Terms of Use

Welcome to the Action Builder Organizing Toolset (the “Services”) provided by Action Squared (“we”, “us”, “our”, "Action Squared”). If you have any questions, comments or concerns regarding these Master Terms or our Services, please contact us at  [e-mail].

1. Statement of Purpose
1. Action Squared builds infrastructure for the progressive movement using a sustainable, cooperative model grounded in respect, shared ownership and transparency, motivated by building progressive power rather than profit.
2. Our purpose excludes use of the Services by any corporation, association, organization, or other person (collectively, an “entity”) (a) that opposes the unionization of workers in any context, including but not limited to its own workforce (whether or not such workforce is covered by the protections of the National Labor Relations Act  (the “NLRA”) and whether or not they are deemed “independent contractors,” “employees,” or any other categorization); for the avoidance of doubt, this provision is not intended to preclude licensing to an entity that is an employer of unionized workers and that exercises its established rights under the NLRA or other applicable labor laws in the resolution of a contract dispute; (b) that advocates in federal, state, or local bodies for anti-worker policies such as “right-to-work” legislation, referenda, or other measures; (c) for any use that opposes or diminishes in a material respect the rights or ability of working people to form unions and bargain collectively with their employers; (d) for any use that seeks to interfere with a union’s established collective bargaining relationship with an employee that has either been recognized by the employer or has been certified by the National Labor Relations Board or other federal or state agency as the collective bargaining representative for the employee; and (e) for any use supporting or opposing the candidacy of a person or slate of persons for any elected office in a union, labor federation, or other labor organization.
2. Agreement; Structure of Our Terms and Conditions
   
   
1. These Master Terms of Service, and any applicable Additional Terms referenced below (together, the “Master Terms”), contain the terms and conditions that apply to use of our Services.  By clicking the “I Accept” box, you indicate that these Master Terms constitute a binding agreement between us and you (referred to herein as “you” or “your”), an authorized user pursuant to an agreement between your organization and Action Squared and that you have read and understood the following terms, including those in our Privacy Policy. 

1. Additional Documents. The following additional policy documents, as described herein, are also incorporated by reference in these Master Terms:
   
   
• Privacy Policy
• Acceptable Use Policy
  
  
1. Changes to Services and Master Terms
   
   
1. We may change these Master Terms at any time in our sole discretion without notice to you by posting revised Master Terms on the Services, and your continued use of the Services following the posting of those changes will confirm your acceptance of them. Therefore, you should review the Master Terms from time to time to understand the terms and conditions that apply to your access to and use of the Services. If you do not agree to the amended terms, you must stop using the Services.
2. Except for changes by us as described here, no other amendment or modification of these Master Terms will be effective unless in writing and signed by both you and us.
   
   
2. Privacy
   
   
1. Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.
   
   
3. Basics of Using the Services
   
   
1. In order to use our Services, you will be required to select a password and username (“Login Credentials”). 
2. You must follow all applicable laws in your use of the Services. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. We may suspend or terminate your use of the Services if you do not follow our Master Terms. 
3. You understand that we own the Services. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in the Master Terms) creative derivative works based on, or otherwise exploit any of the Services. 
4. These Master Terms grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Services, subject to your compliance with the Master Terms. We may terminate this license at any time for violation of our terms and policies.
   
   
4. User Accounts.
   
   
1. You agree to (i) provide truthful and accurate registration information as requested by us; (ii) promptly inform us of any changes to your registration information, including, but not limited to, your address and email address; (iii) take all reasonable precautions to safeguard access to your password and to prevent unauthorized access to or use of the Services; (iv) promptly report to us any unauthorized use of your login information or the Services of which you become aware; and, (v) ensure that you log out from the Services at the end of each session.
2. You are responsible for keeping your Login Credentials confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your information. 

1. Data Security
   
   
1. We take data security and privacy very seriously. We take reasonable precautions to protect the security of your information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes, or fail to follow policies. Therefore, while we use reasonable efforts to protect your information, we cannot guarantee its security. You are responsible for the security of your personal information. 
2. You understand and agree that we may disclose your information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request, or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) enforce our Master Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) exercise or protect the rights, property, or personal safety of Action Squared, our users or others.
   
   
2. Intellectual Property Rights
   
   
1. Ownership of all intellectual property and other rights in the Services and our website, including, but not limited to, the software, design, layout, content, links, and the like shall remain with us and our licensors, developers, and partners, as applicable. All content is protected by copyright and is owned by us or used with permission. We reserve all rights not specifically granted in these Master Terms.
2. Our name, the names of our Services, and our logos, as well as all other trademarks we use, are trademarks or registered trademarks of Action Squared or its affiliates. Other than as specifically provided herein, you may not use our trademarks in any other way, including, but not limited to, that our trademarks may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the content for our website may be retransmitted without our express written consent.
3. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Services Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark laws, information, and restrictions contained in any Services Content that you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Services Content not owned by you, (i) without the prior consent of the owner of that Services Content or (ii) in a way that violates our or any third party’s rights.
   
