Legal

City Explained, Inc. and the City Explained, Inc. graphic logo are trademarks of City Explained, Inc. All other City Explained, Inc. product names, service marks, slogans, and logos referenced in this Web site are trademarks, service marks, registered trademarks, or registered service marks of City Explained, Inc. All other company or product names referenced in this Web site are trademarks of their respective owners

CommunityViz®, Scenario 360™, Scenario 3D™ and TimeScope™ trademarks of Texas A&M AgriLife Extension Service.

ArcGIS® and ArcView™ are trademarks of Esri.

Google Earth® is a registered trademark of Google, Inc.

Trimble SketchUp® is a registered trademark of Trimble.

3ds Max™ and Maya™ are trademarks of Autodesk.

City Explained, Inc. does not review specific requests for guidance concerning the use of trademarks, service marks, logos, or other product names. To the extent this Web site does not provide answers to your specific questions please consult your legal counsel.

If you have a trademark question pertaining to an existing agreement or other business agreement with City Explained, Inc., please contact us.

City Explained, Inc. does not advise others on the scope of intellectual property rights. City Explained, Inc. does not permit or consent to any name, logo, trademark or service mark to be used that could be confused with or dilute City Explained, Inc.’ trademarks. If you have any questions, you should consult your legal counsel.

City Explained, Inc. is committed to respecting the intellectual property rights of others and requests the same of our customer. City Explained, Inc., in its sole discretion, may terminate the accounts and access rights of users who infringe or otherwise violate others’ intellectual property rights.

City Explained, Inc. respects your privacy, and we are careful about how we collect, store and use your personal information during your visit to this site. Below are the guidelines we use for protecting the information you provide us during a visit to our Web site or when you use our online applications or software. These guidelines may be expanded or updated as we modify our site. We recommend that you review this policy from time to time to see if it has changed.

Who we are

The name of our company is City Explained, Inc., and we are a company located in North Carolina, in the United States that, among other things, provides software that assists planners, resource managers, local and regional governments, and many others to help them make decisions about development, land use, transportation, conservation and more.

What Is This?

This is a privacy policy and the reason we have it is to tell you how we collect, manage, store, and use your information.

Just so we’re clear, whenever we say “we,” “us,” “our,” or “ourselves”, we’re talking about City Explained, Inc. and whenever we say “you” or “your,” we’re talking about the person or business who has decided to use our services. And since we do a lot of different stuff, when we talk about our services, we mean any of our websites or apps; or any features, products, graphics, text, images, photos, audio, video, or similar things we use.

Why Are We Showing You This?

We value and respect your privacy. That is why we strive to only use your information when we think that doing so improves your experience in using our services. If you feel that we could improve in this mission in any way, or if you have a complaint or concern, please let us know by sending us your feedback to the following email address: info@city-explained.com.

Our goal is to be as transparent and open about our use of information and data as possible, so that our users can benefit from both the way they provide information and how we use it.

This privacy policy should be read along with our Website Terms, posted at https://communityviz.city-explained.com/legal.html. That’s another big part of what we do, so please review it and follow its process for questions or concerns about what it says there.

Information Collection and Use

In using the services, you may be asked to provide us a variety of information– some of which can personally identify you and some that cannot. We may collect, store, and share this personal information with third parties, but only in the ways we explain in this policy. Here’s how we do it and why we do it:

A. Personally Identifiable Information: How we collect it.

Personally identifiable information is data that can be used to contact or identify a single person. Examples include your name, your phone number, your email, your address, and your IP address. We collect this kind of information in the following ways:

  • Information you give us: We collect names, email addresses, and mailing addresses whenever someone completes or submits the purchase page in our online storefront portal. Information for company name, telephone number, and fax number may also be submitted if volunteered by the person who submitted the information.
  • We use cookies through our customer license portal, which uses temporary (session) cookies to control the look and feel of the portal. This is particularly used for customer renewals.
  • We collect your IP address when you activate your CommunityViz software license to track how many activations have been made and to help troubleshoot any activations that fail.
  • Additionally, our web site’s shopping cart uses cookies.
  • Finally, our website uses cookies to track users’ movement across our site.
  • Our payment process collects personally identifying information. The details related to that process are described in Section C, below.
  • We do not collect health data, biometric data, ethnic data, or other sensitive data.

