Terms of use

These terms of use (“Terms”) are between you and the Association of Washington Cities (“AWC”) and govern your access to and use of the various web pages and applications operated by AWC, which include the Website (wacities.org), event applications, and AWC social media.

Changes to these Terms

AWC may change these Terms at any time for any reason and without notice, and it is your responsibility to check this page periodically to ensure you are aware of any changes. All changes are effective immediately when we post them. Your continued use of the Website, event applications, and AWC social media after these Terms have changed means that you accept and agree to the changes. The date these Terms were last modified is reflected above.

Website

The Website includes any content, functionality, and services offered on or through wacities.org or AWC applications, whether you are a guest or a registered user. Please read these Terms carefully before you start to use the Website. By accessing or using the Website, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, do not access or use the Website. AWC does not knowingly collect personal information from children or minors as defined by the Children’s Online Privacy Protection Act (COPPA) on its general Website. The collection and use of personal information from minors for purposes of the AWC Center for Quality Communities scholarships is subject to specific notification and consent terms.

Accessing the Website

AWC may change, suspend, or withdraw any part of the Website, including any content, functionality, or services offered on or through the Website, at any time for any reason and without notice. AWC is not liable if the Website is unavailable at any time, for any reason, and for any period. You are responsible for ensuring that anyone who accesses the Website on your behalf is aware of these Terms and complies with them.

You may be asked to provide certain registration details or other information to access some of the content or services offered on or through the Website. Any registration details or other information or materials you provide on the Website are governed by our Privacy Policy, and you consent to all actions we take with respect to your information or materials consistent with our Privacy Policy. You warrant and represent that any registration details or other information or materials you provide on the Website are correct, current, and complete. AWC may terminate your user account at any time without notice to you and for any or no reason.

If you choose or are provided with a username, password, or other security information as part of AWC’s security procedures, you must treat that information as confidential and not disclose it to any other person or entity. Your account with AWC is personal to you, and you agree not to allow any other person to access the Website using your username, password, or other security information. You must notify AWC immediately if someone accesses or uses your username, password, or other security information without your authorization or otherwise breaches AWC’s Privacy Policy or these Terms. AWC may disable your username or password at any time in our sole discretion and without notice to you, including if we determine that you have violated these Terms.

Using the Website

You may use the Website only for lawful purposes and as expressly permitted by these Terms.

You agree not to use or access the Website:

In any way that violates any applicable federal, state, local, or international law or regulation or otherwise gives rise to any civil or criminal liability;
In any way that violates the legal rights of AWC or others or advocates, promotes, or assists any unlawful act or activities;
In any manner that could disable, overburden, damage, disrupt, or impair the Website or interfere with any other party’s use of the Website;
To post or transmit any unsolicited advertising or promotional material without AWC’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar form of solicitation;
To post, upload, or transmit any material that is defamatory, discriminatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
To impersonate any person or misrepresent your identity or affiliation with any person or organization (including, without limitation, by using an email address that does not belong to you);
To advertise or offer to sell or buy any goods or services, unless AWC has expressly authorized you to do so;
To use, post, upload, transmit, or download information or materials that are protected by intellectual property rights, unless you own, control, or have been authorized to exercise those rights;
In violation of any code of conduct or other direction provided or requirements imposed by AWC, including the Privacy Policy and Event Terms and Conditions;
To harvest or otherwise collect information about others, including email addresses, without their consent.
To gain unauthorized access to any part of the Website;
To publish, post, upload, distribute or disseminate any information that is off-topic or that links to material that is off-topic.
To send, knowingly receive, upload, download, use, or re-use any material that violates these Terms, including name or material containing private, personal information without consent; or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which harms AWC or users of the Website, as determined by AWC in its sole discretion.

The Website may contain and provide access to bulletin boards, chat areas, personal web pages or profiles, calendars, forums, and other interactive features that allow users to post, submit, publish, display, or transmit information or materials to other users or the public. You understand and acknowledge that you are responsible for any information or materials you submit or contribute, and you, not AWC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Any information or materials you contribute to the Website must comply with these Terms. AWC is not responsible or liable to any third party for any reason for information or materials you or others post to the Website.

Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Use of or access to third-party websites

The Website may contain links to other websites operated by third parties. These links are provided only for your convenience, and the inclusion of any link does not and should not be construed to mean AWC endorses, controls, or is associated with the link or its operator. AWC accepts no responsibility for any loss or damage that may arise from your use of or access to linked websites. If you decide to access any linked websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

AWC’s use, protection, and disclosure of your information

AWC’s use, protection, and disclosure of any information or materials we collect or you provide to us on or through the Website are governed by our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information or materials in compliance with the Privacy Policy.

As described in the Privacy Policy, AWC reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, request from a governmental entity or regulatory body, or request under Washington’s Public Records Act, without notice to you. If you use the Website to commit a criminal offense, AWC may disclose information about you, including your identity and other personal information, to law enforcement.

The reliability of and changes to the Website

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. You should not rely on information you obtain on or through the Website to make personal, medical, legal, or financial decisions. If you are unsure if or how information on the Website may apply or be relevant to your specific situation, it is your obligation to consult an appropriate professional.

Any reliance you place on information on the Website is strictly at your own risk. AWC disclaims all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

AWC’s monitoring of the Website and enforcement of these Terms

AWC has no obligation to monitor information or materials that you or other users contribute to the Website and does not review all information or materials before or after they are posted. AWC reserves the right to review, remove, refuse to post, or take any other action AWC deems necessary and appropriate with respect to any information or materials contributed to the Website.

AWC has the right to:

Terminate or suspend your access to all or part of the Website, including your user account, without notice to you and for any or no reason;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and
Take appropriate legal action, including referral to law enforcement, for any use of the Website that is illegal, unauthorized, or otherwise violates these Terms.

AWC also has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any information or materials on or through the Website. AWC is not liable to you or any third party for any action taken during or as a consequence of a law enforcement investigation.

Intellectual property rights

AWC owns all intellectual property rights related to the Website and is contents, features, and functionality (including all information, software, text, displays, images, video, and audio), except for any information or materials you or another user posts, uploads, submits, or otherwise contributes to the Website. You do not have a right to use any part of the Website other than as expressly authorized in these Terms or with AWC’s written permission. You are not entitled to compensation for or in relation to any information or materials you contribute to the Website or provide to AWC.

By posting, uploading, submitting, or otherwise contributing information or materials to the Website, you grant AWC and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any of that information or materials for any purpose. You represent and warrant that you own or control all rights in and to the information or materials you contribute and have the right to grant the license described above.

If you believe that your or anyone else’s intellectual property rights have been infringed by content on the Website, including but not limited to information or materials used, posted, or shared by another website user, please contact: website@awcnet.org.

AWC social media

Please read these Terms carefully before you start to use AWC social media (“AWC social media”), which may include Facebook, Twitter/X, YouTube, LinkedIn, Flickr, Vimeo, Instagram, podcasts, or any other social networking platform. AWC social media is not a public forum. By accessing or engaging on AWC’s social media sites, you accept and agree to be bound by these Terms, in addition to the terms of each social media platform. If you do not agree to AWC’s Terms, do not post content or commentary on AWC’s social media pages.

Use of AWC social media

AWC social media may contain links to social media platforms operated by third parties. These links are provided only for your convenience, and the inclusion of any link does not and should not be construed to mean AWC endorses, controls, or is associated with the link or its operator. AWC accepts no responsibility for any loss or damage that may arise from your use of or access to linked websites. If you decide to access any linked websites through AWC social media, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Monitoring of AWC social media and enforcement of these Terms

AWC has no obligation to monitor information or materials that you or other users contribute to AWC social media and does not review all information or materials before or after it is posted. AWC reserves the right to review, remove, refuse to post, or take any other action AWC deems necessary and appropriate with respect to any information or materials contributed to AWC social media.

AWC has the right to:

Block or suspend user access to all AWC social media, without notice to you and for any or no reason;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and
Take appropriate legal action, including referral to law enforcement, for any use of AWC social media that is illegal, unauthorized, or otherwise violates these Terms.

