Terms and Conditions of Use

Please note that your use of and access to our Services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the Services in any manner.

1. ID ATC Terms of Use

These Terms and Conditions of Use (“Terms”) constitute an agreement which is made and entered into by and between Idaho Anti-Trafficking Coalition, Inc., an Idaho non-profit corporation headquartered at 4483 N Dresden Place Suit 101, Garden City, Idaho 83714, and its current or future subsidiaries, affiliates, successors or assigns (collectively, “IDATC,” “us”, “our”, “we”, and terms of similar meaning) and you, as the person or other legal entity (“you”, “your”, “yourself” and terms of similar meaning) who wishes to use, interact, browse, participate, register, submit, or view (“use” and “using”) our website(s) and its applications, services, resources, products, forms, content, etc. (together, the “Services”).  

This agreement consists of these terms and conditions, and any other terms incorporated in these terms and conditions by reference, and any information that you provide to us as part of our registration processes.  By using the Services in any way, you enter into and are bound by this agreement.

If you are under the age of 18, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand it and your use of the Site constitutes your representation that you have done so and obtained your parent or guardian’s consent to enter into this Agreement, and that your parent or guardian has also entered into this agreement.

You enter this agreement in consideration of your use of the Services.  You expressly acknowledge and agree that this consideration is sufficient and adequate to you and that you shall have no right to challenge this agreement for lack of consideration.

2. Will these Terms ever change?

We are constantly improving our Services, so these Terms may need to change along with the Services. We reserve the exclusive right to change the Terms at any time.  If and when that occurs, we will notify you through/on the Services, via email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

3. What does it cost to use IDATC?

All of our Services are currently free to use.

4. Confidentiality; Feedback

You acknowledge that, in the course of your relationship with IDATC and in using the Services, you may obtain information relating to the Services and/or IDATC (“Proprietary Information”). Such Proprietary Information shall belong solely to IDATC and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, plans, procedures, programs, ideas, documentation, specifications, and other information, plans and data. In regard to this Proprietary Information:

(a) You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of IDATC unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.

(b)  You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.

You may, at your discretion, provide feedback to IDATC with respect the Services (“Feedback”). Feedback may include, without limitation, new feature suggestions or errors or difficulties discovered in the Services and the characteristic conditions and symptoms of the errors and difficulties. IDATC shall own all rights, title, and interest in the Feedback and you shall and hereby do make all assignments necessary to accomplish the same.

5. What about my privacy?

IDATC takes the privacy of its users very seriously. For the current IDATC Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at info.atcidaho@gmail.com. 

6. What are the basics of IDATC and your use of the Services?

Your access to the Services may include submission of content or information via form submission.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your password for accounts on software that you use to access our Services with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including IDATC);

(b)  Violates any law or regulation, including, without limitation, any applicable export control laws;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d)  Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g)  Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(h)  “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(i) Copies or stores any significant portion of the Content;

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

7. What are my rights in IDATC?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including IDATC’s) rights.

You understand that IDATC owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

8. Do I have to grant any licenses to IDATC or to other users?

Anything you submit, share, store, or otherwise provide through the Services is your “User Submission.” You retain ownership of your User Submissions (subject to the licenses below and any third-party rights therein). Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant IDATC a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant IDATC the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the purposes  of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant IDATC the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all IDATC users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with IDATC’s business for any purpose, including but not limited to marketing, provided that IDATC will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you request removal from IDATC’s Services by emailing info.atcidaho@gmail.com, we will stop displaying your User Submissions (other than Limited Audience User Submissions and Public User Submissions, which may remain fully available to other users), but you understand and agree that it may not be possible to completely delete that content from IDATC’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. In addition, User Submission that are sent to other users (such as emails or email attachments) may be retained by the recipient users.

Finally, you understand and agree that IDATC, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

9. Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by IDATC. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that IDATC is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

IDATC has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, IDATC will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

10. What if I want to stop using IDATC and remove my information from its databases?

You’re free to do that at any time, by contacting us at info.atcidaho@gmail.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

IDATC is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. IDATC has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Termination may result in deletion of any Content associated with your account, so keep that in mind before you decide to terminate your relationship with us.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

11. What else do I need to know?

Warranty Disclaimer

Neither IDATC nor its principals, officers, directors, owners, employees, partners, co-venturers, volunteers, sponsors, licensors, affiliates, agents, or suppliers (collectively, “IDATC-Releasees”) make any representations or warranties concerning any content contained in or accessed through the Services, and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. IDATC-Releasees will not be responsible or liable for the uptime or reliability of the Services. IDATC-Releasees make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY IDATC ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL IDATC (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

To the fullest extent allowed by applicable law, you agree to indemnify and hold IDATC IDATC-Releasees harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without IDATC’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Disputes

Ideally, if you have any concerns or complaint against IDATC, we would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against IDATC, you agree to try to resolve the dispute informally by contactinginfo.atcidaho@gmail.com. IDATC will attempt to resolve the dispute informally (and will contact you via email). If a dispute is not resolved within 30 days of submission, you may bring a formal proceeding

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the Idaho, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms, that is not solved via the dispute mechanisms above, shall be finally settled in Boise, Idaho, in English, – at IDATC’s sole election – (a) the District Court of Ada County, Idaho, or (b) in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules.  In the event that IDATC elects to proceed to resolve the dispute via arbitration as described above, any resulting judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Boise, Idaho. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND IDATC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and IDATC agree that these Terms are the complete and exclusive statement of the mutual understanding between you and IDATC, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of IDATC, and you do not have any authority of any kind to bind IDATC in any respect whatsoever. You and IDATC agree there are no third-party beneficiaries intended under these Terms except to the extent that the foregoing disclaimers, waivers, and limitations of liability may benefit and protect the IDATC-Releasees.

© 2019 Idaho Anti-Trafficking Coalition, Inc