TERMS & CONDITIONS. Northern Navigators Terms of Use Effective November 1, 2020 (the “Agreement”) applies to: (1) all individuals using (each a “User Participant”) the Northern Navigators program, online, virtual communication, social interaction and information program (the “Program”), (2) all Northern Navigators (from hereon in referred to as “Ambassadors”. The Program is a strategy of Traverse Connect and its Creative Coast initiative that seeks to foster retention and attraction of talent in the Grand Traverse Region. Using a website, virtual meeting platform, and social media engagement channels, the Program aims to improve the narrative, increase graduates, and cultivate an innovative, engaged and culture-focused business community to drive economic prosperity in the Grand Traverse Region. The Program is driven by the participation of voluntary “Ambassadors” who apply and are approved by Traverse Connect to be a Northern Navigator. A “Northern Navigator” is a professional who is willing to engage with people about the things the Northern Navigator loves the most or recommends within the categories of things to do, places to live and ways to make an impact in the Grand Traverse Region. Northern Navigators select topics they want to talk about (e.g. networking events, jobs and career opportunities, outdoor recreation, places to eat, etc.) and User Participants connect with Northern Navigators to ask questions, get recommendations and learn. Northern Navigators also connect with User Participants about their field of work. The Northern Navigators name, photo, brief bio and organization will be shared on the Program. User Participants will reach out to Northern Navigators to ask questions, get advice, and learn about professional or other groups and careers in the Grand Traverse Region. Participation in the Program is voluntary and on an individual basis. By participating in the Program, each Participant agrees to be bound by the terms of this Agreement and the Northern Navigators Privacy Policy. If you do not agree to the terms of this Agreement, do not participate in the Program. Each type of Participant represents and agrees to the following: You represent that you are at least eighteen (18) years old. You understand and agree that, unless otherwise stated in writing by Northern Navigators, each Northern Navigators is acting solely in that Ambassador’s individual capacity and is not acting as a representative of, or on behalf of, the Ambassador’s employer, professional society, non-profit or charity organization, current school or alma mater, sponsor, Northern Navigators, or any other person or entity. You understand and agree that, unless otherwise stated in writing by Northern Navigators, each User Participant is acting in the User Participant’s individual capacity and is not acting as a representative on behalf of User Participant’s employer, professional society, non-profit or charity organization, current school or alma mater, sponsor, Northern Navigators, or anyone other person or entity. For User Participants, you agree to complete the registration information required for User Participants before using the Program or engaging or interacting with any Ambassador on the Program. For Northern Navigators you agree that you must complete all necessary Northern Navigators application information and obtain approval to serve as a Northern Navigator from Traverse Connect prior to engaging or interacting with any User Participant on the Program. You represent that all information you enter in order to register as a User Participant, or to apply to become a Northern Navigators is true and correct to the best of your knowledge. If you willfully enter any false information with deceptive intent, you acknowledge that Traverse Connect reserves the right to terminate your participation in the Program immediately upon discovery of such false information. If you enter any false or incorrect information through mistake, without any deceptive intent, you agree to correct such false or incorrect information upon discovery of, or receipt of notification of, such false or incorrect information. If you do not timely correct such false or incorrect information, you acknowledge that Traverse Connect reserves the right to terminate your participation in the Program. If any information that you have entered should change, you agree to timely update such information. If you do not timely update such information, you acknowledge that Traverse Connect reserves the right to terminate your participation in the Program. You confirm that you have read and understood the Northern Navigators Codes of Conduct. You agree to abide by the terms of the applicable code of conduct (Northern Navigators Code of Conduct) that govern your participation in the Program. You acknowledge that Traverse Connect reserves the right to terminate, in its sole discretion, your participation in the Program if you violate any of the terms of the applicable Northern Navigators Code of Conduct. You confirm that you have read and understood the Northern Navigators Privacy Policy and you agree to abide by its terms and acknowledge that, if you violate any of the Northern Navigators Privacy Policy terms, Northern Navigators reserves the right to terminate your participation in the Program. If you are an Ambassador (Northern Navigator), you agree expectations of a Northern Navigator as further detailed in the Northern Navigators Orientation Manual that has been provided to you as part of your application and onboarding materials. You acknowledge that Northern Navigators may periodically update such Expectations upon posting notice of such updates within the Northern Navigators Orientation Manual or by contacting Northern Navigators. You