TERMS OF SERVICE
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE AGREEMENT
OR THE TERMS
) CAREFULLY. YOUR USE OF THE SITE (AS DEFINED BELOW), INCLUDING ANY SERVICES THEREIN, CONSTITUTES YOUR CONSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THIS SITE. LIKEWISE, CONTINUED ACCESS AND USE OF THE SITE AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.
Before we start: All Out Action Fund, Inc. (All Out
, Company
, Organization
, we
or us
) is a 501(c)(4) not-for-profit corporation, registered in the U.S. and dedicated to raising awareness, promoting activism and influencing public and individual behavior to combat prejudice and discrimination against LGBT+ people (that is, lesbian, gay, bisexual, trans people and people of other identities).
This Agreement is between you (you
) and All Out regarding your use of (including any access to) the online site currently located at https://allout.org (together with any materials and Services (as defined below) available therein), and any successor or other site(s) controlled or operated by us, including, without limitation, the eCommerce Sites, defined below (collectively, all sites, together with the Services, the Site
). This Agreement hereby incorporates by reference any additional terms and conditions posted by Company through the Site, or otherwise made available to you by Company.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
We are committed to making the Site accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any Content, feature, or functionality of a Site, please contact us.
Click on the links below to jump the corresponding section of the Agreement.
Donations Submitted Through the Site
Accounts; Registration; User Names and Passwords
Information Submitted by You Through the Site; Submissions
Disputes, Arbitration, and Class Action Waiver
Claims of Copyright Infringement
1. Acceptance of Terms.
The Site is made available by Company subject to this Agreement.
We may update or make changes to this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. You can determine when this Agreement was last revised by referring to the LAST UPDATED
legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement. We may, at any time, temporarily or permanently, in whole or in part, modify or discontinue all or part of the Site (including access to the Site via any third-party links), charge, modify, or waive any fees required to use the Site, or offer opportunities to some or all Site users. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, NOR ANY OF THE COMPANY’S OR ITS AFFILIATES’ RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, AFFILIATED ENTITIES
) WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE, IN WHOLE OR IN PART, OR OF ANY SERVICE, CONTENT, FEATURE, OR PRODUCT OFFERED THROUGH THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF SUCH CHANGES.
2. Jurisdictional Issues.
The Site is controlled in or operated from (or both) the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. In choosing to access the Site, including Campaigns and Petitions (as both are defined below) available through the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with and ensuring that your Campaigns or Petitions (if any) comply with all applicable laws, rules, and regulations in doing so. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time. Please see the International Users section and any other references to certain jurisdictions below for more information about provisions that may apply to you depending on your jurisdiction.
3. Description of the Services.
We provide users with access to certain content and services that are intended to raise public awareness, promote activism, and influence policy and individual behavior on issues of lesbian, gay, bisexual, and transgender equality, which may include: (a) services such as profiles, forums, the ability to create Campaigns or Petitions and post Submissions (as defined below), registration functionality, RSS feeds of news, tools, photos, video, blogs, reviews, ratings, and links to third-party websites; and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, opinions, postings and messages, names, logos, designs, graphics, trade dress, characters, interfaces, code, software, sounds, and other content appearing in or on the Sites (collectively, Content
and such Content and services, collectively, the Services
).
4. Donations Submitted Through the Site.
As a 501(c)(4) not-for-profit corporation, our Site may allow you to make donations to us or other causes, either as one-time donation or as recurring monthly donations (each, a Donation
). For any donation you make on the Site, you must specify the amount, a valid and authorized method of payment, and whether you want your donation to be a one-time gift or a recurring donation. Note that the processing of your data here is needed to complete the contract. That is also the legal basis that justifies us sharing your certain data with third-party service providers that process payments on our behalf.
We have complete discretion over whether to accept a donation and reserve the right to decline for any reason whatsoever. DONATIONS ARE NOT TAX REFUNDABLE AND ARE NOT REFUNDABLE.
We will use your donation at our full discretion, but within our stated objectives and mission purpose. Your donations allow us to work towards our mission to help build a world where no person will have to sacrifice family, freedom, safety, or dignity because of who they are or who they love. Once we receive a donation, these funds are allocated to help raise public awareness, promote activism, and influence policy and individual behavior on issues of lesbian, gay, bisexual, and transgender equality. Accordingly, your donations are non-refundable.
