Terms and Conditions

Last Updated: May 31, 2016

Welcome to the Businesses Ending Slavery and Trafficking (BEST) website (http://www.bestalliance.org/) and/or Training Center website (http://www.training.bestalliance.org/) (referred to herein, individually or collectively, as the “Site”).  BEST (“we,” “us,” or “our”) aligns and equips leaders to use the power of business to prevent human trafficking.  These Terms of Use (“Terms”) govern the relationship between you, a user of the Site (“you” or “your”), and BEST regarding use of the Site, including all related webpages and downloadable materials, information, photos, or other documentation (“Content”) that appears on the Site.  Your access to the Site is conditioned upon your acceptance of these Terms, our Privacy Policy, and any additional terms that may be provided or presented to you when you use certain features of the Site, all of which are incorporated into these Terms by this reference.  Please review these Terms and our Privacy Policy carefully.  If you do not agree with these Terms or our Privacy Policy, you should not access or use the site or purchase products through the Site.

If you have any questions about these Terms, please contact us at: info@bestalliance.org.

  1. Privacy Policy

Please review our Privacy Policy, which is part of these Terms and can be viewed at http://bestalliance.wpengine.com/privacy-policy/.  The Privacy Policy describes how we collect and handle any information gathered from users of the Site.  By accessing, browsing, or using the Site, you expressly consent to the collection, use, storage, and disclosure of your information in accordance with our Privacy Policy.

  1. General; Account Creation

The Site may be used as an information source, to make donations, and/or to purchase goods or services.  You may access, browse, or use the Site without creating an Employers Alliance account or Training Center account, as both terms are defined herein.  Either account is referred to herein as “Account.”  If you create an Account, you agree that we may attribute all use of your Account to you.  You are solely responsible for maintaining the confidentiality of your Account, and you agree to accept responsibility for all activities that occur through use of your Account, including, but not limited to, any charges, costs, expenses, damages, liabilities, and losses we incur or may suffer as a result of your failure to do so.  You hereby agree to immediately notify us if you become aware of or believe there is, or may have been, any unauthorized use of your Account or any breach of security.  Please contact us if you wish to deactivate your Account.  You may contact us at: info@bestalliance.org.

  1. Employers Alliance

You may be eligible to join our Employers Alliance.  Joining the Employers Alliance may provide you with access to exclusive Content.  Only we may enable you to join our Employers Alliance.  To join the Employers Alliance or for more information, please contact us at: info@bestalliance.org.  After contacting us to join our Employers Alliance, we may ask for your name and email address to set up your Employers Alliance account.  You will then be prompted to create your own unique password.  Your user name and password may only be used by you, and you are responsible for keeping your account information confidential.

Upon joining the Employers Alliance, you may be asked to complete an Employers Alliance Self-Assessment (“Self-Assessment”) to better assess your organization’s current practices and to identify areas of possible improvement within your organization.  The use of any information provided in the Self-Assessment is governed by these Terms, our Privacy Policy, and any terms included with the Self-Assessment, all of which are incorporated into these Terms by this reference.

  1. Training Center

You may register and create an account for our Training Center (http://bestalliance.wpengine.com)  (“Training Center User”).  As a Training Center User, you may be provided additional Content and information, including training videos and/or the ability to purchase additional goods or services.  If you register for a BEST Training Center account, you must provide us with your current, complete, and accurate information, including, but not limited to, name, email address, billing address, and password selected by you.  Your user name and password may only be used by you, and you are responsible for keeping your account information confidential.

  1. Purchasing Products

You are not required to create an Account to purchase goods or services through our BEST Site, but a Training Center account is required to purchase goods or services through our Training Center Site.  Any such goods or services displayed or purchased through either Site are referred to herein, individually or collectively, as “Products.”  We use a third party payment processor to assist in securely processing your payments.  Please see “Orders and Payment Processing” in our Privacy Policy for more information.  Your purchase of Products through the Site, with our without creating an Account, constitutes your acknowledgement that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian.  If we have grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate any current or further purchases by you through the Site and to refuse any and all current or future use of the Site or any portion of the Site by you, for any reason at any time.

