Last updated: July 1, 2021
Welcome to Secure Illinois Retirements!
This Terms of Use sets forth the Agreement between you and Secure Illinois Retirements (“we” or “us”) regarding your use of our website and Mighty Networks mobile applications (collectively the “Site”). Please read this Agreement, because it contains important information about your content (you own it!), our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action, and information sharing between Members and Secure Illinois Retirements.
If you cannot agree, don’t use our Site.
1. Using the Site
a. How It Works.
Our service enables people to create or participate in a community dedicated to Secure Illinois Retirements. Secure Illinois Retirements invites in users (“Members”) to connect with each other, to message, and to exchange information and content. Secure Illinois Retirements tailors their Mighty Network by the Members they invite, the conversations they organize, what they call their Mighty Network, and additional branding they may choose to use.
b. Who can use Secure Illinois Retirements.
You must be at least the age of majority in the state or country where you live to create or participate on the site.
c. Registration.
When you set up a profile with Secure Illinois Retirements, you must provide us accurate information. We will treat registration information according to our Privacy Policy. Your name and contact information will be made available to Secure Illinois Retirements. You are responsible for maintaining the confidentiality of your password.
d. Privacy.
Our privacy practices are set forth in our Privacy Policy, which is part of this Agreement. By joining Secure Illinois Retirements, you are sharing personally identifiable information with Secure Illinois Retirements & other Members.
e. Play Nice.
We hope you will take care to keep your interaction with others a positive experience for everyone. You agree to follow the Mighty Networks Acceptable Use Policy (https://www.mightynetworks.com/acceptable-use-policy) at all times. Secure Illinois Retirements reserves the right, but has no obligation or liability for, monitoring any interactions with other Members on the Site. You may also submit a complaint or concern about another Member or Moderator to Info@SecureIllinoisRetirements.org.
f. Termination.
You may close your Member account at any time by going to account settings and disabling your account. We may suspend your use of the Service or the Service at any time for any reason, without any notice. We may terminate your account if you violate the Mighty Networks Acceptable Use Policy or for any other reason.
g. Feedback.
We welcome your feedback and suggestions about how to improve the Secure Illinois Retirements Site. Submit feedback at Info@SecureIllinoisRetirements.org. By submitting feedback, you agree to grant us the right to use it for free.
2. Your Content Stays Yours: You keep complete ownership of all content, but give us permission to show it on our Site. Make sure you have permission to use content that you post on the Site.
a. Your Content.
The Site enables you to add posts, articles, photos, videos, questions, polls, links, files, events, groups, and chat with other Members among other activities. Material that a Member uploads, publishes, or displays to others on our Site is “User Generated Content”. Secure Illinois Retirements Content, including User Generated Content, does not include Data (defined below).
b. You (and the people you license Your Content from) keep complete ownership of all Your Content. By posting Your Content on the Site, you grant us a license to show it on Secure Illinois Retirements, but you and your licensors still own it.
In legalese: In connection with your use of the Site, you hereby grant and will grant Secure Illinois Retirements, Mighty Software, Inc. and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Site in any form, medium or technology now known or later developed, including publication and use on any Integrated Services (as defined below). This license includes the right for us to make Your Content available to other entities and individuals who partner with us in the delivery of the Site. Secure Illinois Retirements may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Secure Illinois Retirements, its Users and the public. The technical processing and transmission of Your Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.
3. Our Content and Materials
a. Data.
You own Your Content and User Generated Content. Secure Illinois Retirements collects and stores data about the Site and Members (collectively, “Data”) in order to run the Site more effectively and efficiently. Our Privacy Policy explains how we do this, and your rights to opt out.
b. Our Licenses to You.
Subject to these terms, including the Mighty Networks Acceptable Use Policy, Secure Illinois Retirements grants you a limited, non-exclusive license to use and access Our Content and Materials and the Site. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
c. No Endorsement or Screening.
Please note that the Site contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within the Site, or the conduct of parties who participate on the Site. In an effort to provide information to you we may link to websites operated by third parties. Please note that we have no control over these linked websites, all of which have separate Terms of Use and privacy and data collection practices independent of us. Please review the privacy policy of any third-party website that you have linked to from this website before use. We seek to protect the integrity of this website and the links placed upon it and therefore requests any feedback about this website and for websites it links to as well. The information practices of companies collecting data on our site or websites linked to our Site are not covered by our Privacy Policy.
4. Rights and Obligations of Hosts
a. Contact Information of Members.
The name and contact information of Members who register to join Secure Illinois Retirements is made available to Secure Illinois Retirements in order to facilitate communications. Secure Illinois Retirements may use the contact information of Members solely to communicate with a Member for purposes related to Secure Illinois Retirements or the reasonably assumed interests of the Member who has joined the Site. In no event will Secure Illinois Retirements: i) sell contact information of a Member to a third-party, or ii) or use or disclose it for commercial purposes unrelated to the mission of Secure Illinois Retirements or the interest of a Member who joined Secure Illinois Retirements.
b. Member Data.
Secure Illinois Retirements is provided access to certain Data, which may be aggregated or personalized, in order to facilitate Member engagement and communications. Secure Illinois Retirements will not sell or share Data accessible from the Site to third parties.
c. Takedown Assistance.
In the event that a party misdirects a takedown request directly to Secure Illinois Retirements (within or outside of the Site), Secure Illinois Retirements will redirect the takedown request directly to legal@mightynetworks.com within two (2) business days.
e. Data Processing Addenda.
Effective May 25, 2018, this Agreement includes the EU Data Processing Addendum. This agreement includes the CCPA Data Processing Addendum, effective January 1, 2020.
