Terms and Conditions

Agreement between user and http://www.cleveland2030.org/

Welcome to http://www.cleveland2030.org/. The http://www.cleveland2030.org/ website (the "Site") is comprised of various web pages operated by The Cleveland Professional 20/30 Club ("20/30 Club"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

The Site is a Non-profit website.

Our website provides an overview of our organization and a central contact point for event announcements and registrations, as well as a hub for becoming a member. 

Electronic Communications

Visiting the Site or sending emails to 20/30 Club constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Membership Agreement/Membership Plans/Billing/Cancellation

-         Annual Membership Plan. New professional members may elect to be charged a flat fee for an annual (i.e. one year) membership (“Annual Members”). Annual Members will be charged a membership fee of $75 for a period of 12 months starting from the date of purchase.  Renewals extend an Annual Member’s membership for an additional 12 months from the date of purchase.  Annual Members may terminate their membership by providing written noticed to the 20/30 Club at membership@cleveland2030.org but will not be entitled to a refund of any portion of the membership fees. 

-         Monthly Membership Plan. Professional members may also elect to be charged a monthly membership fee for each calendar month of membership (“Monthly Members”). Each Monthly Member’s membership will continue month-to-month and automatically renew unless and until you cancel your monthly membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to become a Monthly Member. We will bill the monthly membership fee to your Payment Method. A Monthly Member must cancel his/her monthly membership before it renews each month in order to avoid billing of the next month's membership fees to his/her Payment Method.

-         Differing Memberships/Promotions. The 20/30 Club may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at such member’s sign-up or in other communications made available to you. You can find specific details regarding your membership with 20/30 Club by visiting our website or emailing us at membership@cleveland2030.org.  

Billing

-         Recurring Billing. By electing to become a Monthly Member and providing or designating a Payment Method, you authorize the 20/30 Club to charge you a monthly membership fee at the then-current rate, and any other charges you may incur in connection with your use of the professional membership (such as taxes or possible transaction fees) to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

-         Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

-         Billing Cycle. The professional membership fee for Monthly Members will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you became a Monthly Member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

-          No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS OR UNUSED EVENT TICKETS/FEES. Following your cancellation of your membership, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members for all or a portion of their unused membership fee, or for an unused or cancelled event fee (each a "credit" or "credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you or similarly situated members to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

-         Payment Methods. You may edit your Payment Method information by visiting our website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

-         Cancellation of Membership or Event Tickets. 

(a) Monthly Members and Annual Members may cancel their membership at any time, and you will continue to have access to the 20/30 Club’s professional member services through the end of your applicable billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR PARTIAL ANNUAL MEMBERSHIP PERIODS. To cancel, visit our website and follow the instructions for cancellation or email us at membership@cleveland2030.org.

(b) All ticket sales, membership fees and sales, and other transactions with the Club are final unless otherwise explicitly written. More information about the 20/30 Club’s purchase policies, questions or extemporaneous circumstances can be directed to membership@cleveland2030.org. 

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 20/30 Club is not responsible for third party access to your account that results from theft or misappropriation of your account. 20/30 Club and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in their sole discretion.

The 20/30 Club does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Links to third party sites/Third party services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of 20/30 Club and 20/30 Club is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 20/30 Club provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 20/30 Club of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.cleveland2030.org/ domain, you hereby acknowledge and consent that 20/30 Club may share such information and data with any third party with whom 20/30 Club has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and members.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to 20/30 Club that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of 20/30 Club or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. 20/30 Club’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of 20/30 Club and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of 20/30 Club or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), and you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

20/30 Club has no obligation to monitor the Communication Services. However, 20/30 Club reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 20/30 Club reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

20/30 Club reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 20/30 Club's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 20/30 Club does not control or endorse the content, messages or information found in any Communication Service and, therefore, 20/30 Club specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized 20/30 Club spokespersons, and their views do not necessarily reflect those of 20/30 Club.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to the Site or posted on any 20/30 Club web page

20/30 Club does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any 20/30 Club Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting 20/30 Club, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. 20/30 Club is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in 20/30 Club's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

The Club may, from time to time, highlight or feature certain members on the Site (e.g. a member of the month). By posting information about such members to the Site, the Club does not endorse, sponsor, or recommend any ideas, products, or services provided by such members.  

Digital Millennium Copyright Act

A. If you are a copyright owner on an authorized agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see § 17 U.S.C. 512(c)(3) for further detail):

•        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that allegedly infringed;

·         Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

·         Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which his to be disabled and information reasonably sufficient to permit the service provider to locate the material;

·         Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and if available, an e-mail address;

·         A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·         A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our DMCA Agent at950 Main Ave., Suite 500, Cleveland, Ohio 44113, Attn: Christopher J. Diehl, Esq. or email: generalcounsel@cleveland2030.org. For clarity only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Club’s general information inbox through: info@cleveland2030.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

·         Your physical or electronic signature;

·         Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was it was removed or disabled;

·         A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

·         Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Columbus, Ohio, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, the Club may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Club’s sole discretion.

International Users

The Service is controlled, operated and administered by 20/30 Club from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 20/30 Club Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. The Club makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. Furthermore, you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Cuyahoga County, Ohio, for any disputes with the Club arising out of your use of this site.

Indemnification

You agree to indemnify, defend and hold harmless 20/30 Club, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 20/30 Club reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 20/30 Club in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE 20/30 CLUB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE 20/30 CLUB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE 20/30 CLUB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE 20/30 CLUB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE 20/30 CLUB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

20/30 Club reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and 20/30 Club as a result of this agreement or use of the Site. 20/30 Club's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 20/30 Club's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by 20/30 Club with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 20/30 Club with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 20/30 Club with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

20/30 Club reserves the right, in its sole discretion, to change the Terms under which the Sites offered. The most current version of the Terms will supersede all previous versions. 20/30 Club encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

20/30 Club welcomes your questions or comments regarding the Terms:

The Cleveland Professional 20/30 Club

Email Address: info@cleveland2030.org

Primary Phone Number: 216.308.8488 

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Effective as of November 13, 2018