ICAN Terms of Use Agreement

Effective Date: June 1, 2021

These Terms of Use Agreement (these “Terms of Use” or these “Terms”) are a binding legal contract between you (“You” or “Your”) and Informed Consent Action Network (“ICAN”). These Terms of Use govern Your access to and use of the web sites, media, apps, web services and any other cloud services offered by ICAN (collectively, the “Services” and each a “Service”). You agree that by downloading, accessing or using any part of the Service, You will be bound by these Terms of Use. If You do not agree to these Terms of Use, ICAN is not willing to grant You any right to use or access the Service. In such event, You are not granted permission to access or otherwise use the Service and are instructed to exit the Service immediately.

ICAN reserves the right to revise these Terms of Use from time to time. If we do revise these Terms, the revised terms will supersede prior revisions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. It is Your responsibility to review the Terms prior to each use of the Service, and by continuing to use the Service, You agree to any changes, additions and removals.

SERVICE ACCESS AND USE LICENSE

The Service You have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by ICAN, its affiliates and/or licensors. The Service is licensed to You, not sold. Except for the limited license granted herein, ICAN and its licensors retain all right, title and interest in the Service, including without limitation copyrights, patents, trademarks, service marks and trade names.

ICAN may change, suspend, or discontinue any aspect of the Service at any time. ICAN, and its service providers reserve all rights not granted in these Terms of Use.

