How, when and why we collect and use information
- The personal information that you provide helps us to provide you with information and to pursue our advocacy agenda.
- We may use your contact information to communicate with you about our activities and offerings, and activities and offerings of our affiliates, unless you opt-out from receiving such messages. We may also use your email address for administrative purposes, such as notifying you of major Website changes, sending messages related to actions you have taken on the site or for customer service purposes. Although we hope you’ll find these communications informative and useful, if you don’t, you can always unsubscribe.
- When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
- We may also use anonymous usage data that we gain from you to improve the quality of your user experience and the design of the Website and to create new features, functionality, and services by storing, tracking, and analyzing user behavior, preferences, trends, and actions.
- We do not target advertising to minors, nor do we knowingly collect any information from children under the age of 13.
We may be required to disclose information that we retain pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. If we receive a subpoena requesting information about you and if you have provided us with your email address, we will attempt to notify you of the subpoena at the email address that you have provided. Additionally, we may share account or other information when we believe it is necessary to comply with the law, to protect our interests or property (or the interests or property of our affiliates), to prevent fraud or other illegal activity, to prevent bodily harm, to enforce our User Agreement, or to protect the rights, property or safety of visitors to our site, the public, Bay Rising or our affiliates.
Information Security and Data Integrity
We take security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. Your privacy could be compromised in the unlikely event of a hardware failure or network attack. We will take all reasonable precautions against – but assume no liability in the event of – such occurrence.
WEB SITE TERMS AND CONDITIONS OF USE
Welcome to the Bay Rising website. Please carefully review our User Agreement before you begin using the site. Thank you.
A. Your Acceptance
Although we may attempt to notify you when major changes are made to this User Agreement, you should periodically review the most up-to-date version. We may, in our sole discretion, modify this User Agreement at any time. By continuing to use this website following our posting of such changes, you agree to be bound by this User Agreement, as modified.
Through our Website, we provide users with access to a rich array of educational resources. We hope you find our Website useful. We reserve the right to modify, suspend, or discontinue the Website or any related sites, or any part of them, at any time, for any reason without prior notice to you. You agree that we shall not be liable for any such modification, suspension, or discontinuance.
B. General Use of the Website — Permissions and Restrictions
We hereby grant you permission to view and use the Website as set forth in this User Agreement, provided that:
- You do not collect any personally identifiable information of others, including user names or email addresses, from the Website.
- You do not use the Website for any commercial purposes without our prior written authorization. You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail or other solicitation. You agree not to solicit, for commercial purposes, any users of the Website with respect to material they post on the Website.
- You do not use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
- You do not transmit or otherwise make available any content containing any “virus,” “worm,” “trojan horse,” or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- You do not alter or modify any part of the Website.
- You do not circumvent, disable or otherwise interfere with security-related features of the Website or our sites or servers (or networks connected to our Website).
- You do not harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to a person or entity on or through the Website or its communication systems.
- You do not transmit or otherwise make available on or through the Website any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable regarding race, gender, sexual orientation, religion, national origin, ethnicity, or other legally protected categories, as solely determined by us.
- Your use of the Website does not violate the rights of third parties, including but not limited to rights of publicity, trademark, patent, trade secret and other intellectual property rights.
- You do not provide false information or attempt to mislead others as to the identity of the sender, replier, or the origin of a communication facilitated by us.
- You do not distribute data containing hyperlinks to sites that contain content prohibited on the Website.
- We reserve the right to delete user comments for violations of any of the above conditions, for divisiveness or lack of relevancy, or for any other reason, without prior notice to you and at our sole discretion.
- We reserve the right to change or discontinue any aspect of the Website at any time, for any reason, and without notice to you.
- We reserve the right to suspend or terminate a user’s access to the Website, without prior notice and at our sole discretion.
- This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether conduct violates conduct requirements for the Website.
C. Your Use of Content on the Site
The following restrictions and conditions apply specifically to your use of content on the Website.
- The content on the Website (other than your User Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Bay Rising Content”) is owned by or licensed by Bay Rising or our affiliated organizations. Similarly, the trademarks, service marks and logos contained on the Website are owned or licensed by Bay Rising or our affiliated organizations. Except as otherwise provided in this User Agreement or elsewhere on the website, the Bay Rising Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Bay Rising. We reserve all rights not expressly granted in and to Bay Rising.
- The Website is made available for your personal, non-commercial use only. As part of such use, you may display, download and/or print pages from the site; you may link to the Website; and you may forward Website materials to others for personal, non-commercial uses that are reasonably related to the Website’s purposes.