If we are unable to use your contribution for the purpose originally specified, it is our policy to use your contribution to support other All Out campaigns and operational costs that are vital to support our work.
5. Rules of Conduct.
While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 16 below. In connection with this Site, you will not:
- Upload, post, transmit, share, store or otherwise make available, through or in connection with the Site:
- Any materials that are or may be: (a) threatening, harassing, degrading, hateful, or intimidating, or that otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable in our sole discretion; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right without the express prior written consent of the applicable owner.
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, adware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (each, a
Virus
). - Any unsolicited or unauthorized advertising, promotional material,
junk mail,
spam,
or investment opportunity, or any other form of solicitation. - Anything that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- Any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us.
- Use the Site for any fraudulent or otherwise tortious or unlawful purpose.
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Harvest or collect information about Site users, including email addresses, phone numbers, or any other personal information about other Site users by electronic or other means for any purpose, including sending unsolicited emails or other unsolicited communications.
- Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site, or violate any requirements, procedures, policies, or regulations of such servers or networks.
- Restrict or inhibit any other person from using the Site.
- Use the Site for any commercial purpose, including advertising or offering to sell or buy any goods or services without Company’s express prior written consent.
- Reproduce, duplicate, copy, modify, adapt, translate, create derivative works of, sell, resell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index,
scrape,
data mine,
or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice. - Systematically download and store Site content.
Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising.
6. Accounts; Registration; User Names and Passwords.
Some of our Sites allow you to register for accounts specific to you for ordering, taking part in Campaigns or Petitions, making Submissions, and other purposes (an Account
). In general, you are not obligated to register for an Account in order to access our Sites, but certain sections and features are available only to users who have registered for an Account (Registered Users
). With respect to any such Account, we may reject or require that you change any user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason. If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us.
Your user name and password are for your personal use only and not for use by any other person. You, and not Company, are responsible for maintaining the confidentiality of any password you may use to access the Site and for any use or misuse of your user name or password, and you will promptly notify us of any confidentiality breach or unauthorized use of your user name, password, or Site Account. You agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You agree that you are responsible for all activities that occur under your Account. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.
7. Campaigns and Petitions.
We and/or our service providers may make available through the Site platforms or functionality through which you are able to create or sign campaigns (each, a Campaign
) or petitions (each, a Petition
) to advocate for lesbian, gay, bisexual, and transgender equality. You may not, however, without limitation of Section 5, use our campaign platforms to create Campaigns or Petitions for political campaigning or electioneering purposes or to promote hatred, violence, discrimination, or stereotypes based on race, gender, gender identity, ethnicity, sexuality, or religion. Without limitation of Section 8, Company may elect to review, reject, remove, or modify any Campaign at our sole discretion.
- Generally. A Campaign or Petition may be created by an individual or an organization (each, a
Campaigner
orPetitioner,
as applicable). Campaigners and Petitioners will register with Company through the Site to create a Campaign or Petition. You acknowledge and agree that you (and not Company) are responsible for promoting and maintaining your Campaigns and Petitions, but that Company may select Campaigns and Petitions to promote by any means, including featuring a Campaign or Petition on the Site or emailing information about (or a link to) a Campaign or Petition to Registered Users, as long as such means do not violate these Terms. - Partners. We may elect to work with and provide Services (including maintaining Campaign or Petition sites located on the Site) to certain individual or organization-based Campaigners or Petitioners (each, a
Partner
). If All Out decides to engage you, you or your organization will receive a confirmation email from Company specifically identifying you or your organization as a Partner. All Out may reach out to discuss the details of your Campaign prior to engaging you. You are not a Partner until you receive a confirmation email from us stating that you are a Partner. We maintain sole discretion in whether to approve a Partner application or request, and may deny or cancel a Partnership for any reason, or none whatsoever. - Community Campaigns. We also offer the ability for users to host a Campaign focused on raising money for another approved NGO, organization or All Out through donations (each, a
Community Campaign
). Unlike other Campaigns, Community Campaigns’ proceeds directly go to help the chosen, third-party organization. Community Campaigns may be for any approved event of your choosing (e.g., a birthday party or a wedding), but the recipient of the Community Campaign proceeds (theCommunity Campaign Donee
) must be preapproved by us, in our sole discretion. Community Campaign Donees are limited to approved NGO organizations or, alternatively, can be All Out. Community Campaigns must be preapproved by us, and will only begin after we have sent you a confirmation email regarding the details of the Community Campaign. The creator of a Community Campaign (aCommunity Campaigner
) is required to adhere to these Terms and any other rules or instructions set forth in the confirmation email or elsewhere by us in relation to the Community Campaign. Registered Users may apply to create a Community Campaign here. We maintain sole discretion in whether to approve a Community Campaign, a Community Campaign Donee, or any aspect thereof, and may deny or cancel a Community Campaign for any reason, or none whatsoever. Community Campaigners acknowledge and understand that they do not have any rights in or to the funds or proceeds, if any, raised through their Community Campaign or in how those funds are used, although we will strive to use them for the purpose agreed to in the Community Campaign. For avoidance of doubt, a Community Campaign is a subset of Campaigns, and is included within that definition for purposes of this Agreement. If you make a Donation toward a Community Campaign, it is your responsibility to understand the details of the Community Campaign, and you donate at your own risk.
