ActionButton Terms Of Service

Effective Date: February 22, 2022

Please read these Terms of Service (collectively with the Privacy Policy and Acceptable Use Policy, the “Terms”) fully and carefully before using www.actionbutton.org (the “Site”) and any ActionButtons, services, features, content, widgets, plugins or applications offered by Speakable PBC (“ActionButton,” “we”, “us” or “our”) (together with the Site, the “Services”). The term “you” or “your” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Services or who downloads or uses any Licensed Software (as defined below). If you are accessing or using the Services on behalf of an entity, you represent and warrant that you have authority to bind such entity to these Terms, and in such case, the terms “you” and “your” will refer also to that entity and its affiliates. These Terms set forth the legally binding terms and conditions for your use of the Services.

  1. Acceptance of the Terms.
    1. By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to these Terms and all other operating rules, policies and procedures that may be published from time to time on the Services by us, each of which is incorporated by reference and each of which may be updated from time to time in accordance with the terms herein.
    2. MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “MANDATORY ARBITRATION CLAUSE & CLASS ACTION WAIVER” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
  2. Eligibility. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. If you are above the age of 13 and below the age of majority in your jurisdiction of residence, you represent and warrant that you will only use the Services with your parent or legal guardian’s consent. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services and ability to agree to these Terms is in compliance with all laws, rules and regulations applicable to you, and that your right to access the Services is immediately revoked where these Terms are prohibited or to the extent the offering, sale, or provision of the Services conflicts with any applicable law, rule or regulation.
  3. Licensed Software Rules and Obligations. If you interact with or create an ActionButton (referred to for purposes of these Terms as “Licensed Software”) from the Services, you represent and warrant that your use of the Licensed Software will comply with the requirements of this Section in addition to complying with the rest of these Terms:
    1. Your License to the Licensed Software
      1. Subject to your compliance with the Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Licensed Software on a website or other location for which you have proper authorization (“Authorized Site”). You are not licensed to use the Licensed Software for any other purpose, and nothing in the Terms shall be deemed to grant you any right, title or interest in the Licensed Software.
      2. As part of your license to the Licensed Software, you agree that you will not: (a) obscure or disable any element of the Licensed Software; (b) display the Licensed Software in any way that implies partnership with, affiliation with, sponsorship, or endorsement by ActionButton or its affiliates; (c) display the Licensed Software on any site that disparages ActionButton or its affiliates in any way.
    2. Your Data Protection Obligations
      1. Compliance with applicable data protection laws. You agree that your collection and use of information through the Licensed Software, if applicable, will be in compliance with all applicable data protection laws, including, without limitation, any requirements to obtain user consent to the processing of their information or otherwise having a lawful basis for information processing. It is your obligation to seek your own independent legal advice as to whether your use of the Licensed Software, and the disclosures you provide regarding your collection, use, and sharing of information through the Licensed Software, are compliant with applicable data protection laws.
      2. Privacy Policy and Transparency. You must be transparent about the information you collect and how you use and share it through the use of the Licensed Software by providing clear and prominent privacy disclosures to individuals with whom you interact or collect data from through the Licensed Software.You must maintain a privacy policy that is accurate, comprehensive, and easily accessible on your website or platform.Your privacy policy must thoroughly disclose the manner in which you access, use, store, and share the information you collect through the Licensed Software. Your use of information collected through the Licensed Software must be limited to the practices explicitly disclosed in your published privacy policy. If you change the way you use information collected through the Licensed Software, you must notify users and prompt them to consent to an updated privacy policy before you use the information in a new way or for a different purpose that originally disclosed.
      3. Our collection of information. By embedding the Licensed Software on an Authorized Site, you agree that we can use information collected through the Licensed Software in accordance with our Privacy Policy. You acknowledge that in order for the Licensed Software to function properly and to enhance user experience, we may place cookies and similar technologies (collectively, “Cookies”), and cause third party Cookies to be placed, on the browsers of users that visit websites that embed Licensed Software.
      4. Child-directed websites and services. Unless otherwise approved by us in writing, use of the Licensed Software is prohibited on websites/services that are directed to children under 13 or for use to knowingly collect information from children under 13.
      5. Non-Interference with Licensed Software disclosures. The Licensed Software interface may include legal or privacy disclosures. If so, you must not take any action that would obscure or alter such information.
    3. Enforcement. Failure to comply with this Section 3 or the rest of the Terms in your use of the Licensed Software may result in revocation or suspension of your access to and/or use of the Licensed Software. Your access to and use of the Licensed Software may also be revoked if your site or service enables end-users or other parties to violate these terms or any other applicable terms we present to you. You acknowledge and agree that we may crawl or otherwise monitor the sites on which you have integrated the Licensed Software for the purpose of confirming compliance with these Terms.
