1. Business Membership Accounts:
When you apply a business membership account, you will be required answer series of five (5) questions that will help us determine you eligibility to have your business included in our business database. You will be notified via email in a timely manner, usually within 24-48 hours, if your application has been approved or not. If your application is not approved you can appeal by emailing us at firstname.lastname@example.org. When you create a business membership account you will need to provide the following information: your name, business name, business address, business phone number and e-mail address. If your application for business membership is approved you will receive a user and password via email. You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your account and/or user name, whether or not authorized by you. You must notify Independent We Stand immediately of any breach of security or unauthorized use of your account. Although Independent We Stand will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Independent We Stand or others due to such unauthorized use. We reserve the right to (i) discontinue any aspect of the Independent We Stand Media at any time, (ii) terminate your business membership account and access to any specific content, services, products or events, and/or (iii) remove your business membership profile if Independent We Stand learns that you have provided false or misleading information.
If you own a business and find that your business is listed within Independent We Stand’s search results and you do not wish to have your business listed, please email us at email@example.com and it will be removed.
3. Consumer Pledge Accounts:
When you take the Independent We Stand Consumer Pledge to buy local, we require that provide your full name, email and zip code. You will also be given the opportunity to opt-in to consumer oriented e-newsletter that is published on a periodic basis.
4. Acknowledgement of Proprietary Rights:
The materials published on Independent We Stand Media, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (which we call the “Content”), are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the United States or other countries. You acquire no rights or licenses to the Content other than the limited rights to use it in accordance with these terms, and you agree to abide by all posted copyright notices or restrictions relating to the Content. The Content may not be downloaded, copied or modified except for such personal, noncommercial use as may be authorized by license or by fair use or other provisions of copyright law.
Trademarks: Independent We Stand’s trademarks — its name and design — (the Trademarks) are used to identify Independent We Stand and its activities. You cannot use the Independent We Stand logo or artwork without written permission, and only Independent We Stand can grant authorization for use of the logo and artwork. For written permission please contact firstname.lastname@example.org.
Unauthorized Use; Misuse: Your misuse or unauthorized use of any of the Content or the Trademarks is strictly prohibited. You are hereby advised that Independent We Stand is prepared to aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. Independent We Stand will take such steps as are required by law or otherwise reasonable and necessary to resolve any complaint from a third party alleging that such party’s intellectual property rights have been infringed by material in the Independent We Stand Media. If you believe that any material in the Independent We Stand Media violates your copyright or that of a party for whom you are authorized to speak, please see Copyright Infringement Notification.
5. General Use of the Site – Permissions and Restrictions:
When using Independent We Stand Media, you are responsible for your use of Independent We Stand Media. You agree not to access, copy or otherwise use Independent We Stand, including our intellectual property trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Independent We Stand LLC. You agree not us Independent We Stand:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site and App may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our services, but Independent We Stand reserves the right to suspend or terminate any account at any time without notice or explanation.
6. Communications and Submissions:
YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT CONTENT THAT (I) IS DEFAMATORY, LIBELOUS, MISLEADING, OFFENSIVE, INDECENT OR OBJECTIONABLE, OR (II) OTHERWISE INFRINGES UPON ANOTHER’S INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, INCLUDING, WITHOUT LIMITATION, ANY RIGHTS UNDER THE LAWS PERTAINING TO COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, PRIVACY AND/OR PUBLICITY.
You may remove your User Submission at any time by notifying us at email@example.com that you would like you like your business membership account deleted.
7. Independent We Stand Disclaimer of Liability for User Submissions and Content:
When using the Independent We Stand Media, you will be exposed to User Submissions from a variety of sources. Independent We Stand is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 Independent We Stand with respect thereto, and agree to indemnify and hold Independent We Stand and its affiliates, and/ their officers, directors, members, employees and agents, or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Independent We Stand does not endorse any User Submission or any comments or other content contained therein or associated therewith, and Independent We Stand expressly disclaims any and all liability in connection with User Submissions.