B. Personally Identifiable Information: How we use it.

City Explained, Inc. uses your information to assist you in the following ways:

    • Contact you via email about reminders to renew your license for the software.
    • Include you in our email distribution list database to provide you with updates on our services and things we offer, including new CommunityViz software releases. Individuals can request removal of their name and email address from the database anytime.
    • Fulfill the orders you place with us.
    • Provide you our services.
    • Process and complete transactions you make with us, such as payments for our CommunityViz software.
    • Improve our website performance.

C. Who We Share Your Information With and Why

City Explained, Inc. only shares your information with third parties in the following ways and for the following purposes:

    1. We share your name and email address with a third party, currently Concept Software, Inc., to process and manage CommunityViz software licensing.
    2. We share your name, address, and credit card or other payment information with a third party, currently Authorize.Net and our merchant services provider, BB&T Bank, to process credit card payments.
    3. We will share all collected information to the extent necessary and as required by law or to comply with any legal obligations, including defense of our company.

D. Your Choices in What Information You Share

Other than the cookies collected by our website hosting provider, currently Go Daddy, we do not require you to provide any personal data unless you purchase our software. Our process for collecting information (other than the cookies collected by our website hosting provider) begins when you purchase the software. We will request your consent to use your data at that time. We require your personal data as part of your contract with us so we can provide you our services. We will not use your data for more than the purpose for which it was collected.

E. How Long We Keep Your Information

For anyone who has purchased our software, we will retain your Personally Identifiable Information until you request in writing that we delete or otherwise remove your Personally Identifiable Information. A request to delete or otherwise remove your Personally Identifiable Information will also be forwarded to our software license manager, currently SoftwareKey System owned by Concept Software, Inc., to remove your information from their database. Our business cannot control the actions of third parties, including Concept Software, Inc.

Furthermore, when we process information, we retain a record, to the extent reasonably possible, of the following information: the processor, purpose of the processing, categories of individuals and data involved, nature of disclosure, if there is a transfer of information over national boundaries, the length of time the information will be held before erasure, and the security measures involved.

F. Where We Keep and Transfer Your Information

Our business is operated in the United States and third parties with whom we share your information are as well. Our servers are located here and this is where your data and information will be stored.

Please be aware if you are a citizen of another country, and if you live in Europe in particular, that your information will be transferred out of your home country and into the United States. The United States might not have the same level of data protection as your country provides.

Based outside of the EU, we do not focus our business in the EU. Our processing of personal data from individuals in the EU is occasional and is not targeted to reveal race; ethnicity; political, religious, or philosophical beliefs; trade union memberships; health; sexual activity; or, sexual orientation.

If you would like more information about this, please email us at info@communityviz.com.

G. EU Rights to Information

According to the laws of the European Union (except for limited exceptions, where applicable), anyone in those countries has the right to:

  • Be informed about their data and its processing;
  • Have access to their data;
  • Correct any errors in their data;
  • Erase data from our records;
  • Restrict processing and use of data;
  • Data portability;
  • Object to the use of their data, including for the purpose of automated profiling and direct marketing; and
  • Make decisions about automated decision making and profiling.

City Explained, Inc. respects each of these rights for all of its users, regardless of citizenship. If you have any questions or concerns about any of these rights, or if you would like to assert any of these rights at any time, please contact info@city-explained.com. Before we use your information in any way not authorized in this privacy policy, we will contact you to request your informed consent.

Protecting Your Information

A. Keeping it Safe

City Explained, Inc. makes reasonable and commercially feasible efforts to keep your information safe. Though we are a small business, we have appropriate security measures in place to prevent your information from being accidentally lost, used, or accessed in an unauthorized way. We restrict access to your personal information to those who need to know it, are subject to contractual confidentiality obligations, and may be disciplined or terminated if they fail to meet these obligations. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

We also:

  • Encrypt many of our services using SSL, and
  • Regularly review our processes to consider if there are any additional improvements we can make to our systems.