Campaigners, including Community Campaigners, and Petitioners represent, warrant and covenant that all information provided in connection with a Campaign or Petition is accurate, complete and truthful.
Please note that Site visitors may access a Partner’s Campaign or Petition sites by clicking on links provided by the Partner or by a third party. Any Site visitor who accesses a Partner’s Campaign or Petition site is subject to Company’s Privacy Policy and Terms of Service and may also be subject to the Partner’s (or a third party’s) own privacy policy and terms of service. If there is any content, advertising, products, services or other materials included or accessible through a Partner’s Campaign or Petition sites other than Campaigns or Petitions themselves, Company and its Affiliated Entities neither endorse nor are responsible or liable for any such content, advertising, products, services or other materials. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY INFORMATION ON A PARTNER’S SITE.
8. Information Submitted by You Through the Site; Submissions.
You are responsible for any Submissions (as defined below), information, text, reviews, posts, images, videos or other materials or content that you post on a Site, upload to us, or transmit through our Sites (User Content
). You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You also agree, represent and warrant that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through a Site any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. You agree that if any User Content you provide is false, inaccurate, obsolete or incomplete, or is information that you do not have the right to share or upload, we may terminate your use of the Site or any Services. If you are uploading a Donation receipt, you represent and warrant that you have the right to upload the Donation receipt and understand that receipts may contain information about your Donation.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION OR WHICH IS ILLEGAL TO POST IN YOUR JURISDICTION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
User Content License: For purposes of clarity, you, or the rightful owner, retain ownership of your User Content, including Submissions, including information, content, and/or materials protected by copyright, trademark, trade secret, right of publicity, or other proprietary right. However, please note that we need certain rights to your Submissions in order to make them available on the Site or to otherwise provide the Services. As a result, by submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you hereby grant and agree to grant to Company, the Affiliated Entities, and their respective service providers and designees a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, fully paid-up, perpetual, irrevocable right and license, without additional consideration to you or to any third party, to reproduce, distribute, adapt (including edit, modify, translate, and reformat), create derivative works of, transmit, perform and display (publicly or otherwise), and otherwise use, analyze, and exploit such User Content in any media now known or hereafter developed for any purpose in connection with the Site or the Services, including to use your User Content in connection with Company campaigns or advertisements and to publicize your Campaign through any media.
In addition, if you provide us with any ideas, proposals, suggestions, or other materials (Feedback
), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, including any Campaign, are complete and accurate, are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party, and do not infringe, misappropriate, or otherwise violate any intellectual property rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law and under any legal theory.
We may allow you to post certain information, content, messages, text, images, videos, links, and/or materials in connection with Campaigns or Petitions or on your profile page (your Profile
) (each, a Submission
). Further, we and/or our service providers may make available through the Site interactive services (such as message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, on the Site or a Campaign or Petition, among other services) which give you the ability to post Submissions (each, a Forum
). Submissions are User Content and are subject to our Rules of Conduct above. WE RESERVE THE RIGHT TO REMOVE ANY SUBMISSION, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.