Independent We Stand reserves the right to remove User Submissions without prior notice. Independent We Stand will take such steps as are required by law or otherwise reasonable and necessary to resolve any complaint from a third party alleging that such party’s intellectual property rights have been infringed by a User Submission or other Content.
Independent We Stand does not represent or warrant that the Independent We Stand Media are appropriate for use in any particular jurisdiction. Users access the Independent We Stand Media on their own initiative and are responsible for complying with all laws, rules and regulations applicable in their jurisdiction.
8. Account Termination Policy:
Independent We Stand retains the right, at its sole discretion, at any time and for any reason (with or without cause and with or without notice) to terminate or suspend your business membership account or pledge profile or your ability to access any part of the Independent We Stand Media.
10. No Warranty; Limitation on Liability
YOU EXPRESSLY AGREE THAT THE USE OF THE INDEPENDENT WE STAND MEDIA IS AT YOUR OWN RISK. INDEPENDENT WE STAND MEDIA ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT INDEPENDENT WE STAND DOES NOT WARRANT THAT THE INDEPENDENT WE STAND MEDIA WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION OR THAT USE OF AN APPLICATION WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE MOBILE DEVICE(S) ON WHICH THE APPLICATION IS DOWNLOADED OR INSTALLED OR THE NETWORK OF WHICH SUCH MOBILE DEVICE(S) ARE A PART.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
It is your responsibility to ensure that your computer or mobile device meets all necessary technical specifications to enable you to access and use the Independent We Stand Media.
You understand and agree that Independent We Stand does not warrant or represent and expressly disclaims any warranties or representations (a) that the Content, including the User Submissions, are accurate, complete, free from viruses or free from infringement, (b) that the Independent We Stand Media will operate correctly or without interruption, error or defect, or (c) that your use of the Independent We Stand Media or your participation in Independent We Stand Media activities will not infringe on the rights of third parties.
You further understand and agree that neither Independent We Stand LLC nor its affiliates, nor their members, officers directors, employees or agents will be liable to you or any third party for any liabilities, damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise which you or such third party may incur as a result of your use of the Independent We Stand Media, including, without limitation, your violation of a third party intellectual property right based on your use of the Independent We Stand Media.
Without limiting the foregoing, you understand and agree that neither Independent We Stand nor its affiliates nor their members, officers, directors, employees or agents are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Independent We Stand Media or your account.
11. Software Licenses:
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Independent We Stand Media (“Software”). You may not sublicense, assign or transfer any licenses granted by Independent We Stand, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works from the Software.
13. Additional Terms:
14. Eventful Content: THE EVENTFUL CONTENT PROVIDED ON THE INDEPENDENT WE STAND MOBILE APP IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
15. Miscellaneous Provisions:
Effective March 7, 2014. Last Updated March 8, 2014
A portion of the Site is restricted to participants in the Independent We Stand Educational Program. Additional and alternative terms and conditions and privacy terms apply to that portion of the Site under agreements relating specifically to the Independent We Stand Educational Program.
1. The Types of Information We Collect:
“Business Profile Information” is any information that can be used to identify a specific business. Independent We Stand collects and stores any Business Profile Information you enter into the Independent We Stand Media or provide to us in some other manner. Such Business Profile Information may include, without limitation, your name, business name, email address, business address, business phone number and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information).
“Personally Information” is any information that can be used to identify a specific “individual. Independent We Stand collects and stores any Personal Information you enter into the Independent We Stand Media or provide to us in some other manner. Such Personal Information may include, without limitation, your name, email address, home address, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information).
Aggregate and Anonymous Data:
In addition, we may use a service that collects data remotely by using so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) embedded in website content. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to site visitors and may be associated with cookies on the visitors’ hard drives. This information is AA Data.