  1. Donations

You may make donations through the Site without creating an Account.  We use a third party payment processor to assist in securely processing your personally identifiable payment information.  Please see “Orders and Payment Processing” in our Privacy Policy for more information.  All donations are made as unrestricted gifts and may not be specified for any particular purpose.  TO THE EXTENT PERMISSIBLE BY LAW, BEST MAKES NO REPRESENTATION AS TO WHETHER DONATIONS ARE TAX DEDUCTIBLE.  BEST SHALL HAVE NO LIABILITY FOR ANY CLAIM BY ANY FEDERAL OR STATE TAX AUTHORITY WITH RESPECT TO ANY CHARACTERIZATION BY YOU OR ANY USER ON ANY APPLICABLE FEDERAL OR STATE TAX RETURN.

  1. Copyright

BEST owns or licenses the copyright in all the materials on the Site, including text, photographs, graphics, logos, button icons, audio, video, and software, and those rights are protected by United States and international copyright laws and other intellectual property laws.  This includes, but is not limited to, our BEST Practices and training videos.  If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our “Copyright Infringement – Notification Procedures” below.

  1. Copyright Infringement – Notification Procedures

If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Copyright Agent, who can be reached as follows:

Mar Brettmann, Executive Director

PO Box 14512

Seattle, WA 98114

Email: info@bestalliance.org

Phone: +1 (206) 724-8246

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  (ii) 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.  (iii) 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 us to locate the material.  (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address.  (v) 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.  (vi) 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.  This process only relates to reporting a claim of copyright infringement.  Messages related to other matters will not receive a response through this process.  Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability.  If you are unsure whether material on the Site is infringing, we suggest that you contact an attorney prior to sending notice.

  1. Permitted Distribution

You may copy or distribute our BEST Practices, Self-Assessment, or training videos with our express prior written permission.  All distributed copies must display the following copyright notice: Copyright © 2016 Businesses Ending Slavery & Trafficking.  Permission to copy or distribute any materials that appear on the Site that are owned or copyrighted by others must be obtained from the third party that owns such content.

  1. User Comments and Guidelines

You may be permitted to post user comments in response to certain Content, such as articles.  This function is designed to provide a forum for sharing user opinions and information regarding Content on the Site.  All user comments, statements, materials, or other content reflect the views of the individual contributors and do not reflect the views of BEST.  BEST takes no responsibility and assumes no liability for any material posted by you or any third party.  You may only post comments by logging in through Facebook.  Because Content posted on our Site may include sensitive information, such as victim narratives, we encourage you to be mindful of this before posting any user comments.  We reserve the right to remove posts that are offensive, repetitive, or act as advertisements.

  1. Links to Other Websites

The Site contains links to information and other websites (“Linked Sites”) that we think may be of interest to you. We do not endorse or sponsor any Linked Sites, and we have no control over and are not liable or responsible for the content of Linked Sites.  Remember that when you link to or share content on another website, that other website is governed by its own terms of use and privacy policy, which you should read and understand.  Access to and use of any Linked Sites is solely at your own risk.

  1. BEST Newsletter; Email Address Submission

The Site may allow you the option to provide your email address in order to receive important communications from us, including, but not limited to, occasional updates and our BEST Newsletter.  Any promotional or informational email communication you receive from us will include our contact information and an unsubscribe link that will allow you to opt-out of receiving future emails.

  1. Site Availability and Support

You may access the Site if and when it is available.  We do not guarantee availability of the Site, the materials on the Site, or the Products.  The Site may occasionally be down for service, upgrades, or for other reasons.  We apologize for any inconvenience that may cause.  To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice.  We have no obligation to provide support in relation to the Site, Content, or Products.

  1. Disclaimer of Warranties

The Site and all Content or materials you download or obtain from the Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom.  To the maximum extent permitted by applicable law, the Site, including all text, graphics, logos, audio and video clips, photographs, and other content is provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE,” and the entire risk of use and performance remains with you.  We do not make any representations, warranties, or conditions, express, implied, or statutory, and hereby disclaim any and all warranties with respect to the Site.  In particular, we make no representation or warranty that the Site, Content, or products: (a) will meet your needs or expectations; (b) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate, complete, or reliable, or (d) will be free from viruses, worms, or other harmful or malicious components.  Nor do we warrant that any defects or errors on the Site or Content will be corrected.