  4. Registration. When you use the Services, you must provide accurate and complete information. You shall not: (i) use a name of another person with the intent to impersonate that person; or (ii) use a name subject to any rights of a person other than you without appropriate authorization. You may never use another person’s user information for the Services. You must notify us immediately of any change in your eligibility to use the Services. If you register for the Services, you will be asked to create a username and password (“Account”). You acknowledge and agree that you are solely responsible for all activity that occurs under your Account and to be responsible for maintaining the security of your password.
  5. Donations.
    1. Donations. Certain aspects of our Services may be subject to payments now or in the future, including when you choose to make a donation (a “Donation”) to a designated 501(c)(3) charitable organization (a “Charity”). We may charge a fee for facilitating the transaction, which may be deducted from your Donation, and the Payment Processor (defined below) will also retain a transaction fee for facilitating the transaction. Except for the fees that both we and the Payment Processor retain, the remaining money you donate to a Charity though the Services will be distributed to that Charity. Please note that any payment terms presented to you in the process of making a Donation are deemed part of these Terms. Any Donations paid hereunder are non-refundable.
    2. Funding Donations. When you chose to use a credit card for your Donation, we use a third-party payment processor (the “Payment Processor”) to bill you through a payment account on the Services (your “Billing Account”) for making a Donation. The processing of Donations will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to make a Donation, you agree to pay the Charity, through the Payment Processor, all Donation amounts you specify in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make Donations using that selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
      1. Braintree. When indicated ActionButton uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree’s payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting these Terms, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894.
      2. OrgHunter. When indicated ActionButton uses OrgHunter and Make My Donation, Inc., a 501(c)(3) Donor Advised Fund (DAF) for payment processing. By accepting these Terms, you agree to Make My Donation's terms of use, available at: https://makemydonation.org/terms-and-conditions/.
    3. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR NAME.
  6. Payments for Licensed Software
    1. General. For information on product tiers and pricing plans, see our website page at: https://www.actionbutton.org/pricing. We may change our fees and associated features at any time, and we do not provide refunds. All fees for the Services are exclusive of taxes (such as sales, use, or value-added ), which we reserve the right to charge as applicable in your jurisdiction, and you agree to pay.
    2. Credit Card Processing. You must use a valid credit card to purchase a subscription on the Services. You acknowledge and agree that we use Payment Processors to process your payments.
    3. Notice of Automatically Renewing Subscription. By providing credit card information and agreeing to purchase any Services, you hereby authorize us (or our Payment Processor) to automatically charge your credit card on the same date of each calendar month (or the closest prior date, if there are fewer days in a particular month) during the term of your subscription (“Subscription Term”). You acknowledge and agree that the amount billed and charged each month may vary depending on your use of the Services and may include subscription fees for the remainder of your applicable billing period and overage fees for the prior month. You acknowledge that for certain credit cards, the issuer of your credit card may charge a foreign transaction fee or other charges.
    4. Invalid Payment.If a payment is not successfully settled due to expiration of a credit card, insufficient funds, or otherwise, you remain responsible for any amounts not remitted to us and we may, in our sole discretion, either (i) invoice you directly for the deficient amount, (ii) continue billing the credit card once it has been updated by you (if applicable) or (iii) terminate your account. At any time, you may change your credit card information by entering updated credit card information in your account or by contacting us.
    5. Termination of Your Account. You may terminate your Subscription Term by going into your control panel and terminating your account. Termination will be effective at the end of the current Subscription Term.
    6. Payment of Outstanding Fees.Upon any termination or expiration of the Subscription Term, we will charge your credit card (or invoice you directly) for any outstanding fees for your use of the Services during the Subscription Term.
  7. Third Party Services. The Services may contain links to other websites, services or resources on the Internet (“External Sources”), and External Sources may contain links to the Services. When you access External Sources, you do so at your own risk. These External Sources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such External Sources. The inclusion of any such link does not imply our endorsement or any association between us and the External Sources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods or services available on or through any such External Source.
    1. Rock The Vote. Actions marked as "POWERED BY ROCK THE VOTE" are processed by third-party provider Rock The Vote. The processing of your data will be subject to the terms, conditions and privacy policies of Rock The Vote and by accepting these Terms, you agree to Rock The Vote’s terms available at https://www.rockthevote.org/privacy-policy/. We are not responsible for error by Rock The Vote.
    2. Care2. Actions marked as "POWERED BY CARE2" are processed by third-party provider Care2. The processing of your data will be subject to the terms, conditions and privacy policies of Care2 and by accepting these Terms, you agree to Care2’s terms available at https://www.care2.com/help/general/tos.html. We are not responsible for error by Rock The Vote.
  8. Content and Licenses.
