Date of Last Revision: June 12, 2012
We may change these Terms at any time in our sole discretion without notice to you by posting revised Terms on the Site, and your continued use of the Site following the posting of those changes will confirm your acceptance of them. Therefore, you should frequently review the Terms from time to time to understand the terms and conditions that apply to your access to and use of the Site. If you do not agree to the amended terms, you must stop using the Site.
All questions or comments about the Site or Site content should be directed to [email protected].
The purpose of the Site (the “Purpose”) is further the CAN’s mission, which is as follows:
- Statement of Purpose
CAN seeks to identify corporations and industries engaged in behavior harmful to the public good and reform those practices. CAN will use the power of networking to assist the work and amplify the message of organizations already dedicated to reforming corporate wrongdoing such as community organizations, labor unions, the legal community and others. Using cutting edge technology to harness the power of in-depth research, organizing, and direct citizen involvement, CAN will use media strategies, the legal system and all other tools available to organizations and individual citizens to discourage harmful corporate practices and promote an environment in which transparency and social value are necessary components for success in business.
Although we retain the sole and absolute discretion to interpret these Terms and make decisions regarding the enforcement of these Terms, we intend to act in a manner that would promote the Purpose to the fullest extent consistent with the protection of the Site.
The Site may include interactive services or areas (“Public Site Areas”), such as blogs, forums, message boards or other services or areas in which you and other third-party users may create, post, share, upload, email, transmit, or otherwise make available (collectively, “Transmit”) content, messages, statements, information, graphics, audio, video or other materials (“User Content”). You are solely responsible for all User Content, whether publicly posted or privately Transmitted to other users, that you make available on the Site. We acknowledge that your posting User Content on the Site does not transfer title to such User Content to us, but you do hereby grant us and our affiliates a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, publish, display, modify and create derivative works of such User Content, in each case without any right of attribution. You represent and warrant that you have the right to Transmit your User Content on or through the Site.
- User Content; Your Conduct on the Site
We do not control or endorse any User Content, and make no representation or warranties of any kind regarding the User Content. In addition, you may be exposed, in using or accessing the Site, to User Content that you find offensive, objectionable or inaccurate, and you bear all risks associated with viewing or using that content. You acknowledge and agree that we have no responsibility or liability to you or any other third party for any User Content, or any loss or damages suffered by you or any third party in connection therewith. Your use of User Content contained on the Site is at your own risk.
You agree that you will not, and will not encourage any other third party to, use the Site to take any of the following actions:
Without limiting the foregoing or anything else in these Terms, you also agree that you will not Transmit any content that is inconsistent with the Purpose.
- Defame, libel, abuse, harass, stalk, or threaten others;
- Transmit any inappropriate, profane, obscene, pornographic, indecent, or unlawful content;
- Transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source any information or other materials;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site;
- Transmit files that contain viruses, corrupted files, or any other harmful, disruptive or destructive files;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure, or otherwise interfere with or disrupt the Site, servers, or networks;
- Restrict or inhibit any other user from using and enjoying the Site;
- Collect or store personal information about other users;
- Transmit contests, spam, unsolicited advertising or promotional materials; or
- Engage in any illegal activities.
We have the right, but not the obligation, in our sole and absolute discretion, and without giving you any prior notice, to remove any content, including User Content, that we determine:
We also have the right, but not the obligation, to take any of the following actions in our sole and absolute discretion at any time and for any reason without giving you any prior notice:
- Violates these Terms, including restrictions on Transmitting User Content that is inconsistent with the Purpose;
- We are required by law or court order to remove;
- May compromise our tax-exempt status; or
- We have been requested to remove by the user or other source which provided such content.
You agree that we will not be liable to you or any third party for taking or not taking any of these actions.
- Restrict, suspend, or terminate your access to all or any part of the Site;
- Change, suspend, or discontinue all or any part of the Site;
- Refuse, move, or remove any material that you submit to the Site;
- Refuse, move, or remove any content that is available on the Site;
- Deactivate or delete your accounts and all related information and files in your account; or
- Establish general practices and limits concerning use of the Site.
The Site provides third-party users with the opportunity to sponsor or otherwise coordinate campaigns, events or other activities (the "User-Sponsored Activities") as a service to those interested in these activities. Your participation in User-Sponsored Activities or correspondence with third parties with respect thereto, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. We do not control or endorse any User-Sponsored Activities, and make no representations or warranties of any kind regarding the User-Sponsored Activities. You acknowledge and agree that we have no responsibility or liability to you or any other third party for any User-Sponsored Activities, or any loss or damages suffered by you or any third party in connection therewith. Your participation in or other involvement with any User-Sponsored Activities is at your own risk.
- User-Sponsored Activities
Except as provided in these Terms, the Site and all materials published on the Site, including, but not limited to, written content, photographs, graphics, designs, images, illustrations, animations, marks, logos, and sound or video clips (the “Site Materials”), are our property and are protected by our copyrights or trademarks, or have been made available by other users in accordance with these Terms. Subject to these Terms, you are granted a limited, non-sublicensable license to access and use the Site and the Site Materials for your informational, non-commercial and personal use only. Except as expressly permitted on the Site, this license does not include any right by you to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Site Materials or content on our Site in whole or in part, or to use the Site or the Site Materials other than for their intended purpose, in each case unless permission has been explicitly given by us. This license is revocable at any time and for any reason.
- Copyright and Limited License
The Site may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites has posted, and is at your own risk. We have no control over sites that are not ours, and we are not responsible for the content, quality or nature of any such sites. Our inclusion on the Site of any third-party content or a link to a third-party site is for our users’ convenience only and is not an endorsement by us of, and we hereby disclaim any responsibility or liability for, that content or third-party site.
- Third Party Sites
You may not use our logo or any other proprietary graphic of ours for any purposes whatsoever, including to link to the Site, without our express written permission. The foregoing is not intended to preclude automatic links created as a result of your access to, or use of, the Site through third-party services, such as Facebook, Twitter, and Google Plus.
- Use of Our Logo for Hyperlinks
YOUR USE OF THE SITE, INCLUDING ANY PUBLIC SITE AREA, IS AT YOUR OWN RISK. THE SITE AND ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION, CONTENT OR MATERIALS ACCESSED THROUGH THE SITE.
WHILE WE MAKE REASONABLE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR INFORMATION, CONTENT AND MATERIALS THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH INFORMATION, CONTENT OR MATERIALS.
WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTIVITIES OR CONDUCT OF ANY THIRD PARTY USER OF THE SITE.
IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS OR REPRESENTATIVES BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
- Limitation of Liability
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS AND REPRESENTATIVES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
These Terms shall be construed in accordance with the laws of the State of New York without regard to its principles of conflicts of law.
- Governing Law; Arbitration
We may elect to resolve any controversy or claim arising out of or relating to these Terms or our Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, County of New York, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or the property of you or us (or our affiliates, agents, suppliers, subcontractors and other representatives), pending the completion of arbitration.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. If you do not provide us with accurate contact information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You 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 Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms constitute the entire agreement between you and us concerning your use of the Site, superseding any prior agreements that you may have with us.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
- Questions & Contact Information
Questions or comments about the Site may be directed to us at the email address [email protected].