Please note that Site visitors (including Campaigners, Petitioners and Partners) may sometimes post Submissions in connection with Campaigns, Petitions, Profiles, and/or Forums that are inaccurate, misleading, or deceptive. Without limitation of Section 12, Company and its Affiliated Entities neither endorse nor are responsible for (a) any positions taken by or associated with Site visitors or any organizations represented by, affiliated, or associated with Site visitors (including positions taken by Campaigners or Petitioners in their Campaigns or Petitioners, on social media sites, or on other websites, or for positions taken by any Community Campaign Donees on social media sites, or on other websites) or (b) any opinion, advice, information, or statements posted in connection with Campaigns, Petitions, Profiles, and/or Forums by Site visitors. The opinions expressed in Campaigns, Petitions, on Profiles, and/or in Forums reflect solely the opinions of the individuals or organizations who submitted such opinions, and do not necessarily reflect the opinions of Company.
Forums are Public: You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content or Submission you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Sites and may employ anonymous usernames when doing so. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.
Our Rights: You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content and Submissions before allowing it to be posted on a Site or any Forum; (b) monitor User Content and Forums; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to operate a Site, to protect us, our Site visitors or others, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose we deem appropriate. If you see User Content on our Sites that you believe violates this Agreement, please contact us.
In addition, and without limitation to the foregoing, Company and its Affiliated Entities have no control over and are not responsible for any Submissions or other information or materials made available through Campaigns, Petitions, Profiles, and/or Forums (including errors or omissions in Campaigns, Petitions, Profiles and/or Forum postings or links, text, images, or videos embedded in Campaigns, Profiles, and/or Forum postings) or results obtained by using any such information or materials. UNDER NO CIRCUMSTANCES WILL COMPANY, THE AFFILIATED ENTITIES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS, BE LIABLE FOR ANY LOSS, LIABILITY, OR DAMAGE CAUSED BY SUCH INFORMATION OR MATERIALS OR YOUR RELIANCE ON SUCH INFORMATION OR MATERIALS.
Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through the Site or send us in any manner is governed by the Company’s privacy policy, which is currently located here (the Privacy Policy
). Company and its Affiliated Entities have no control over, and will have no liability for, any losses, liability, or damages resulting from the use (including republication) or misuse by any third party of information voluntarily submitted or made public through a Campaign, a Petition, a Profile, a Forum, or any other part of the Site. IF YOU CHOOSE TO SUBMIT OR MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A CAMPAIGN, A PROFILE, A FORUM OR OTHERWISE ON THE SITE, THEN YOU DO SO AT YOUR OWN RISK.
9. E-Commerce; Shopping.
Some of our Sites, such as https://allout.org/en/shop may allow you to purchase products directly on them (eCommerce Sites
). Although we have a variety of eCommerce Sites that sell different types of products and services for different currencies, the provisions of this Agreement apply to all of them.
Orders
Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on a Site.
We may make improvements and/or changes in products or services described on the Sites, add new features, or terminate a Site at any time without notice. We also: (a) reserve the right to change the goods and services advertised or offered for sale through an eCommerce Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on a Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on a Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on an eCommerce Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the Site has a non-U.S. domain), products sold on the eCommerce Sites are intended for end use in the United States and are not labeled or intended for international distribution. Taxes: If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
Payment Processing: We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.
Returns and Exchanges
Returns and Exchanges are only available for items that are damaged on arrival or are incorrect items that you did not order. Refunds will not be issued for products that have not been purchased directly through a Site. We reserve the right to deny a return or exchange for any reason, in our sole discretion and determination. We also reserve the right to deny a return or exchange if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.
To request a return or exchange, you must contact us by following the instructions on the Site.
In your return or exchange request, you must indicate the specific product with which you are not satisfied, and include your order number, name, and contact information, as well as the reason for your return or exchange request and the new product with which you would like to replace the returned product if you are requesting an exchange.
Please note that all returns and exchanges are also subject to the discretion of our fulfillment companies, Spreadshirt (for EU orders) and Printful (for US and all other orders). WE THEREFORE CANNOT GUARANTEE ANY RETURN OR EXCHANGE, EVEN FOR DAMAGED OR INCORRECT ITEMS.
