2. HOW WE COLLECT AND USE INFORMATION
Communicating with You: We may use your Personal Information for the purpose of communicating with you, or allowing others to communicate with you, about matters consistent with our mission, and to respond to your inquiries.
Registration: When you register on one of our Sites, you will be asked to provide certain Personal Information, including your name, email address and postal code, which we will add to our mailing lists.
Online Activism: We may allow you to send messages to government officials and other decision-makers or sign petitions by means of our Sites. To do so, you will need to identify yourself by providing Personal Information, including your name, email address and postal code. We will forward this Personal Information to the specified recipients of the messages or targets of the petitions, as applicable.
Sharing with Friends: If you use our feature allowing you to share the Foundation’s message with friends by email, you will need to provide your own email address and name, along with the email address of the person(s) with whom you wish to share our message. You will also have the option of providing us with access to your email contacts list for this purpose. Whether you enter individual email addresses or provide access to your contacts list, we would only use the email address(es) for the one-time purpose of sending the specified message via email and would not retain the email addresses in our database.
Surveys: We may ask you to complete surveys or opinion polls from time to time. If we do so, participation will be voluntary, and we will only use the information that we collect in an aggregate manner, not in individually identifiable form.
Donations or Purchases: Although we do not currently offer these features, if we ever provide an opportunity for users of the Sites to make online donations or purchases by credit card, we will ask you to provide Personal Information, including your name, postal and email address, telephone number and credit card information, which we will use to process the transaction. We might also add your contact information (but not credit card information) to our mailing lists.
Inquiries: If you send us a comment or question, we will retain the information that you provide to us for the purpose of responding to you, as well as for improving the Sites.
Blogs: Our Sites may provide an opportunity for you to comment on blog postings or provide your views in other open forums. Any information or materials that you post to the Sites for such purpose will be accessible by other users of the Sites. We cannot control what other users might do with such information or materials.
Web Logs: We maintain web logs that automatically record basic information about everyone who visits the Sites. We use web log information to help us improve the Sites, to identify popular features, and for other administrative and analytic purposes. We may also use web logs to help identify any person who may be misusing the Sites. These logs contain:
· Your IP address.
· The type of browser and operating system that you use.
· The date and time you visited a Site.
· The pages that you visited on a Site.
· The address of the website you linked from to get to a Site.
Web beacons: The Foundation uses web beacons alone or in combination with cookies to compile information about how people use our Sites and interact with our emails. Beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular website tied to the beacon, and a description of a website tied to the beacon. For example, we may place beacons in emails that notify us when you click on a link in the email that directs you to one of the Sites. We may use beacons to operate and improve our Sites and email communications.
3. HOW WE SHARE INFORMATION
Other Organizations: We may share Personal Information with our affiliates, lawmakers and other organizations for purposes consistent with the objectives of the Foundation.
Service Providers: We contract with third party service providers to perform functions for us. These service providers may be given access to the information we collect for the purpose of performing those functions, but they will be contractually bound to maintain the confidentiality of the information and not to use it for any other purpose.
Mergers or Transfers: If we were to merge with, or transfer all or substantially all of our assets to, another organization, one of the assets we would likely include in the transfer is our database of Personal Information.
Disclosures for Legal Reasons: We will disclose Personal Information when we are required to do so by law, regulation or other legal requirement, for example, in response to a court order or subpoena. We also may disclose such information in response to a law enforcement agency’s request or when we believe such disclosure is appropriate to protect our legal rights or to protect anyone’s property or safety.
4. OUR LINKS: Our Sites include links to other websites whose privacy practices differ from those of the Foundation. If you submit Personal Information to any of those sites, that information will be governed by their privacy policies. We encourage you to carefully read the privacy policies of any website you visit.
5. YOUR PRIVACY CHOICES
We take reasonable steps to ensure that the information we collect is reliable for its intended use, accurate, complete and current. If you would like us to stop sending you email or other communications or would like to access your Personal Information to correct or delete it, you may send us a request at email@example.com or firstname.lastname@example.org. We will endeavor to satisfy such requests within a reasonable time.
6. HOW WE SECURE YOUR INFORMATION
We use reasonable means to safeguard the security of Personal Information and prevent unauthorized use, disclosure, destruction, and changes of data. However, security can never be foolproof on the Internet, and we cannot guarantee the security of your Personal Information. Moreover, because Internet communication is unsecure, the information you supply to us or your access of any information via the Sites could be intercepted during transmission.
