Terms of Service - Anti-Human Trafficking Intelligence Initiative

TERMS OF SERVICE

These Terms of Service (“Terms”) apply to your use of the websites, webinars, subscription intel reports, or events (“Services”) provided by Anti-Human Trafficking Intelligence Initiative (“Company,” “we,” “us” or “our”). Please read these Terms carefully and in their entirety, as they include important information about your legal rights, remedies, and obligations.

By accessing and using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services. If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict. These Terms control the relationship between Company and you. They do not create any third-party beneficiary rights.

We may operate additional programs or services which require separate or additional terms. In such cases, you agree to be further bound by the terms specific to the additional program or service, and such terms shall control to the extent there is a conflict with these Terms.

OWNERSHIP

The Services and all of the Content (defined next) are owned by us, our licensees, or our licensors. Your use of the Services does not grant you any right to this content. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services (including past, present and future versions of the Services), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; trademarks and logos; any and all copyrightable material (including source and object code); the "look and feel" of the Services (collectively, the "Content") is owned, controlled or licensed by us, our subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by us, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Content not expressly granted to you under these Terms are hereby reserved.

The Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of Company, unless and except as is expressly provided in these Terms. Any other use of the Content without the prior written authorization of us is strictly prohibited.

USER CONDUCT AND RESPONSIBILITIES

To sign up for this service – you must have a financial institution, law enforcement, .org, .edu, or .gov email address

**For official use only – do not:

Upload, post, email, or otherwise transmit any material outside of your organization that contains ATII’s Human Trafficking & Child Exploitation Risk Intelligence Briefings for Financial Institutions
Upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships
Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any intelligence received by the Services
Make any statements, express or implied, that you are endorsed by Company without our specific prior written consent
Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties
Upload, post, submit, publish, transmit or display in connection with the Services any information or material that threatens or abuses others, libels, defames, invades privacy, is false, discriminatory, hateful, harassing, or offensive, or otherwise injurious or objectionable
Assist any third party in engaging in any activity prohibited by these Terms

You are solely responsible for your conduct and any data that you submit, post, transmit, or display on or through the Services. We reserve the right to remove, block, and/or monitor, without notice, any visitor that we consider, for any reason, to violate these Terms or to be outside the subject scope of the Services. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate these Terms, we may take any action we deem necessary to cure or prevent the violation.

RESPONSIBLE DISCLOSURE

We allow and encourage reporting and disclosure of vulnerabilities discovered by external entities and anonymous reporting of information security policy violations by internal entities. This section applies to our core platform, information security infrastructure, and the Service and to its employees, contractors, vendors or other third parties.

If you discover loss of life or jeopardy to human life, alert your local Law Enforcement ASAP, otherwise file a SAR if needed.

USE OF INFORMATION

Each of the subscribers agree that it will only use ATII’s Human Trafficking & Child Exploitation Risk Services information for the Purpose noted above. The recipient agrees not to modify, create derivatives, or alter any Subscription Information unless expressly authorized hereunder, and that it may not use Subscription Information for any other purpose, including without limitation, any attempt by way of reverse engineering, decoding, decompiling, disassembling, or anything else that is intended to discover or understand the disclosing party's technology.

Each of the subscribers agree that it will not use, disseminate, or disclose such Subscription Information to any third party except as expressly permitted herein. Each of the subscribers agree that they may disclose the Subscription Information of the other party only to those of its employees, volunteers, officers, directors, consultants (including legal and accounting professionals), agents or regulators (“Representatives”) who need to know such information to properly pursue the Purpose and who have previously agreed, either as a condition to employment or volunteer role, or in order to obtain the Subscription Information, to keep such information strictly confidential at all times and in such manner as if such person had signed a similar mutual non-disclosure / non-promotion agreement. Each party shall be fully liable for and shall indemnify and save harmless the other party against any breach of this Agreement by its Representatives and agrees, at its sole expense, to take all reasonable measures to restrain its Representatives from prohibited or unauthorized disclosure or use of the Subscription Information of the other party.

Each of the subscribers agree that it shall treat all Subscription Information of the other party with the same degree of care as it accords to its own Confidential Information, and each of the parties represent that it exercises reasonable care to protect its own Confidential Information.

No license under any patents, copyright, proprietary or other intellectual property right is granted or implied by one party providing to the other their Subscription Information hereunder, and each party acknowledges and agrees that the Subscription Information disclosed to them by the other party pursuant to this Agreement is and shall remain the property of such disclosing party.

DESTRUCTION OF CONFIDENTIAL INFORMATION

Each party shall, upon request by the other party, destroy all materials containing the Confidential Information received hereunder, together with any copies thereof. Upon request, the recipient shall also, within ten days of a written request by the disclosing party, confirm in writing that it has satisfied its obligations under this section.

TESTING, FEEDBACK & DERIVATIVES

Where a party provides comments, suggestions or other feedback, including without of any testing or other evaluation (collectively "Feedback") to the other party in respect of that other party's technology or Subscription Information, the party receiving such Feedback shall be free to use, disclose, reproduce, license or otherwise distribute or exploit, in whole or in part, the Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. Neither party shall provide any Feedback to the other which is subject to license or other terms which are inconsistent with the provisions of this Agreement.

