Last Updated: May 5, 2017
3. Privacy Statement
We have established a Privacy Statement to explain how we collect, use, retain and share information about you. Please carefully review our Privacy Statement, which can be found here. By accessing or using the Website, you also are signifying your acknowledgement of our Privacy Statement.
4. Intended Users
This Website is intended for users who are at least 18 years old. If you are using the Website for the benefit of a child age 13 or older, please do not provide information relating to such child unless you have obtained the consent of the child’s parent or legal custodian or guardian, including their consent to our Privacy Statement. We do not allow the Website to be used by or for the benefit of anyone under the age of 13.
5. User Responsibilities
As a condition of your use of the Website, you agree not to engage in the following actions:
- take any action, or use the Website in any manner, which could damage, disable, overburden, or impair the use of the Website, or interfere with any other party’s use and enjoyment of the Website;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures on the Website;
- obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;
- copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to America First or third-party content (“Content”) from the Website. Search result pages may be printed for individual use;
- resell Content from the Website for any purpose, or provide it to third parties by gift, copying on a charge basis, copying on a no charge or “cost recovery” basis, loan, rental, service bureau, external time sharing or similar arrangement;
- upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents; and
- encourage or enable any other individual to do any of the foregoing.
6. License and Use
The Website and all of its features and functionalities (including but not limited to all information, text, displays, images, video and audio, and the design selection and arrangement therefore) and all of the Content are owned by America First, its licensors, and other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. All rights related to the same are reserved.
- As expressly authorized by America First in writing;
- To temporarily store files that are automatically cached by your Web browser for display enhancement purposes;
- To print or download one copy of a reasonable number of pages of the Website for your personal, non-commercial use and not for further reproduction, publication or distribution;
- To share the Website or updates of the Website, or to link to a reasonable number of pages of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. We reserve the right to withdraw linking permission in our sole discretion and without notice.
The aforementioned permissions are granted on the condition that:
- You do not remove or modify any copyright, trademark or other proprietary rights notices or disclaimers from Content or copies of materials from the Website;
- You add a permission notice (e.g., “Used with permission”) to such Content;
- Your use of the Content does not imply that America First endorses, sponsors or is affiliated with any product, service, person, or entity;
- You do not modify, decompile or reverse engineer any Content;
- You do not use any illustrations, photographs, video or audio sequences or any graphics without permission from America First; or
7. America First Trademarks
You acknowledge that the Website and its Content may be protected by copyright, trademarks, trade secrets, or other proprietary rights owned by, controlled or licensed by or to us, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Website is and shall remain our property.
No portion of the Website may be reproduced in any form, electronic or otherwise, for any purpose other than personal use, without our prior written permission. Any trademarks, logos, service marks, and product marks displayed on the Website are our registered and unregistered marks unless otherwise indicated, and are protected by U.S. and international trademark laws. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the Contents herein may be a violation of applicable trademark and/or copyright laws and could subject the copier to legal action.
You agree to comply with all intellectual property rights laws and you shall not encumber any interest in, or assert any rights to, any Content from the Website. You shall not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part, of the Website.
8. Advertisements and Promotions
America First may run advertisements and promotions from third parties on its Website. Your correspondence with, or participation in promotions of third-party advertisers found on or through the Website, including any payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. America First is not responsible or liable for any damages of any sort arising from or relating to any such dealings or as the result of the presence of such non-America First advertisements or promotions on the Website. Please note that advertisers on the Website may collect information from you while you are using our Website in accordance with the terms of our Privacy Statement. However, advertisements may link to third party websites, over which American First has no control or responsibility.
9. Links to Third Party Hyperlinks and Websites
The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
10. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. AMERICA FIRST AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE CONTENT, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMERICA FIRST OR THE RELATED PERSONS WILL NOT BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OF THE WEBSITE, OR ANY CONTENT THEREIN. THIS IS TRUE EVEN IF AMERICA FIRST OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN ADDITION, AMERICA FIRST IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE. FURTHERMORE, AMERICA FIRST DOES NOT GUARANTEE THAT THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND AMERICA FIRST DISCLAIMS ANY LIABILITY RELATING THERETO.