We are not providing legal advice and you should not rely on any information we provide without consulting an attorney.  In no event will we be liable for the truth, accuracy, or completeness of any information or Content on the Site or products purchased through the site.  To the fullest extent permissible by law, we shall not be liable for use of the Site, Content, Or Products under any circumstances.  We do not assume any liability relating to delays or interruptions attributable to third party failures beyond our control.

  1. Disclaimer of Certain Damages

To the maximum extent permitted by applicable law, in no event will we be liable for any consequential, special, incidental, indirect, or punitive damages of any kind, whether foreseeable or not, arising out of or in any way connected with the Site, Content, Products, or these Terms, even if we have been advised of the possibility of such damages.

  1. Limitation of Liability and Exclusive Remedies

To the maximum extent permitted by applicable law and to the extent they are not excluded or disclaimed under Sections 14 or 15, our maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to the Site, Content, Products, or these Terms shall be limited to five dollars ($5.00).  The existence of multiple claims or suits under or related to the Site, Content, Products, or these Terms will not enlarge or extend the limitation of money damages.

  1. Independent Remedies

The exclusion of damages under Section 15 is independent of your exclusive remedy in Section 16 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable.  Each of the limitations of liability in Sections 14, 15, and 16 apply without regard to whether loss, liability, or damage arise from: (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

  1. Notice on Potential Limits of Sections 14, 15, and 16

Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury.  Nothing in Sections 14, 15, or 16 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions.  If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.

  1. Indemnification

You hereby agree to defend, indemnify, and hold BEST, its directors, officers, employees, agents, partners, and licensors harmless and will keep them indemnified from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site, Content, or Products; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or applicable law.

  1. Notices

We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to us.  You agree to send notices to us by emailing them to the following address: info@bestalliance.org.

  1. Termination

We reserve the right to terminate the Site and your access to Content without notice for any reason, including for your violation of these Terms or our Privacy Policy.  The Limitation of Liability and Governing Law Sections of these Terms survive any such termination.  You may permanently delete your Account or remove your email address from our mailing list by contacting us at: info@bestalliance.org.

  1. Changes to these Terms

We reserve the right to change these Terms at any time, in our sole discretion, upon notice to you.  We may give notice by posting updated Terms on the Site, sending you an email, or by any other reasonable means.  You should periodically review these Terms for changes.  You can review the most current Terms at any time at: http://bestalliance.wpengine.com/terms-conditions/.

  1. Governing Law and Exclusive Jurisdiction and Venue

These Terms and your use of the Site is governed by the laws of the State of Washington applicable to contracts made and performed there, without regard to its conflicts of law principles.  You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms, Content, or the Site will reside in the State and Federal Courts of King County, Washington.

  1. General

If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect.  Section titles are only for convenience and have no legal or contractual significance.  We may assign these Terms, in whole or in part, at any time, with or without notice to you.  You may not assign, transfer, or sublicense your rights, if any, in the Site.  If, at any time, we fail to respond to a breach of these Terms by you or others, such failure will not waive our right to act with respect to subsequent or similar breaches.  A waiver will only be binding on us if it is in writing and signed by us.  These Terms (including any incorporated terms or policies) constitute the entire agreement between you and BEST with respect to the Site.  You and BEST warrant to each other that, in entering these Terms, neither you nor BEST have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms.  The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law.  No one other than you and BEST or BEST’s successors and permitted assigns, will have any right to enforce any of these Terms.  You and BEST agree that any cause of action arising out of or related to the Site or Content must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

  1. Comments and Questions

If you have any questions, comments, or concerns about these Terms or the Site, including Content or Products appearing on the Site or provided to you by us, please contact us by going to the “Contact BEST” link at the bottom of the home page and using the form located there, or by contacting us at: info@bestalliance.org.