Conditions of Use
LAST UPDATED ON February 2, 2023
Download Conditions of Use
Welcome to GoHosted.com, CityCare.com and CityCommunications.com. MJ2 Internet, LLC, dba CityCare and/or its affiliates (“City,” “us” or “we”) provides website features and other products and services to you when you visit or shop at CityCare.com or CityCommunications.com, use City products or services, use City applications for mobile, or use software provided by City in connection with any of the foregoing, or under a Master Services Agreement between you and City (“MSA”) (collectively, “City Services”). City provides the City Services subject to the following conditions (“Conditions of Use”). Please read them carefully.
BY USING CITY SERVICES, YOU ACKNOWLEDGE YOU HAVE READ AND AGREE TO THESE CONDITIONS OF USE.
We offer a wide range of City Services, and sometimes additional terms may apply. When you use a City Service you also will be subject to the guidelines, terms and agreements applicable to that City Service under your MSA with City and/or any Service Agreement or Service Request approved by City (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, the Service Terms will control.
PRIVACY
Please review our Privacy Policy, which also governs your use of City Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any City Service, or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other City Services. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically are deemed to satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any City Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of City or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any City Service is the exclusive property of City and protected by U.S. and international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any City Service are trademarks or trade dress of City in the U.S. and other countries. City’s trademarks and trade dress may not be used in connection with any product or service that is not City’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits City. All other trademarks not owned by City that appear in any City Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by City.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees for City Services, taxes and charges, City or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the City Services. This license does not include any resale or commercial use of any City Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any City Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by City or its licensors, suppliers, publishers, rightsholders, or other content providers. No City Service, nor any part of any City Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of City. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of City without express written consent. You may not use any meta tags or any other “hidden text” utilizing City’s name or trademarks without the express written consent of City. You may not misuse the City Services. You may use the City Services only as permitted by law. The licenses granted by City terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
If you use any City Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to sole accept responsibility for all activities that occur under your account or password. City does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the City Services only under the supervision of a parent or guardian. City reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion as permitted under your MSA.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. City reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant City a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You further grant City and sublicensees the right to use the name that you submit in connection with such content, if they choose.
When posting you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify, defend and hold City harmless against all claims resulting from, or arising out of, content you supply. By posting content, you agree that City has the right but not the obligation to monitor and edit or remove any activity or content. City takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
City respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately so that we can review and take appropriate action.
RISK OF LOSS
All items purchased from City are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the courier, postal carrier or delivery service.
RETURNS, REFUNDS AND TITLE
City does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, City does not take title to the refunded item.
PRODUCT DESCRIPTIONS
City attempts to be as accurate as possible in the description of City Services, products and affiliate products. However, City does not warrant that product descriptions or other content of any City Service set forth on its website is accurate, complete, reliable, current, or error-free. The terms of your MSA, Service Agreement and accepted Service Request set forth the description of City Services provided to you. Unless otherwise provided in your MSA or Service Agreement, if a product offered by City itself (and not one of its merchants or vendors under contract directly with you) is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price or Suggested Price displayed for products on any City Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set paired with other items, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set, priced separately. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by City, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by City is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
OTHER BUSINESSES
Parties other than City operate stores, provide services, market, or sell services and product lines on this site. In addition, we provide links to the sites of affiliated companies, telecommunication carriers, and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. City does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THE CITY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITY SERVICES ARE PROVIDED BY CITY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CITY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CITY SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CITY DOES NOT WARRANT THAT THE CITY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITY SERVICES, CITY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CITY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CITY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CITY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your use of any City Service, or to any products or services sold or distributed by City or through CityHosted.com, CityCare.com or CityCommunications.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent John Casas, 21001 N. Tatum Blvd, Suite 1630-447, Phoenix, AZ 85050. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights since damages would be an inadequate remedy.
APPLICABLE LAW
By using any City Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and City.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of City Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, the invalid or unenforceable term shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Conditions of Use.
OUR ADDRESS
MJ2 Internet, LLC dba CityCare
21001 N. Tatum Blvd
Suite 1630-447
Phoenix, AZ 85050
Please note that this procedure is exclusively for notifying City that your copyrighted material has been infringed and not for requests or inquiries regarding City Services.
Additional City Software Terms
Use of the City Software. You may use City Software solely for purposes of enabling you to use and enjoy the City Services as provided by City, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the City Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the City Software or otherwise assign any rights to the City Software in whole or in part. You may not use the City Software for any illegal purpose. We may cease providing any City Software and we may terminate your right to use any City Software at any time. Your rights to use the City Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain City Software that are specifically identified in related documentation may apply to that City Software (or software incorporated with the City Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any City Service is the property of City or its software suppliers and protected by United States and international copyright laws.
Use of Third Party Services. When you use the City Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, agreements between you and such third parties, terms of use, and fees of these third parties.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the City Software, whether in whole or in part, or create any derivative works from or of the City Software.
Updates. In order to keep the City Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the City Software. If you are a U.S. Government end user, we are licensing the City Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the CIty Software are the same as the rights we grant to all others under these Conditions of Use.