3. Acceptable Use

1. In addition to the general restrictions contained above, your use of our Services is subject to our Acceptable Use Policy of Action Builder (LINK) 
2. We have the right, but not the obligation, in our sole and absolute discretion, and without giving you any prior notice, to remove any content that we determine:
• Violates these MasterTerms and/or the Acceptable Use Policy
• We are required by law or court order to remove; or
• We have been requested to remove by the user or other source which provided such content.
3. We also have the right, but not the obligation, to take any of the following actions in our sole and absolute discretion at any time and for any reason without giving you any prior notice:
• Restrict, suspend, or terminate your access to all or any part of the Services;
• Change, suspend, or discontinue all or any part of the Services;
• Refuse, move, or remove any material that you submit to the Services; or
• You agree that we will not be liable to you or any third party for taking or not taking any of these actions.
1. Data Storage

1. You agree that we have permission to download your Data that you upload to the Service and store such Data on our (or our service provider’s) servers if we reasonably deem it necessary in order to assist you in responding to a customer service request, responding to a distributed denial of service attack (DDOS), to preserve your Data, etc.

1. Responsibility for Content

1. Content and information displayed on the Services is the sole responsibility of the person or organization providing that content, and you access all such content and information at your sole risk. We are not liable for any errors or omissions in that content or information, or for any damages or loss you might suffer in connection with it. We do not review content posted on the Services, and any issues with that content should be directed to its owners. You are solely responsible for interactions with other users of the Services.
2. The Services may contain links or connections to third-party websites or services that are not owned or controlled by us. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

1. Disclaimer

1. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, AND ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION, CONTENT OR MATERIALS ACCESSED THROUGH THE SITE.
2. WHILE WE MAKE REASONABLE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR INFORMATION, CONTENT AND MATERIALS THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH INFORMATION, CONTENT OR MATERIALS
   
   
3. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTIVITIES OR CONDUCT OF ANY THIRD-PARTY USER OF THE SERVICES.

1. Limitation of Liability
   

1. IN NO EVENT SHALL WE OR OUR AFFILIATES OR ANY OF OUR (OR OUR AFFILIATES’) DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR REPRESENTATIVES BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
2. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR DIRECTORS, OFFICERS EMPLOYEES, CONSULTANTS, AGENTS AND REPRESENTATIVES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
1. Indemnification
1. You agree to indemnify, defend and hold us, our Affiliates, and our (and our Affiliates’) officers, directors, employees, agents, affiliates, service providers, successors and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs, arising from or relating to (i) your breach of these Master Terms or violation of applicable law; (ii) any user content you submit, post to or transmit through the Service; or (iii) your violation of any party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.
   

1. Other Terms

1. Entire Agreement. These Master Terms constitutes the entire agreement between you and us with respect to your use of the Services. You may be subject to additional third-party terms and policies based on your use of the Services. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Master Terms and any other terms, these Master Terms shall govern. If any provision of these Master Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Master Terms will continue in full force and effect. The headings of sections and paragraphs in these Master Terms are for convenience only and shall not affect its interpretation.
2. Choice of Laws. The Master Terms are governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. 
3. Force Majeure. We shall not be liable to you or any other person, firm or entity for any failure of performance under this Agreement if such failure affecting us or our service providers and contractors is due to any cause or causes outside of our control, including, but not limited to, strikes, labor disputes, lockouts, or work stoppages, or other labor difficulties, shortages of labor or materials, riots, vandalism, civil disturbances, acts of terrorism, wars, third-party provider outages, cable cuts, power crisis shortages, infrastructure outages or failures, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, inclement weather, fires, floods, storms, explosions, and other uncontrollable acts of God or nature, or other similar occurrences; any law, order, regulation, direction, action or request of the United States or foreign government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority, or national emergencies.
4. Notices. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Services, as determined by us. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add [e-mail] to your email address book to help ensure you receive email notifications from us.
5. No agency, partnership, joint venture, or employment is created as a result of these Master Terms and you do not have any authority of any kind to bind us in any respect whatsoever. You and we agree there are no third-party beneficiaries intended under these Master Terms.
6. Limitation of Time to File Claims. Any action, claim or dispute you have against us must be filed within one year from the date the action, claim or dispute could first be filed. If a claim or dispute is not filed within one year, it is permanently barred.
7. Changes to the Master Terms. We may revise and update these Master Terms from time to time in our sole discretion. All changes are effective immediately when we post them.
8. Assignment and Transfer. You may not assign, transfer or convey these Master Terms or any obligations thereunder without our prior written consent. Any assignment, transfer or conveyance by you in violation of these Master Terms shall be of no power or effect. You also consent to the personal information, including sensitive information, of you and that of the individuals stored in the Services, being assigned, transferred or conveyed in the event of a business transition such as, but not limited to, a merger, sale, asset or stock acquisition of us by another company, or other transaction or proceeding. In such a case, your information would be used as set out in our Privacy Policy. We may assign, transfer, or convey (whether by contract, merger, or operation of law) these Master Terms, or any portion thereof, in our sole discretion.