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Terms of Use for City of Brampton Websites and Online Services

 

Carefully read the following Terms and Conditions of Use ("Terms of Use") before using any websites and/or related online services of The Corporation of the City of Brampton (“Sites or Services”).

BY USING ANY CITY OF BRAMPTON SITES OR SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE, WHICH TERMS OF USE GOVERN YOUR USE OF THE SITES OR SERVICES

1. General

Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and The Corporation of the City of Brampton ("the City" or “City of Brampton”) with regard to matters other than your use of the Sites or Services.

The City reserves the right to, and it may, periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. We suggest that you periodically check these Terms of Use for modifications. Your continued use of the Sites or Services following the posting of any changes constitutes your acceptance of such modifications.

Where you download and install any City mobile applications, you agree to future updates and upgrades of such mobile applications. You can decline automatic updates and upgrades to mobile applications by changing user settings, for example, in the operating system or app platform, where such settings are available, but in so doing you may limit your ability to use, and/or the functionality of the mobile applications.

The Sites or Services are owned and operated by the City of Brampton or its service providers, and the City of Brampton may modify, suspend, discontinue, or restrict the use and availability of any portion of a Site or Service at any time, without notice or liability to you. Your use of any Sites or Services may be monitored and information gathered by the City of Brampton and used for internal City of Brampton purposes in accordance with to the City of Brampton’s Privacy Statement without liability to you.

You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access the Sites or Services.

2. Disclaimer as to accuracy and currency

Material posted on the City of Brampton’s Sites or Services is not (unless otherwise noted) an official statement of City of Brampton policy, practice, services or procedure, and should not be interpreted as such.

All content, material and information on the Sites or Services is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

The information on City of Brampton’s Sites or Services is intended only to provide immediate and convenient access to information. While efforts are made to maintain accuracy and currency of the information, the City of Brampton cannot and does not guarantee that the information posted is always accurate or current. The City of Brampton does not warrant or make any representations as to the quality, content, accuracy or completeness of the information, text, maps, graphics, links and other items contained on its Sites or Services.

The City of Brampton makes no warranties, express or implied, as to the fitness of the information for any purpose or to results obtained by individuals using the information, and is not responsible for any action taken in reliance on the information obtained by you or used by you from the Sites or Services.

Except where expressly, and then only to the extent otherwise, stated, the Materials (as defined below in Section 5 Limited Licence to Use) on the Sites or Services are for information, education, and non-commercial purposes only. Although the City of Brampton may provide data, information, and content relating to the operations of the City of Brampton, you should not construe any such data, information or other content available through the Sites or Services as official advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on the Sites or Services before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold the City of Brampton or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through the Sites or Services.

3. Third-party content AND Links to external sites

Data and other information appearing on the Sites that are provided by third parties are believed by the City of Brampton to be obtained from reliable sources, but the City of Brampton cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. The City of Brampton is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other content on or available from any website owned or operated by a third party that is linked to the Sites or Services via hyperlink. The fact that the City of Brampton has provided a link to a third party's website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by the City of Brampton with respect to such website, its owners, providers, or services. You use any such third-party content at your own risk and you agree that the City of Brampton is not liable for any loss or damage that you may suffer by using third-party websites or their content.

Links to external websites posted on the City of Brampton’s websites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of the City of Brampton. The City of Brampton does not endorse, approve, certify, or control external websites and does not guarantee the accuracy, completeness, efficiency, timeliness or correctness of the information located at external websites.

Reference in any Sites or Services to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favour by the City of Brampton.

Statistics Canada information is used with the permissions of Statistics Canada. Users are forbidden to copy this material and/or disseminate the data, in an original or modified form, for commercial purposes, without the expressed permission of Statistics Canada. Information on the availability of the wide range of data from Statistics Canada can be obtained from Statistics Canada's Regional Offices. Visit www.statcan.ca or call the toll-free number 1.800.263.1136.

4. Bylaws, Council minutes, and corporate policies

The City of Brampton’s bylaws, Council meeting records, and policies on the Sites or Services are electronic copies made for uploading to the Sites or Services and so are not official versions. The official format may be different and may also have plans, pictures, other graphics, or text that may be missing or altered. For a certified copy of the official Council meeting record or City By-law, please contact the City Clerk’s Office at cityclerksoffice@brampton.ca for further information (applicable fees may be charged for certified copies of City documents in accordance with the City’s user fee policy.