Download Conditions of Use
Welcome to GoHosted.com, CityCare.com and CityCommunications.com. MJ2 Internet, LLC, dba CityCare and/or its affiliates (“City,” “us” or “we”) provides website features and other products and services to you when you visit or shop at CityCare.com or CityCommunications.com, use City products or services, use City applications for mobile, or use software provided by City in connection with any of the foregoing, or under a Master Services Agreement between you and City (“MSA”) (collectively, “City Services”). City provides the City Services subject to the following conditions (“Conditions of Use”). Please read them carefully.
BY USING CITY SERVICES, YOU ACKNOWLEDGE YOU HAVE READ AND AGREE TO THESE CONDITIONS OF USE.
We offer a wide range of City Services, and sometimes additional terms may apply. When you use a City Service you also will be subject to the guidelines, terms and agreements applicable to that City Service under your MSA with City and/or any Service Agreement or Service Request approved by City (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, the Service Terms will control.
PRIVACY
Please review our Privacy Policy, which also governs your use of City Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any City Service, or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other City Services. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically are deemed to satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any City Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of City or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any City Service is the exclusive property of City and protected by U.S. and international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any City Service are trademarks or trade dress of City in the U.S. and other countries. City’s trademarks and trade dress may not be used in connection with any product or service that is not City’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits City. All other trademarks not owned by City that appear in any City Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by City.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees for City Services, taxes and charges, City or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the City Services. This license does not include any resale or commercial use of any City Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any City Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by City or its licensors, suppliers, publishers, rightsholders, or other content providers. No City Service, nor any part of any City Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of City. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of City without express written consent. You may not use any meta tags or any other “hidden text” utilizing City’s name or trademarks without the express written consent of City. You may not misuse the City Services. You may use the City Services only as permitted by law. The licenses granted by City terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
If you use any City Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to sole accept responsibility for all activities that occur under your account or password. City does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the City Services only under the supervision of a parent or guardian. City reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion as permitted under your MSA.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. City reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant City a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You further grant City and sublicensees the right to use the name that you submit in connection with such content, if they choose.
When posting you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify, defend and hold City harmless against all claims resulting from, or arising out of, content you supply. By posting content, you agree that City has the right but not the obligation to monitor and edit or remove any activity or content. City takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
City respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately so that we can review and take appropriate action.
RISK OF LOSS
All items purchased from City are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the courier, postal carrier or delivery service.
RETURNS, REFUNDS AND TITLE
City does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, City does not take title to the refunded item.
PRODUCT DESCRIPTIONS
City attempts to be as accurate as possible in the description of City Services, products and affiliate products. However, City does not warrant that product descriptions or other content of any City Service set forth on its website is accurate, complete, reliable, current, or error-free. The terms of your MSA, Service Agreement and accepted Service Request set forth the description of City Services provided to you. Unless otherwise provided in your MSA or Service Agreement, if a product offered by City itself (and not one of its merchants or vendors under contract directly with you) is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price or Suggested Price displayed for products on any City Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set paired with other items, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set, priced separately. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by City, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by City is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
OTHER BUSINESSES
Parties other than City operate stores, provide services, market, or sell services and product lines on this site. In addition, we provide links to the sites of affiliated companies, telecommunication carriers, and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. City does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THE CITY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITY SERVICES ARE PROVIDED BY CITY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CITY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CITY SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CITY DOES NOT WARRANT THAT THE CITY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITY SERVICES, CITY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CITY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CITY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CITY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your use of any City Service, or to any products or services sold or distributed by City or through CityHosted.com, CityCare.com or CityCommunications.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent John Casas, 21001 N. Tatum Blvd, Suite 1630-447, Phoenix, AZ 85050. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights since damages would be an inadequate remedy.
APPLICABLE LAW
By using any City Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and City.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of City Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, the invalid or unenforceable term shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Conditions of Use.
OUR ADDRESS
MJ2 Internet, LLC dba CityCare
21001 N. Tatum Blvd
Suite 1630-447
Phoenix, AZ 85050
Please note that this procedure is exclusively for notifying City that your copyrighted material has been infringed and not for requests or inquiries regarding City Services.
Additional City Software Terms
Use of the City Software. You may use City Software solely for purposes of enabling you to use and enjoy the City Services as provided by City, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the City Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the City Software or otherwise assign any rights to the City Software in whole or in part. You may not use the City Software for any illegal purpose. We may cease providing any City Software and we may terminate your right to use any City Software at any time. Your rights to use the City Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain City Software that are specifically identified in related documentation may apply to that City Software (or software incorporated with the City Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any City Service is the property of City or its software suppliers and protected by United States and international copyright laws.
Use of Third Party Services. When you use the City Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, agreements between you and such third parties, terms of use, and fees of these third parties.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the City Software, whether in whole or in part, or create any derivative works from or of the City Software.
Updates. In order to keep the City Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the City Software. If you are a U.S. Government end user, we are licensing the City Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the CIty Software are the same as the rights we grant to all others under these Conditions of Use.
