Website Terms of Use
Last Modified: November 22, 2023
Acceptance of the Terms of Use
These Website Terms Of Use are between You and Brand Action a NJ Non-Profit Corporation, 551 Summit Ave, Maplewood, NJ 07040, United States, 501(c)3 nonprofit organization | EIN: 93-3091661 ("Brand Action," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the website at www.brandaction.com, including any content, functionality and services offered on or through www.brandaction.com (the "Website").
Please read the Terms of Use carefully. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.brandaction.org/privacy/[2] . If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website / Updates
We may amend and update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to cease operation of this Website, and remove any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time.
Information Provided
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide via this Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Brand Action, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows and as otherwise permitted in the Terms of Use:
● You may print or download a reasonable number of copies of pages of the Website for your own personal, non-commercial use.
● We may, from time to time, provide materials that are intended for further distribution or other use, as indicated on the applicable web page; you may use such materials in accordance with any such authorization. For example, we may provide a means to share certain content on social media, thereby indicating that it is intended for further distribution via such social media channels (as further outlined below).
You must not:
● Modify copies of any materials from this Website.
● Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than those authorized in these Terms of Use or on the Website, please address your request to: donations@brandaction.org.
If you use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Brand Action.
Trademarks
The BRAND ACTION name and logo are trademarks of Brand Action. You must not use such marks without the prior written permission of Brand Action. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
● In any way that violates any applicable federal, state, local or international law or regulation;
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Brand Action or users of the Website, or expose them to liability.
Additionally, you agree not to:
● Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
● Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
● Monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
● Use any device, software or routine that interferes with the proper working of the Website.
● Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Information About You and Your Visits to the Website
Information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services, or features of, or offerings on, the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Website may provide certain social media features that enable you to:
● Link from your own or certain third-party websites to certain content on this Website.
● Send e-mails or other communications with certain content, or links to certain content, on this Website.
● Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
● Establish a link from any website that is not owned by you or any website that contains unlawful, objectionable or offensive content.
● Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
● Link to any part of the Website other than the homepage.
● Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and links for sponsors and designated charities. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You expressly acknowledge and agree that your use of the Website is at your sole risk. The Website is provided on an “AS IS”, "WITH ALL FAULTS", and “AS AVAILABLE” basis. Brand Action makes no representations or warranties relating to the Website including, without limitation, representations or warranties that (1) the Website shall meet your requirements, (2) the operation of the Website will be uninterrupted or error free, (3) the Website will be secure or reliable; (4) any defects in the Website will be corrected, or (5) the Website will be complete, accurate or of any particular quality. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAND ACTION HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT BRAND ACTION KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAND ACTION FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT SHALL BRAND ACTION OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY (1) PERSONAL INJURY OR PROPERTY DAMAGE, OR (2) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THESE TERMS OF USE AND/OR THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF BRAND ACTION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THESE TERMS OF USE OR A TORT THAT FALLS WITHIN THE SCOPE OF THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Brand Action’s total liability to you for any damages arising out of or in any way connected with these Terms of Use or the Website, whether for breach of contract, in tort or otherwise, exceed ten dollars ($10).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Brand Action, its licensors and service providers, and its and their respective employees, agents, officers or directors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your misuse of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or on the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of New Jersey without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the state of New Jersey although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by Brand Action of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Brand Action to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the entire agreement between you and Brand Action with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
This Website is operated by Brand Action.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: donations@brandaction.org
Please make a subsection of your site on https://www.brandaction.org/terms/ and post the contents of this document there.
Please post the privacy policy on a new subpage: https://www.brandaction.org/privacy/