    1. Definition. For purposes of these Terms, the term “Content” includes, without limitation, any information, data, text, photographs, videos, audio clips, written posts and comments, software or Licensed Software, scripts, graphics, logos, trade names, trademarks and interactive features generated, provided, or otherwise made accessible on or through the Services.
    2. Notices and Restrictions. The Services may contain Content provided by us, our partners or our users that is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
    3. User License. Subject to these Terms and our Acceptable Use Policy we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
    4. Ability to Edit or Remove Content. We do not guarantee that any Content will be made available on or through the Services, or that any Content you access through the Services will be accurate or complete. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms or our Acceptable Use Policy), or for no reason at all and (ii) to remove or block any Content from the Services.
    5. User Feedback. We welcome and encourage you to provide feedback and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain the intellectual property rights and other legal protections for the Feedback.
  9. Rules of Conduct. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms or our Acceptable Use Policy. You are responsible for all of your activity in connection with the Services, and in particular, you shall not (directly or indirectly):
    1. (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (v) harvest or scrape any Content from the Services; or (vi) otherwise take any action in violation of our guidelines and policies.
    2. (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
      We reserve the right to access, read, preserve, and disclose any information as we reasonably believe in good faith is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
  10. Termination. You may terminate your account or use of the Services at any time. If you are enrolled in an automatically renewing subscription, you must provide us with notice of termination prior to the end of your current Subscription Term by terminating your account through your control panel. In the event of termination in the middle of your Subscription Term, you are still obligated to pay any remaining fees due through the end of your Subscription Term. We may terminate your account or use of the Services at any time in our sole discretion, including as a result of your violation of these Terms or the Acceptable Use Policy. If your account or use of all or any part of the Services is terminated, this may result in the forfeiture and destruction of all information associated with your account and in our removal of any Licensed Software or Content you obtained through the Services from locations where you have included such Licensed Software or Content outside of the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  11. Warranty Disclaimer.
    1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
      1. which users gain access to the Services;
      2. what Content you access or view via the Services;
      3. how you may interpret or use the Content; or
      4. how others may integrate Licensed Software on their own sites and services and the exposure that you will have to such Licensed Software.
    2. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
    3. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
  12. Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, violation of these Terms, or infringement by you, or any third party using your identity in the Services, of any intellectual property or other right of any person or entity, including by any Content you provide, if applicable. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
  13. Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT OR OTHER DAMAGES IN EXCESS OF $100.00.
  14. **MANDATORY ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS **
    1. Binding Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
    2. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section, you must notify us in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to us at the following address: P.O. Box 811785, Los Angeles, CA. 90081. If you do not notify us in accordance with this Section, you agree to be bound by the arbitration and class-action waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your mailing address and (iii) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Arbitration and Class Action Waiver section of these Terms (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending us written notice within 30 days of the change to the address set forth in this Section. It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of the arbitration and class-action waiver provisions in this Section within the first 30 days after you first accepted these Terms. If you have not properly opted out of the arbitration and class-action waiver provisions in this Section, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.
  15. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in the Mandatory Arbitration Clause & Class Action Waiver section will be null and void. This Mandatory Arbitration Clause & Class Action Waiver will survive the termination of your relationship with us.
  16. Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the laws of the state of California and that Federal courts of the County of Los Angeles, California shall have exclusive jurisdiction and venue.
  17. Modification. We reserve the right, at any time and in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, Licensed Software, or Content), in accordance with applicable legal obligations. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following such changes constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of such use.
  18. Miscellaneous.
    1. Entire Agreement and Severability. These Terms together with the Acceptable Use Policy and Privacy Policy constitute the entire agreement between you and us with respect to the Services, including use of the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    2. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
    3. Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
    4. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
    5. Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by a nationally-recognized overnight delivery service.
    6. No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
    7. Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
    8. Contact. If you have questions about these Terms, you may contact us at the following address:

