Effective Date: 4/19/2017
The PushBlack program includes the following services (the “Services”):
- Free Text messages sent 3-5 times per week with information about news, media, campaigns, and other content we believe to be relevant to the black experience now and in the future.
- Text STOP to unsubscribe from PushBlack’s Services.
In exchange for the provision of the Services provided by PushBlack, which you and PushBlack agree constitutes good and valuable consideration, you must agree to the Terms and Conditions (“Terms”) in this document. You should review these Terms carefully, as your acceptance of these Terms by providing your contact information to PushBlack creates a binding legal agreement between you and us.
PushBlack is a non-profit organization with its principal place of business at 1328 9th Street NW, Washington, DC 20001. In these Terms, PushBlack will also be referred to as “we”, “us”, or “our”. The terms “you”, “your”, “user”, or “subscriber” will refer to you.
In order to be eligible to receive the Services we provide, you must review these terms and acknowledge your acceptance of them by providing your contact information to us and subscribing the service. If you do not agree to these terms, you should not subscribe to PushBlack’s services.
PushBlack is available only to individuals who are at least thirteen (13) years old. By using PushBlack you represent that you are at least 13 years of age and otherwise able to enter into a valid and binding legal agreement and acknowledge that the Terms constitute a valid, binding agreement between you and us.
IMPORTANT: These Terms contain limitations on our liability to you and an agreement that all disputes be resolved by binding arbitration on an individual basis only. See below for more details on these provisions.
Changes to These Terms
We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We will provide you advance notice of any material revisions. This notice will be provided via the contact information we have on file. For other revisions, we will update the effective date of these Terms at the top of the page. We encourage you to check the effective date of these Terms whenever you visit PushBlack’s website. Your continued access or use of our Services constitutes your acceptance of any revisions. If you don’t agree to the revisions, you should stop using PushBlack’s Services and we are not obligated to provide you with the Services.
Consent to be Contacted
By providing your contact info to us, you understand and agree that you are consenting to be contacted via voice and/or text using an autodialer or other means in regard to any content relevant to PushBlack or other similar campaigns we may develop in the future. If PushBlack is ever sold, assigned, or transferred to a different parent entity, your consent to be contacted will automatically be transferred to such entity so that you may continue to receive the Services provided by PushBlack, unless you have previously revoked the consent granted under this Section.
Ownership of the Services
As between you and PushBlack, we exclusively own and reserve all right, title, and interest in and to our Services, except to the extent that the content of the Services by licensed by us from a third party, in which case some right, title, and interest in such content is owned by such third party. By subscribing to PushBlack, you agree not to transfer, resell, lease, license, or otherwise make available our Services or any of the content provided through PushBlack to third parties, or offer them on a standalone basis, or otherwise use our Services in any manner that violates any applicable law, including law pertaining to copyright, trademark, or other intellectual property rights.
TEXT MESSAGING FEES
Any text messages sent and/or received are subject to standard text messaging rates. Additionally, text messages sent and/or received count towards a monthly quota as any other messages do. You should be aware that standard text messaging rates may apply. Text messaging rates can normally be found by asking your provider.
Warranties and Disclaimers
Without limiting PushBlack’s express warranties and obligations under these terms, we hereby disclaim any and all other warranties, express or implied, including but not limited to warranties of merchantability, title, non-infringement, and fitness for a particular purpose and warranties related to third-party equipment, material, services or software. PushBlack’s services are provided “as is” to the fullest extent permitted by law. To the extent this disclaimer conflicts with applicable law, the scope and duration of any applicable warranty will be the minimum permitted under that law.
Except as expressly provided in these Terms, under no circumstances and under no legal theory, whether in tort, contract, or otherwise, will PushBlack be liable to you for any indirect, special, incidental, consequential or punitive damages of any character, including, without limitation, damages for loss of goodwill, lost profits, lost sales or business, work stoppage, computer failure or malfunction, lost data, or for any and all other damages or losses, even if we had been advised, knew or should have known of the possibility of such damages. Except as described in this section, under no circumstances and under no legal theory, whether in tort, contract, or otherwise, will PushBlack be liable to you for any direct damages, costs or liabilities in excess of $100.
The provisions of this section allocate the risks under this agreement between the parties, and the parties have relied on the limitations set forth herein in determining whether to enter into this agreement.
You will defend, indemnify and hold PushBlack and its employees, agents, and affiliates harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation, or enforcement action arising out of or relating to your activities under these Terms or your acts or omissions in connection with your use of the Services, including, without limitation, any intellectual property claims (“Claim”). We and our affiliates will cooperate as fully as reasonably required in the defense of any Claim, at your expense. We reserve the right, at your expense, to retain separate counsel for ourselves in connection with any Claim or, if you have not responded reasonably to the applicable Claim, to assume the exclusive defense and control of any Claim in which you are a named party and that is otherwise subject to indemnification under this Section. You will pay all costs, reasonable attorneys’ fees and any settlement amounts or damages awarded against us in connection with any Claim. You will also be liable to us for any costs and attorneys’ fees we incur to successfully establish or enforce our right to indemnification under this Section.
