Privacy and Terms
Information We Collect
User-Provided Information: You provide us information about yourself, such as your name and e-mail address, if you register for everylibraryinstitute.org (including by “following,” “liking,” linking your account to everylibraryinstitute.org, etc., on a third party website or network). If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. We may also retain any messages you send through everylibraryinstitute.org. You may provide us information in user content you post to everylibraryinstitute.org.
Third Party Services
EveryLibrary Institute uses the NationBuilder platform to organize our community of members, supporters and prospects. You can read more about that company and its features and polices at NationBuilder.com. When you visit everylibraryinstitute.org, NationBuilder may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets NationBuilder help you log in faster and enhance your navigation through everylibraryinstitute.org. A cookie does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of everylibraryinstitute.org may not function properly if the ability to accept cookies is disabled. You can read more about how the NationBuilder service interacts with and protects your information at nationbuilder.com/privacy and nationbuilder.com/confidentiality.
How We Use Your Information
We use the personal information you submit to operate, maintain, and provide to you the features and functionality of everylibraryinstitute.org.
By providing everylibraryinstitute.org your email address (including by “following,” “liking,” linking your account to everylibraryinstitute.org, etc., on a third party website or network), you consent to our using the email address to send you everylibraryinstitute.org -related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on everylibraryinstitute.org to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of everylibraryinstitute.org, or other information. If you do not want to receive such email messages, you may opt out at http:// everylibraryinstitute.org/unsubscribe.
Following termination or deactivation of your everylibraryinstitute.org account, EveryLibrary Institute may retain your profile information and user content for a reasonable time for archival purposes. Furthermore, EveryLibrary Institute may retain and continue to use indefinitely all information (including user content) contained in your communications to other users or posted to public or semi-public areas of everylibraryinstitute.org after termination or deactivation of your account.
EveryLibrary Institute reserves the right, but has no obligation, to monitor the user content you post on everylibraryinstitute.org. We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or to protect or defend our rights or property or those of any third party. EveryLibrary Institute also reserves the right to remove information upon the request of any third party.
How We Share Your Information
Any personal information or content that you voluntarily disclose for posting to everylibraryinstitute.org, such as user content, becomes available to the public, as controlled by any applicable privacy or website customization settings. If you remove information that you posted to everylibraryinstitute.org, copies may remain viewable in cached and archived pages, or if other users have copied or saved that information.
How We Protect Your Information
EveryLibrary Institute cares about the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to EveryLibrary Institute or guarantee that your information on the service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Your privacy settings may also be affected by changes to the functionality of third-party providers, such as social networks. EveryLibrary Institute is not responsible for the functionality or security measures of any third party.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from EveryLibrary Institute, at all times.
Compromise of Personal Information
Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through everylibraryinstitute.org, in which case EveryLibrary Institute may not be able to provide certain services to you. You can review and correct the information about you that EveryLibrary Institute keeps on file by contacting us directly at [email protected]
Protecting the privacy of young children is especially important. For that reason, EveryLibrary Institute does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for everylibraryinstitute.org accounts. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on everylibraryinstitute.org. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [email protected]
Links to Other Web Sites
TERMS AND CONDITIONS
Ownership of the Services. Unless otherwise noted the services and all technology underlying the same are expressly owned and operated by EveryLibrary Institute. Unless otherwise noted, the design and content features on the services, including without limitation: information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, APIs, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by EveryLibrary Institute or its affiliates, if any, or are licensed by EveryLibrary Institute from third parties. The Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
- The trademarks, logos, and service marks ("Marks") displayed on the Services are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that EveryLibrary Institute sponsors or with which we are otherwise affiliated. EveryLibrary Institute’s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without EveryLibrary Institute’s express written consent except as permitted by applicable laws. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without EveryLibrary Insitute's express written consent.
- No portion of the Services or Site Information may be reprinted, republished, modified, or distributed in any form without EveryLibrary Institute's express written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Services or any of the Site Information.
- You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Services or in the original Site Information on any authorized copy you make of the Services or the Site Information.