      Speakable PBC
      PO Box 811785
      Los Angeles, CA 90081
      [email protected]

ActionButton Privacy Policy

Effective date: February 22, 2022

Introduction

We encourage you to read this Privacy Policy to understand the information we collect, how we use it, and the choices available to you. This Privacy Policy describes the policies and procedures of Speakable PBC and its affiliates and subsidiaries (“ActionButton”, “we”, “our” or “us”) on the collection, use and disclosure of your information on actionbutton.org (the “Site”) and through the services, features, content, plug-ins, widgets or applications we offer (collectively with the Site, the “Services”). We receive information about you from various sources, including: (i) your use of the Services generally; and (ii) from your use of the ActionButton on third-party websites and services.

By using the Services, you agree to this Privacy Policy and that we may process, transfer, and store your information in the United States.

This Privacy Policy contains the following sections:

Introduction
The information we collect
Cookies and similar technologies
Online analytics and advertising
How we use your information
How we share and disclose your information
Children’s privacy
Security and retention of your information
Your controls and choices
Additional information for certain jurisdictions
Changes to our Privacy Policy
Contact information

The information we collect

The information we collect about you depends on the Services you use, how you use them, and the information you provide to us.

We collect information in three main ways: (1) information you choose to provide to us; (2) information we collect automatically through technologies when you use the Services; and (3)

information we collect when you use our ActionButton on third-party websites and services.

Information you choose to provide to us

When you use our Services, you may choose to provide certain information to us. For example, we collect information directly from you when you create or use an ActionButton account, post content to the Services, request information, participate in ActionButton surveys or research, or otherwise communicate and interact with us.

Some of the most common categories of information we collect from you include:

  • Contact and account information, such as name, address, telephone number, email address, and login credentials.
  • Financial and transactional information, such as credit card information will be collected and stored by our third-party payment processors. We do not store or retain your credit card information. We also collect your purchase and transaction history, if you make a purchase or a donation on the Services.
  • Donation Information, when you use the Services to make a donation to a designated 501(c)(3) charitable organization (a “Charity”), we may collect information about the amount donated. We will report the donation amount and your name (only if you provide it, you have the option to make donations anonymously) to the Charity.
  • Your questions, feedback, and requests for information, such as messages submitted to us through online forms or email.

Information we collect automatically through technology when you use the Services

When you use our Services, we may automatically collect certain information. We use a variety of third-party technologies, including cookies and similar tools, to assist in collecting this information. Please refer to the “Online Analytics and Advertising” section below for further information.