5. Integrated Services
You may enable various online services like Facebook to be integrated into your Mighty Networks Member account or Mighty Network (“Integrated Services”). For example, you may be able to share or access your Mighty Network activity on Integrated Services such as Facebook. To take advantage of these features, we may ask you to register for or log into the Integrated Services on the websites of their providers. By enabling Integrated Services in connection with the Service, you are allowing us to pass to, and receive from, these Integrated Services your login information and other Data for use in connection with the Service and/or the Integrated Services. For more information about the implications of activating these Integrated Services and our use, storage, and disclosure of information related to you and your use of such services within Mighty Networks (including your friend lists and the like), please see our Privacy Policy. However, please remember that your use of any Integrated Services, and the manner in which any Integrated Services offer or perform their services and collect, use, store, and disclose your information is governed solely by the terms of use, privacy policies, and other policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Services or any other third party site or service, whether or not they are directly enabled within the Site.
6. Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SECURE ILLINOIS RETIREMENTS AND MIGHTY SOFTWARE, INC. ENTITIES TO YOU. “MIGHTY SOFTWARE, INC. ENTITIES”, AS USED IN THIS SECTION MEANS MIGHTY SOFTWARE, INC., SECURE ILLINOIS RETIREMENTS, AND ANY RESPECTIVE SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
a. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MIGHTY SOFTWARE, INC. ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
b. SECURE ILLINOIS RETIREMENTS AND MIGHTY SOFTWARE, INC. MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. MIGHTY SOFTWARE, INC. AND SECURE ILLINOIS RETIREMENTS MAKE NO WARRANTY THAT (a) THE SERVICE OR ANY MIGHTY NETWORK WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY MIGHTY NETWORK, WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY MIGHTY NETWORK, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
c. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, MIGHTY SOFTWARE, INC. ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY.
7. Indemnification
You agree to release, indemnify, and defend Secure Illinois Retirements from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Site, ii) Your Content, iii) your conduct or interactions with other Members of the Site, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim.
You also agreed to release, indemnify, and defend Secure Illinois Retirements and other Members from all third-party claims and costs arising out or related to: i) your use of the Site, ii) Your Content, iii) your conduct or interactions other Members, or iv) your breach of any part of this Agreement.
8. Dispute Resolution, Arbitration, and Class Action Waiver
We hope that our customer success team can resolve any issues you may have. However, if that does not work, then both parties agree to resolve any dispute arising out of these terms exclusively by individual, binding arbitration. The term “dispute” is to be given the broadest possible meaning that will be enforced, and will include disputes related to your use of the Site, this Agreement (including the scope of this provision), regardless of whether such disputes are based in contract, tort, statute, fraud, unfair competition, or some other legal theory. Disputes regarding privacy shall be resolved by the mechanisms outlined in our Privacy Policy.
The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.
Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to Info@SecureIllinoisRetirements.org. If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below.
The American Arbitration Association (AAA) will administer the arbitration, and the arbitration will be governed by the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by these terms. Those rules and information about how to start arbitration are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by these terms. The arbitration will be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us according to the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a state or federal court located in Cook County, Illinois, and that the parties both submit to the personal jurisdiction of such courts. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.
If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to Info@SecureIllinoisRetirements.org that includes your actual name and Member user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
9. General Legal Terms
a. Changes to these Terms.
We may amend this Agreement (including any policies, such as the Privacy Policy, Mighty Networks Acceptable Use Policy, Mighty Networks Copyright Policy , and Mighty Networks Trademark Policy that are incorporated into this Agreement) at any time in our sole discretion. If we amend the terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Site, or other manner. You can view the Agreement at any time at here. Your failure to cancel your account, or cease use of Secure Illinois Retirements, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Secure Illinois Retirements Site.
b. Governing Law and Jurisdiction.
You agree that Secure Illinois Retirements is operated in the United States and will be deemed to be solely based in Illinois and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Cook County, Illinois and governed by the laws of the state of Illinois, without regard to any conflict of law provisions.
c. Use Outside of the United States.
Secure Illinois Retirements and Mighty Software, Inc. expressly disclaims any representation or warranty that the Site complies with all applicable laws and regulations outside of the United States. If you use the Site outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Site.
d. Export.
The Site is controlled and operated from our United States offices in Illinois. Mighty Networks software is subject to United States export controls. No software for Mighty Networks may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
e. Applications and Mobile Devices.
If you access the Site through a Mighty Networks mobile application, you acknowledge that this Agreement is between you and Mighty Software, Inc. only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
f. Survival.
The following provisions will survive expiration or termination of this Agreement: Sections 1(f)(Termination), 1(g)(Feedback), 2, 3, and Sections 6-9.
g. Notice for California Users.
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: a portion of the Site is provided by Mighty Software, Inc., located in Palo Alto, California. If you have a question or complaint regarding the Site, please contact Mighty Software, Inc. at support@mightynetworks.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
h. Government End Users.
Any Mighty Networks software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202- 1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.
i. Assignment.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
j. Electronic Communications.
You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
k. Entire Agreement / Severability.
This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Site and constitutes the entire agreement between you and us regarding the Site. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
l. Interpretation.
In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
m. Notices.
All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via Info@SecureIllinoisRetirements.org. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
n. Relationship.
This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
o. Waiver.
No waiver of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
p. Further Assurances.
You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
q. Contact.
Feel free to contact us at Info@SecureIllinoisRetirements.org with any questions about these terms.
r. Agreement to Terms.
When you use the Site, you agree to the terms of use set forth in this agreement (including the Privacy Policy and Mighty Networks Acceptable Use Policy), regardless of whether you are a registered user.
s. Changes to the Site.
We are always trying to improve your experience on the Site. We may need to add or change features and may do so without notice to you.