Please note that may be subject to Spreadshirt’s Terms & Conditions and Printful’s Terms of Service as well any other policies and terms of our fulfillment companies when you place an order through our Site. We have no control over third party terms, rules or policies.
If we accept your return or exchange request, you must initiate the return of the applicable product within 30 days from the date of original shipment. Products returned after the 30-day return period may have their return or exchange denied. If you do not have an Account, we may issue you a shopping credit through other means.
To initiate the return of a product, you will need to use a return label that we provide you. Once you repackage the product that you are returning, securely affix the return label to you to your package and drop off your package at a local post office or courier office, your return or exchange will begin to be processed as soon as we have confirmed receipt of your return. We may not reimburse you for any shipping and handling fees that you incurred in returning any such product.
Promptly within receipt of a returned product, a credit will be issued back to the original method of payment if you selected a refund, or the new products that you requested will be shipped to you if you requested an exchange.
Please note that a new product for which you want to exchange the returned product may not be in stock. In such case, you will receive a shopping credit as described above.
If you are making an exchange, new products that are in stock may not equate to an even exchange and there may be a price difference between the new product and the returned product. Any difference in pricing for an exchange will be placed back on the original method of payment. If we are unable to do so, your exchange may not be completed. We may contact you for new payment information or elect to treat it as a return instead.
Refunds
We may allow you to seek a a refund; meaning all or a portion of the purchase price is returned to you without you providing the item back to us in certain cases. We reserve the right to only issue a refund, or require a return or exchange, in our sole discretion. Refunds will not be issued for products that have not been purchased directly through the Site. Refunds are only available if an item is damaged upon receipt or incorrect. Please note that all refunds are also subject to the discretion of our fulfillment companies, Spreadshirt (for EU orders) and Printful (for US and all other orders). WE THEREFORE CANNOT GUARANTEE ANY REFUND, EVEN FOR DAMAGED OR INCORRECT ITEMS.
Timing: For refund eligible products, you have 30 days from the date of shipment to contact us for a full refund of the purchase price (less shipping and handling fees). Following such 30-day period, no product is eligible for a refund. However, even after 30 days, we encourage you to contact us if you are unsatisfied with a product and so we can improve your experience, which may include providing an exception to this refund policy.
Conditions: Your refund is subject to the following conditions:
To request a refund, you must contact us by following the instructions on our Site.
In your refund request, you must indicate the specific product with which you are not satisfied and include your order number, name, and contact information, as well as the reason for your refund request.
If both we and Spreadshirt (for EU orders) or Printful (for US and all other orders) accept your refund request, you will receive a credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed. We may contact you for new payment information or provide your refund in another way, such as through your Account.
Shipping:
Shipping is handled by our fulfillment centers, Spreadshirt (for EU orders) and Printful (for US and all other orders). We are not liable for any lost shipments. If you have questions regarding shipping, please Contact Us.
Promotions:
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, Promotions
) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
Promo Codes, Gift Cards and Discounts
Certain Sites create or advertise promo codes, discounts, gift cards, coupon codes, and offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.
Gift cards are not refundable, returnable or exchangeable, except in jurisdictions where required by law. Gift cards, and any amount on a gift card, may not be exchanged for cash. We are not responsible or any lost or stolen gift cards, and will not refund or exchange any lost or stolen gift cards. We reserve the right to amend or correct the balance on a gift card at any time if we believe any error has occurred. Gift cards may only be used on our Sites. Gift cards may not be usable from all jurisdictions.
10. Your Rights.
The information and materials made available through the Site, including the Services, are and will remain the property of Company and its Affiliated Entities, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for as long as you are permitted by Company to access and use the Site, you may view any content on the Site which we provide you access solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by Company in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site. See our Rules of Conduct above for more information on your allowed use of our Site.
11. All Out's Rights.
Content is the protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Sites, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited. Our trade names, trademarks, and service marks include ALL OUT
and any associated logos. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company’s trade names, trademarks, or service marks or logos without the express prior written consent of the owner.
Subject to your compliance with this Agreement, we grant you a limited license to access and use the Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.
Sites may allow you to download certain Content, applications, software, and other information or materials. The Company makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with the Company or a third party.