Some of the information we automatically collect when you use our Services includes:

  • Information about your access to and use of the Services and emails, such as your IP address, browser language, the state or country from which you accessed the Services, software and hardware attributes (including device IDs, operating system, and browser type), referring and exit URLs, the links you click and files you download, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our Services, the date and time you accessed our websites or opened our emails, and other similar information.
  • Location information. In addition to general location information (e.g., city/state) which may be collected or derived from your IP address, some of our Services may request your precise location information via GPS-based functionality to provide certain features of the Services to you. We will always ask your permission in accordance with your mobile device settings before we collect or use precise location information.

Information we collect from other sources

We may receive information about you from other sources, such as business partners, marketers, researchers, analysts, social network services, and other parties to help us supplement our records.

If you choose to access the Services via a third-party log-in mechanism (e.g., your Facebook, Twitter, or Google log-in), we will collect information from those third parties in accordance with your privacy settings on their services. This information could include your name, birth date, profile picture, and similar information. If you want to limit the information shared by third parties in connection with log-in activities, please consult the privacy policies and settings of those services.

If you interact with our ActionButton through a third-party website or platform, we may receive information about how you interact with the ActionButton or the information you provide in connection with a petition or survey, such as your name, email address, message, and other information you provide. We may also collect general information about how individuals interact with our ActionButton on third-party websites and services, such as the total number of individuals to interact with our ActionButton, how frequently they interact, and how they use the ActionButton. Please note that we are not responsible for the data protection practices of third-party websites, applications, or platforms. We urge you to read the privacy and security policies of any third-party website, application, or social media platform you choose to use.

De-identified data

We may de-identify information we collect so the information cannot reasonably identify you or your device, or we may collect information that is already in de-identified form. Our use and disclosure of de-identified information is not subject to any restrictions under this Privacy Policy, and we may use and disclose it to others for any purpose, without limitation.

Cookies and similar technologies

To collect the information in the “Information we collect automatically” section above, we and our service providers use Internet server logs, cookies, tags, tracking pixels, and other similar tracking technologies. We use these technologies to offer you a more tailored experience in the future by understanding and remembering your particular browsing preferences.

  • A web server log is a file where website activity is stored.
  • A cookie is a small text file that is placed on your computer or mobile device when you visit a website, and it enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions.
  • Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier that are designed to: (i) collect usage information like ad impressions or clicks and email open rates; (ii) measure popularity of the Services and associated advertising; and (iii) access user cookies.

As we adopt additional technologies, we may also gather information through other methods.

Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari).

Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.

Online analytics and advertising

Online analytics. We may use third-party analytics services on our Services (e.g., Google Analytics). These service providers may set and access their own cookies, pixel tags, and similar technologies on our Services and on third-party services to collect information that can be used to track users over time and across services. These analytics services help us understand how users arrive at and use our Services. If you do not want Google Analytics to collect and use information about your use of our websites, then you can install an opt-out in your web browser.

Online advertising. ActionButton works with online analytics and advertising partners to deliver ActionButton advertisements on third-party websites and to better tailor our own ads and communications on our Services. Our partners may also place cookies, pixel tags and similar technologies on many online services, including ours. They use these technologies to collect information about your activities on these services to deliver you more relevant advertising. For example, they may use the information they collect from their cookies on our Services to recognize your device so they can show you relevant ActionButton advertisements while you are using our Services and other services.

We neither have access to, nor does this Privacy Policy govern, the cookies or other tracking technologies that may be placed on the device you use to access the Services by such non-affiliated third-parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt out of receiving tailored advertising from companies that participate in those programs. To opt-out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. Please note that these opt-outs apply per device, so you will have to opt-out for each device through which you access our Services.

Notice Concerning Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, which is why we describe a variety of opt-out mechanisms above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.