may have the opportunity to provide feedback, comments, suggestions, and ideas concerning use of, or suggested improvements or enhancements to, the Program (“Feedback”). Feedback may also include your responses to surveys or other reporting. Traverse Connect and its authorized third-party providers may obtain information from you regarding the use of the Program. You agree that your Feedback is provided gratuitously, unsolicited and without restriction.Traverse Connect shall have no duties or obligations with respect to Feedback provided by you. Traverse Connect shall be entitled to use and disseminate any Feedback for any purpose, in its discretion, without any compensation to you. Traverse Connect either owns, or has licensed, all U.S. legal right, title and interest in and to the Program, including, but not limited to, any trademark, copyright, patent, trade secret, trade dress, service marks and other worldwide intellectual property rights as they relate to the Program (the “Intellectual Property”). This Agreement does not grant you any rights with respect to the Intellectual Property. Northern Navigators, the Northern Navigators logo, and other Northern Navigators or Traverse Connect trademarks, service marks, graphics and logos used in connection with the Program are trademarks or registered trademarks of Traverse Connect (collectively, “Traverse Connect Marks”). Other trademarks, service marks, graphics and logos used in connection with the Program are the trademarks of their respective owners (collectively, “Third Party Marks”). Traverse Connect Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Traverse Connect or the applicable trademark holder. The Program and all content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights and also may have security components that protect digital information only as authorized by Traverse Connect or the owner of the content. THE PROGRAM IS MADE AVAILABLE “AS IS” WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NORTHERN NAVIGATORS AND TRAVERSE CONNECT DISCLAIM ALL WARRANTIES. NEITHER NORTHERN NAVIGATORS NOR TRAVERSE CONNECT CONDUCTS CRIMINAL BACKGROUND CHECKS ON PROGRAM PARTICIPANTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NORTHERN NAVIGATORS OR TRAVERSE CONNECT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE PROGRAM, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS. THIS INCLUDES ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF PARTICIPANTS. TO THE EXTENT A COURT OF COMPETENT JURISDICTION FINDS NORTHERN NAVIGATORS AND/OR TRAVERSE CONNECT LIABLE FOR ANY OF THE FOREGOING, NORTHERN NAVIGATORS AND TRAVERSE CONNECT’S AGGREGATE LIABILITY SHALL NOT EXCEED U.S. $100.00 This Agreement shall be governed by the laws of the State of Michigan without regard to its principles of conflict of law. If any provision of this Agreement is invalid or unenforceable for any reason, it shall be deleted and the remaining provisions shall continue in full force and affect. Each party hereto agrees to waive its right to a jury trial. Further each party agrees to bring any claim under this agreement within one (1) year from the date the claim arose. Each party acknowledges that no party will bring, or participate in, any class action or other class proceeding in connection with any dispute with the any other party. Further, no party agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s). By agreeing to this Agreement, you confirm that you have read, understood, and agree to abide by the terms of this Agreement. Northern Navigators Codes of Conduct General Information and Guiding Principles the Northern Navigators Codes of Conduct govern the behavior of a Participant on the Program. The Northern Navigators Codes of Conduct include the Ambassador Code of Conduct and the User Participant Code of Conduct. All Participants in the Program must read the Northern Navigators Codes of Conduct in their entirety to understand the standard of behavior expected by Northern Navigators from all its Participants and to know which actions constitute violations that shall be reported to Northern Navigators and could result in termination from the Program. Ambassador Code of Conduct As an Ambassador (Northern Navigator) on the Program, you agree to abide by the Northern Navigator Code of Conduct. You agree that if you violate any rule of the Code of Conduct, Traverse Connect may suspend or terminate your participation as an Ambassador (Northern Navigator) in the Program. Rule 1: Confidentiality. Except as provided below, you shall not disclose to any third party any personal details of your communications with a User Participant without prior permission of such User Participant. Exceptions – If a User Participant that you are interacting with on the Program in your role as Ambassador violates the User Participant Code of Conduct, you shall report the code violations to Traverse Connect staff at info@traverseconnect.com. Rule 2: Availability. Ambassadors should make available four (4) hours per month in response to questions and inquiries and meetings received on the Program from User Participants. Ambassadors should be prepared to share events, resources and recommendations based on the Ambassador’s area of expertise. If an Ambassador receives a question or inquiry, they are not sure about, the Ambassador should choose not to respond and defer to other Ambassadors to respond. Ambassadors also have the ability to turn on and off their availability to provide responses via the Program. Ambassadors should attempt to respond to messages or other inquiries received via the Program within twenty-four (24) hours of receipt of a meeting request. . Ambassadors should be prepared to share events, resources and recommendations based on the Ambassador’s field