These electronic copies of the City of Brampton’s bylaws, Council meeting records, and policies are the copyright of the City of Brampton, reproduction, distribution or use of such copies is subject to the licence grant in Section 5 Limited Licence to Use.

5. Limited licence to use

The City of Brampton grants you a limited, revocable, nonexclusive, non-transferable licence to view, store, bookmark, download, and print reports, data, information, content, software, RSS and podcast feeds, pages, products, services, or other materials on, generated by or obtained from the Sites or Services, whether through links or otherwise (collectively, " Materials") within the Sites or Services solely for your personal, informational, and non-commercial use, or as separately expressly authorized by the City of Brampton in writing.

The City of Brampton reserves all rights not expressly granted in these Terms of Use. Without limiting the foregoing, the Sites or Services, including without limitation all Materials in them, are protected by intellectual property rights, including without limitation copyright rights, and are owned by the City of Brampton or its licensors.

6. Restrictions on your use

Except as otherwise stated in these Terms of Use, or as expressly authorized by the City of Brampton in writing, you agree not to, and you may not (nor enable others to):

  • Modify, manipulate, licence, create derivative works from, sell, or exploit any Materials;
  • Engage in any conduct that could damage, disable, or overburden (i) the Sites or Services, (ii) any Materials or services provided through the Sites or Services, or (iii) any systems, networks, servers, or accounts related to the Sites or Services, including without limitation, using devices or software that provide repeated automated access to the Sites or Services, other than those made generally available by the City of Brampton;
  • Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Sites or Services; or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Sites or Services through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to the Sites or Services;
  • Modify, copy, obscure, remove, or display the City of Brampton's name, logo, trademarks, text, notices, or images without City of Brampton's express written permission.
  • Include the term "City of Brampton," or any City of Brampton trademark or name of the Mayor, any City of Brampton Councillor or staff member, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by City of Brampton.
  • Post any content that is unlawful, harmful, threatening, abusive, menacing, harassing, defamatory, vulgar, pornographic, harmful to minors, obscene, offensive, blasphemous, libelous, unlawful, invasive of another's privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable to the local community as determined by the City of Brampton in its sole discretion;
  • Post any content that personally attacks or is derogatory toward the City of Brampton as an entity, City of Brampton employees, any City of Brampton products or services, or any City of Brampton Materials;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site or Services;
  • Post any Content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;
  • Post any Content that infringes, violates, or misappropriates any patent, official mark, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;
  • Except where reasonably required for the purposes of that part of the Sites or Services, post any personal information or specific account details about yourself or any person or entity;
  • Except where required or permitted for the purposes of that part of the Sites or Services, post any advertising or promotional materials;
  • Post any material that contains viruses, email spam, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • Intentionally or unintentionally violate any other laws or regulations.

7. Engaging with the city’s social media accounts

Social media accounts are provided by third parties who have their own terms of use, policies (including privacy policies), procedures, and availability, that you should familiarize yourself with before using them as the City of Brampton is not responsible, or liable, for them.

When commenting on the City of Brampton’s social media accounts, please ensure your comments are relevant to where they are posted. The views of users commenting on the City of Brampton’s official social media accounts do not necessarily represent its views.

The City of Brampton will from time to time read comments and participate in discussions on its official social media accounts, but is does not continuously monitor these accounts. The City of Brampton reserves editorial rights regarding all comments and interactions on its social media accounts, including the right to delete comments that violate these Terms of Use. Without limiting the foregoing, any comments which violate Section 6 Restrictions on Use, or that,

  • contain announcements from labour or political organizations,
  • are written in a language other than English,
  • are unintelligible or irrelevant,
  • are repetitive or spam, or
  • do not, in in the City of Brampton’s opinion, add to the normal flow of the discussion, may be edited and/or removed.

Note too that you may be blocked and reported to prevent further misuse including inappropriate comments and/or interactions with the City’s official social media accounts.

8. Linking to the Sites or Services

You may not link to the Sites or Services unless you comply with these linking conditions ("Linking Conditions").

The City of Brampton grants you a limited, revocable, nonexclusive right to create a hyperlink to the Sites or Services ("Link"), provided you comply at all times with the following conditions:

  • The Link must resolve to a valid City of Brampton page at the Sites or Services; or to a page to which the City of Brampton links as an extension of a task on a page, such as a third-party site that provides a service to the City of Brampton, such as displaying maps, aggregating social media content, or displaying schedules.
  • The text of the Link must read either "City of Brampton," "Brampton," "Brampton, ON" "City of Brampton, Canada" or "brampton.ca" You may not use any City of Brampton logo or graphic, or any other City of Brampton trademark, as part of the Link without the City of Brampton’s express written permission; and
  • The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and the City of Brampton, including suggestions of affiliation, endorsement, or sponsorship; (b) portray the City of Brampton or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the Site or Services.

