The Federal Reserve Bank of San Francisco and the Urban Institute (together, the “Partners”) operates this Site to provide online access to information about the What Counts: Harnessing Data for America’s Communities book and the initiatives, articles, events and activities related to its content. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). These Terms of Use govern your use of the What Counts website content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.” The Partners reserve the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is December 1, 2014.

Use of Site

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about What Counts: Harnessing Data for America’s Communities. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. The Partners reserve complete title and full intellectual property rights in all Content as described in Section 2. Proprietary Rights. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit or derive another work from any Content obtained from the Site, except as expressly permitted by the Terms of Use.

Proprietary Rights

The Site and the Content are protected by U.S. copyright laws and other laws protecting intellectual property, and all such rights belong to the Partners or their affiliates, contributors or third parties. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Partners. You may not use automated means (such as scripts or web crawlers) to access the Site or to copy or collect data or Content from the Site. You may not manipulate or alter in any way images or other Content on the Site. With regard to content from articles in the “The Book” section of the website or that were published as part of the printed book, What Counts: Harnessing Data for America’s Communities, it may be reproduced in whole or in part provided that it is:
a. For noncommercial, personal, or educational purposes only (i.e., not for private gain), and
b. Appropriately credited to its author or authors, the Federal Reserve Bank of San Francisco, and the Urban Institute.

Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you may leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by the Partners of the third party, the third-party web site, or the information contained therein. The Partners are not responsible for the availability of any such web sites. The Partners are not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of the Partners’ affiliates, partners or service providers, you may and/or will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

Downloading Files

The Partners cannot, and does not, guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Disclaimer of Warranties

The Partners make no express or implied warranties, representations or endorsements whatsoever, with respect to the Site or the Content. The Partners expressly disclaim all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Site, the Content, and any product or service furnished, or to be furnished via the Site. The Partners do not warrant that the functions performed by the Site will be uninterrupted, timely, secure or error-free, or that defects in the Site will be corrected.The Partners do not guarantee the accuracy or completeness of the Content, or that any errors in the Content will be corrected. The Site and the Content are provided on an “as is” and “as available” basis and your reliance on any information provided on the Site is at your own risk. In making a decision regarding the content on the Site, you should contact the Partners as directed on the Site and should not rely on information on the Site.
The Partners do not guarantee that any of the activities, services or programs described on the Site will be available or that you will be eligible to participate in them.

Limitation of Liability

In no event will the Partners be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the Site or the Content, (ii) any transaction conducted through or facilitated by the Site; (iii) any claim attributable to errors, omissions or other inaccuracies in the Site and/or the Content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the Site or the Content, even if the Partners have been advised of the possibility of such damages. If you are dissatisfied with the Site, the Content, or with the terms of use, your sole and exclusive remedy is to discontinue using the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, the Partners’ liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless the Partners, our business partners, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this Agreement.

Privacy

Click here to see the Partners’ Privacy Policy.

User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Site Comments

The What Works website encourages constructive dialogue and comments that advance civil discourse. Comments made on the Site are moderated. Comments that advertise or solicit business are generally not accepted. Those that are unlawful, profane, abusive, defamatory, threatening, or hateful are not tolerated. What Counts reserves the right (but is not obligated) to publish, edit, or modify any contributed content.

General Provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to your use of the Site and the Content. No waiver by the Partners of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors, or other errors or inaccuracies, and may not be complete or current. The Partners therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. The Partners do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, the Partners’ Privacy Policy, your use of the Site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws or provisions.
d. Claims of Copyright Infringement. If you believe that your copyright has been infringed by any of the Content contained on the Site, please contact connect@whatcountsforamerica.org.