of work or experience. Rule 3: Communications. In communications with User Participants, Ambassadors shall not: (a) use offensive language, (b) transmit offensive images, or (c) engage in or attempt to engage in any illegal conduct. “Offensive language” includes, but is not limited to: Profanity or verbal abuse directed towards any Participant or any other individual; Sexually suggestive or pornographic comments directed towards any Participant or any other individual; and/or Derogatory remarks directed towards any Participant or any other individual or group of individuals based on religion, race, color, ethnicity, country of origin, age, gender, gender identity, sexual orientation, or sexual identity; Negative language about Traverse City or any community in The Grand Traverse Region. “Offensive images” include, but are not limited to: Images that are sexually suggestive, lewd, or pornographic; and/or Images that include offensive language, as described above. “Communications” refers to communications via any media and including, but not limited to, in-person, phone, mail, photographs, voice-mail, audio conferencing, video conferencing, audio recordings, video recordings, email, text messaging, computer files supplied on physical media, computer files transferred electronically, and social media. Rule 4: Topics for Discussion. If a User Participant expresses unwillingness, reluctance, or discomfort in discussing any topic that either the User Participant or the Ambassador has raised during the course of a Program interaction, the Ambassador shall promptly cease pursuing that topic. The specific issues and the degree of personal detail that are appropriate for discussion via the Program will depend strongly on the specific User Participant, the specific Ambassador, and the specific circumstances and topics. Therefore, Traverse Connect does not provide a comprehensive list of appropriate and inappropriate topics and does not provide guidance on the degree of personal detail to be shared, and the Ambassador and the User Participant should agree on the topics that they are comfortable discussing and on the degree of personal details that they are comfortable sharing. The purpose of the Program is to discuss broad topical areas of living and working in the Grand Traverse Region of Michigan, and Ambassadors should approach topics outside the intended functionality of the Program cautiously and ask the other whether the User Participant wishes to pursue such topics. If the User Participant expresses unwillingness, reluctance, or discomfort in discussing a specific topic, the Ambassador shall promptly cease pursuing that specific topic. Rule 5: Meetings in Person. If an Ambassador wishes to meet with a User Participant in person outside of an official event sponsored by Traverse Connect, the Ambassador shall not insist on a meeting. Under certain circumstances an Ambassador may wish to meet with a User Participant in person, but such activity is outside the scope of the Program and both User Participants and Ambassadors undertake such in-person meetings at their own risk. We strongly advise that User Participants and Ambassadors who wish to pursue in-person meetings outside the Northern Navigators Program do so in a safe manner, location and environment. Rule 6: Prohibited Advice. Ambassadors shall not provide medical, mental-health, or legal advice to any User Participant. Medical, mental-health, or legal advice should be provided by a qualified professional. Even if the Ambassador is coincidentally a qualified professional (for example, if the Ambassador is a physician, psychologist, or attorney), the Ambassador shall not provide medical, mental-health, or legal advice to the User Participant, and the Ambassador should advise the User Participant to seek the assistance of another qualified professional. In addition, Ambassadors are strictly prohibited from engaging in any sales pitches, marketing activities or pursuit of other business relationships with User Participants through the Program. Rule 7: Fees. Ambassadors shall not charge User Participants any fees for Ambassadors information or recommendations. The Ambassador is a volunteer and shall not charge a fee for serving as an Ambassador on the Program. Even if the Ambassador is employed such that the Ambassador normally charges fees for services related to advice or recommendations (for example, if an Ambassador is a professional career coach who normally charges fees for preparing resumes), the Ambassador shall not charge the User Participants any fees for advice, recommendations or any other activities conducted as an Ambassador on the Program. Rule 8: Duty to Report Code of Conduct Violations. If an Ambassador observes any User Participant or other Ambassador behaving in a manner that violates the Ambassador Code of Conduct or the User Participant Code of Conduct, the Ambassador shall promptly report their observations to Traverse Connect staff at info@traverseconnect.com. User Participant Code of Conduct as a User Participant on the Program, you agree to abide by the User Participant Code of Conduct. You agree that if you violate any rule of the User Participant Code of Conduct, Traverse Connect may suspend or terminate your participation as a User Participant in the Program. Rule 1: Confidentiality. Except as provided below, you shall not disclose to any third party any personal details of your communications with an Ambassador without prior permission of such User Participant. Exceptions – If an Ambassador that you are interacting with on the Program in violates the Ambassador Code of Conduct, you shall report the code violations to Northern Navigators staff at info@traverseconnect.com. Rule 2: Communications. In communications