TERMS OF USE and TERMS OF SERVICE

ACCEPTANCE OF TERMS

We intend our websites to be helpful and educational. These Terms of Use and Terms of Service, (collectively, “Terms”) are an agreement between you and Take Back The Night Foundation, along with our subsidiaries and affiliates (collectively, “TBTN”). These Terms are the legally binding terms governing use of our websites, resources, conferences and programs; including, but not limited to, documents, research, reports, manuals, guides, software programs, and any other materials or services we provide whether or not there is a fee paid to use them (collectively, “Services”).

Please read these Terms carefully before using the Services. If you do not agree with any of these Terms please do not use our Services, because by using the Services you will be deemed to have irrevocably agreed to these Terms, and therefore a user (hereinafter, “User”) of our Services.

These Terms may be revised and reissued without notice at any time. You should visit this page regularly to review the current Terms, since your continued use of the Services will be deemed as irrevocable acceptance of any revisions.

LIMITATIONS OF USE

We will endeavor to make your experience in using the Services free from trouble, but we cannot always anticipate problems with Service delivery, accessibility, or other difficulties. These problems may result in loss of data or other Service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided “AS IS.” We and our third party service providers do not assume responsibility for nor can we guarantee the timeliness, deletion, mis-delivery, or failure to store any User information.

We reserve the right to change or discontinue, temporarily or permanently, the Services at any time without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Services.
RESPONSBILITIES OF USERS
For the benefit of all Users and to comply with applicable laws, we require you to follow these rules when using the Services. Failure to comply with these rules may result in the immediate termination of your use, account, and/or any Service through which your use is provided.

Copyright Restrictions and Non-commercial Use. We are providing you with a non-exclusive, non-transferable, revocable limited license to use the Services for personal, non-commercial, private use. You may not download, save, copy, transmit, or distribute the content from the Services, other than the content clearly indicated as designated for this purpose. All website codes, design, text, graphics, videos, music, works of art, written text, images, layouts, questionnaires, surveys, and software provided through the Services are protected by international copyright laws. Any use, publication, sale, or redistribution in any form or medium of any proprietary content provided or accessed through the Services, no matter whether in part or in whole, is strictly prohibited without the prior written permission of TBTN.

Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself as requested in your use of the Services; such as through forms, questionnaires, assessments, quizzes, and module applications.

Guard Your Password and Information. If you receive or create a password to use the Services when completing the registration process or setting up any account, you are responsible for maintaining the confidentiality of your password and account; and you are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. You hereby acknowledge that the information provided in association with your use of the Services may include personally identifiable information and it is your responsibility to keep all such information confidential and secure.

Obey the Law. You represent and warrant that you will not use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the copyrights or other intellectual property of others. We reserve the right to remove any content that we find unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable. You agree and acknowledge that if we determine or reasonably suspect that you are reselling or brokering information, programs, computer applications, or data accessed through the Services, or are otherwise violating any provision of these Terms, or any of the laws, regulations, or rules described herein; we may take immediate action, including without limitation, legal action, and/or terminating the delivery of, and the license to use, the Services by you and/or the entity through which you are accessing the Services.

Use by Minors. The Services may not be used by individuals under the age of 18 unless they are doing so with the express permission of a parent or legal guardian. As the parent, guardian, school, or other organization subsequently enabling anyone who is under the age of 18 to use the Services, you agree to obtain any and all permissions and consents for minors to use the Services required by federal, state, and local law, including but not limited to, the Children’s Online Privacy Protection Act and the Family Educational Rights and Privacy Act. Any User allowing a minor to access and use the Services understands that you will be wholly responsible for any and all consequences, both intended and unintended, arising from use of the Services by the minor.

RIGHTS GRANTED TO TBTN

To enable us to provide these Services and the benefit of all Users, all Users grant the following rights and assigns to TBTN.

Collection and Use of Information. In the course of your use of the Services, you may be asked to provide personally-identifiable information; including, but not limited to, your name, e-mail address, physical address, mailing address, phone number, age, gender, race, sexual orientation, religious beliefs, hobbies, interests, experiences, attitudes, behaviors, and other information through the completion of questionnaires, forms, quizzes, and other data input mechanisms. Information about your technology device used to access the Services and its hardware and software may also be collected; including your IP address, browser type, domain names, access times, and referring Website addresses. This information is used for the proper operation and quality of the Services, and to provide general statistics regarding use of the Services. You agree to permit us to use this information as needed while maintaining the anonymity of your personal information or as permitted by the terms of the Subscription through which you use the Services.