Widgets. Throughout this program we may offer widgets. Our widgets are software tools that you may place on your website to permit your visitors to access our Website (each, a "Widget"). Subject to your compliance with the Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Widget on your website for your own personal or internal business purposes. We reserve the right to discontinue providing any Widget at any time, or to direct you to cease displaying, or otherwise using, any Widget for any or no reason, without liability to you or any third party. You may not use the Widget for any other purpose without our prior written consent, and nothing in the Terms shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not, with any products or services for sale:
- Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website;
- Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion; or
- Use the Widget in any manner that prevents the end users of your website from linking directly to the application page of our Services.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to EveryLibrary Institute through its suggestion, feedback, wiki, forum or similar pages, or any other channels ("Feedback") is at your own risk and that EveryLibrary Institute has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to EveryLibrary Institute a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
Use of Services. TO THE FULL EXTENT PERMITTED BY LAW, THE SERVICES AND THE SITE INFORMATION ARE PROVIDED "AS IS" WITH ALL FAULTS. Your use of the Services, and the Site Information is at your own risk. The Services or Site Information may contain errors or omission, or may be out of date. The Services or Site Information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the Services, you promise to:
- Use the Services and any information or content received in connection with the Services, including without limitation all Site Information, Donor Lists or User Generated Content (defined below), in compliance with this Agreement and all Applicable Laws;
- Use the Services so as not to damage, disable, overburden or impair the service, our networks or systems and not to interfere with any others' legal rights or use or enjoyment of the service; and
- Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (1) are illegal; (2) result in the infringement of the intellectual property rights of others or libel or defamation of another person; or (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.
Prohibitions. You also agree that you will not:
- use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity, Promotion, Event or campaign through the Services, or post User Generated Content (defined below) in any inappropriate category or areas on the Services;
- use the Services or any information or content received in connection with the Services (including without limitation any Site Information, Donor Lists or User Generated Content) in any way that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, violates any Applicable Laws or infringes, misappropriates or violates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- create any liability for EveryLibrary Institute or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
- engage in any conduct that, in EveryLibrary Institute's sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services;
- interfere with or disrupt any servers or networks used to provide the Services or their respective features, or disobey any requirements of the networks EveryLibrary Institute uses to provide the Services;
- gain unauthorized access to the Services, or any account, computer system, or network connected to this Services, by any unauthorized or illegal means;
- obtain or attempt to obtain any materials or information not intentionally made available through the Services;
- use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
- engage in advertising or commercial solicitation of any product or service without EveryLibrary Institute's written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
- collect, harvest or publish any personally identifiable data (including but not limited to names or other account information) from the Services in a manner not permitted by these Terms, or use the communication systems provided by the Services for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
- post any identification documents or sensitive information about another person;
- create a fundraising campaign involving legal disputes or legal issues or child custody issues;
- use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Services or Site Information for any purpose without EveryLibrary Institute's prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Services or Site Information for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (EveryLibrary Institute reserves the right to revoke these exceptions either generally or in specific cases);in any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Services or User Generated Content including but not limited to, use on a mirrored, competitive, or third-party site;
- transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
- attempt to indirectly undertake any of the foregoing.
- Content. When you are using the Services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the Services (collectively "User Generated Content"). You alone, not EveryLibrary Institute, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to EveryLibrary Institute, you hereby grant EveryLibrary Institute and the applicable Charity a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (and waive all moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, create derivative works of, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content. EveryLibrary Institute is not responsible, and shall not be liable, for any Charity’s or other third party’s use of any User Generated Content. In the event that you, or any entity you represent, receives User Generated Content in connection with your use of the Services, you represent, warrant and covenant that you shall only use such User Generated Content in accordance with these Terms and all Applicable Laws.
- You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. In addition, you represent and warrant that you will not provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or otherwise violates these Terms or any Applicable Laws.
- EveryLibrary Institute shall have the right, but no obligation, to monitor User Generated Content and other features of the Services to determine compliance with these Terms and any other operating rules we establish. EveryLibrary Institute shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Services. We do not control any User Generated Content that you or other Users may provide. EveryLibrary Institute neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Services or User Generated Content, whether it is provided by EveryLibrary Institute, our employees, or a third party.
- Under no circumstances will EveryLibrary Institute be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the Services. EveryLibrary Institute is not responsible for any offensive, defamatory, obscene content or any other posting made through the Services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in EveryLibrary Institute's sole discretion is inappropriate, objectionable or in violation of these Terms. Any User who feels that a posted message is objectionable is encouraged use the Contact us page or send an email to [email protected]
- EveryLibrary Institute is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider through the Services.
- Digital Millennium Copyright Act; Copyright Complaints. Digital Millennium Copyright Act; Copyright Complaints. EveryLibrary Institute respects the intellectual property rights of others and requires those that visit and use the Services to do the same. EveryLibrary Institute may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. EveryLibrary Institute also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that Users of the Services repeatedly infringe on others' copyrights, EveryLibrary Institute may in its sole discretion terminate those individuals' rights to use the Services. If you believe that your work has been used on our Services in any manner that constitutes copyright infringement, please notify EveryLibrary Institute by written notice. Contact information can be found here. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
- Suspension or Termination of Your Use of the Services. These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the Services prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Services (whichever is earlier) and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Terms. EveryLibrary Institute has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations shall be made in EveryLibrary Institute's sole discretion and that EveryLibrary Institute shall not be liable to you or any third party for any termination of your account. If you want to terminate any Services provided by EveryLibrary Institute, you may do so by notifying EveryLibrary Institute at any time, with your notice sent, in writing, to our address found here. Termination of any Service includes removal of access to such Service and barring of further use of the Service, provided that any Donations made prior to the effective date of termination will continue to be processed. All provisions of the Terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You acknowledge and agree that any and all additional services purchased pursuant to a package will not commence until receipt of full payment for such package.