REPRESENTATIONS & FURTHER DISCUSSIONS

Neither party makes any representation or warranty, as to the accuracy or completeness of their Subscription Information. The parties agree that neither will have any responsibility to the other relating to or arising from use of the Subscription Information of the other, except as may be specifically provided in any agreement that may be executed by them. Neither party shall be responsible for updating or keeping current their Subscription Information. Neither party shall have any obligation hereunder to commence or continue discussions or negotiations of any kind nor to reach or execute any agreement. No party shall have any liability to the other party in the event that, for any reason whatsoever, no such formal written agreement is executed, except as set out herein.

BREACH

Each party understands and agrees that compliance with this Agreement is necessary to protect the Subscription Information and the economic position of the parties and that a breach or a threatened breach by the other party (the "Breaching Party") of any of the provisions of this Agreement, shall result in the other party (the "Non-Breaching Party), in addition to and not in limitation of any other rights, remedies or damages available to it at law or in equity, being entitled to an injunction in order to prevent or to restrain any such breach or threatened breach by the Breaching Party, or by any of the Breaching Party's Representatives, or any and all persons directly or indirectly acting for or on behalf of the Breaching Party. The parties agree that the disclosure of the Subscription Information of the Non-Breaching Party could cause irreparable harm to the Non-Breaching party and that the amount of which would be difficult to ascertain. Accordingly, it is understood and agreed that monetary damages would not be a sufficient remedy for a breach of this Agreement and that specific performance and injunctive relief shall be appropriate remedies for such breach or any threat of such breach.

PRIVACY

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Policy.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON THE SERVICES, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE SERVICES INCLUDING COMPUTER VIRUSES). TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “COMPANY PARTIES”) PROVIDE THE SERVICES, INCLUDING WITHOUT LIMITATION, THE COMPANY MATERIALS, “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES.

NO INFORMATION PROVIDED VIA THE SERVICES SHALL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, ACCURACY, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES; (ii) THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (iii) THAT THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS; (iv) AS TO THE QUALITY OR VALUE OF ANY OF COMPANY’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE SERVICES; (v) THAT ANY ERRORS PERTAINING TO THE SERVICES WILL BE CORRECTED. ADDITIONALLY, NO REPRESENTATION, WARRANTY, GUARANTEE OR ASSURANCE IS OR SHALL BE DEEMED GIVEN WITH RESPECT TO THE DETECTION, ANALYSIS, REPORTING OR ACCURACY OF THEREOF WITH RESPECT TO ANY INFORMATION SUBMITTED TO OR PROVIDED VIA THE SERVICES.

THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (F) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).

IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING THE PRECEDING YEAR.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

Company reserves the right, at any time, in Company’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Services, or any part thereof, and/or your use of or access to them, with or without notice. Company shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information.

INDEMNIFICATION

You (and any third party on whose behalf you use the Services) agree to indemnify, defend, and hold harmless the Company Parties from any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the following (whether resulting from your activities on the Services or those conducted on your behalf): (i) your access to or use of the Services; (ii) your breach or alleged breach of these Terms; or (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. You agree that the Company Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Company Parties in connection therewith. You will cooperate as fully required by Company in the defense of any claim. The Company Parties reserve the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify the Company Parties. You shall not settle any claim without the prior written consent of Company.

DISPUTE RESOLUTION

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.

Informal Process. You agree that in the event of any dispute between you and Company, you will first contact Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

Agreement to Arbitrate. After the informal dispute resolution process, any remaining dispute, controversy or claim (collectively, “Dispute”) relating in any way to these Terms or Company’s services and/or products, including but not limited to the Services, or relating in any way to the communications between you and Company or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies to you and to Company. However, this arbitration agreement does not (a) govern any Dispute by Company for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms, or (b) bar you from making use of applicable small claims court procedures in appropriate cases.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to aaron@followmoneyfightslavery.org

ARBITRATION PROCEDURE AND RULES

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, including all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be North Carolina, and the language of the arbitration shall be English.

You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall be exclusively responsible for paying its own arbitration filing fees, which may later be allocated by the arbitrator as set forth below.

The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth above, shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs, to proceed ex aequo et bono, or to exercise rights of iura novit curia. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH COMPANY MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM WILL BE PERMANENTLY BARRED.

CONSENT TO COMMUNICATIONS

By providing us with your contact information and using the Services, you agree to receive communications via email and/or social media from or on behalf of Company. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

BUSINESS USES

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Company and its affiliates, officers, directors, employees, agents and contractors from any demands, claims, suits, actions, damages, liabilities, expenses or harms arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

GOVERNING LAW

These Terms shall be governed by and construed and enforced in accordance with the laws of the State of North Carolina, without regard to its principles of conflicts of laws.

NO THIRD-PARTY RIGHTS

Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Company, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and Company and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Company, and our successors and assigns.

FORCE MAJEURE

We will not be deemed to be in breach of these Terms or liable for any breach of these Terms due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.

NO WAIVER; ASSIGNMENT RIGHTS

Company’s failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance. We may assign these Terms at any time without notice to you. You may not assign to anyone else and any attempt by you to assign shall be void. If you do not comply with these Terms, and we do not act right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If any provision of these Terms is held invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.

MODIFICATION

We reserve the right to change these Terms from time to time. When we do, we will also revise the “Last Updated” date at the top. We encourage you to periodically review these Terms, so you are aware of any revisions to which you are bound.

CONTACT US

If you have any questions, comments or concerns regarding these Terms, please contact us at: aaron@followmoneyfightslavery.org