Feedback, Ideas, and Other Submissions. You agree that all suggestions, comments, and other submissions provided to TBTN in connection with your use of the Services, including but not limited to; form submissions, questionnaire responses, quiz responses, assessment tool responses, voice messages, text messages, images, logos, social media or website postings, e-mails, and any other submissions (collectively, “Submissions”) become the exclusive property of TBTN. You agree that TBTN may modify, display, distribute, disclose, revise, create new material, and delete any Submissions in any manner of its choosing, without restriction and without identifying you as the creator of the Submissions. You represent and warrant that your Submissions are your original creations and/or that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property or privacy rights. You agree that you will not be compensated for these Submissions.

You agree to permit TBTN and our third parties to analyze, process, and generate reports and other written or visual materials based on your Submissions, and that these items may be made available to the general public. You agree that the provisions in this paragraph will survive any termination of the Subscription through which you access the Services and/or your use of the Services.

Account Access and Privacy. In order to ensure that TBTN is able to provide high-quality services that are responsive to Users’ needs, you agree that TBTN can access your account, records, and Submissions as reasonably needed to ensure the Services are safe for all Users and function properly. You understand and agree that TBTN reserves the right to investigate any improper use of the Services that we reasonably suspect to be in violation of the terms set forth in this agreement.

LEGAL DISCLAIMER AND LIMITATION OF LIABILITY

Educational information. These Services are provided for the purpose of general educational information only. This information does not constitute, nor is intended to constitute, legal, medical, or professional advice. You should obtain professional advice from licensed professionals as needed. In providing these Services, we have made our best effort to offer current, correct, and clearly expressed resources. Nonetheless, inadvertent errors can occur, and applicable statistics, theories, laws, educational strategies, technologies, and regulations often change. You are fully responsible for any misunderstandings and losses, directly or indirectly, in the course or as a result of using the Services.

Links to Third Parties. You hereby agree to accept all information “AS IS” and acknowledge that TBTN obtains and provides data from third-party sources, which may or may not be completely thorough and accurate, and that you shall not rely on TBTN for the accuracy or completeness of information supplied through the Services. You understand that restrictions may be placed on accessing certain portions of the Services which might otherwise be available. TBTN reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, the Services.

Limitation of Liability. You agree that neither TBTN nor any third party affiliated with the Services will be liable for any harm(s); whether direct, indirect, incidental, special, consequential, and/or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if TBTN has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the ineffective operation of any of the Services; (iii) the cost of getting substitute goods and services resulting from any products, data, information, or services purchased through or from the Services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone using the Services; (vi) for any loss or injury arising out of or caused in whole or in part by TBTN acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Services; and (vii) any other matter relating to the Services.

Disclaimer of Warranties. You expressly understand and agree that TBTN makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, (v) we will receive or respond to your e-mail, voicemail, or any other communications and they will receive a response, and (vi) any errors in the software or Services will be corrected at any time. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your technology devices or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services, or through the Services, will create any warranty not expressly stated in these Terms.

Indemnification. You agree to protect and fully compensate TBTN from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) arising from or in any way related to your use of the Services, your violation of the Terms or your infringement, or infringement by any other User of your account, of any intellectual property or other right of anyone. TBTN’s rights under these Terms may not be waived unless TBTN agrees to such change in writing.

Merger or Acquisition. In order to ensure a smooth transition of our provision of the Services and your use of the Services, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by TBTN, you agree to allow TBTN to transfer your data and information to a third party as necessary.