We will not be liable to you for any delay or failure to perform any obligation under the Terms if the delay or failure is due to circumstances beyond our reasonable control.
MUTUAL AGREEMENT TO ARBITRATE
In consideration of PushBlack’s Services, you agree that any and all disputes with us relating to any aspect of the Services shall be subject to binding arbitration pursuant to the Federal Arbitration Act. Disputes that you agree to arbitrate, and thereby agree to waive any right to a trial by jury, include, but are not limited to, any statutory claims under state or federal law, including claims arising under the Telephone Consumer Protection Act (“TCPA”). All disputes subject to this agreement must be arbitrated as individual claims. Specifically, you agree that you may bring claims against PushBlack only in your individual capacity and not as a plaintiff or member in any purported class, representative, or collective proceeding. Similarly, you understand that we may only pursue claims against you in your individual capacity and not as a plaintiff or member in any purported class, representative, or collective proceeding. You waive any right you may otherwise have to pursue, file, participate in, or be represented in actions brought in any court as a class, representative, or collective actions. This waiver applies to any claims covered by this agreement to the fullest extent that such a waiver is permitted by law.
You agree that prior to filing a Demand for Arbitration, the complaining party must first notify the other party, by certified mail, of its intent to arbitrate. You agree that any arbitration will be administered by the American Arbitration Association (“AAA”) and that a neutral arbitrator will be selected in a manner consistent with its national rules (“AAA Rules”). You understand that the AAA Rules are available online at http://www.adr.org/. You acknowledge and agree that the AAA Rules have been made available to you at the link in these Terms and that you have had the opportunity to review the AAA Rules to the extent that you believe is necessary to knowingly and willfully enter into this agreement. You agree that the arbitrator shall have the power to decide any motions brought by the parties to the arbitration, including motions to dismiss, prior to any arbitration hearing. You also agree that the arbitrator shall have the power to award any remedies available under applicable law.
If you cannot afford or otherwise do not want to pay the Administrator’s or arbitrator’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from the Administrator, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees, and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this Section enforceable.
You agree that the arbitrator shall administer and conduct any arbitration in a manner consistent with the AAA Rules, except to the extent that the AAA Rules conflict with applicable law. In the case of any such conflict, you agree that applicable law shall be applied and that any conflict shall not prohibit the enforcement of this agreement or in any way encumber the Parties’ mutual desire to arbitrate. You agree that the arbitration will be limited to claims brought on an individual basis and that the arbitrator will have no right or authority to hear or rule on any dispute brought as a class action, collective action, representative action. You agree that the arbitrator has no jurisdiction to certify any group as a class, representative, or collective action. You agree that the decision of the arbitrator shall be in writing and shall reveal the essential findings and conclusions on which the award is based.
Except as provided by this agreement or mandated by applicable law, arbitration shall be the exclusive and final forum for the resolution of any dispute between you and PushBlack.
You understand and acknowledge that both you and PushBlack desire to agree to arbitrate any and all claims that can be arbitrated under applicable law. To that end, you expressly intend and agree that the provisions of this agreement are severable. If any provision of this agreement, including, but not limited to the mutual class, representative, and collective action waiver, is held by a court of competent jurisdiction to be unenforceable, you agree that such provision shall be severed and that the remainder of the agreement shall be enforced.
You acknowledge and agree that you are executing this agreement voluntarily. You further acknowledge and agree that you have carefully read this agreement and that you have asked any questions necessary to understand the terms, consequences, and binding effect of this agreement, including that you are waiving your right to a jury trial. Finally, you agree that you have been provided an opportunity to seek the advice of an attorney of your choice before entering into this agreement.
The arbitration agreement contained in this Section is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, and not by any state law concerning arbitration. This Arbitration Provision shall survive the termination of your use of the Services, the Terms themselves, and the fulfillment of all our and your obligations under the Terms.
Types Of Information Collected
PushBlack Now may ask you for some or all of the following types of information which may be identifiable to you when you register for our Services, access various content or features, complete email, SMS, telephone, online, or in-person surveys, or directly contact us: (i) contact information for you and your family and friends, such as names, email addresses, and telephone numbers (ii) demographic information, such as your age, gender identity, race/ethnicity, education level, zip code, household structure, household income, number of children, ages of children, children’s birthdays, and names of children’s schools; and (iii) information for the purpose of authenticating yourself or your account if we have reason to believe, in our sole discretion, that you may be violating Service policies or for any other reason we deem necessary (collectively “Personal Information”). You are responsible for ensuring the accuracy of all Personal Information you submit to PushBlack Now.