13. Copyright Complaints
We respect the intellectual property rights of others and we ask that users of the Website do the same. If you believe that anything on this Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:
2205 Main Line Blvd
Alexandria, VA 22301
As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has 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; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
14. Suspension and Termination Rights
15. Governing Law; Disputes
16. Arbitration; Class Action Waiver
You and America First agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Except for the remedies listed in Section 16(b) below, arbitration on an individual basis is the exclusive remedy for any Disputes which might otherwise be brought on a class, collective or representative basis between you and America First. This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall take place in Virginia. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You and America First shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and America First shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, in the event the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void.
Notwithstanding the above, without limiting any other remedies that may be available to America First, if a Dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, America First may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the Commonwealth of Virginia.
17. Limitation on Disputes
You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.
19. Contact Information
If you have any questions or concerns, please email us at [email protected]
See also: Privacy Statement
Last Updated: May 5, 2017
Please carefully review this Privacy Statement to understand our policies and practices regarding the collection, use and treatment of your information. By accessing or using our Website, you acknowledge that we will handle your personal information in accordance with this Privacy Statement.
We may change the terms of this Privacy Statement from time to time and without notice to you. You can determine when the Privacy Statement was last revised by referring to the “Last Updated” notation above. Your continued use of our Website after we make changes confirms your acceptance of the Privacy Statement, as amended. We, therefore, encourage you to review the Privacy Statement whenever you access our Website in order to stay informed about our collection practices. If any of the terms of this Privacy Statement are not acceptable to you, please do not use our Website or otherwise provide us with any personal information.
2. Scope of Privacy Statement
This Privacy Statement only applies to information we collect from you automatically, or information you provide to us when using our Website, or through email and other electronic messages or communications between you and the Website or America First.
This Privacy Statement does not apply to any other information provided by you to, or collected by any third party, including through any application or contact that may link or be accessible from the Website. We encourage you to review the privacy policies of any third parties prior to providing them your information.
This Privacy Statement will tell you:
- What information we collect from you;
- How we use the information we collect;
- How your information is shared;
- About links to third party websites;
- Your choices about how we use and disclose your information;
- How America First secures your information;
- How we comply with the Children’s Online Privacy Protection Act;
- How information of international users is used;
- About changes to the Privacy Statement; and
- Where you can contact us if you have any questions about this Privacy Statement.
3. Information We Collect
a. Personal Information
We collect and store Personal Information that you provide voluntarily when using our Website. "Personal Information" is information that specifically identifies you or, when combined with other information we have, can be used to identify you. Such Personal Information may include your full name, email address, and phone number and any other information you voluntarily provide to us. For example, when you sign up for our newsletters to receive the latest news and information from America First, we collect your name, email address and zip code. By providing us with this information, you consent to us contacting you via these means.
Additionally, when you collect or link to our Website via social networking sites (like Facebook or Twitter), we may collect your profile information from your social networking account, depending on the settings you establish with that social networking account. For more information on what information is shared with us, please review the privacy policies of the social networking sites that provide these features and/or review the privacy settings in your social media account.
b. Information Collected by Automatic Means
As with many other websites, we automatically collect certain information about you when you visit and interact with our Website. This information may include your domain name or browser used to visit our Website, details about the emails we send that you open, or forward, Internet Protocol (IP) address, Internet Service Provider (ISP), date and time stamps, sites visited before and after interacting with our Website, page views, page navigation, links that are clicked, and certain device data (such as operating system type, device type or model, location, browser type and version, user language, and other system settings).
In addition, our Website may use “cookies” and other technologies to monitor and evaluate the Website’s traffic, and make improvements to the Website to enhance your experience. Cookies are small bits of data that web servers store on a user’s hard drive based on his or her Internet activity. These technologies help us track and understand how individuals use and interact with our Website. Cookies, by themselves, will not be used by us to disclose your individual identity. This information identifies your browser, but not you, to our servers when you visit the Website.
We may also collect information using web beacons (also known as “tracking pixels” or “clear GIFs”). Web beacons are electronic images that may be used in our Website or emails and help deliver cookies, count visits, understand usage and determine whether an email has been opened and acted upon.