How we use your information

ActionButton may use the information we collect in the following ways:

  • To provide the services you have requested,such as complete a purchase or provide the Services to you.
  • To communicate with you,for example, keeping you posted on Services updates, and changes to our terms, conditions and policies.
  • For marketing and advertising purposes,including providing you with relevant announcements, promotions, and information about upcoming events.
  • To personalize your experience and customize the Services, such as delivering relevant content and recommending features through our Services.
  • To improve our Services,including bug detection and error reporting, to understand how users interact with our Services and advertisements, improve usability and effectiveness of our products, perform research and analytics, and to test and create new features and services.
  • For our business operations,including maintaining your account, and for security, fraud prevention, and legal compliance, such as detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity.
  • Other purposes for which we seek your consent. We may also use your information for a specific purpose that we communicate to you. We will ask for your consent to process your information for such purpose in accordance with applicable legal requirements.

The laws in some jurisdictions require companies to tell you about the legal grounds they rely on to process your information.

Our legal bases for processing your information as described in this Privacy Policy are as follows:

  • Where use of your information is necessary to perform our obligations under a contract or commitment to you. For example, to provide the services you’ve requested from us, or to comply with our Terms of Service.
  • Where use of your information furthers our legitimate interests or the legitimate interests of others. For example, to provide security for our Services, operate our business and our Services, make and receive payments, defend our legal rights, and prevent fraud.
  • Where we use your information to comply with applicable legal obligations.
  • Where you have consented to our processing of your information for a particular purpose.

For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

How we share and disclose your information

ActionButton may share your information in the following ways:

  • Affiliated entities. We may share information within the ActionButton family of companies to deliver the Services, operate our business, and enhance our Services and your customer experience.

  • Service providers. We use select third-party vendors to help us provide our Services and operate our business, and we may provide access to or share your information with these vendors. They provide a variety of services to us, including payment processing, data storage, security, and fraud prevention. These service providers are permitted to access and use your information for purposes of performing services for ActionButton.

  • Charities. If you make a donation through the Services, you agree that we may share information about your donation (including your name if you did not make the donation anonymously) with the Charity. The Charity will use your information in accordance with its own privacy policies and terms, so please review these documents on the websites of the Charities to which you donate.

  • Protection of ActionButton and others. We may disclose the information we collect about you if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process (for example, a subpoena or court order) but we will inform you first, if we are permitted to do so; (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ActionButton, its employees or others.

  • Business transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions, including in contemplation of such transactions, your information may be among the transferred assets. If a portion or all of ActionButton’s assets are sold or transferred to a third party, we may share or transfer your information as part of the transaction.

  • Consent. We may also share your information in circumstances where we have your consent to do so.

Children’s privacy

Our Services are intended for general audiences and are not directed at children. If we become aware that we have collected data without legally valid parental consent from children under an age where such consent is required, we will take reasonable steps to delete it as soon as possible.

Security and retention of your information

Security of your information. We are committed to protecting your information. We use a variety of technical, physical, and organizational security measures designed to protect against unauthorized access, alteration, disclosure, or destruction of information. However, no security measures are perfect or impenetrable. If you create an account on the Services, it is important that you select a strong password and do not share it with others. Alert us immediately if you have any concerns about unauthorized use of your account.

Retention of your information. We retain information for different periods of time depending on the purposes for which we collect and use it, or in accordance with our legal obligations, as described in this Privacy Policy.

Your controls and choices

We provide you with the ability to exercise certain controls and choices regarding our collection, use, and sharing of your information. Your legal rights to exercise such controls and choices vary based on the laws of your jurisdiction.

You may request the following by contacting us using the information in the “Contact Us” section below:

  • Access to, or a copy of, your information
  • Correction or amendment of your information
  • Deletion of your information
  • Transfer of your information to a third party
  • Restriction or objection to certain uses of your information

We may ask you to provide us with information necessary to reasonably verify your identity before responding to your request. We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests.

