 Third Party Content and Other Websites. Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Services may contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.

2.11 DISCLAIMER OF WARRANTIES. THIS SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE AND THE APP ARE PROVIDED BY CABS “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CABS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services, or that defects in the Site or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

2.12 LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF: a. THE TOTAL AMOUNT OF YOUR DONATIONS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY; AND b. ONE HUNDRED DOLLARS (U.S. $100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

2.13 INDEMNIFICATION. You agree to indemnify, defend and hold harmless CABS, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: a. your use of the Services, including any Content you submit thereto (except to the extent prohibited by law); b. your violation of these Terms of Use; c. your violation of any rights of any other person or entity; d. your Membership; or e. any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.

2.14 RELEASE. You hereby release CABS, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site. You hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in her favor at the time of executing the release, which, if known by her must have materially affected his settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.

2.15 COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
Our copyright agent for notice of claims of copyright infringement on the Services can be reached by mail at: CABS, P.O. 59, Big Sur, CA 93920 or by email at info@CABigSur.org

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Services;
d. Your address, telephone number, and email address;
e. 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; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

2.16 ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 18 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you: a. consent to receive communications from us in an electronic form; and b. agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications“) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

2.17 GENERAL TERMS. You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between you and CABS will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or your use of the Services must be instituted exclusively in the federal or state courts located in Monterey County, California and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

2.18 SURVIVAL. Sections covering limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Content provided by us, Our Technology and the Services, will survive the expiration or termination of these Terms of Use for any reason.

2.19 CONTACTING US. If you have any questions or concerns about our Services, your Membership, or anything else, please contact us at info@CABigSur.org.

2.20 NOTICE VIOLATIONS. We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to info@CABigSur.org or as otherwise expressly provided. Please report any violations of these Terms of Use to info@CABigSur.org.

Last update July 1, 2019.

3.0 PRIVACY POLICY FAQs

The Community Association of Big Sur puts high priority on protecting your privacy.

When you register for special services on one of our sites (e.g. Friend of CABS Application or CABS Associate Application), you give us personal information about yourself (such as name, address, zip code, email address, etc.). We use this information to provide you with. You can always “opt-out” now or at any time later, to keep from getting any unwanted messages or solicitations. If you have any questions, don’t hesitate to contact us directly at any time at info@CABigSur.org.

3.1 What Personally Identifiable Information of Yours is Collected?
This means information that tells us something about who you are, such as your name, phone number, email address, mailing address, or even credit card number (if you use a credit card to make a donation). If you visit our sites to read or download information, such as press releases, we collect and store only the following information about you: the name of the domain from which you access the Internet (for example, aol.com, if you are connecting from an Earthlink account, or duke.edu, if you are connecting from Duke university’s domain); the date and time you access our site; and the Internet address of the web site from which you may have linked directly to our site.

3.2 What Organization is Collecting Your Information?
We are the Community Association of Big Sur, a non-profit, tax-deductible grassroots community organization. We are responsible for any information collected on our web sites. Our organizational site is www.CABigSur.org. We use Google Analytics to help us obtain traffic information about our site.

3.3 How Your Information May Be Used.
We use your personal information to be able to give you personalized service (for example, information about your neighborhood, or your favorite subjects); to send you email alerts; to answer your requests; to let you become an associate online, etc. You can easily opt-out at any time, to stop any further contact from us.

We also use it to track your and others’ use of our web sites; this lets us see which of our features are the most popular so we can better serve our users’ needs. At any time you can opt-out, so that we will not contact you by email, mail, fax, or telephone.

3.4 What Choices Are Available to You Regarding Collection, Use, and Distribution of Your Information?
Now, or at any time in the future, you can correct or update information about yourself, and you can opt-out so that we do not send you any messages or solicitations at all. To correct, update, or opt-out please email info@CABigSur.org and write “CORRECT” or “UPDATE” or “REMOVE ALL” in the Subject line of the email.

3.5 What Kind of Security Procedures Are In Place to Protect Against the Loss, Misuse, or Alteration of Your Information?
We store your personally identifiable information on secure servers. We also use other “anti-hacking” security measures. We accept credit card donations only via a secure third-party server.

3.6 How You Can Access, Update, or Delete Your Information.
You can contact us at info@CABigSur.org to obtain, change, update or delete our records of your personal information, or to change your privacy options.

3.7 “Cookies” Are NOT Used on our Website.

3.8 Changes in Our Privacy Policy.
Should our practices change, this notice will be immediately updated. Regardless of later updates, we will never use the information you submit under this current notice in a new way (in a way not described in this notice) without first providing you an opportunity to opt-out or otherwise prevent that use. See Official Terms and Conditions of using our website.

3.9 Official Terms and Conditions.
The Community Association of Big Sur hereby grants a non-exclusive license to any person to copy and use individual pages and to any member of the media for media purposes, on the condition that the appropriate copyright notice is displayed. Example:

“Copyright © 2019 Community Association of Big Sur. Used by permission.

3.10 Disclaimer .
We do our very best to make all our information accurate. But we do not and cannot guarantee its accuracy. This means that if you rely on it, you cannot hold us at fault for any inaccuracies.

CABS makes no warranties, express or implied, about the accuracy, completeness, or reliability of any of the information it provides to the public.

Changes without notice. We may change any part of this policy, without any separate notice to users. The current policy will always be posted here. We will not change the overall purpose of this policy, which is to protect your privacy consistent with our goals as a non-profit service organization dedicated to protecting the environment of and serving the community of Big Sur.

Last update July 1, 2019.

Address

info@CABigSur.org

PO Box 59 Big Sur,
CA 93920

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