with Ambassadors, User Participants shall not: (a) use offensive language, (b) transmit offensive images, or (c) engage in or attempt to engage in any illegal conduct. “Offensive language” includes, but is not limited to: Profanity or verbal abuse directed towards any Participant or any other individual; Sexually suggestive or pornographic comments directed towards any Participant or any other individual; and/or Derogatory remarks directed towards any Participant or any other individual or group of individuals based on religion, race, color, ethnicity, country of origin, age, gender, gender identity, sexual orientation, or sexual identity; Negative language about Traverse City or any community in the Grand Traverse Region. “Offensive images” include, but are not limited to: Images that are sexually suggestive, lewd, or pornographic; and/or Images that include offensive language, as described above. “Communications” refers to communications via any media and including, but not limited to, in-person, phone, mail, photographs, voice-mail, audio conferencing, video conferencing, audio recordings, video recordings, email, text messaging, computer files supplied on physical media, computer files transferred electronically, and social media. Rule 3: Topics for Discussion. If an Ambassador expresses unwillingness, reluctance, or discomfort in discussing any topic that either the Ambassador or you have raised during the course of a Program interaction, the User Participant shall promptly cease pursuing that topic. The specific issues and the degree of personal detail that are appropriate for discussion via the Program will depend strongly on the specific User Participant, the specific Ambassador, and the specific circumstances and topics. Therefore, Traverse Connect does not provide a comprehensive list of appropriate and inappropriate topics and does not provide guidance on the degree of personal detail to be shared, and the User Participant and Ambassadors should agree on the topics that they are comfortable discussing and on the degree of personal details that they are comfortable sharing. The purpose of the Program is to discuss broad topical areas of living and working in the Grand Traverse Region, and User Participants should approach topics outside the intended functionality of the Program cautiously and ask the other whether the Ambassador wishes to pursue such topics. If the Ambassador expresses unwillingness, reluctance, or discomfort in discussing a specific topic, the User Participant shall promptly cease pursuing that specific topic. Rule 4: Meetings in Person. If a User Participant wishes to meet with an Ambassador in person outside of an official event sponsored by Traverse Connect, the User Participant shall not insist on a meeting. Under certain circumstances a User Participant may wish to meet with an Ambassador in person, but such activity is outside the scope of the Program and both User Participants and Ambassadors undertake such in-person meetings at their own risk. We strongly advise that User Participants and Ambassadors who wish to pursue in-person meetings outside the Northern Navigators Program do so in a safe manner, location and environment. Rule 5: Prohibited Advice. User Participants shall not seek medical, mental-health, or legal advice from any Ambassador. Medical, mental-health, or legal advice should be provided by a qualified professional. Even if the Ambassador is coincidentally a qualified professional (for example, if the Ambassador is a physician, psychologist, or attorney), the User Participant shall not seek medical, mental-health, or legal advice from an Ambassador. In addition, User Participants are strictly prohibited from engaging in any sales pitches, marketing activities or pursuit of other business relationships with Ambassadors through the Program. Rule 6: Financial Assistance. User Participants shall not ask any Ambassador for money or other financial assistance through the Program. Rule 7: Career Assistance. User Participants may ask for general career advice and recommendations from Ambassadors, but User Participants shall not expect any Ambassador to find a job for the User Participant. For a User Participant who is about to graduate high school, college, graduate school or professional school and is seeking employment, much of the discussions with the Ambassadors will address career opportunities and recommended actions for the User Participant. It is appropriate, for example, for the User Participant to ask the Ambassador where the most effective places to post resumes are, or what are good resources for pursuing job leads and postings. It is also appropriate for the User Participant to ask the Ambassador for general advice on conducting job-searches in the Grand Traverse Region. It is not appropriate, however, for the User Participant to expect the Ambassador to act as a job placement service and to circulate the User Participant’s resume as a matter of course. Under specific circumstances, the Ambassador may volunteer to circulate the User Participant’s resume among the Ambassador’s colleagues or referral sources; however, such assistance is strictly at the discretion of the Ambassador, and the User Participant shall not expect, or demand, that the Ambassador perform such actions as a requirement of the Ambassador’s activities. Rule 8: Duty to Report Code of Conduct Violations. If a User Participant observes any Ambassador or other User Participant behaving in a manner that violates the User Participant Code of Conduct or the Ambassador Code of Conduct, the User Participant shall promptly report their observations to Northern Navigators staff at info@traverseconnect.com. This Agreement was last revised on November 18, 2020 (Version 1.0)