For more information about cookies and how to disable them, please check out “Your Choices” below.
c. Third Party Cookies and Analytics Services
4. How We Use Information We Collect
We may use the information we collect for various purposes as described in this Privacy Statement, including in the following ways:
- To send you newsletters, and provide you with information you request or that we think will be of interest to you, such as sending you updates on various campaigns, candidates, issues, events, resources, promotions, and contests;
- To respond to your emails, questions, comments, feedback or inquiries, and otherwise contact you about your use of our Website;
- To maintain and improve the Website, including sending you periodic technical notices, updates, and other administrative messages in connection with our Website;
- To track and analyze trends, usage and activity in connection with the our Website;
- To connect you with other supports or like-minded organizations;
- To compile aggregated or anonymized user information for various research and analytical purposes; and
5. How Your Information is Shared
We may disclose your information as follows:
- To entities with whom we partner and/or who provide services to us, including companies that provide application analytics, data processing and IT services such as application development, maintenance and other services;
- To candidates, organizations, campaigns, groups or causes that we believe have like-minded political viewpoints, principles or objectives or share similar goals, and with organizations that facilitate communications and information sharing among such groups;
- To establish or exercise our legal rights, or to defend against claims, or when we believe in good faith that we are lawfully authorized or required to do so in order to comply with the law or legal processes;
- If permitted by applicable law or required to do so by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our users of the Website;
- In connection with or in the event of a reorganization, asset sale or transfer, change or control or consolidation, or in any other situation where personal information may be disclosed or transferred as one of the assets of America First, including information concerning your relationship with us to the extent permitted by applicable law; and
- With your consent.
We may also share aggregated or anonymized information that does not directly identify you.
6. Links to Third-Party Sites
This Website may contain links to other third-party websites (“third party sites”), such as “Facebook” or “Twitter,” or other social networks. We do not control the privacy policies or practices of these third-party sites. Therefore, you should review those policies before providing any information. These third-party websites may send their own cookies and other tracking devices to you, log your IP address, and otherwise collect data or solicit personal information. We are not responsible for the content or practices of any linked third-party sites, and we provide these links solely for the convenience of our users.
7. Your Choices
a. Newsletters and other communications
On our Website, you have the option to subscribe to receive newsletters and other information or updates from us. If you change your mind in the future and no longer wish to receive our newsletter or any other information by email, you have the ability to opt out of receiving them at any time by clicking “unsubscribe” as indicated on any piece of information that you receive or sending us an email at [email protected] and we will remove you from receiving further email communications.
b. Cookies and Tracking
You can disable Cookies at any time by adjusting your browser settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. Please be aware, however, that if you turn off Cookies, you may not be able to take full advantage of all of our Website’s features.
c. Device Data
You may manage how your mobile device and mobile browser share certain device data with America First by adjusting the privacy and security settings on your mobile device. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
d. California Do Not Track Disclosures
We do not have a mechanism in place for responding to browsers “do not track.” Currently, we do not alter our data collection and use practices in response to Do Not Track signals.
8. Accessing, Correcting and Retaining Your Information
America First retains the information we collect from and about you only for as long as it is necessary for the fulfillment of the purpose for which the Personal Information was collected, unless otherwise authorized by applicable law. We take measures to destroy information if required by law or if the Personal Information is no longer required for the purpose for which we collected it.
We also provide you with means to review or modify Personal Information that you have provided to ensure it is accurate and up-to-date, or to delete your Personal Information by contacting us at [email protected] Please note that we may retain an archived copy of some of your Personal Information as required by law.
9. Security of Your Personal Information
We have implemented commercially reasonable security measures to help prevent loss of, unauthorized access to, or misuse of your Personal Information. However, no method of transmission over the Internet is completely secure or error free; hence, we cannot guarantee that your Personal Information will never be disclosed in a manner inconsistent with this Privacy Statement (for example, as a result of unauthorized acts by third parties that violate applicable laws or relevant web policies).
10. Children’s Privacy
This Website is not intended for individuals under the age of 13, and we do not knowingly collect Personal Information from any individual who we know to be in this age group. If you are a parent or guardian of a child under the age of 13 or younger and believe that he or she has provided us with Personal Information online, please email us at [email protected]es.org and request deletion of the child’s information. We will delete that information as soon as reasonably possible.
11. International Users
If you live outside the United States, and you use the Website or provide us with Personal Information using the Website, your Personal Information will be handled in accordance with this Privacy Statement. Your Personal Information will be collected and stored in the United States, and will be subject to the laws of the United States. By using the Website or giving us your Personal Information, you are directly transferring your Personal Information to us in the United States. Please note that the data protection and privacy laws of the United States may not be as protective as the laws in your country. The laws of the United States will govern the processing of your Personal Information, including any obligations of security and third-party information sharing.
12. Contact Us
If you have any questions or concerns about the Website or Privacy Statement, you may contact us at [email protected]