LICENSE. ICAN grants You a personal, revocable, nontransferable, nonexclusive license to use the Service for personal, non-commercial purposes, conditioned on Your continued compliance with these Terms of Use.
LIMITATIONS ON LICENSE. The license granted to You in these Terms of Use is restricted as follows:
1. Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Service for personal, non-commercial use only, provided that You maintain and display all copyright, trademark and other notices contained therein. Should you wish to download or copy any items displayed on the Service for any reason other than personal, non-commercial use, you are required prior to such actions to contact ICAN and obtain its express written permission for the use you propose.
2. Limitations on Use. You may use and access the Service exclusively for Your personal, non-commercial use and only in accordance with these Terms of Use. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Service or any contents, information, data or materials provided through the Service in any manner not expressly permitted by these Terms of Use. You may not assign, sublicense, loan or otherwise transfer the Service, or directly or indirectly permit any third party to use or copy any of the Services. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Service; (ii) attempt to or actually gain unauthorized access to any portion of the Service, including without limitation, any other systems or networks connected to or associated with the Service or to any computer, phone, systems, networks or server used by ICAN, by hacking, password or keystroke “mining” or any other illegitimate, unauthorized or prohibited means; (iii) probe, scan, or test the vulnerability of the Service, any network connected to the Service, or any computer, phone, systems, networks, or server used by ICAN, or breach the security or authentication measures on the Service, any network connected to the Service, or to computer, phone, systems, networks, or server used by ICAN; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or to computer, phone, systems, networks, or server used by ICAN, or networks connected to the Service; (v) use any device, software, or routine to interfere with the proper working of the Service or with any other person’s use of the Service, or with any computer, phone, systems, networks, or server used by ICAN; (vi) use the Service to harvest or collect e-mail addresses or other contact information; (vii) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Service without the express prior written permission of ICAN; or (viii) use the Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ICAN.
3. Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Service or any materials accessed through the Service.
4. Proprietary Notices. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Service on any materials accessed through the Service.
5. Compliance with Applicable Law. You are solely responsible for ensuring Your use of the Service is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
USER OBLIGATIONS. By downloading, accessing, or using the Service in order to view information and materials of any kind, You represent that You: (i) are at least eighteen (18) years of age, or between thirteen (13) and seventeen (17) years of age and using the Service with parental or legal guardian consent and supervision; (ii) have not been previously restricted, suspended or terminated by ICAN; and (iii) are not using another authorized user’s information in association with the Service without that person’s permission.
YOUR SUBMISSION OF CONTENT. The Service may contain comment areas, questionnaires, tools, and other interactive features where You can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Materials”). You are solely responsible for any Materials You provide. By submitting Materials to the Service, You warrant that You have all necessary rights to grant, and automatically grant to ICAN and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Materials (in whole or in part) and/or to incorporate them in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Service to access, view, store or reproduce Your Materials and content for that user’s personal, non-commercial use. ICAN will not be required to treat any Materials as confidential, and You grant to ICAN the right to edit, copy, display, publish and distribute any Materials made available via the Service by You, without compensation to You or any other party submitting the Materials for You. Notwithstanding the right and license, by merely permitting Your Materials to appear on the Service, ICAN is not a publisher of such Materials, and is merely functioning as an intermediary to enable You to provide and display Materials. Moreover, and except as provided in these Terms of Use with respect to the right and ability of ICAN to delete or remove Materials, ICAN does not endorse, oppose, or edit any opinion provided by You or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Materials displayed, uploaded, linked-to or distributed by You or any other user. You agree that by using the Service, You will not post or transmit any of the following:
1. anything that interferes with or disrupts the Service or its operation;
2. Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;
3. unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
4. Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
5. Materials that harm minors;
6. Materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent Your affiliation with any entity; or
7. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Service.
OTHER TERMS AND CONDITIONS. Additional notices or terms and conditions may apply to receipt of services, participation in a particular program, sweepstakes, training, authorized user registration to other specific portions or features of the Service, all of which are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Service, the latter terms shall control with respect to Your use of that portion of the Service.
LINKS TO OTHER SERVICES. ICAN may link, in its sole discretion, to other services. ICAN is not responsible for these outside resources or their contents.
LINKS TO THIS SERVICE. You are permitted to link to the Service if you do so in a way that indicates that the link is direct to an ICAN Service and is fair and not misleading. You may not integrate or make use of all or part of the Service in ways that would confuse or mislead visitors as to the nature and origin of the Service’s content.
TERMINATION. These Terms of Use and Your license to use the Service will take effect the moment You install, access, or use the Service and will be in effect until terminated as set forth below. This license will automatically terminate in the event You breach any of these terms. Termination will be effective without notice. You may terminate these Terms of Use at any time by ceasing to use the Service. All applicable provisions of these Terms of Use as identified below will survive termination. Upon termination, You must destroy all copies of any aspect of the Service in Your possession. The following will survive termination of these Terms of Use for any reason: (i) the General section below; (ii) the provisions concerning rights in Your Materials that You have granted to ICAN; and (iii) ICAN’ proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SERVICE AND ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ICAN AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. ICAN DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT ICAN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