If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of the Sites or Services that is located one or several levels down from the homepages (known as "deep links"), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to the Sites or Services.

9. RSS, video and podcast feeds

The City of Brampton now grants you a limited, revocable, nonexclusive right to view, store, bookmark, access, download, display, create hyperlinks to and use the Really Simple Syndication (“RSS”), video, and podcast feeds (collectively, the "Feeds") offered by the City of Brampton solely for your personal, informational, and non-commercial use or as otherwise authorized by the City of Brampton in writing, provided you comply at all times with the following conditions:

  • Except as otherwise stated in these Terms of Use, you may not modify, copy, redistribute, transmit, post, display, perform, reproduce, publish, broadcast, licence, create derivative works from, transfer, sell, or exploit in any manner whatsoever the Feeds or the reports, data, information, content, software, files, products, services, or other materials supplied by the City of Brampton in connection with them;
  • You may create a hyperlink to the Feeds, provided that (a) the hyperlink is functional and resolves directly to the applicable Site page, unaltered and unframed in any way; and (b) you provide attribution to the Sites or Services in connection with your use of the Feeds. If you provide this attribution in text, the hyperlink must read "Brampton.ca." If you provide this attribution with a graphic, you must use the graphic the City of Brampton has incorporated into the Feeds, without alteration. Your right to use the above-referenced graphic is limited to providing attribution to the City of Brampton in connection with the Feeds. You may not use any City of Brampton’s logo or graphic, or any other City of Brampton official mark or trademark, for any other purpose without the City of Brampton 's express written permission;
  • Any hyperlink to the Feeds and the surrounding context on your site must not: (a) falsely represent or misrepresent any relationship between the City of Brampton and you or your site, products or services or any third party or their site, products and services, including suggestions of affiliation, endorsement or sponsorship; (b) portray the City of Brampton or its affiliates, or their products or services, in a false, misleading, derogatory or otherwise offensive manner; or (c) display the content of the Feeds in a manner that does not permit successful linking to, redirection to or delivery of the applicable Site page; and
  • You may not incorporate advertising into or targeted towards the content of the Feeds or insert any intermediate page, splash page or other content or materials between any hyperlink to the Feeds and the applicable Site page.

Any use of the Feeds not granted is strictly prohibited. The City of Brampton retains ownership of and all other rights in and to the Feeds, and any reports, data, information, content, software, files, products, services, links, trademarks, logos, or other materials used in connection with them. The City of Brampton reserves the right, in its sole discretion, with or without cause, and without liability, to suspend, discontinue or modify any or all of its Feeds at any time and to immediately require you to cease accessing, displaying, or otherwise using any or all of the Feeds or the content of the Feeds. The City of Brampton will not be liable for any loss or damage arising from your use of or in connection with the Feeds.

10. User-generated content and licence grant

You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, email, transmit, or otherwise make available via the Sites or Services ("Content"). By submitting, uploading, posting, e-mailing, or transmitting ("post") content to the Sites, you represent and warrant that either you own all right, title, and interest in and to the Content or have express permission from the owner to copy and use such content for all purposes related to the Sites. The City of Brampton does not control and is not responsible for the content uploaded via the Sites, and the City of Brampton neither guarantees the accuracy, quality, or appropriateness of nor endorses any Content submitted to the Sites.

You grant the City of Brampton and its affiliates, and their respective councillors, elected officials, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, right to sublicense, and transferable right and licence to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any Content, in whole or in part, in any medium or technology, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the Content, for any purpose in City of Brampton's sole discretion, without the requirement of any permission from, or compensation or notice, and without liability, to you or any third party. The City of Brampton will exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of the City of Brampton that incorporate or otherwise make use of any Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.

The Content that you post on the Sites or Services will be subject to the City of Brampton’s Privacy Statement, as amended from time to time. The City of Brampton will not be liable in any way for any Content or for the use or disclosure of any Content. You acknowledge that the City of Brampton and/or its agents may or may not (but are not obligated to) monitor Content, but that the City of Brampton will have the right in its sole discretion to monitor, post, move, refuse, or remove any Content, in whole or in part, for any reason whatsoever, without notice and without liability.

