This is a website brought to you by the John Quincy Adams Society (“JQAS”). The following Terms (the “Terms”) govern the use of the website (the “Site”). By using the Site, you agree to JQAS’s Privacy Statement (below) and Terms. If you do not agree to any part of the Privacy Statement or to these Terms, please do not use the Site.
The Site is intended for use exclusively by persons 18 or older. By accessing or in any way using the Site, you affirm that you are 18 years of age or older and that you are fully able and competent to enter into these Terms. You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. And you agree to abide by and comply with these Terms.
Unless otherwise attributed, all materials provided by JQAS contained in the Site (“JQAS Content”) are the copyrighted or trademarked property of JQAS. JQAS Content may be accessed, downloaded, printed, or transmitted only for personal, non-commercial use. You may not download, republish, retransmit, reproduce, or otherwise use any images on the Site as a stand-alone file. JQAS Content may not be used or redistributed for commercial purposes. You may not download, copy, reproduce, distribute, modify, display, republish, transmit, repost, upload, or otherwise use JQAS Content in any way or for any other purpose without the prior express written permission of JQAS. To request such permission you may contact us. Furthermore, under no circumstances may you add, delete, distort, or otherwise misrepresent any JQAS Content.
The trademarks used in the Site are owned by JQAS or their respective trademark owners. The names of actual companies and products mentioned may be the trademarks of their respective owners. Nothing on the Site should be construed to grant implicitly, by estoppel, or otherwise in right or license to use and of JQAS’s trade names, trademarks, or services marks with the express prior consent of JQAS. You may not use any of the previously mentioned or other trademarks displayed anywhere on the Site or in any JQAS Content. All rights are reserved.
Any and all attempts to distort, misrepresent, or modify any JQAS Content or to defeat or circumvent the Site’s technical security measures are prohibited without JQAS’s prior express written permission.
RULES OF CONDUCT
While using the Site you agree to comply with all applicable laws. You also agree to respect other users of the Site.
Furthermore, you will not to use the Site to:
• Upload, post, email, transmit, or otherwise make available or send through, including linking to, the Site anything that:
• Is unlawful, threatening, harassing, abusive, obscene, vulgar, harmful, tortious, defamatory, libelous, false, invasive of another’s privacy, hateful racially, ethnically, or otherwise, or in any other way objectionable;
• You do not have the legal or contractual right to make available pursuant to any law, or under any contractual or fiduciary relationship (such as inside information, proprietary information, and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); or
• Infringes on any patent, trademark, trade secret, copyright, or other proprietary or property rights of any party.
• Upload, post, email, transmit, or otherwise make available any material or communications that may be deemed, within the meaning of applicable law, to be electioneering communications, intervention in a political or electoral campaign, or lobbying.
• Harm minors in any way.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by the law or JQAS.
• Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
• Launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers” that access the website in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. (Notwithstanding the foregoing, JQAS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. JQAS reserves the right to revoke these exceptions either generally or in specific cases.)
• Violate any applicable local, state, national, or international law, intentionally or unintentionally.
• Collect or store personal data about users.
JQAS reserves the right to remove any and all content, including but not limited to: JQAS Content, user-submitted content, and/or any other content related to the Site at any time without prior notice. Further, JQAS reserves the right to deny access to any user at any time without any prior notice for violation of these Terms. Content you submit, including but not limited to remarks, suggestions, ideas, graphics, or comments, that violate these Terms, in the sole discretion of the JQAS, may be removed.
DISCLAIMER OF WARRANTIES
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, JQAS, its affiliates, members, officers, directors, employees, and agents, disclaim all warranties, express or implied, in connection with the website and your use thereof. JQAS makes no warranties or representations about the accuracy or completeness of content of the Site or the content of any sites linked to by the Site and assumes no liability or responsibility for any:
• Errors, mistakes, or inaccuracies of content.
• Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site.
• Unauthorized access to or use of JQAS’s secure servers and/or any and all personal information and/or financial information stored therein.
• Interruption or cessation of transmission to or from the Site.
• Bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party.
• Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.
JQAS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, through any hyperlinked website, or featured in any banner or other advertising, and JQAS will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should always use your best judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY
Neither JQAS nor any of its affiliates, directors, members, officers, employees, or consultants are responsible or liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising under any contract, negligence, strict liability, or other theory arising from or in any way relating to JQAS, the Site, materials contained therein, or any content or service linked therein and/or that result from: (1) the use of, or inability to use, the Site or JQAS Content; (2) the actions or conduct, whether online or offline, of any person or entity, even if JQAS has been advised of the possibility of such damages. Under no circumstance will JQAS, its affiliates, directors, members, officers, employees, or consultants be responsible or liable for any failure in performance resulting directly or indirectly from an act of force majeure or causes beyond JQAS’s reasonable control.
The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that JQAS will not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Site is controlled and offered by JQAS from its facilities in the United States of America. JQAS makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own risk, according to their own volition, and are responsible for compliance with local law.
Certain state laws may not allow JQAS to limit or exclude liability for incidental or consequential damages. If you live in a state whose laws in some cases prohibit limitation or exclusion of incidental or consequential damages, some or all of the above limitation arguably may not apply to you. But, in any event, JQAS’s liability to you for any and all losses, damages, injuries, and claims of any kind will not be greater than the amount you paid to access the Site.
You agree to indemnify and hold harmless JQAS, its affiliates, related parties, officers, directors, members, employees, trustees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the Site or service, your submission of content, your violation of any applicable law or these Terms, or any other violation of the rights of another person or party.
SUBMITTING CONTENT TO THE SITE
Any content submitted to the Site, including but not limited to remarks, suggestions, ideas, graphics, or comments, becomes and remains property of JQAS, even if this agreement is later terminated. Any and all such submitted content is subject to these Terms.
If any portion of the content posted by any visitor is found by JQAS to be in violation of any the policies of the Site, including these Terms, at any time, JQAS reserves the right to modify or remove such content or delete such submissions at any time without prior notice.
Your Representations and Warranties: By submitting content to JQAS servers, you represent and warrant that all such submitted content complies with all applicable laws and website policies, including these Terms. Furthermore, by submitting content, you represent and warrant that you own the copyright and all applicable intellectual property rights in all submitted content and have all necessary permissions from any persons or places depicted therein to upload the content and to grant to JQAS an irrevocable license to use the submitted content according to JQAS’s sole discretion, including but not limited to use in connection with third-party websites such as Facebook.com, YouTube.com, or any other website JQAS deems appropriate. You warrant that JQAS does not need to treat any such submitted content as confidential or proprietary, and you agree that you cannot and will not sue JQAS for using or republishing in any manner any content or ideas you submit to JQAS.
Your Grant of Rights/License to JQAS: By submitting content to the Site you grant JQAS (and its successors, assigns, licensees, agents, and affiliates) a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Site to modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell such content in any format either now known or hereafter created, and to use any information identifying the author provided in connection with that content, wholly in accordance with JQAS’s sole discretion. You expressly grant JQAS the right to repost any such submitted content in any modified or unmodified form, without any further authorization from you, to other websites or media JQAS deems appropriate, including but not limited to Facebook.com and YouTube.com.
DMCA NOTICE AND TAKEDOWN
As required by the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material on the Site infringes your copyright, you must send a notice of claimed infringement to JQAS’s Designated Agent at the following address:
Written Notice: To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication provided to JQAS and that it include each of the following elements:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Information to contact you, including your name, address, telephone number and, if available, your email address.
• A description of each work claimed to have been infringed, including any relevant information about the infringing activity.
• A description of the infringing activity or of the work that is claimed to be infringing and information about the location on the Site (or, if the infringing information is located on another website linked to through the Site, information about the location of the link or reference on the Site) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing material.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement, under the penalty of perjury, that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
JQAS does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and JQAS will remove the infringing content if properly notified of infringement. As stated above, JQAS reserves the right to remove any and all content and user submissions without prior notice.