3. Our Use of The Information We Collect From You:
Business Profile Information:
We will use your Business Profile Information, to enable you to use the features of the Independent We Stand Media. We may also use your Business Profile Information to provide you with information about features, services and other offerings that may be of interest to you, and to verify your eligibility in connection with contests and sweepstakes. We may use financial information or payment methods to process payment for any purchases or sales made through the Independent We Stand Media, or to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
We will use your Personal Information, to enable you to use the features of the Independent We Stand Media. We may also use your Personal Information to provide you with information about features, services and other offerings that may be of interest to you, and to verify your eligibility in connection with contests and sweepstakes. We may use financial information or payment methods to process payment for any purchases or sales made through the Independent We Stand Media, or to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business
Publicly Viewable Business Profile Information: When you upload Business Profile content on to the Independent We Stand Media, that content except for the business owner’s name and the business owner’s contact email will be publically visible. This information is displayed publically to help consumers find and support your business.
We may also use Business Profile Information and Personal Information in aggregate form for purposes of research or analysis. Although this aggregated data may be based in part on Business Profile Information and Personal Information, it does not identify you personally. We may share this type of AA Data with a variety of third parties, including Independent We Stand affiliates, agents, research partners and current and prospective business partners. We may use AA Data collected from the Service for administration, advertising and promotional purposes, and we may share such information with various affiliated and unaffiliated entities for such purposes.
4. Sharing Your Personal Information:
We want you to understand when and with whom we may share your Business Profile Information and/or Personal Information.
Sharing Your Business Profile Information and/or Personal Information with Others:
We may disclose your Business Profile Information and/or Personal Information to third parties without informing you in connection with the following:
-Business-related Functions: Independent We Stand, like many businesses, may hire other companies to perform certain business-related functions or services on our behalf such as hosting specific portions of the Independent We Stand Media, maintaining databases, administering contests, mailing information or processing payments. When we employ a third party to perform these functions, that third party will be provided with the particular Business Profile Information and/or Personal Information it needs to perform its function. We require such third party service providers to keep the Business Profile and Personal Information confidential.
-Promotional Offers: We may also share Business Profile Information and/or Personal Information with pre-screened third parties for their marketing or promotional purposes. We will provide you with an opportunity to elect or decline these services or opportunities (see “Your Choices” below). In the event you have elected to opt-out from any of our services, we will share your Business Profile Information and/or Personal Information with third parties with whom we jointly offer such services solely to the extent necessary to ensure that your request not to receive such communications is honored. In addition, for third-party sponsored sweepstakes, contests or promotions, we may request Personal Information from you that, if provided, may be shared with the sponsor upon request.
In addition, we may disclose Business Profile Information and/or Personal Information without providing you with the ability to opt out under the following limited circumstances; to (1) protect the legal rights, privacy or safety of Independent We Stand LLC or its affiliates and their members, officers, directors, employees and agents; (2) protect the safety and security of other users of the Independent We Stand Media; (3) protect against fraud or other illegal activity or for risk management purposes; (4) respond to inquiries or requests from public authorities; (5) permit us to pursue available remedies or limit the damages that we may sustain; (6) enforce our Policies; or (7) comply with the law or legal process.
5. Third-Party Advertising and Links to Other Sites:
6. Your Choices:
If you have previously provided Contact Information and/or Business Profile information to Independent We Stand Media and are receiving emails or other communications from us and you do not want to continue receiving such emails, please notify us by selecting the “unsubscribe” link at the bottom of any email message or contacting us at firstname.lastname@example.org. If you ask that we stop using your Contact Information, we will take reasonable steps to honor that request on a prospective basis. However, as a result, you may not be able to continue to utilize some or all of the features of the Independent We Stand Media.
If you have a business account membership account with Independent We Stand Media, you have the ability to review, change or update your Business Profile Information and preferences at any time by accessing your “Edit Business Profile” page, or contacting us at: email@example.com.
7. Submitting Content to Independent We Stand:
8. Our Commitment to Data Security:
We take reasonable security precautions to secure the Business and Personal Information that you choose to provide against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties, not under the control of Independent We Stand, to intercept or access transmissions or private communications unlawfully. While we strive to protect your Business and Personal Information, we cannot ensure or warrant the security of any Personal Information you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please notify us of the problem by contacting us at firstname.lastname@example.org. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at the above email address.
9. Contacting Independent We Stand Regarding Your Privacy:
Effective March 7, 2014. Last Updated December 17, 2015