IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "You", or "User" or with “your”) AND THE EVERYTOWN FOR GUN SAFETY ACTION FUND (referenced herein as "EGSAF") THAT APPLIES EACH TIME YOU USE OR ACCESS THE Everytown.org WEBSITE PROVIDED BY EGSAF. YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS AND USE OF THE AVAILABLE INFORMATION, SOFTWARE FUNCTIONALITY, OR MATERIALS PROVIDED THROUGH THE Everytown.org WEBSITE (collectively, as referenced herein, the “SITE”). EGSAF IS WILLING TO ALLOW THE USE OF THIS SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
Terms of Service
LICENSE GRANT. This TOS provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
RESTRICTIONS. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view any information and materials, register or enter into a transaction with or through EGSAF for any reason, or submit information of any kind, You represent that You are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when You provide information via a Site registration or submission form. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. While EGSAF has endeavored to create a secure and reliable Site, You should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, EGSAF is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to such issues.
OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the donation of funds or payment for or participation in a program or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOS and other notices, terms, and conditions posted to the Site, EGSAF shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to such donation, payment, or participation.
PRIVACY POLICY. Your use of the Site will constitute acceptance of EGSAF's personal identifying information collection and use practices. Please see EGSAF's Privacy Policy for a summary of EGSAF's personal identifying information collection and use practices.
POSTINGS. This Site may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features and functionality where Users can share and post certain information and content. To the extent that the Site contains such communication forums (collectively, “Forums”), You agree that by using the Site You will not upload, post, display, or transmit any of the following materials on the Site’s Forums:
anything that interferes with or disrupts the Site or the operation thereof;
statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others;
unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
statements or material that violates other contractual or fiduciary rights, duties, or agreements;
statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of EGSAF;
statements or material that misrepresents your affiliation with any entity and/or EGSAF;
anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual;
statements or material that are “off-topic” for a designated Forum, and
files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.
PERMISSION TO USE POSTINGS. Forums are the resources and property of EGSAF and/or its licensors and You will not have any proprietary interest in any Forum. Moreover, by submitting content or information of any type (a "Posting") to a Forum or other portion of the Site or by otherwise using the Site to transmit or display a Posting, You automatically grant EGSAF a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that You have all necessary rights to make the Posting available to EGSAF and a Forum, and You also acknowledge that such Postings are non-confidential for all purposes and that EGSAF has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Site, EGSAF has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable You to provide and display a Posting. Moreover, EGSAF assumes no responsibility for the deletion of or failure to store any Posting and recommends that You do not post, display, or transmit any confidential or sensitive information. All Users shall remain responsible for their own Postings.
NO PRE-SCREENING OF POSTINGS. EGSAF is not responsible for screening, policing, editing, or monitoring your or another User’s Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to EGSAF's right and ability to delete or remove a Posting (or any part thereof), EGSAF does not endorse, oppose, or edit any opinion or information provided by You or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other User. Nevertheless, EGSAF reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that EGSAF believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to EGSAF or its affiliates, members, volunteers, services, programs, or goodwill. If You violate this TOS, EGSAF may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue You a warning regarding your use of the Site, and/or terminate your use of the Site.
LINKS TO OTHER SITES. EGSAF may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by EGSAF and are maintained by third parties over which EGSAF exercises no control. Accordingly, EGSAF expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
DISCLAIMER. THE SITE IS MADE ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. EGSAF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. EGSAF ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EGSAF BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF EGSAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF EGSAF FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EGSAF IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.
GOVERNING LAW. This TOS has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York.
INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOS, including, without limitation, with respect to unauthorized use of EGSAF proprietary assets, will cause irreparable injury to EGSAF, such injury would not be quantifiable in monetary damages, and EGSAF would not have an adequate remedy at law. You therefore agree that EGSAF shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, You hereby waive any requirement that EGSAF post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to EGSAF to enforce any provision of this TOS.
TERM AND TERMINATION. This TOS will take effect the moment You click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. EGSAF reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny You access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOS will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact your membership status with EGSAF. You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below, and each re-access or use of the Site will reapply this TOS (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Site in your possession. The provisions concerning EGSAF's proprietary rights, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of this TOS for any reason.
WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by EGSAF of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and EGSAF as result of this TOS or your utilization of the Site. This TOS and EGSAF's Privacy Policy represent the entire agreement between You and EGSAF with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and EGSAF with respect to the Site. You may not assign or transfer any rights under this Agreement without the prior written consent of EGSAF. Please note that EGSAF reserves the right to change the terms and conditions of this TOS by posting a revised TOS or mailing and/or e-mailing notice thereof to You. In addition, EGSAF may add, modify, or delete any aspect, program, or feature of the Site, but EGSAF is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review the TOS found at this location on a periodic basis.
Privacy Policy
Updated: April 16, 2014
This Privacy Statement describes the information collection, use, and disclosure practices of Everytown.org (“Site”).
Information Collection
When you visit our Site, we may collect certain personal information you knowingly choose to disclose to us, such as your name and email address. You may provide this information when you register with the Site or send a message on the Site.
When you sign up on the Site or send a message on the Site, your personally identifiable information, including your email, will automatically be added to our mailing list. Email addresses of recipients of tell-a-friend emails will not be collected by us.
The Site may also passively collect non-personal information that is automatically sent to us by your web browser or device including but not limited to your domain name and user name.
We may also collect aggregated information as you visit the Site.
Information Use
We may use the information we collect from your browser or device to:
respond to your requests;
send information about the Everytown for Gun Safety Action Fund or other like-minded organizations;
operate the Site and customize your experience;
identify or remedy potential threats to the Site’s security;
conduct research about your use of the Site and our services; and
for any other purpose stated at the time of collection.
Cookies
This Site is cookie-enabled to give you a more customized user experience. A cookie is a small piece of information that a website can store on a computer and later use to recognize a user. A purpose of cookies is to enhance your ability to receive the information you want. We use two types of cookies to enhance the experience of users: session cookies and persistent cookies. A session cookie expires when a user closes the browser in which this website was viewed. A persistent cookie expires on a pre-determined date. Users can personalize their browser settings to reject cookies, although certain features of the Site may not function as intended.
Sharing Information
From time to time, we may send you information from other like-minded organizations we think you might find interesting. We may share personal information with third parties who provide services, such as service providers, affiliates, and subsidiaries in connection with the services we provide.
If we or some or all of our assets are acquired by another organization, that organization will possess the information collected by us, and it will assume the rights and obligations regarding your information as described in this Privacy Statement.
We may disclose personally identifiable information or other data to comply with law or legal requirements, enforce or apply our Terms of Use and other agreements, or protect our rights, property, or safety of our users or others.
Third Party Links
For your convenience, this Site may contain certain hyperlinks to other websites. We make no promises or guarantees regarding data collection on the hyperlinked pages that are not operated by the Everytown for Gun Safety Action Fund. We recommend that you read the privacy policy/statement for each site you visit.
Your Choices
You can unsubscribe from the Everytown.org / Everytown for Gun Safety Action Fund mailing list at any time by following the instructions included within any email you receive from us.
If you would no longer like to receive offers from other organizations, you can unsubscribe by following the unsubscribe link located at the bottom of each email communication.
Updates
From time to time, we may update this Privacy Statement. We will notify you of any material changes to our Privacy Statement by updating this page. We encourage you periodically to check this site to learn about the information we collect, use, and share. Your continued use of the Site affirms your agreement to such changes.
Contact Us
Please contact us if you have questions about our Privacy Statement at [email protected].