Counter-Notice: If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner or the copyright owner’s agent, or that it is pursuant to the law to post and use the content in your submission, you may send a counter-notice containing the following information to JQAS’s Designated Agent:
• A physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in Arlington, Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by JQAS’s Designated Agent, JQAS may provide the person who submitted the original DMCA Notice against the organization or individual accused of infringing on the copyrighted works a copy of the counter-notice informing that person that he or she may replace the removed content or that JQAS will cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at JQAS’s sole discretion.
LINKS TO OTHER SITES
The Site may contain hyperlinks to websites operated by other parties. You agree not to hold JQAS responsible for the content or operation of any and all such third party websites. A hyperlink from the Site to another website, or from another website to the Site, does not imply or mean that JQAS endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may or should use any content located at any other websites to which you might link from the Site. Additionally, any link to a third-party site submitted or posted by you must not in any way represent that you have received the endorsement, sponsorship or support of JQAS or JQAS’s respective employees, agents, or directors.
JQAS or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all the Site and (b) all related documentation and all copies and installations. JQAS may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of these Terms. Upon termination, you must destroy all such materials.
MODIFICATION OF THE TERMS
Although we may attempt to notify you when material changes are made to our Privacy Statement or these Terms, you should periodically review the most updated versions. JQAS may, in JQAS’s sole discretion, modify, or revise the Privacy Statement and these Terms at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Site indicates your acceptance of the Privacy Statement, these Terms, and any changes to the Privacy Statement and Terms.
This is the entire agreement between the parties relating to the use of the Site.
These Terms for the Site are governed by the laws of the Commonwealth of Virginia, United States of America, excluding Virginia’s conflicts of law rules. Through use of the Site, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site shall be filed only in the state or federal courts located in the Commonwealth of Virginia.
You may not transfer or assign any rights and licenses granted in these Terms, however, any such rights and licenses may be transferred or assigned by JQAS without restriction.
You and JQAS agree that any claim or cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
If any part of these Terms is unlawful, void, or otherwise unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
The John Quincy Adams Society (“JQAS”) recognizes that visitors to our website (the “Site”) should know how we collect, use, and maintain information we collect or may collect about them. JQAS is strongly committed to protecting the privacy of the Site and people who communicate with us. This Privacy Statement seeks to help you better understand (a) how we collect and use your information; (b) how we share and protect your information; (c) your choices regarding our use of such information; and (d) your ability to access and correct your information.
A NOTE ABOUT CHILDREN
We encourage everyone to visit the Site and learn about JQAS. Children, however, are not eligible to register to use the services of JQAS, and we ask that minors not submit any personal information to us. If you are a minor, you may use this service only in conjunction with a parent or guardian. Parents or guardians should become knowledgeable about software and other tools so they can assure that children’s use of the Internet reflects parental preferences and requirements.
If you are a California resident, you may ask us to refrain from sharing your information (whether collected online or offline) with our affiliates for their marketing purposes, if the affiliates are separate legal entities. Please tell us your preference by contacting us as indicated in the “Complaints or Questions” section of this Privacy Statement.
Although the Site has certain security measures in place to protect the loss, misuse, and alteration of the information you provide, no email or web transmission is completely secure against interception or incorrect routing. Thus, there is always the risk that unauthorized persons may access or use your personally identifiable information. If you are worried because your communication is very sensitive, do not send it electronically. Please consider this prior to submitting any information to us via the Site. You use the Site and send us such information at your own risk.
Although we take reasonable measure to protect your privacy on the Site, we need your help. You have control over your own privacy. Think carefully before providing any personal or financial information online. If you desire to remain anonymous when you write to us or send us submissions you should not tell us your name, the names of other users, or of your friends. To fully protect your privacy, you should try to exclude any information that you think may identify you or others.