Language and Foreign Territories. You understand and agree that these Terms and the Services are provided in the English language; that the Services are provided from within the United States, are designed for use within the United States, and may not be appropriate for use outside the United States. TBTN does not guarantee that the Services will be available outside the United States nor that the Services will be compliant with the laws or regulations of foreign territories

Waiver and Severability. These Terms are the entire understanding between you and TBTN about the Services. If any provision of these Terms is invalid or unenforceable under applicable law; it is, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect. Any notices related to these Terms must be submitted in writing to the TBTN Service Department at the address below. The failure of TBTN to require or enforce strict performance by you of any provision of these Terms or the failure to exercise any right under them, should not be construed as a waiver or relinquishment of TBTN’s right to assert or rely upon any such provision or right in that or any other instance. You and TBTN agree that if any portion of these Terms of Use is deemed to be illegal or unenforceable, in whole or in part by any court of competent jurisdiction; such provision will, as to such jurisdiction, be ineffective only to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect.

Choice of Law. These Terms, Subscription Agreements, and all matters relating to your access to, or use of, the Services shall be governed by U.S. federal law or the laws of the Commonwealth of Pennsylvania, excluding that body of laws known as conflicts of laws.

Statute of Limitations. You and TBTN both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or any of these Terms and any Subscription Agreement must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

Arbitration. You agree under these Terms, you and TBTN are waiving the right to a trial by jury. You agree to arbitrate all disputes and claims arising out of or relating to these Terms between TBTN and you, including our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. A party who intends to seek arbitration must first send written notice of your intent to arbitrate to:
TBTN Services Department
PO Box 332
Wayne, PA 19087

The notice to TBTN should be sent by U.S. Postal Service certified mail. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or TBTN may commence an arbitration proceeding. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms included in these Terms. If the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then you agree to reimburse TBTN for all monies disbursed by it related to this arbitration, including, but not limited to, reasonable attorneys’ fees and expenses incurred for the arbitration. The arbitrator may award 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. You and TBTN agree that you and TBTN may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s or Subscribing entity’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.

Terms of Service

If you are using the Services as part of a paid transaction with TBTN, please read these additional Terms of Service carefully, as they also govern your use of the Services. These Terms of Service, in combination with the Terms of Use and the Subscription Agreement when applicable, are the legal and binding agreement between TBTN and entities using the Services through a paid transaction. When an entity’s representative registers or creates an account for the entity and its Users to access the Services, the entity agrees to be legally bound by these Terms and any Agreement it has signed on behalf of it and its Users.

Payment Obligation and Credit Card Authorization. Users are responsible for paying fees as agreed under the terms of their purchases. All fees are listed in U.S. dollars. Users hereby authorize TBTN to charge their credit card on file or other payment method to pay for the fee for their purchase. Payment will be made by charge to a User’s credit card or other payment method. Users or their authorized representatives must be at least 18 years old (or have the permission of a credit card holder who is) to purchase the Services. If TBTN does not receive payment from the credit card issuer or its agent, Users agree to pay all amounts due upon demand by TBTN. TBTN reserves the right, at any time, to change its fees and billing methods, including the addition of separate charges for content or services provided by TBTN or affiliated third parties.

Cancellation and Termination. Users may terminate their purchase at any time with the understanding that no refunds are provided for any reason; including, but not limited to, early termination, under-utilization of the Services, under-utilization of purchased User accesses, failure to set up or use an account, failure to use data or reports, displeasure with the quality or performance of the Services, or any other reason. Terminated purchases will result in the immediate inability to access the Services; including the Subscriber’s accounts, data or other information provided by the User to TBTN, or information accessible through the Services. Users understand that TBTN, in its sole discretion, may terminate the Services, or any part thereof, for any reason or no reason, including, without explanation or limitation, if TBTN believes that a User or one of its Users has violated or acted inconsistently with the letter or spirit of these Terms. TBTN may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Users agree that any termination of access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that TBTN may immediately deactivate or delete Subscriptions, accounts and/or bar any further access to the Services by the User. TBTN shall not be liable to Users or any third party for termination of the Services or any part thereof.

Modifications. This agreement is subject to change by TBTN at any time. We may modify any of the terms and conditions contained in these Terms at any time in our sole discretion. If any modification is unacceptable to you, you agree that your only recourse is to terminate use of the Services. Your continued use of the Services following our posting of a change notice or new Terms will constitute your binding acceptance of the change.

Direct Questions or Notices to:
Take Back The Night Foundation
Attn: Agreement Inquiries
PO Box 332
Wayne, PA 19087

Last Updated: March 18, 2016