12. Third Party Materials; Links.
Certain Site functionality and visitors to the Site (including Campaigners, Petitioners and Partners) may make available access to information, products, services, and other materials or online resources (including the Payment Service Page, Partner’s Campaign or Petition sites, and other websites) made available by third parties, including Submissions (Third Party Materials
), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
We may also maintain a presence on and link to social media websites, including Facebook, LinkedIn, Twitter and Instagram, and others (collectively, Social Media Pages
), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.
Company will have the right, at any time, to block links to the Site through technological or other means without prior notice.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
13. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE AND ANY GOODS OR SERVICES (INCLUDING CAMPAIGNS AND PETITIONS) AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN AS IS,
WHERE IS,
AND WHERE AVAILABLE
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY GOODS OR SERVICES (INCLUDING CAMPAIGNS) AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
While we employ reasonable efforts to maintain the timeliness, integrity, and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct, or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors, and materials that violate or conflict with this Agreement.
If you become aware of any unauthorized alterations made to the Site, contact us using the form available here, with a description of such alteration and its location on the Site.
14. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT OR CAMPAIGN POSTED ON THE SITE BY COMPANY OR ANY THIRD PARTY, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, OR FROM ANY PRODUCTS, OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE SITE OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
15. Indemnity.
To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company and its Affiliated Entities, and their respective successors and assigns, from and against liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site; (b) your Submissions and User Content; (c) if you are a Campaigner or Petitioner, any of your Campaigns and Petitions; or (d) any violation or alleged violation of this Agreement by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
New Jersey Residents: If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
16. Termination.
This Agreement is effective until terminated by either you or us. In addition to any right or remedy that may be available to us under applicable law, Company may terminate, limit or suspend your use of the Site (including terminating your Campaigns, Petitions or Partner’s Campaign or Petition sites), or any portion of the Site, at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter and spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and Account, and all associated materials (including any Campaigns), without any obligation to provide any further access to such materials. The preamble and all provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Content obtained from the Sites and all copies thereof; (ii) you will immediately cease all use of and access to the Sites; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your Registered User Account at any time. You agree that if your use of a Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of a Site after termination will be a violation of this Section, which survives any termination.
Even after the termination of this Agreement or of your Account or access to a Site, any User Content you have posted or submitted may remain on a Site indefinitely.
17. Children.
Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE OUR SITES. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not establish a registered Account with us, and you should use our Sites only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Sites or sections of our Sites, as well as promotions, programs and commerce we may offer on a Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Sites or certain sections or features of our Sites, you should not attempt to do so.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such Sites.
18. Severability.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.
19. Disputes, Arbitration and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Except as may be otherwise described herein, any dispute, claim or controversy arising out of or relating to this Agreement, other agreements on the Site, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in New York City, New York before one arbitrator or submitted to small claims court in New York City, New York. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having appropriate jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2. Reasonable discovery will be allowed during arbitration in accordance with these rules. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267 (within the USA).
No Class Actions: EXCEPT FOR COORDINATED CLAIMS (AS DEFINED BELOW), YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND WE ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, except for Coordinated Claims (defined below), unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your or our claims respectively, and may not otherwise preside over any form of a representative or class proceeding.
If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and shall be severed from the remainder of this Agreement.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Seeking Arbitration: If you believe you have a dispute with us, prior to initiating arbitration or filing a claim in small claims court, you must first call us and present your claim or dispute to allow us the opportunity to resolve the claim or dispute. Similarly, if we believe we have a dispute with you, All Out will first contact you in an attempt to resolve the dispute. If the dispute cannot be resolved and either you or we intend to seek arbitration, the party wishing to initiate arbitration must send to the other party, a written notice of the claim (Notice
). Your Notice to us must be delivered by certified mail and addressed to: All Out Action Fund, Inc., 169 Madison Ave STE 11089, New York, NY 10016, U.S.A. If we initiate arbitration, we will send a written Notice to an email address or other contact information you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (Demand
). If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. Except in the event of a Coordinated Claim (as defined below), if you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least US$100 greater than our last documented settlement offer, we will pay your awarded damages or US$2,500, whichever is greater.