HOW WE COLLECT INFORMATION
JQAS collects both personally identifiable information and non-personally identifiable information from you in a number of ways. Personally identifiable information is generally information that identifies you, such as your name, telephone number, postal address, email address, and birth date. Non-personally identifiable information is information that does not personally identify you, including anonymous information and aggregate data. JQAS uses this information to understand better how visitors use the Site, research our visitors’ demographics, interests, and behavior, provide visitors with customized services and information, improve our promotional and outreach efforts, and for other similar purposes.
I. PERSONALLY IDENTIFIABLE INFORMATION
There are certain actions and areas of the Site that require you to provide personal information, which may include: (a) requesting educational materials; (b) joining the Site or creating a user account; and (c) submitting a comment.
The personal information we collect may consist or include, but is not limited to, requesting your name, address, phone number, mobile phone number, email address, username, and birth date. By submitting personal information to us, you agree that we may use the information in accordance with this Privacy Statement. We will update this Privacy Statement as we deem necessary. You should be sure to reread this policy in its entirety from time to time.
If you do submit information to us, we will use that information for the purposes for which it was submitted. In order for us to convey educational information to you, we may require a user to provide a name, address, phone number, mobile phone number, email address, username, and birth date. Information collected may be used for the promotion of our educational activities.
We may also use your information in other ways, such as to contact you about other activities or as otherwise disclosed to you at the point of collection, and we may share or transfer your information with our affiliates and any other organizations or entities for similar purposes. Additionally, to the extent required by applicable federal or state law, we will provide this information to others. We may share personally and non-personally identifiable information with third parties that help manage the Site and databases, as well as with our affiliates or other third parties.
• If you post a comment on the Site, we will post the screen name under which the submission was made. Any information you include in a posting will be viewable by any visitor to the Site.
• If in connection with certain aspects of the Site you provide us with your name, address, phone number, mobile phone number, email address, or username, we may use this information to contact you about issues that we believe may be of interest to you. We may also share or transfer this information to other organizations.
By submitting this information to us, you give us permission to receive it, review it, edit it, store it, post it on the Site, and use it in appropriate settings designed to advance the educational mission of JQAS. To protect your privacy, we strongly urge you to not include any identifying information in your submissions.
You should be aware that we use third-party vendors to provide services on the Site and in our offline business operations. The information that you submit on the Site may be provided to those vendors on a confidential basis so that those vendors can provide services (such as maintaining our databases, sending email messages to our visitors, or otherwise facilitating our educational activities) on our behalf.
Please be aware that any personal information you provide in connection with comments you contribute to the Site or any other interactive features we may offer will be visible to other users and visitors to those websites.
POLLS, SURVEYS, SWEEPSTAKES, GIVEAWAYS, CONTESTS, AND PROMOTIONS
JQAS may request information from you via online polls, surveys, sweepstakes, giveaways, or contests. Participation in polls, surveys, sweepstakes, giveaways, or contests is voluntary; you have a choice whether or not to disclose information required to enter. Information requested may include personal contact information such as your name, address, phone number, mobile phone number, email address, username, birth date, and/or similar information. We may share this information with our affiliates, vendors, and other organizations or entities. Contact information will be used to notify winners and award prizes. Contact information may also be used to contact you with further information about JQAS, as well as the information about third parties whose activities relate to the educational mission of JQAS. Survey information, and related information you provide to JQAS, may be used for the purposes of monitoring or improving use of and satisfaction with the Site.
TEXT MESSAGES AND OTHER POINTS OF CONTACT
If you sign up to receive text messages from us, JQAS may collect, store, and use your mobile phone number to send you such messages. We may also collect and store other personally identifiable information, such as your name, address, phone number, mobile phone number, email address, username, and/or similar information you may opt to provide to us. If you provide us with your email address, we may use it to send you email newsletters and updates from JQAS. In addition, as noted above, we may share this information with our affiliates, vendors, and other organizations or entities.
EMAIL NEWSLETTERS AND UPDATES
If you sign up to receive email newsletters and updates from JQAS and its affiliates and/or organizations that aid or share JQAS’s educational mission, we may collect, store, and use your email address to send you information from JQAS. We may also collect and store other personally identifiable information you give JQAS, including but not limited to your name, address, phone number, mobile phone number, email address, username, birth date, and/or similar information you may opt to provide us. If you provide us with your mobile phone number, JQAS may use it to send you text messages. In addition, as noted above, we may share this information with our affiliates, vendors, and other organizations or entities to advance JQAS’s educational mission.