We also collect and store the Personal Information you voluntarily submit to us through registering with us or uploading or posting User Content through our Services. If you are signed into your Pinterest, Instagram, Twitter, or Facebook account and you “like” or “comment” on PushBlack Now Content or other User Content, your Pinterest, Instagram, Twitter, or Facebook username will be displayed and so available to the public. You agree that your username, likes, feedback, and any associated comments may become public information; we therefore urge you to exercise caution when deciding to disclose any Personal Information through the Services.
In addition, if you choose to purchase or subscribe to a Service of PushBlack Now that requires a Fee or to make a donation to PushBlack Now, you will be required to provide us with your billing information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Billing Information”).
COOKIES AND OTHER TECHNOLOGIES
INFORMATION COLLECTED AUTOMATICALLY
We automatically receive and collect information such as your IP address, the URLs of websites you arrive at PushBlack Now sites from or leave PushBlack Now sites to go to, your type of browser and language, access times, the content of any undeleted cookies that your browser previously accepted from us, your operating system, your mobile provider, your mobile device, and your internet service provider. We may use such information to better understand how PushBlack Now visitors use our Services, to analyze trends, administer the website, prevent fraud, and gather broad demographic information.
Our Use Of Your Information
Our primary purpose in collecting information, both Personal Information and other, is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your information to: provide the Services and customer support you request; troubleshoot problems and prevent potentially prohibited or illegal activities; customize, measure and improve our Services, content, and advertising; tell you about and administer our Services, targeted marketing, Service updates, contests, sweepstakes, rewards, and promotional offers based on your communication preferences; monitor and enforce our Terms and Conditions; communicate with Users about products and/or services Users may be interested in; verify User eligibility to use our Services.
Our Disclosure Of Your Information
PushBlack Now is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you. We may disclose Personal Information, Billing Information, and Non-Personal Information to respond to legal requirements, enforce our policies, respond to claims that content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also use and/or share your Personal Information, Billing Information, and Non-Personal Information with, and you authorize us to use and/or share this information with:
Service providers under contract who help with our business operations. We employ these companies and people to perform tasks on our behalf and need to share your information with them to provide products and services to you.
Certain of PushBlack Now’s program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Our affiliates and partners, so they can offer you special services, campaign opportunities, products, discounts, and other items or services. Likewise, we may receive information from such affiliates and partners to offer our Users special items or services.
We may combine your information with information we collect from other companies and use it to improve and personalize our Services, content, and advertising.
We will not sell or rent your information to third parties without your explicit consent.
In an ongoing effort to better understand our Users, we may analyze certain Personal Information in order to operate, maintain, manage, and improve the Services and/or potential products and services we may offer in the future. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics in order to describe the Services and these products and services to current and prospective funders and business partners and to other third parties for other lawful purposes.
We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
As we develop our organization, we might sell or buy organizations or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference by following the directions provided with the communication or advertisement.
No Spam Or Spyware
We do not tolerate spam. If you would like to report an incident of spamming or other unauthorized communications from other Users, please contact us at [email protected]. We maintain the right to investigate such incidents and take suitable action.
We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Nevertheless, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time. PushBlack Now cannot ensure or warrant the security of any information you transmit to PushBlack Now or guarantee that your end user data stored through the Services may not be accessed, disclosed, altered, or destroyed by breach of our safeguards. In particular, email or SMS messages sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via email or SMS.
Information associated with our Services is hosted on servers in the United States. Accordingly, if you are located outside of the United States, any information you provide to us will be transferred to the United States. By providing us with any information, you consent to its transfer and storage in the United States.
Email And SMS Communications
We may use your email and/or telephone number to deliver PushBlack Now’s Services, as well as for other promotional (e.g., new product offerings, special offers by us or other third parties) purposes. Email and SMS messages we send you may contain features that enable our databases to track your usage of the messages we send you, such usage includes whether the message was opened and what links (if any) were clicked. If you send a message to us, or fill out forms as a part of our Services, we will collect your contact information and the full content of your message including attached files, and other information you provide.
You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional message you receive or by contacting us directly at [email protected].
Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others Users through our Services or on other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We are not responsible for any information we do not collect. We encourage you to ask questions before you disclose your Personal Information to others.
California Civil Code Section 1798.83 permits residents of the State of California to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please email us at [email protected]shblack.org.
PushBlack Now does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
Changes To This Policy
We reserve the right, at any time, to add to, change, update, or modify this Policy. Any such changes to this Policy will be posted here on our site so we urge you to please visit this page frequently. Revised Policies will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of this Policy. We encourage you to check the effective date of this Policy whenever you visit PushBlack Now’’s websites.
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