11. Personal account information

Certain parts of the Sites or Services, or third-party sites that provide a service to the City of Brampton, may be protected by passwords or require a login. Further, for authentication purposes, certain features on the Sites or Services may require you to answer a designated security question and accept additional terms of use or conditions before access is granted. You must be 18 years of age or older to create or use secured sites or services that require login credentials.

You agree to provide the City of Brampton with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use the Sites or Services to access only those accounts on which you have authority to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you have authority to act. You agree not to obtain or attempt to obtain unauthorized access to such parts of, or features on, the Sites or Services, or to any other protected Materials or information, through any means not intentionally made available to you by the City of Brampton.

You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on the Sites or Services, and for logging off of your account and any protected areas of the Site or Services. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers including those that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact the City of Brampton as soon as possible. The City of Brampton will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Services provided to you through the Sites or third-party providers to the City of Brampton will involve the electronic transmission, including via any email address you provide to us, of information that you may consider to be personal financial information and/or promotional, commercial and informational materials. By logging in to such Sites or Services, you opt-in and consent to such electronic transmission and receipt of emails, calls or correspondences and assume all risks associated with this method of transmission. If you do not-opt in and consent, or you later unsubscribe and/or withdraw your consent to this method of transmission, you may not be able to use the Services or aspects of the Sites that require interaction with the City.

12. Trademarks, MARKS AND LOGOS

All official marks, trademarks, service marks, and logos appearing on the Sites or Services are the exclusive property of their respective owners.

All City of Brampton graphics, logos, page headers, and service names are official marks, emblems, or trademarks of the City of Brampton. The City of Brampton 's official marks, emblems and trademarks may not be used in connection with any product or service that is not the City of Brampton 's, in any manner that is likely to cause confusion among members of the public, or in any manner that disparages or discredits the City of Brampton. Nothing contained on the Sites or Services should be construed as granting any licence or right in or to any of the City of Brampton’s official marks, emblems or trademarks.

13. Termination or suspension of access

The rights granted to you here terminate immediately on any violation by you of these Terms of Use. The City of Brampton, in its sole discretion, reserves the right to temporarily or permanently terminate, block, suspend or report your access to and use of the Sites or Services at any time and for any reason whatsoever, without notice or liability. The City of Brampton will not be liable to you or any third party for any termination of your access to or use of the Sites or Services.

14. Disclaimer of warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITES OR SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, CITY OF BRAMPTON AND ITS AFFILIATES, AND THEIR RESPECTIVE COUNCILLORS, ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, LICENCORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS (COLLECTIVELY, THE “CITY GROUP”) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITES OR SERVICES; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITES; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (V) ANY FINANCIAL OR NON-FINANCIAL TRANSACTIONS AND INFORMATION COLLECTED OR SHARED INCLUDING PERSONAL INFORMATION.

FURTHER, THE CITY GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE SITE OR SERVICES.

EXCEPT AS PROVIDED BY LAW, THE CITY GROUP HAS NO RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR SERVICES, OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

15. Limitation of liability and indemnity

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES OR SERVICES IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

UNDER NO CIRCUMSTANCES WILL THE CITY GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED ON THIS SITE OR SERVICES, OR ANY OTHER MATTER RELATING TO THIS SITE OR SERVICES, EVEN IF THE CITY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY THE CITY GROUP FROM AND AGAINST ALL LOSSES ARISING OUT OF OR RELATED TO YOUR IMPROPER ACCESS TO OR USE OF THE SITES OR SERVICES, OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

16. Integration and severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and the City of Brampton relating to use of its the Sites or Services, except if use by you of a particular Site or Service provides otherwise.

17. Applicable law and venue

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws and regulations of any jurisdiction to which you are subject and from which you access the Sites or Services, subject to your compliance with these Terms of Use. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from Canada.

The laws of Ontario, Canada, without regard to principles of conflict of laws, govern these Terms of Use and any dispute that might arise between you and the City of Brampton. If you take legal action relating to these Terms of Use, you irrevocably agree to only take such action within Ontario and only to a court of competent jurisdiction within Ontario and in no other jurisdiction or venue, and you now irrevocably consent and submit to the jurisdiction of the courts of Ontario for this purpose.

18. Questions or feedback

If you have any questions or comments about these Terms of Use or other service issues, you can contact the City of Brampton by calling 3-1-1 within Brampton’s city limits or through the online Contact Us forms.