7. WHO MAY USE THE SITES
The Sites are intended for use by adults. We do not target, or knowingly collect any Personal Information from, children under the age of 13.
8. HOW YOU CAN REACH US
By using either of the Sites, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.
1. WHO WE ARE. The Foundation is an independent organization dedicated to increasing opportunity and investment in education in New York State. We have been recognized by the Internal Revenue Service as a not-for-profit public charity under Section 501(c)(4) of the Internal Revenue Code. You may obtain a copy of organizational and other documents for the Foundation by contacting the Charities Bureau of the New York State Attorney General or us at the notice address at the end of these Terms.
2. WHO MAY USE THE SITES. The Sites are intended for use by adults. You must be at least 13 to use the Sites. To use certain features on the Sites, such as signing certain petitions, we may require that you be at least 18 years old or specify other eligibility requirements.
3. WHAT’S NOT ALLOWED. When using either of the Sites, you agree that you will not:
(a) violate any applicable federal, state and local laws, ordinances and regulations;
(b) submit or upload any text, video or other materials (“Your Information”) that are unlawful, harmful, fraudulent, threatening, harassing, discriminatory, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or publicity or infringe any intellectual property right (“Intellectual Property Right”), including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
(c) submit any personal information, including names or email addresses, pertaining to individuals under 13 years old;
(d) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or include intentional inaccuracies in Your Information, including when you register on a Site or sign a petition;
(e) violate or attempt to violate the security of the Sites;
(f) reverse engineer or decompile any portion of the Sites; or
(g) infringe any Intellectual Property right of the Foundation or its affiliates; or
(h) “scrape” information from the Sites by automated means.
6. INDEMNITY. You agree to indemnify and defend the Foundation and its affiliates, and their respective officers, directors, owners, agents and licensors (collectively, the “Indemnified Parties”) and hold them harmless from and against any and all liability and costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with Your Information or any breach by you of these Terms. The Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
7. DISCLAIMERS; LIMITATIONS OF LIABILITY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE SITES. THESE SITES ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COALITION OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SITES. THE COALITION’S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO US IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY, OR (B) IF YOU HAVE NOT MADE ANY PAYMENT, THE AMOUNT OF $100. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THE COALITION’ S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
8. CHANGES TO THESE TERMS. The Foundation may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to you after the Foundation provides notice on the Sites that these Terms have changed, and you first use the Sites following the date of such posting, (ii) the changes will only apply with respect to your use of the Sites after such changes become effective, and (iii) any imposition or change of payment obligations, if any, will only apply if and when you expressly agree. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Sites.
9. DIGITAL MILLENNIUM COPYRIGHT ACT. If you believe that either of the Sites contains content that infringes on your copyright, please forward the following information by email to email@example.com or firstname.lastname@example.org or by postal mail to: Invest In Education Foundation, Attention: Copyright Agent, 26 Century Hill Drive, Suite 203, Latham, NY 12110.
· Your address, telephone number, and email address;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the alleged infringing material is located;
· A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
10. MISCELLANEOUS. No joint venture, partnership, employment or agency relationship exists between you and the Foundation as a result of these Terms or your use of the Sites. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. These Terms will be effective as of the date accepted by you. These Terms represent the entire agreement between you and the Foundation with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter. The Foundation may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced. These Terms will be governed by the laws of the United States of America and the State of New York, without regard to conflict of laws rules. The parties consent to have any action or dispute between them resolved exclusively within the jurisdiction of the state or federal courts located in the State of New York. In addition to money damages, the Foundation shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The headings in these Terms are for convenience only and are not to be considered in construing it. All references in the Terms to “including” shall be deemed to mean, “including, but not limited to.” All references in these Terms to “we,” “our” or variations thereof shall be deemed to refer to the Foundation. All references in these Terms to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. We will send any notices that are intended for you personally and not all users of the Sites to you at the most recent email address we have on file for you. Any notice from you to the Foundation should be sent by email to email@example.com or firstname.lastname@example.org or by postal mail to: Invest In Education Foundation, Attention: User Support, 26 Century Hill Drive, Suite 203, Latham, NY 12110.