- You understand that when using the Website, you will be exposed to Bay Rising Content, User Content, and other third-party content from a variety of sources, and that Bay Rising makes no warranty about the accuracy, usefulness, safety, or intellectual property rights of or relating to such Bay Rising Content, User Content, or other third-party content. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bay Rising with respect thereto.
D. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Bay Rising Content or User Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Bay Rising ‘s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- Identification of the copyrighted work claimed to have been infringed;
- 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 Bay Rising to locate the material;
- A statement that you have 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;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;
- Your name, mailing address, telephone number, and e-mail address; and
- A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner.
The Bay Rising designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
For clarity, only DMCA notices should go to the Copyright Agent. Please use the Contact Us page for any other feedback, comments, requests for technical support, or other communications with Bay Rising.
E. Warranty Disclaimer
This website is provided to you “as is.” You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, we and our affiliates, as well as our and our affiliates’ officers, directors, employees, and agents (collectively, the “Bay Rising parties”), disclaim all warranties, express or implied, in connection with the website and your use thereof. The Bay Rising parties cannot and do not warrant the accuracy, completeness, currentness, non-infringement, merchantability or fitness for a particular purpose of the site’s content or the content of any sites linked to this site. Nor do the Bay Rising parties guarantee that the website will be error free, or continuously available, or that the website will be free of viruses or other harmful components. The Bay Rising do not warrant, guarantee, or assume responsibility for any product or services provided, advertised or offered by a third party through the Bay Rising website or any hyperlinked website or featured in any banner or other advertising.
F. Limitation of Liability
In no event shall the Bay Rising parties be liable to you or anyone else for any indirect, incidental, special, punitive, or consequential damages whatsoever, whether or not they are foreseeable, relating to this website, including any damages resulting from any (I) errors, mistakes or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (III) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) interruption or cessation of transmission to or from our website, (V) bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (VI) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Bay Rising is advised of the possibility of such damages. You specifically acknowledge that the Bay Rising parties shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Certain state laws do not allow limitations on or implied warranties or the exclusion or limitation of certain damages. To the extent these laws apply to you, some of the provisions set forth in this agreement may not apply. You agree to indemnify and hold harmless the Bay Rising parties against any and all claims, of whatever nature, that arise out of your use of and access to the Website or your violation of any of this user agreement. This indemnification obligation will survive this user agreement and your use of the Website.
G. Ability to Accept User Agreement
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this User Agreement, and to abide by and comply with this User Agreement. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
You and Bay Rising agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
This User Agreement is made effective as of April 17, 2020.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, applicable laws and regulations and their compliance. If you disagree with any of the stated terms and conditions, you are prohibited from using or accessing this site. The materials contained in this site are secured by relevant copyright and trade mark law.
The materials on Bay Rising site are given “as is”. Bay Rising makes no guarantees, communicated or suggested, and thus renounces and nullifies every single other warranty, including without impediment, inferred guarantees or states of merchantability, fitness for a specific reason, or non-encroachment of licensed property or other infringement of rights. Further, Bay Rising does not warrant or make any representations concerning the precision, likely results, or unwavering quality of the utilization of the materials on its Internet site or generally identifying with such materials or on any destinations connected to this website.
In no occasion should Bay Rising or its suppliers subject for any harms (counting, without constraint, harms for loss of information or benefit, or because of business interference,) emerging out of the utilization or powerlessness to utilize the materials on Bay Rising Internet webpage, regardless of the possibility that Bay Rising approved agent has been told orally or in written of the likelihood of such harm. Since a few purviews don’t permit constraints on inferred guarantees, or impediments of obligation for weighty or coincidental harms, these confinements may not make a difference to you.
4. Amendments and Errata
The materials showing up on Bay Rising site could incorporate typographical, or photographic mistakes. Bay Rising does not warrant that any of the materials on its site are exact, finished, or current. Bay Rising may roll out improvements to the materials contained on its site whenever without notification. Bay Rising does not, then again, make any dedication to update the materials.
Bay Rising has not checked on the majority of the websites or links connected to its website and is not in charge of the substance of any such connected webpage. The incorporation of any connection does not infer support by Bay Rising of the site. Utilization of any such connected site is at the user’s own risk.
Bay Rising may update these terms of utilization for its website whenever without notification. By utilizing this site you are consenting to be bound by the then current form of these Terms and Conditions of Use.
7. Governing Law
Any case identifying complaints with the Bay Rising Website should be administered by the laws of California.