AWC also has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any information or materials on or through AWC social media. AWC is not liable to you or any third party for any action taken during or as a consequence of a law enforcement investigation.

Social media content and commentary

You may use AWC social media only for lawful purposes and as expressly permitted by these Terms. Any posts, comments, replies, or any public commentary containing any of the following may be deleted.

You agree not to use or access AWC social media:

In any way that violates any applicable federal, state, local, or international law or regulation or otherwise gives rise to any civil or criminal liability;
In any way that violates the legal rights of AWC or others or advocates, promotes, or assists any unlawful act or activities;
In any manner that could disable, overburden, damage, disrupt, or impair AWC social media or interfere with any other party’s use of AWC social media;
To post or transmit any unsolicited advertising or promotional material without AWC’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar form of solicitation;
To post, upload, or transmit any material that is defamatory, discriminatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
To impersonate any person or misrepresent your identity or affiliation with any person or organization (including, without limitation, by using an email address that does not belong to you);
To advertise or offer to sell or buy any goods or services, unless AWC has expressly authorized you to do so;
To use, post, upload, transmit, or download information or materials that are protected by intellectual property rights, unless you own, control, or have been authorized to exercise those rights;
In violation of any code of conduct or other direction provided or requirements imposed by AWC, including the Event Terms and Conditions;
To publish, post, upload, distribute or disseminate any information that is off-topic or that links to material that is off-topic.
To send, knowingly receive, upload, download, use, or re-use any material that violates these Terms, including name or material containing private, personal information without consent; or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of AWC social media, or which harms AWC or users, as determined by AWC in its sole discretion.

All posted content and commentary are public records subject to public disclosure under the Public Records Act. AWC reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, request from a governmental entity or regulatory body, or request under Washington’s Public Records Act, without notice to you. If you provide content or commentary that commit a criminal offense, AWC may disclose information about you, including your identity and other personal information, to law enforcement.

The limits of AWC’s legal obligations to you

YOU USE AND ACCESS THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AT YOUR OWN RISK. AWC OFFERS THE WEBSITE “AS-IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER AWC NOR ANY PERSON OR ENTITY ASSOCIATED WITH AWC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, OR THAT THE WEBSITE OR ANY INFORMATION OR MATERIALS OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AWC, ITS AFFILIATES, OR AWC’s OR ITS AFFILIATES’ EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The scope and applicability of these Terms

These Terms constitute the entire agreement between you and AWC regarding the Website, event application, and social media, and supersede all prior and contemporaneous communications and proposals, whether written, oral, or electronic, between you and AWC regarding these services.

AWC may impose other terms and conditions on access to or use of some parts, services, and features of the Website, including but not limited to AWC Jobnet and Salary and Benefit Survey. Those additional terms and conditions are incorporated by reference into and should be construed as consistent with these Terms. To the extent there is a conflict between those additional terms and conditions and these Terms, these Terms control.

The AWC Employee Benefit Trust, a separate legal entity, may provide notices and terms as required by law, and to the extent there is a conflict between those terms and conditions and these, those Terms control.

The AWC Risk Management Service Agency (RMSA), a separate legal entity, may provide notices and terms as required by law, and to the extent there is a conflict between those terms and conditions and these, those Terms control.

The AWC Retro Program may provide notices and terms as required by law, and to the extent there is a conflict between those terms and conditions and these, those Terms control.

Enforcement of these Terms

Washington law applies to all disputes arising out of or relating to these Terms, regardless of conflict of laws rules. All disputes will be resolved exclusively in the federal or state courts of Thurston County, Washington. You and AWC consent to personal jurisdiction in those courts.

If any provision of these Terms is determined to be invalid or unenforceable under applicable law for any reason, that provision shall be eliminated or limited to the minimum extent permitted by law and the remaining Terms will remain in full force and effect.

How to contact AWC

AWC welcomes your feedback regarding these Terms. If you have any comments or concerns about these Terms or the Website, please contact website@awcet.org.

Last modified November 29, 2023.