FACEBOOK CONVERSION TRACKING AND CUSTOM AUDIENCES
JQAS may use Facebook Conversion Tracking or Custom Audiences to alert you to educational information. If you do not want to receive this information on Facebook, please use the functionality of Facebook to remove the information you do not want to receive.
You may decide to contact JQAS, by email or otherwise, with other inquiries or to provide feedback. Any personally identifiable information you provide in connection with such inquiries or feedback may be collected and used by JQAS for the purpose of processing and responding to your inquiries or feedback.
II. NON-PERSONALLY IDENTIFIABLE INFORMATION
JQAS gathers certain broad information about the use of the Site, including the number of unique visitors, the frequency with which they visit, and the programs and services preferred. We look at the data in summary form, rather than on an individual basis. We gather this information so we can learn how many people visit the Site, see which pages are the most and least viewed, identify which websites are referring visitors to the Site, and related information. The data helps us determine the extent to which visitors use certain parts of the Site. Thus, we use this information to help us in restructuring the Site to better meet the needs of our users.
In connection with these activities, we may use some of the below mentioned tools.
Generally, we will not allow third parties to place any cookies, web beacons, or other similar devices on the Site. JQAS may allow third parties to place cookies on the Site, such as the below-referenced Google Analytics, in order to improve services JQAS provides to advance our educational mission. We do not control devices that may be placed on the Site by third parties. JQAS is not responsible for any other websites accessible from or linked to this website, including their privacy policies or information collection practices.
JQAS’s use of Google Analytics may include:
• Google’s Display Advertising (e.g., Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, or Google Analytics Demographics and Interest Reporting). Using the Google Ads settings, you can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.
• Remarketing with Google Analytics to advertise online, which means third-party vendors, including Google, may show JQAS’s ads on sites across the Internet. JQAS and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to the Site.
• Google Display Network Impression Reporting or the DoubleClick Campaign Manager integration, which means JQAS and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how JQAS’s ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Site.
• Google Analytics Demographics and Interest Reporting, which means that JQAS may use, to the extent permitted by applicable law, data from Google’s interest-based advertising or third-party audience data (such as age, gender, and interests) through Google Analytics.
We collect and analyze traffic on the Site by keeping track of the IP addresses of our visitors. An IP address is the unique numeric identifier assigned to each computer browser accessing the internet. An IP address, by itself, cannot identify you personally. When combined with other information provided by your Internet Service Provider, however, your IP address can be used to identify the computer originating a message.
HOW TO UPDATE YOUR INFORMATION, UNSUBSCRIBE, OR CONTACT US
We wish to maintain your information accurately, and to allow you to make choices about how we use it. If you wish to review the contact information we have on file for you, correct your contact information, provide a change of address, or inform us how you wish your contact information to be used, please contact our staff. You may contact us by email at firstname.lastname@example.org.
If you do not want to receive any email from us in the future, click the “unsubscribe” reference in any email we send you. Otherwise, you may email us at email@example.com with the subject line reading “UNSUBSCRIBE” to complete the opt-out process, or send a letter to the below address requesting that we unsubscribe you from our contact lists. Note that absent a specific request your records will remain in our database, but your email address and other information used to contact you will be deactivated.
MODIFICATIONS TO THIS PRIVACY STATEMENT
We may amend or change this Privacy Statement at any time. In the event of any material change, JQAS will post a clear notice of such a revision to this Policy on the Site or email you such notice at an email address you have provided to JQAS.
COMPLAINTS OR QUESTIONS
If you have any questions or concerns about how we have used information we have collected about you, please contact us by email at firstname.lastname@example.org or by mail at:
The John Quincy Adams Society
PO Box 17337
Arlington, VA 22216
© Copyright 2016.
All Rights Reserved.