Last Updated: July 28, 2021
A. Collection of Information
1. Information you provide to us
We collect personal informational you provide directly to us. “Personal information” is information that would allow someone to identify or contact users including users’ names, organizations, email addresses, contact information (such as email address, postal address, and phone number), credit card and other payment information (which may be collected directly by a third-party processor), and any other information you choose to provide. We collect personal information when you sign up to receive updates, request information, fill out a form, sign a petition, sign up as a volunteer, sign up for an event, create an account, participate in a contest or promotion, make a donation or purchase, communicate with us via third party social media sites, request support, send us an email, or otherwise communicate with us.
We may offer you the option to sign up for email communications, which may provide updates from us, invitations to events, or periodic newsletters. These communications are entirely voluntary and only serve to enhance our service. Users may limit the collection and use of their personal information by not participating in activities in which we collect personal information. If we send you promotional communications, we will give you opportunities to unsubscribe from these communications. Additionally, users may choose to discontinue the collection, use, and disclosure of their personal information by using the Website by not registering or by discontinuing use of the Website.
2. Automatically collected information
When you access or use our Website, we may automatically collect information about you, including:
Log and Usage Information: We collect information related to your access to and use of the Website, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Website.
Device Information: We collect information about the computer or mobile device you use to access our Website, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
Transactional Information: If you make a donation or purchase, we may collect information about the transaction, such as donation amount, purchase price, product details, and date and location of the transaction.
Location Information: We may derive the approximate location of your device, such as from your IP address.
Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use different technologies to collect information, including cookies and web beacons. Cookies are small pieces of information stored on a user’s hard drive, not on the Website. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that may be used in our Website or emails to help deliver cookies, count visits, and to help us understand usage and program effectiveness. For more information about cookies and how to disable them, see Your Choices below.
3. Information we collect from other sources
We and our service providers may also obtain information about you from other sources and combine that with information we collect about you on our Website.
B. Use of Information
We may use the information we collect to:
- Provide, maintain, support, and improve our Website;
- Provide and deliver the information you request, process donations and transactions, and send you related information, including confirmations and receipts;
- Respond to your emails, comments, questions, and requests and otherwise contact you about your participation in a FBF program and the use of the Website;
- Communicate with you about FBF, such as sending you information to keep you informed about various issues, events, activities, and volunteer opportunities, and provide news and information we think will be of interest to you (see Your Choices below for information about how to opt out of these communications at any time);
- To solicit volunteers, donations, and support for FBF, issues, and organizations that we support and to connect you with other volunteers;
- Monitor and analyze trends, usage, and activities in connection with our Website;
- Personalize the Website and provide advertisements, content, or features based on your preferences, interests, and browsing and online activities;
- Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
- Detect, investigate, and prevent fraudulent transactions and other illegal activities and protect the rights and property of FBF and others; and
- Carry out any other purpose described to you at the time the information was collected.
C. Sharing of Information
- With vendors, service providers, volunteers, and consultants who need access to such information to carry out work on our behalf. For instance, we may use third-party vendors (such as Google Analytics) to analyze how users use our Website. To learn more about how Google uses data when you use our Website, see www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time;
- With organizations, groups, or causes that we believe have similar missions (This category excludes text messaging originator opt-in data and consent; this information will not be shared with any third party organizations, groups, or causes that we believe have similar missions.);
- In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
- When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests, claims, or legal authorities, including responding to lawful subpoenas, warrants, or court orders;
- If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property, and safety of FBF, its employees, volunteers, constituents, or others;
- In connection with, or during negotiations of, any reorganization or formation of a new committee or successor organization, asset sale or transfer, financing or lending transaction, or in any other situation where personal information may be disclosed or transferred as one of the assets of FBF;
- With your consent or at your direction.
We may also share aggregated or de-identified information that cannot reasonably be used by those third parties to identify you.
D. Service providers
We occasionally use independent contractors and third-party agents, affiliates, and partners to conduct marketing, analytics, customer service or other services, on our behalf.
E. Assumption of risk
Although we strive to protect the transmission and storage of any information submitted by visitors to the Website, no transmission and storage of data is completely secure. Your submissions are solely at your risk.
Under no circumstance, to the extent permitted by law, will we be liable for damages resulting from use of information collected from visitors to the Website.
F. Your choices
1. Account Information
You may request that we update, correct, or delete the information you provide to us by emailing us at [email protected]. However, note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
2. Promotional Communications
You may opt out of receiving promotional emails or text messages from FBF by following the instructions in those emails or text messages. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
3. Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
The Website may use standard technology called “cookies.” Cookies are small pieces of information stored on a user’s hard drive, not on the Website. Cookies allow users to log in without re-entering information each time users visit the Website. Cookies help us understand how users in general use the Website, which allows us to continually improve the Website and tailor the user’s experience. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. If cookies are disabled, some parts of the Website may not work properly. Additional information on cookies and how to disable them is provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
The Website may also use web beacons or flash cookies to allow us and our technology providers to analyze usage patterns.
