Terms of Use

These terms of use are entered into by and between You and Evidence Action (”Evidence Action”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of all websites owned, controlled, or operated by Evidence Action (collectively, the “Site”), whether as a guest or a registered user.

By using this Site, you signify your acceptance of these Terms of Use and the Privacy Statement. If you do not agree to all of these Terms of Use, and the Privacy Statement, do not use this Site.

Evidence Action may revise these Terms of Use at any time. Your continued usage of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties.

Geographic Restrictions

We make no claims that the Site or any of its content is accessible, downloadable or appropriate outside of the United States. Access to the Content (as defined below) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and on your own initiative and are responsible for compliance with the laws of your jurisdiction.

Use Restrictions

The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Evidence Action’ licensors, and other materials (the “Content”) is protected by copyright under both United States and foreign laws. Title to the Content remains with Evidence Action. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Evidence Action or its licensors.

Evidence Action authorizes you to view and download and print a single copy of the Content solely for your own lawful, personal, non-commercial use. You may not modify, edit, create derivative works from text-based Content or reprinted materials nor are you permitted to use such Content for commercial purposes without Evidence Action’s prior written consent. Any such download or use of the Content shall include the following copyright notice: “Copyright © 2023, Evidence Action. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Content. Except as expressly authorized in this paragraph, non-text based Content may not be reproduced without the prior written consent of Evidence Action and/or its licensors, as applicable, regardless of the intended use. Non-text based Content may not be modified in any way.

Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Content on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Evidence Action and its licensors. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

You may not, without Evidence Action’ written permission, “mirror” any Content contained in this Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Evidence Action reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

User Submissions

The personal information you submit to Evidence Action is governed by the Evidence Action Privacy Statement. To the extent there is an inconsistency between the Terms of Use and the Privacy Statement, the Privacy Statement shall govern.

Except as provided under a specific submission practice described on the Site or in other Evidence Action materials made available to you, Evidence Action does not claim ownership of any information or material a user provides to Evidence Action or posts, uploads, input, submits, or transmits to this Site (“Submission”). If you provide a Submission to Evidence Action pursuant to specific guidelines or practices identified by Evidence Action, including without limitation by submitting a proposal, submitting content for an Evidence Action publication, posting a comment or similar feedback in connection with an Evidence Action web page, update, or authored content, or submitting a photograph, such Submission shall also be governed by the applicable guidelines or practices.

You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Evidence Action, exposes Evidence Action or any of its licensors, partners, or customers to any liability or detriment of any type; or (h) post partisan political statements aimed at influencing legislation or supporting or opposing candidates for public office, or in a manner that otherwise violates the law. All Submissions reflect the views of such individual that provided such Submission and do not necessarily reflect the views of Evidence Action.

Except as provided under a specific submission practice described on the Site or in other Evidence Action materials made available to you, by making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Evidence Action. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Evidence Action a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Evidence Action is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Evidence Action is not responsible for the consequences of any Submission. Evidence Action is not responsible for screening or monitoring Submissions made to this Site by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, Evidence Action may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Evidence Action will have no liability or responsibility to users for performance or nonperformance of such activities.

Evidence Action reserves the right (but is not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.

Promotions

Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

Storage of Content

You agree that Evidence Action may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content stored or transmitted through the Site. You agree that Evidence Action has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content stored or transmitted through the Site.

Information Disclaimer; Map Disclaimer

THE INFORMATION, MATERIALS AND CONTENT ON THE SITE ARE PROVIDED SOLELY FOR INFORMATIONAL, EDUCATIONAL, AND RESEARCH PURPOSES. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS THAT MAY APPEAR THROUGHOUT THE SITE. EVIDENCE ACTION AND ITS LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT.

Without limiting the foregoing, the designations employed and the presentation of the material on any map included or appearing on the Site do not imply the expression of any opinion whatsoever on the part of Evidence Action concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Every effort is made to ensure each map included or appearing on this Site is free of errors but there is no warrant such map(s) or its features are either spatially or temporally accurate or fit for a particular use. Any map included or appearing on this Site is provided without any warranty of any kind whatsoever, either express or implied.

Disclaimer of Warranties; Liability of Evidence Action and Its Licensors and Partners

The use of the Site or the Content is at your own risk. The Content in this Site could include technical inaccuracies or typographical errors. Evidence Action may make changes or improvements at any time.

THE CONTENT IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVIDENCE ACTION DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EVIDENCE ACTION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVIDENCE ACTION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EVIDENCE ACTION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

EVIDENCE ACTION ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY EVIDENCE ACTION, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY STATEMENT.

Your Account

If you use this Site, you are responsible for restricting access to your computer and, where applicable, maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. Evidence Action reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Contact with Third Parties and Third Party Sites

Your interactions with a third party on the Site, or based on such third party’s participation or presence on the Site, are solely between you and the third party. You agree that Evidence Action shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Site.

The Site may include links to third party websites or resources over which Evidence Action has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Evidence Action of content on those third party websites or resources. Your access and use of such websites or resources is solely at your own risk. Evidence Action makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website.

Linking to the Site and Social Media Features

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Site may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Site.
Send emails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Trademarks

The Evidence Action name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks and intellectual property of Evidence Action or its affiliates or licensors. You must not use such marks without the prior written permission of the Evidence Action. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Indemnity

You agree to defend, indemnify, and hold harmless Evidence Action, its officers, directors, employees, affiliates, agents, licensors, and partners, from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Content, your Submission to this Site, or any violation of these Terms of Use or applicable law by you or someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims.

This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of this Site.

Modification or Suspension of the Site

You agree that Evidence Action may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Site, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

Force Majeure

Evidence Action shall not be held to be in breach of its obligations hereunder nor liable to you (or someone accessing the Site via your account) for any loss or damage that may be suffered as a result of any cause beyond its reasonable control, including without limitation any act of God, fire, storm, flood, lightning, disease, strike, trade dispute, act of terrorism, epidemic or pandemic, or any act or omission of government or regulatory bodies or communications operators.

Applicable Law; Severability; No Waiver; Survival

These Terms of Use are governed in accordance with the laws of the District of Columbia, United States of America, without regard to its conflict of law provisions. You and Evidence Action hereby expressly consent and submit to the exclusive jurisdiction of a local or federal court of competent jurisdiction in the District of Columbia for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Evidence Action and its Licensors and Partners, Use Restrictions, User Submissions, Indemnity, Applicable Law, and Complete Agreement.

Notice and Take Down Procedures

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Evidence Action (address identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
Your name, address, telephone number, and (if available) email address.
A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address for copyright issues relating to this website is as follows:

Evidence Action
1133 Connecticut Ave, NW, Suite 200
Washington, DC 20036
[email protected]

In an effort to protect the rights of copyright owners, Evidence Action maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Evidence Action on this Site, these Terms of Use, including Evidence Action Privacy Statement, constitute the entire agreement between you and Evidence Action with respect to the use of the Site and Content.