That said, no organization or business can guarantee 100% data protection. With that in mind, we also have procedures in place to deal with any suspected data security breach. We will inform both you and any applicable authorities of a suspected data security breach, as and when required by law.

B. Links to Other Websites

Our site has links to the sites, content, and services of other businesses, suppliers, advertisers, sponsors, and other third parties. Any products or services found through a link to any of these other sites are subject to separate privacy policies. City Explained, Inc. is not liable for any content provided or actions taken by such third parties.

C. Do Not Track Signals

Some technologies, such as web browsers or mobile devices, provide a setting that when turned on sends a Do Not Track (DNT) signal when browsing a website or app. There is currently no common standard for responding to DNT Signals or even in the DNT signal itself. Except as otherwise described in this Agreement, we do not track your web browsing.

D. Use by Minors

This website, its content, and our services are not intended for anyone under the age of 13. City Explained, Inc. does not knowingly collect information from those under the age of 13. If City Explained, Inc. learns it has accidentally collected such information, it will be deleted.

If you are a parent and your minor child has provided us personal information, you have the right to contact us and require that we: (a) permit you to review the personal information provided, and (b) remove and delete the personal information provided. To do so, upon you contacting us, we must take reasonable steps to confirm you are the parent. You may contact us for such a request at any time at info@city-explained.com

E. Compliance with Regulators

We regularly review our privacy policy to do our best to ensure it complies with any applicable laws. Ours is a small business, but when we receive formal written complaints, we will contact the person who made the complaint to follow up as soon as practicable. We will work with relevant regulatory authorities to resolve any complaints or concerns that we cannot resolve with our users directly.

You also have the right to file a complaint with the supervisory authority of your home country, where available, relating to the processing of any personal data you feel may have violated local regulations.

General Information for Your Further Understanding

A. No Unsolicited Personal Information Requests

We will never ask you for your personal information in an unsolicited letter, call, or email. If you contact us, we will only use your personal information if necessary to fulfill your request.

B. Changes

Our business and the services we provide are constantly evolving. We may change our privacy policy at any time. If we change our policy, we will affirmatively request that you consent to the new policy or email you for consent at that time. We will not reduce your rights under this policy without your consent.

C. Complaints

City Explained, Inc. respects the rights of all of its users, regardless of location or citizenship. If you have any questions or concerns about any of these rights, or if you would like to assert any of these rights at any time, please contact info@city-explained.com

D. Questions about Policy

If you have any questions about this privacy policy, contact us at: info@city-explained.com. By accessing any of our services or content, you are affirming that you understand and agree with the terms of our Privacy Policy.