G. Notification of changes
H. California Do Not Track Disclosure
Do Not Track is a privacy setting users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. For information about Do Not Track, visit www.allaboutdnt.org, which includes information on how to turn on Do Not Track in your browser. At this time, the Website does not respond to Do Not Track browser settings or signals.
I. Links to other websites
J. Social sharing features
The Website may offer social sharing features and other integrated tools (such as the Facebook “Like” button, which let you share actions you take on our Website with other media, and vice versa). Your use of such features enables the sharing of information with your friends or the public, depending on your privacy settings for the relevant social media site. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
K. Applicable laws
If you have any questions, contact us.
Fund for a Better Future
555 Capitol Mall, Suite 1095
Sacramento, CA 95814
Last Updated: July 6, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms of service (“Terms’) apply to your access to and use of the websites, mobile sites, and other online offerings (collectively, “Website”) of Climate Power, a project of Fund for a Better Future (collectively, “FBF,” “we,” or “us”) that link to these Terms. By accessing or by using our Website, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Website.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Website or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Website after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Website. We are not responsible for any loss or harm related to your inability to access or use our Website.
If you have any questions about these Terms or our Website, please contact us at [email protected].
B. Consent to Use of Data and Mobile Communication; SMS Program Terms
You consent to our communicating with you about the Website and FBF by SMS, text message, email or other electronic means. Your carrier’s normal messaging, data and other rates and fees will apply to these communications.
If you subscribe to any text programs that FBF makes available, the following terms apply:
C. User Content
Our Website may allow you and other users to create, post, store and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). You may also submit User Content to FBF by other means, including email and text message. Except for the license you grant below, you retain all rights in and to your User Content, as between you and FBF.
By posting, submitting or otherwise providing any User Content to FBF, you grant FBF and its independent contractors, service providers, consultants and joint committee members, a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content with FBF, whether through our Website or otherwise, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others and you release FBF, and anyone acting under its authorization, from any claims that any use of your User Content as authorized herein violates any of your rights, including any rights of publicity or privacy.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
D. Ownership; Limited License
The Website, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by FBF or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Website are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Website for your own personal, noncommercial use. Any use of the Website other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
FBF and our logos, our product or service names, our slogans and the look and feel of the Website are trademarks of FBF and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and FBF names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about FBF or our Website (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in FBF’s sole discretion. You understand that FBF may treat Feedback as nonconfidential.
G. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Website infringes any copyright that you own or control, you may notify FBF’s designated agent as follows:
Fund for a Better Future
555 Capitol Mall, Suite 1095
Sacramento, CA 95814
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website is infringing, you may be liable to FBF for certain costs and damages.
H. Third-party content
We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Website (collectively, “Third-Party Content”). Third-Party Content is provided solely for your convenience. By clicking on the Third-Party Content links, you may be directed away from this Website, and we are not responsible for any content, materials, or other information located on or accessible from any other web address. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. FBF does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
I. Website access and restrictions on use
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Website or otherwise provide to FBF, and you are solely responsible for your conduct while using our Website. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and FBF;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Website;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Website, except as expressly permitted by us or our licensors;
- Modify our Website, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Website;
- Use our Website other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website or that could damage, disable, overburden or impair the functioning of our Website in any manner;
- Reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Website;
- Develop or use any applications that interact with our Website without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- You may also post, submit, or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, submit, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with any person or entity;
- Contains any unsolicited promotions, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Website, or may expose FBF or others to any harm or liability of any type.
Enforcement of this Section is solely at FBF’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules.
Your use of this Website is at your sole risk. Any content and services provided on or through this Website are provided “as is” and without any warranties of any kind, including warranties of fitness for a particular purpose, merchantability, or noninfringement of intellectual property. We do not warrant the accuracy or completeness of any information, materials, or services provided on or through this Website, to the extent permitted by law. While FBF attempts to make your use of our Website safe, we cannot and do not represent or warrant that our Website or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Website.
K. Limitations of liability
To the fullest extent permitted by applicable law, we do not assume any responsibility, and will not be liable, for any damages to your electronic equipment used to access, browse, or download materials from this this Website, including viruses. Continuous, uninterrupted, or secure access to our Website is not guaranteed, and operation of the Website may be impacted by a variety of external factors beyond our control.
Under no circumstance will we, or any of our officers, directors, trustees, employees, attorneys, agents, sponsors, successors, and/or assigns, nor any party involved in the creation or transmission of this Website (collectively, “FBF-Related Parties”), be liable to you under any theory of liability for any indirect, special, punitive, incidental or consequential damages, such as lost profits, lost data or business interruption, arising out of or resulting from the use or inability to use this Website, any linked websites, or any materials, information, or services found on any or all such websites, whether based on contract, tort, warranty or any other legal theory, regardless of being advised of the potential for such damages, to the extent permitted by law.
The total liability of FBF and FBF-Related Parties for any claim arising out of or relating to these Terms or our Website, regardless of the form of the action, is limited to $5.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless FBF our officers, directors, trustees, employees, attorneys, agents, sponsors, successors, and/or assigns (collectively, the “Indemnified Parties”), from and against all losses, expenses, damages, demands, claims, liabilities, and costs, including reasonable attorneys’ fees, arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Website. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.