- No Endorsement of Links to Other Web Sites. Any links to other websites are provided as merely a convenience to you. The Services may provide links or references to other websites but EveryLibrary Institute has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by EveryLibrary Institute, we do not operate, control or endorse any information, products or services on the Internet in any way. EveryLibrary Institute does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to the Services, you do so entirely at your own risk.
Liability & Indemnification
- Indemnification. You agree to indemnify, defend and hold EveryLibrary Institute and its affiliates and subsidiaries, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses, injuries, and damages of any kind (including attorney's fees) resulting from: (a) your use, misuse or abuse of the Services or the Site Information or any information, content, funds or other materials you receive in connection with your use of the Services or Site Information (including without limitation any Donor Lists or User Generated Content); (b) your User Generated Content or use of the User Generated Content of any other User; (c) your breach of any provision of these Terms; (d) any fundraising campaigns, Events, Promotions, or prizes; or (e) disputes between users (including but not limited to Fundraisers, Donors, Charities, and third parties). You will cooperate as fully as reasonably required in EveryLibrary Institute's defense of any claim. EveryLibrary Institute reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without EveryLibrary Institute's written consent.
- DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SITE INFORMATION, THE SERVICES, AND ANY INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DONOR LISTS OR USER GENERATED CONTENT) ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EVERYLIBRARY, ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS AND THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. EVERYLIBRARY, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE INFORMATION, THE SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DONOR LISTS OR USER GENERATED CONTENT) WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SERVICES OR SITE INFORMATION. EVERYLIBRARY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY DONOR LISTS OR USER GENERATED CONTENT) OR USER COMMUNICATIONS.
- LIMITATION ON LIABILITY. EXCEPT FOR CONSUMER TRANSACTIONS AS OTHERWISE PROHIBITED OR RESTRICTED BY LAW, EVERYLIBRARY, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY DONATIONS THROUGH THE SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS, INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES OR ANY THIRD PARTY SITES LINKED TO THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DONOR LISTS OR USER GENERATED CONTENT), REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL EVERYLIBRARY BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50.00). YOU AND EVERYLIBRARY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY DEPENDING ON WHERE YOU RESIDE. IF YOU ARE FROM NEW JERSEY, THE FOREGOING LIMITATIONS ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
- RELEASE. YOU HEREBY AGREE TO RELEASE EVERYLIBRARY, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, THE SITE INFORMATION OR ANY MATERIALS, INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES. You hereby waive California Civil Code Section 1542, which states, in substance, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.
- Security of the Services. EveryLibrary Institute maintains physical, technical, and administrative safeguards that are designed to help protect the Services, our systems and our volunteers', Fundraisers', Donors' and Charities' information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. While EveryLibrary Institute strives to protect your information, it cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Application. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. If residing in the United States, these Terms evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and not any state arbitration law. This arbitration provision shall survive termination of these Terms. By agreeing to these Terms, you agree to resolve any and all disputes with EveryLibrary Institute as follows:
- Initial Dispute Resolution: Most disputes can be resolved without resort to litigation or arbitration. You can reach EveryLibrary Institute's support department at [email protected] Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the EveryLibrary Institute, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
- Notice of Dispute: A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to EveryLibrary Institute should be sent the address listed on our contact page here. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If EveryLibrary Institute and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or EveryLibrary Institute may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by EveryLibrary Institute or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or EveryLibrary Institute is entitled.
- Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.adr.org); (b) Send the Demand for Arbitration, plus the appropriate filing fee, to AAA, American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.; and (c) Send one copy of the Demand for Arbitration to us at at the location on our contact us page found here.
- Arbitrator's Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these Terms. The arbitrator's award shall be written and shall be binding on the parties without appeal or review except as permitted by California law or United States federal law and may be entered as a judgment by any court of competent jurisdiction. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in California, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control.
- The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.
- Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
- Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. ANY CLAIMS BROUGHT BY YOU OR EVERYLIBRARY MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- 30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Everylibrary Institute) written notice of your decision to opt out to [email protected] with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, EveryLibrary Institute also will not be bound by them.
- Changes to This Section: EveryLibrary Institute will provide thirty (30) days' notice of any changes to this section by posting on the EveryLibrary Institute Terms website, sending you a message, or otherwise notifying you. Amendments will become effective thirty (30) days after they are posted on the EveryLibrary Institute Terms and Conditions website or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled "Arbitration and Class Action Waiver," and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
- Except as provided above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in California.
- Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the Services. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.