Marketing Opt-Out. You can opt-out of marketing emails from ActionButtonby following the instructions located at the bottom of our email marketing messages. Please note, opting-out or unsubscribing will not prevent you from receiving transactional communications about the Services, or other important notices such as changes to our terms and policies, which are not marketing in nature.

Additional information for certain jurisdictions

Information for California residents

If you are a California resident, California law requires us to provide you with the following additional information about the purpose for which we use each category of “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)) we collect. For information about each category and purpose of use, please see “The information we collect” and “How we use your information” sections above.

The CCPA sets forth certain obligations for businesses that “sell” personal information to third parties. Based on the definition of sell under the CCPA and under current regulatory guidance, we do not believe that we engage in such activity and have not engaged in such activity in the past 12 months from the effective date of this Policy.

To exercise any rights you may have with respect to your personal information under California law, please see the “Your controls and choices” section above. We will not discriminate against you for exercising these rights.

California “Shine the Light” disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to opt-out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. Please contact us using the information in the “Contact Us” section below if you’d like to understand more about the applicability of this law to ActionButton and make a request.

Information for Nevada residents

Under Nevada law, certain Nevada consumers may opt-out of the sale of “personally identifiable information” for “monetary consideration” (as such terms are defined under Nevada law) to a person for that person to license or sell such information to others. We do not engage in such activity; however, if you are a Nevada resident who has purchased goods or services from us, you may submit a request to opt-out of any future sales under Nevada law by contacting us as detailed in the “Contact Us” section below. Please note we may take reasonable steps to verify your identity and the authenticity of the request.

Information for international users

We are located in the United States and may transfer, store, and/or process your information to or with other entities within the ActionButton family of companies or other third parties such as trusted service providers and partners in the United States for the purposes described in this Privacy Policy. Wherever your information is transferred, stored, or processed by us, we take reasonable steps to protect your information in accordance with this Privacy Policy and applicable laws. By providing us with your information, you acknowledge any such transfer, storage, or processing.

EU-U.S. Privacy Shield Framework

ActionButton complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union to the United States. ActionButton has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, ActionButton commits to resolve complaints about our collection or use of your personal data. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact [email protected].

ActionButton has further committed to refer unresolved Privacy Shield complaints to the JAMS Privacy Shield Dispute Resolution Program, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of the JAMS Program are provided at no cost to you.

As part of the Privacy Shield Framework, ActionButton is subject to the investigatory and regulatory enforcement powers of the U.S. Federal Trade Commission. Under certain conditions, described here, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

Changes to our Privacy Policy

From time to time, we may change or update this Privacy Policy to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. You should review the Privacy Policy periodically to determine if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective date” at the beginning of the document. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy. If we make material changes to the Privacy Policy, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective, in accordance with applicable legal requirements.

Contact Us

If you have any questions or concerns regarding privacy using the Services, please send a detailed message to [email protected] or to [email protected]. We will make every effort to resolve your concerns. You can also write to us at:

Speakable PBC
PO Box 811785
Los Angeles, CA. 90081

ActionButton Acceptable Use Policy

Effective date: February 22, 2022

This acceptable use policy (“AUP”) applies to your use of ActionButton (the “Service”). Your use of the Service is at all times subject to the Terms of Service located at https://www.actionbutton.org/tos (the “TOS”), which incorporate this AUP.

When you use the Service you must not (and you agree not to):