Please read carefully before using this Web site

  1. General. City Explained, Inc. may from time to time change the Terms by updating this Web page. Your use of our Site following any such change constitutes Your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to You, Your only recourse is to terminate Your use of the Site. City Explained, Inc. may also change, move or delete portions of, or may add to, our Site at any time from time to time.
  2. Copyright and Trademark Notice. This Site and the entire contents of this Site, including but not limited to, text, photographs, graphics, illustrations, software, video, sound and all other material (all such content collectively referred to as “Content”) are protected under United States and international copyright or trademark laws and are the property of City Explained, Inc. or its third party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, “Marks”) of City Explained, Inc. or its third party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, or otherwise using any Content or any Marks in any form or by any means without the express written permission of City Explained, Inc. is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
  3. Content. The Site and its Content are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Content displayed on the Site for the sole purpose of using the Site as a personal resource. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software. Notwithstanding the foregoing, there may be certain locations on the Site that permit You to download and use certain Content. All use of such Content will be subject to the terms and conditions of applicable agreement.
  4. Use of Downloadable Software. Any software that may be downloaded from this Site is licensed subject to the terms of the applicable license agreement. Except for rights granted pursuant to such license agreement, City Explained, Inc. and its licensors reserve all intellectual property rights, title and interest in such software.
  5. Partner and other Third Party Descriptions. This Site contains information concerning various third parties (often referred to as “partners”) who offer products or services compatible with City Explained, Inc. products. This information is provided for your convenience only. City Explained, Inc. is not responsible for and does not warrant any third party product or service or the accuracy of any description.
  6. Your Comments. We appreciate Your comments, remarks, feedback, suggestions, ideas and other submissions You disclose or transmit to us (collectively, “Comments”). You grant City Explained, Inc. and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform and publicly display (in whole or in part) Your Comments, Your name and any related copyrights, moral rights or other intellectual property rights. You acknowledge and agree that (a) City Explained, Inc. is not obligated to keep the Comments confidential, (b) City Explained, Inc. is not obligated to compensate You or anyone else for Your Comments, (c) City Explained, Inc. shall solely own all right, title and interest in and to the Comments, (d) City Explained, Inc. shall not be limited in any way in its use of any Comments and (e) You are solely responsible for any Comments You make.
  7. Privacy. It is our policy to respect the privacy of individuals who visit the Site, provide Comments to us or otherwise provide us with information about themselves. Our privacy policy is incorporated herein by reference. By accepting these Terms, You expressly consent to the use and disclosure of Your personally identifiable and other information as described in the Privacy Policy.
  8. Submission And Use Of User Content. City Explained, Inc. has adopted the policy with respect to submission of material that it cannot accept, consider or evaluate any material submitted unless the person submitting such material has agreed to the terms and conditions of City Explained, Inc.’ Content Submission Agreement.
  9. Site Forums. City Explained, Inc. may provide access to user forums on the Site (each, a “Forum”). By viewing, downloading, installing, copying, or otherwise using or accessing the Forum, You agree to be bound by the terms of City Explained, Inc.’ Forum Agreement.
  10. Linked Sites. This Site may contain links to other Web sites (“Linked Sites”). City Explained, Inc. does not operate or control any information, products or services on the Linked Sites, and neither endorses nor approves any products, services or information offered at Linked Sites. You acknowledge and agree that Your access or use of any Linked Site is at Your own risk. City Explained, Inc. may also provide access to certain discussion groups through this Site as a service to You. Discussion groups, by their nature, may contain offensive, harmful, deceptive, misleading, inaccurate or otherwise inappropriate material, and You acknowledge and agree that City Explained, Inc. shall not have any responsibility or liability for the content of any discussion group, or articles contained therein, that may be accessed through this Site.
  11. Disclaimer. THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. City Explained, Inc. EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. City Explained, Inc. DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. City Explained, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE, AND City Explained, Inc. SHALL NOT BE DEEMED TO BE A PARTY, DIRECTLY OR INDIRECTLY, TO ANY SUCH TRANSACTION. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YO UR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT City Explained, Inc. AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
  12. Limitation of Liability. IN NO EVENT SHALL City Explained, Inc. BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS SITE OR UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF City Explained, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF City Explained, Inc. TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100).
  13. Remedies. In the event that City Explained, Inc. determines, in its sole discretion, that You have breached any of the Terms, or have otherwise engaged in inappropriate conduct, City Explained, Inc. may, in addition to any other remedies that may be available, (a) warn You of the violation via e-mail; (b) delete any Content provided by You or Your agents; (c) terminate Your use of the Site; (d) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which City Explained, Inc. deems to be appropriate.
  14. Termination. These Terms are effective unless and until terminated by City Explained, Inc.. City Explained, Inc. may terminate all or part of its Site at any time without notice to You. Upon any termination of these Terms or the Site, You must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
  15. General. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without giving effect to principles of conflict of laws. All actions brought under these Terms shall be in and You hereby submit to the jurisdiction of and venue of Boulder, Colorado, USA. Headings in these Terms are provided as a courtesy. If any provision in these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. These Terms sets forth the entire understanding and agreement of the City Explained, Inc. and You, and supersedes any and all oral or written agreements or understandings between City Explained, Inc. and You, as to the subject matter of these Terms.

The current End User License Agreement for City Explained, Inc. products is available here.