OTHER DISCLAIMERS. CONTENT ON THE SERVICE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE SERVICE. ICAN DOES NOT REPRESENT OR WARRANT THAT PRODUCT INFORMATION ON THE SERVICE IS ACCURATE OR COMPLETE, AS INFORMATION MAY BE PROVIDED BY PRODUCT MANUFACTURERS OR SUPPLIERS, AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THE SERVICE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC CONCERN OR QUESTION ABOUT A PRODUCT.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ICAN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR ITS CONTENTS, EVEN IF ICAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF ICAN UNDER THESE TERMS OF USE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICE. Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to You.
ONLINE SHOPPING. All product and service descriptions and depictions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Service does not imply or warrant that such products or services will be available. In the event a product or service available on or through the Service is listed at an incorrect price or with incorrect information, ICAN will have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price, whether due to a typographical error, an error in information received from ICAN’ suppliers or providers, or otherwise. Your receipt of an electronic or other form of order confirmation neither signifies ICAN’ acceptance of Your order, nor constitutes confirmation of ICAN’ offer to sell. ICAN reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. ICAN may charge and withhold the applicable sales tax for orders, otherwise. You are solely responsible for all sales or other taxes, on orders shipped to You. If You wish to purchase any product made available through the Service, You may be asked to supply certain information relevant to such transaction including, without limitation, Your credit card number, its expiration date and security code, the billing address, and any shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such credit card or payment information, You grant to the ICAN the right to provide such information to third parties for purposes of facilitating the completion of any transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any such transaction. It is Your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service purchased from the Service. By placing an order, You represent that the products and services ordered will be used only in a lawful manner pursuant to any additional terms that may accompany them. Except as otherwise set forth herein, the risk of loss for and title to products or services purchased on the Service passes to You upon electronic transmission to the recipient or delivery to the carrier, as applicable. Business customers must submit a Credit Approval and Purchase Order form. Customers who are approved for credit extensions will receive an invoice following order shipment. Invoices are produced four (4) times monthly so there may be more than one (1) order on an invoice for the same bill-to address and the same or different ship-to addresses. We do not send invoices to addresses outside the United States and its territories. You may opt into Electronic Invoice Delivery for the established account. You will provide a valid email address on your Credit Approval and Purchase Order form. You will receive a link in the email to a PDF copy of your invoice. The link expires thirty (30) days from receipt of the email. You confirm that you are authorized to opt in to electronic invoice delivery of American ICAN Store invoice(s) on behalf of You or Your organization to one (1) designated email address. You understand that You or Your organization will not receive an invoice via postal mail after You have been successfully enrolled in electronic delivery. If the billing contact or invoice delivery email address changes for Your account, You will update that information by contacting Billing Support. You or Your organization is responsible for payment regardless of receipt of the electronic invoice. If invoices are not received as expected, You understand that it is Your responsibility to contact Billing Support.Standard Payment Terms are NET 30. Payment in full is due on the date stated on the invoice. Payment of invoice is accepted by credit card or check. Past due amounts shall be subject to collections actions and may be referred to an external collections agency which will result in the termination of Your invoicing privileges. Credit card payment will be required if invoicing privileges are suspended or terminated.To make a payment by credit card, contact us using the information on our website. To pay an invoice by check, include the remittance advice showing Your customer account name, number and invoice number and send to the address on our website. For questions or concerns about Your invoice, please email Billing Support, or call the number listed on the invoice or the Service’s FAQ webpage, as applicable. ICAN reserves the right to change its prices and related policies in its sole discretion upon thirty (30) days advance notice of such changes, which changes shall be posted here.
- It is Your responsibility to keep apprised of these Terms of Use.
MONITORING. ICAN has the right in its sole discretion to monitor the content of the Service (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any Material), to determine compliance with these Terms of Use and any operating rules established by ICAN, and to satisfy any law, regulation or authorized government request.
INDEMNIFICATION. To the maximum extent permitted by law, You agree you will indemnify, defend and hold ICAN and its affiliates and its respective board members, directors, officers, employees, volunteers, and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of Your use of the Service or Your violation of any of these Terms.
PRIVACY POLICY. You acknowledge, and agree that the operation of certain programs, services, tools, options, or information in the Service requires the submission, use and dissemination of various personal identifying information. Accordingly, if You wish to access and use those programs, services, tools, materials, purchase options, or information of the Service, You acknowledge and agree that Your use of the Service will constitute acceptance of the personal identifying information collection and use practices contained in the privacy policies posted on the Service.
LAW. These Terms of Use are governed by and construed in accordance with the laws of Texas, as applied to agreements entered into and wholly performed within Texas between Texas residents.
DISPUTE RESOLUTION: In the event that there is a dispute, claim, or controversy between you and Us arising out of or relating to any claim in statute, contract, tort (including negligence), or otherwise, these Terms of Use, or the breach, termination, enforcement, interpretation, or validity thereof, including, but not limited to, the determination of the scope or applicability of these Terms to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Austin, TX before one arbitrator.The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Our principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, either party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and these Terms of Use not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results, of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of these Terms of Use.YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING WHETHER IN ARBITRATION OR IN COURT. YOU ALSO AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.
These Terms of Use supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms of Use, all of which are merged into these Terms of Use. You may not modify, amend or alter in any way these Terms of Use. In the event any provision of these Terms of Use are found to be invalid or unenforceable pursuant to judicial decree, the remainder of these Terms of Use will remain valid and enforceable according to its terms. Any failure by ICAN to strictly enforce any provision of these Terms of Use will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these Terms of Use. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.