  • violate any law or regulation, including (without limitation) those which cover possessing or disseminating child pornography, facilitating sex trafficking, stalking, troll storming, threatening imminent violence, death or physical harm to any individual or group whose individual members can reasonably be identified, or inciting violence;
  • use of the Services to organize or encourage others to violate any law or regulation;
  • use the Services outside of the interfaces we have provided or remove or alter notices, trademarks or logos provided with the Services;
  • engage in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (note: while the Services may include features which are intended to assist you in complying with these legal obligations—such as telephone exemption lists and email suppression lists—the accuracy and reliability of these features is not guaranteed, and you will remain fully responsible for any non-compliance even if you use such features) - further guidance can be found in our Email Acceptable Use Policy;
  • use the service or content in any way that is designed or used to commit or facilitate any "phishing" attack;
  • post any content or use the Service that is, in our judgment, designed to function as a farming bitcoin, bit-torrenting, pirated software website or illegal or unlicensed software or 'warez' website or “tor relay” service or website;
  • attempt to probe, scan, or test the vulnerability of a Services-related system or network or to breach any security or authentication measures used by a Services-related system or network, or to perform any security integrity review, penetration test, load test, denial of service simulation or vulnerability scan on any Services-related system or network;
  • use extreme bandwidth capacity in a way that threatens our infrastructure, including, but not limited to, overloading or attempting to overload the Service’s servers with any distributed denial of service (DDOS) or other overload method or attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques;
  • take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • assume a sender’s identity without the sender’s explicit permission, provided that these prohibitions do not include the use of aliases or anonymous remailers;
  • attempt to access Nations or Networked Nations that you are not authorized to access;
  • upload, transmit or introduce any virus, worm, defect, Trojan horse, time bombs, date bombs, adware, spyware, other malware or similar destructive or harmful item to or via the Service;
  • introduce any keystroke logging or any other monitoring code into the Service;
  • interfere with the operation or availability of the Service, or the hardware, software and networks used to operate the Service;
  • frame or mirror the Service or reformat it in any way;
  • other than as specifically permitted by the Master Terms and any Addition Terms, sublicense or transfer any of your rights under this Agreement or otherwise use the Service for the benefit of a third party, to operate a service bureau or for resale of the Service;
  • create or access your control panel or another nation’s control panel using any automated means or under false pretenses;
  • store all or any portion of the Service on any storage or retrieval system or run the Service off a separate server;
  • forward the Service, or any portion thereof, to another website or storage, other than for your own personal use;
  • represent yourself as a business or enterprise that you do not own or control, unless you are authorized to do so by the person or entity owning the business or enterprise and can demonstrate such authorization upon request;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, publicly perform or display, transfer or otherwise make available the Service or any features or functionality of the Service to any third party for any reason, unless you are permitted to do so by us in the Master Terms of Service or otherwise in writing;
  • infringe or violate the intellectual property rights (including copyrights), privacy rights or any other rights of anyone else (including 3dna);
  • post or upload any content or use the Services in such a way that, in our reasonable discretion, is likely to expose 3dna to civil or criminal liability;
  • jeopardize the security of your Services account or anyone else's (such as allowing someone else to log on as you on the Services);
  • attempt, in any manner, to obtain the password, account, or other security information from any other user;
  • violate the security of any computer network, or crack any passwords or security encryption codes;
  • interfere with security-related features of the Service, including by removing, disabling, circumventing or otherwise creating or implementing any workaround to any copy protection, rights management or security features in or protecting the Service or the content;
  • modify, translate, adapt or otherwise create derivative works or improvements, of the Service or any content or source code;
  • use or develop any third-party applications that interact with the Services or others’ content or information not in accordance with our Master Terms of Service without our prior written consent;
  • "scrape" any page, data, or portion of or relating to the Services or any content available through the Services (through use of manual or automated means); or
  • decompile, reverse engineer, or otherwise attempt to derive or gain access to the source code or underlying ideas or information of or relating to the Services not in accordance with our Master Terms of Service without our prior written consent.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the Service. We may: (a) investigate violations of this AUP or misuse of the Service, or (b) remove, disable access to, or modify any content or resource that violates this AUP. 

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting to law enforcement may include disclosing appropriate customer information. We may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

Changes to This Policy

We may need to change this AUP from time to time, but we will alert you to changes by placing a notice on the Service or by sending you an email. If you use the Service after changes to the AUP have been posted, that means you agree to the revised AUP. If you disagree with the changes, you should immediately stop using the Service.

Report AUP Violations

If you believe you have discovered a violation of our AUP, please contact us at: [email protected].