TERMS OF USE

This project was supported by Grant No. 2017PBFXK001 awarded by the Office of Justice Programs, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/ exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

 

Last modified and effective as of December 16, 2019.

 

PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF CHANGINGMINDSNOW.ORG (THIS “WEBSITE”). IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE THIS WEBSITE, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.

 

These terms and conditions (these “Terms of Use”) represent a legally binding agreement between you and us regarding your use of this Website. These Terms of Use, however, are not the only terms and conditions that apply to you and your legal agreement with us, as they are to be supplemented by our Privacy Policy. These Terms of Use, together with our Privacy Policy, are incorporated by reference as if they were a single agreement and jointly comprise the entire agreement you have with us regarding this Website, Content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter.

 

This Website includes all web pages within the Website and also includes backup, mirror, replacement or substitute sites or pages we may make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on this Website, individually and/or collectively as “Content” and when we use the term “Website” it also includes Content unless we specifically say otherwise.

 

Futures without Violence and the Changing Minds Campaign may also be referred to individually and/or collectively as “we”, “us” or “our” and we will refer to users of this Website individually and/or collectively as “users”, “you” or “your” to make reading these Terms of Use easier.

 

When you see the word “use” or “using” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact with, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else through the Website, including another user or any other third party you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in or on this Website, for any purpose, or if you attempt to do any of these things.

 

WE CAN CHANGE THIS WEBSITE AND OUR TERMS OF USE

 

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete or modify any or all the terms of the Terms of Use that apply to you, as well as this Website and/or any Content. We will give notice of any changes to these Terms of Use by posting the date of our most recent updates. If you use this Website after the changes become effective, it means you are agreeing to be bound by the changes. You should review on a regular and frequent basis the terms and conditions that apply to you so you are aware of the current rights and obligations that apply to you.

 

PRIVACY

 

We respect your privacy. Our Privacy Policy is incorporated into and forms a part of these Terms of Use and a part of our agreement with you. Read it carefully since it describes, among other things, how we collect and use the information we obtain when you use this Website.

 

WHO OWNS THE INTELLECTUAL PROPERTY AND OTHER CONTENT RIGHTS

 

This Website and, except as described below, all Content, are either our property or the property of our affiliates and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when we use “Content” it includes, but isn’t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, ‘look and feel’ and arrangement of items and all copyrightable or otherwise legally protectable elements of this Website.

 

You may only use our Content for your own personal use. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution or both under federal, state and local laws.

 

LINKS TO OTHER SITES

 

If you see or use any links on this Website which allow you to browse, redirect or visit any other websites, that does not mean we are associated with or have endorsed those sites or organizations and we have no obligation, responsibility or liability to you or anyone else if you go to another website outside of this Website, even if a link on our site allowed you to do so. When you leave this Website, you should inquire and confirm from them the terms and conditions, privacy and other policies that apply to you since we neither control, nor have any responsibility for, any third party sites, their practices or anything associated with their operations. Even if another website or web page has our name, logo or other identification normally associated with us, it may or may not be authorized and you should not assume it is our Website, unless it actually says so and the terms of use that apply to you are these Terms of Use.

 

USERS UNDER 13 YEARS OF AGE

 

This Website is intended for a general and adult audience and we do not knowingly collect or solicit personal information from children, including anyone under the age of 13 without parental consent. We ask that you not provide personally identifiable information to us if you are under the age of 13. We urge parents and guardians to supervise their children’s website browsing. If we learn we have collected or received personal information from an individual under the age of 13, we will delete that information. 

 

ANY LIABILITY WE MAY HAVE IS LIMITED

 

THIS WEBSITE AND ALL CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE ANY WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT THIS OR ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING ANY OF THIS WEBSITE OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

 

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THIS WEBSITE, CONTENT, THESE TERMS OF USE AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

YOU ARE INDEMNIFYING US OF YOUR BREACH 

 

 You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms of Use by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume the exclusive defense against any Claim and all negotiations for settlement, and you agree to cooperate with us in the defense of any such Claim, at our request.

 

WHAT LAW APPLIES?

 

Our Terms of Use shall be construed and enforced under the laws of the State of California applicable to parties resident in and contracts made, executed and wholly performed within the State of California. You specifically agree and submit to the jurisdiction of the California State Courts and the Federal Courts situated in the Northern District of California, and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

 

MISCELLANEOUS

 

If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well-being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affect, infringe upon or misappropriate the rights of others, harass or interfere with any other user or person, firm or enterprise, interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, breach or violate our Terms of Use, including our Privacy Policy, or violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

 

Our Terms of Use can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of the Terms of Use. Headings are purely for reference and shall not affect the meaning of any term or condition. No claim or action relating in any way to these Terms of Use, including our Privacy Policy, this Website, Content or otherwise with respect to the subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).