Last Updated: October 14, 2019
Welcome to the Businesses Ending Slavery and Trafficking (BEST) website (https://www.bestalliance.org) and/or Training Center website (https://www.best-training.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 Service (“you” or “your”), and BEST regarding your access and use of the Site, related BEST products, services, and other materials (“Products”), and all related webpages, materials, information, photos, or documentation associated with the Site and Products (all collectively, the “Service”). Your access to and use of the Service is conditioned upon your acceptance of these Terms and any additional terms that may be provided or presented to you when you use certain features of the Service, all of which are incorporated into these Terms by this reference. Please review these Terms carefully. BY CLICKING “I AGREE”, MAKING A PURCHASE THROUGH THE SERVICE, REGISTERING FOR AN ACCOUNT, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SERVICE, PURCHASE OR USE PRODUCTS, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS.
If you have any questions about these Terms, please contact us at info@bestalliance.org.
1. Privacy Policy
In addition to these Terms, please review our Privacy Policy, which can be viewed at http://bestalliance.org/privacy. The Privacy Policy describes how we collect and handle any information gathered from users of the Service. You acknowledge and agree that by accessing, browsing, or using the Service, you expressly consent to the collection, use, storage, and disclosure of your information, including personal information, in accordance with our Privacy Policy.
2. General; Account Creation; Content
The Service may be used as an information source, to make donations, or to purchase Products. You may access, browse, or use the Service without creating a Training Center account (“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. You agree to accept responsibility for all activities that occur through use of your Account and information, data, or other materials (“Content”) you upload, post, transmit, or otherwise make accessible through the Service, 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.
3. Employers Alliance
You may be eligible to join our Employers Alliance. Only we may enable you to join our Employers Alliance. For more information, please contact us at info@bestalliance.org.
To join the Employers Alliance, you may be required to complete the Employers Alliance Self-Assessment (“Self-Assessment”), which will help you assess your organization’s current practices and 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.
4. Translations
Products may be made available in English and languages other than English. Translations of the Products may be prepared by third-party translators. To report a translation error, please contact us at info@bestalliance.org.
5. Training Center
You may register and create an Account for our Training Center (https://www.best-training.org) (“Training Center User”). As a Training Center User, you may have the ability to purchase or access additional Products not available to other users. If you register for an Account, you must provide us with your current, complete, and accurate information, including, but not limited to, name, email address, and password selected by you. Your username and password may only be used by you, and you are responsible for keeping your account information confidential.
6. Purchasing Products
You are not required to create an Account to purchase Products through the Service, but an Account is required to purchase Products through our Training Center Site. 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 use of the Service, 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 are using the Service 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 Service and to refuse any and all current or future use of the Service or any portion of the Service by you, for any reason at any time.
7. Donations
You may make donations through the Service 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.
8. Copyright
BEST owns or licenses all rights, title, and interest in the Service, including the Products made available through the Service or provided by us, and all related 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 and content. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our “Copyright Infringement – Notification Procedures” below.
9. Copyright Infringement – Notification Procedures
If you believe that your work has been used on our Service 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
1201 1st Ave S #321
Seattle, WA 98134
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; and (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 Service is infringing, we suggest that you contact an attorney prior to sending notice.
10. Permitted Distribution
You may not copy or distribute any part of the Service, including the BEST Practices, Self-Assessment, training videos, or other Products, without our express prior written permission. You agree not to alter any copyright or other notices that appear on the Service, including on such Products, and to display the following copyright notice on all copies (if one is not included) of Products: Copyright © [insert year] Businesses Ending Slavery & Trafficking. Permission to copy or distribute any Products available through the Service or us that are owned or copyrighted by others must be obtained from the third party that owns such content. BEST reserves all rights not expressly granted to you.
11. User Comments and Guidelines
You may be permitted to post or make available Content through the Service, such as user comments in response to articles. This function is designed to provide a forum for sharing user opinions and information regarding the Service. All Content reflects the views of the individual contributors and does not reflect the views of BEST. BEST takes no responsibility and assumes no liability for any Content posted by you or any third party. You acknowledge and agree you are responsible for all Content you upload or otherwise provide to us or through the Service. Because Content made available through our Service 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 Content that is offensive, repetitive, or act as advertisements.
12. Links to Other Websites
The Service may contain 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.
13. BEST Newsletter; Email Address Submission
The Service 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. Please see our Privacy Policy for more information.
14. Service Availability and Support
You may access the Service if and when it is available. We do not guarantee availability of the Service. The Service 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 Service at any time and without notice. We have no obligation to provide support in relation to the Service.
15. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK; (B) THE SERVICE IS PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU; AND (C) WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE: (I) WILL MEET YOUR NEEDS OR EXPECTATIONS; (II) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (III) WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (IV) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, NOR DO WE WARRANT THAT ANY DEFECTS OR ERRORS ON THE SERVICE WILL BE CORRECTED.
WE ARE NOT PROVIDING LEGAL ADVICE AND YOU SHOULD NOT RELY ON ANY INFORMATION WE PROVIDE WITHOUT CONSULTING AN ATTORNEY.
16. 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 SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. 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 15 OR 16, 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 SERVICE OR THESE TERMS SHALL BE LIMITED TO FIVE DOLLARS ($5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE MAY INVOLVE RISKS THAT COULD RESULT IN BODILY INJURY OR DEATH, INCLUDING, BUT NOT LIMITED TO, RISKS THAT MAY ARISE FROM THE ACTS OF OTHERS AND OTHER RISKS BEYOND THE CONTROL OF BEST. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS BEST AND ITS DIRECTORS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION FOR BODILY INJURY, WRONGFUL DEATH, OR OTHER CLAIMS ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE. THE LIMITATION OF LIABILITY SET OUT IN THIS SECTION 17 DOES NOT APPLY TO LIABILITY RESULTING FROM BEST’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
18. Independent Remedies
The exclusion of damages under Section 16 is independent of your exclusive remedy in Section 17 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 15, 16, and 17 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.
19. 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, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees), relating to, arising from, or allegedly arising from: (a) your access or use of the Service; (b) any act, omission, negligence, or misconduct by you; (c) any violation by you of these Terms; or (d) your violation of any other party’s rights or applicable law. BEST reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will fully corporate with BEST in asserting any available defenses.
20. Notices
We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Service or by sending notice to any email address you provide to us. You agree to send notices to us by emailing them to info@bestalliance.org.
21. Termination
We reserve the right to terminate the Service and your access to the Service without notice for any reason, including for your violation of these Terms or our Privacy Policy. Sections 8, 10, 11, and 14-24 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.
22. 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 through the Service, sending you an email, or by other reasonable means. You can review the most current Terms at any time at https://www.bestalliance.org/ttc.html. When we change these Terms, we may require you to accept the updated Terms to continue using the Service. If you do not accept the updated Terms, you may continue using the Service under the Terms you previously accepted; however, certain parts of the Service may not be available to you. The updated Terms are binding on you on the effective date indicated at the top of these Terms.
23. Governing Law and Exclusive Jurisdiction and Venue
These Terms and your use of the Service is governed exclusively by the laws of the State of Washington applicable to contracts made and performed there, without regard to its conflicts of law principles. You hereby expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms or the Service will reside exclusively in the State and Federal Courts of King County, Washington.
24. 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, under these Terms without our prior written consent. 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 your access and use of the Service. 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 SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
25. Comments and Questions
If you have any questions, comments, or concerns about these Terms or the Service, 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.