Coordinated Proceedings: If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (Coordinated Claims
), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for All Out shall each select five (5) cases to proceed first in arbitration in a bellwether proceeding (Test Cases
). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five (5) cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against All Out. Individuals bringing Coordinated Claims shall be responsible for up to US$250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
20. International Users.
Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the United States, unless otherwise disclosed. The products referred to on Sites may only be available in the territory to which that Site is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE CONTENT OR OTHER INFORMATION AND MATERIALS ON OUR SITE, INCLUDING, WITHOUT LIMITATION, THE INFORMATION AND OTHER MATERIALS PROMOTING THE CAMPAIGNS IDENTIFIED ON OUR SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country or jurisdiction in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THE GOVERNING LAW AND RULES SUBSECTION OF SECTION 19 OF THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
AUSTRALIA
Where any Act of Parliament implies any condition or warranty in relation to your use of a Site and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.
CANADA
L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, you may contact us by mail to All Out Action Fund, Inc., 169 Madison Ave STE 11089, New York, NY 10016, U.S.A.; or by email to contact@alloutlorg.
EUROPEAN UNION
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
UNITED KINGDOM
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
21. Consent to Communication.
BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.
When you use a Site, make a Donation to us, or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, making a donation, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
If you agree that we may text you, you acknowledge and agree that we may contact you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing text messages. You understand and acknowledge that this consent is not a condition of buying any property, goods or services, and that message and data rates may apply. Neither the Company nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message marketing program or if the number is otherwise reassigned. You can revoke your consent to receive such text messages at any time by replying STOP to the number from which you receive the message.
If you consent for us to contact you through a third-party app or software, you may be subject to the terms of that app or software, and we waive any and all liability associated with the use of the software or app.
22. Claims of Copyright Infringement.
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA
), or where required, the laws of any applicable country. The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe in good faith that materials available on the Site (including materials on any Campaigns or Petitions) infringe your copyright, you (or your agent) may send a written notice to our designated copyright agent (the Designated Agent
), identified below, with the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
- The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
- Your name, mailing address, telephone number and email address;
- The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Designated Agent: Sharifah Taqi
Email: [email protected]
Address: All Out Action Fund, Inc., 169 Madison Ave STE 11089, New York, NY 10016, U.S.A.
Phone: 347.201.0985
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
- Your name, mailing address, telephone number and email address;
- The following statement:
I consent to the jurisdiction of [insert one of the following: (1)
;the Federal District Court in which my mailing address is located
, or (2) if you reside outside of the United States,the United States District Court for the United States District Court for the Southern District of New York
]; - The following statement:
I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent;
- The following statement:
I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
and - Your signature, in physical or electronic form.
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
23. Export Controls.
You are responsible for complying with U.S. export controls and for any violation of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a terrorist supporting
country; or (b) on any of the U.S. government lists of restricted end users.
24. Miscellaneous.
This Agreement does not, and shall not be construed, to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Company. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term including
or variations thereof in this Agreement shall be construed as if followed by the phrase without limitation.
This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
25. Contact Us.
If you have a question or complaint regarding the Site or this Agreement, please send them to us using the form available in the Contact Us page. You may also contact us by writing to All Out Action Fund, Inc., 169 Madison Ave STE 11089, New York, NY 10016, U.S.A. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. If you live in a country where it's illegal to be gay or a member or supporter of the LGBT+ community, or want to share confidential information with All Out, please consider contacting us through one of the channels described here. PLEASE NOTE, HOWEVER, THAT NO TRANSMISSION METHOD IS ENTIRELY SECURE, AND WE CANNOT GUARANTEE THE SECURITY OR CONFIDENTIALITY OF ANY INFORMATION YOU SHARE WITH US, EVEN THROUGH ONE OF THE SECURE METHODS MENTIONED ON OUR WEBSITE. WE ARE NOT LIABLE FOR ANY RISKS OR HARM THAT MAY BEFALL YOU IF YOU SHARE ANY INFORMATION WITH US AND YOU DO SO AT YOUR OWN RISK. ANY ADVICE WE GIVE FOR HOW TO REMAIN CONFIDENTIAL OR ANONYMOUS IS FOR EDUCATIONAL PURPOSES ONLY AND IS TAKEN AT YOUR OWN RISK.
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