Privacy and Terms of Service

HERE COMES A LOT OF LEGAL MUMBO JUMBO. SO, EVEN IF YOU’RE BORED TO TEARS, READ IT AND THEN CHECK OUT THE REST OF OUR WEBSITE.

Privacy Policy

www.thetruth.com is a website of Truth Initiative, which is dedicated to achieving a culture where all youth and young adults reject tobacco.  We respect your privacy and have created this Privacy Policy to explain what information we collect through the website and how we use it.  If you have any questions about this policy, please contact us.

Non-personally Identifiable User Information

We automatically collect non-personally identifiable information about our site’s users, including the domain name and IP address of visitors, the browser and operating system used, the date and time of each visit and the source of referral.  This information does not identify individual visitors, and it is used for our own research purposes and to improve the site’s content, structure, and security.  

Cookies

Cookies are information files that allow websites to remember users’ activities on a website.  When you visit our site, we may send one or more cookies to your computer that uniquely identifies your browser.  We use the information we learn from cookies to improve the quality of our service, for example, by tracking user trends.  We do not use cookies to track user activity on an individual basis. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.  However, some of our features and services may not function properly if your cookies are disabled.

Personally Identifiable Information

We collect personally identifiable information from you through the site (such as your name, mailing address or email address) when you choose to sign up for our newsletter or otherwise voluntarily provide such information to us.  We use your personally identifiable information for the purpose for which it was provided, for example, to add you to our newsletter distribution list or to respond to a query. If you provide us with your email address, we may begin sending you emails with information that we think will be of interest to you. If, at any time, you wish to stop receiving emails from us, please follow the unsubscribe instructions at the bottom of any email you receive. If you provide your cell phone number to us, you consent to receive autodialed messages and texts at that number on any subject from us, unless and until you request that such messages stop.

We also use personal information about users to our website to better understand how people use our site so that we can improve the website and its offerings.  

Security

We take appropriate security measures to protect against unauthorized access to or disclosure or destruction of our users' data.  We restrict access to personal information to our employees, contractors, and agents who need to know that information in order to perform their jobs. Nonetheless, we cannot guarantee that your information is 100% secure.

Sharing Personal Information

We may share your personal information with other like-minded organizations, government officials or other policy-makers, or the press if we believe it will help advance our mission of achieving a culture where all youth and young adults reject tobacco and drugs.

We may also share your information if you provide the information in a context where you would expect the information to be shared.  For instance, if you choose to sign a truth-sponsored petition with your name and email address, we may share that information with the party receiving the petition.

We may use third party service providers to help us operate our website or administer activities on our behalf. We may share personal information about our users with these third parties for those limited purposes but we require that such third parties protect the confidentiality of user information and use it for no other purpose.

In addition, we will share personally identifiable information about our users when required to do so by law, or in the good faith belief that such action is necessary to comply with state and federal laws or to respond to a court order, subpoena, or search warrant. We will also share personally identifiable information if we believe it is necessary to protect the rights, property and safety of us or others.

We may also share personally identifiable information in connection with, or during negotiations of, a merger, sale of company assets, financing or acquisition of all or a portion of our business to another entity. Moreover, we may share personally identifiable information about a user upon the user’s consent.

We may share generic aggregated demographic information not linked to any personally identifiable information regarding our website users with third parties.

Third Party Websites

We may provide links from our website to other websites. We do not control the content or links that appear on these third party websites and are not responsible for the practices employed by websites linked to or from our site. These websites and services have their own privacy policies. Browsing and interaction on any other website, including websites that have a link to or from our site, is subject to that website’s own terms and policies. This Privacy Policy covers only information collected through the use of this website. In addition, we do not currently respond to web browser “do not track” signals.

Adobe Cloud Marketing Coop

Truth Initiative participates in the Adobe Marketing Cloud Device Co-op to better understand how you use our website and apps across the various devices you use, and to deliver tailored promotions and communications. Learn more at https://cross-device-privacy.adobe.com about how Adobe does this.

Compliance with Children's Online Privacy Protection Act

Protecting the privacy of the young is especially important. For that reason, we never collect information at the website from those we know are under 13, and no part of the website is structured to attract anyone under 13. If we become aware of having information about anyone under 13, we will promptly delete the information, unless we obtain consent from the parent or legal guardian of the child to retain such information.

California Privacy Rights

If you reside in California and have provided your personally identifiable information to us, you may request information once per calendar year about our disclosures of certain categories of your personally identifiable information to third parties for their direct marketing purposes. Such requests may be submitted to us at contact us.

Changes to this Privacy Policy

We may update this Privacy Policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage our website users to frequently check this page for any changes to stay informed about what information we collect and how we use that information. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of any modifications since your last visit.

Your Acceptance of These Terms

By using this website, you signify your acceptance of this Privacy Policy. If you do not agree to this policy, please do not use the website. Your continued use of the site following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.

Terms of Service

Truth Initiative provides the website www.thetruth.com (the “Site”) under the following Terms of Service (“Terms”), which may be amended from time to time at our sole discretion. Your use of the Site constitutes your agreement to these Terms.

Intellectual property

Unless otherwise indicated, Truth Initiative owns all legal right, title and interest in and to the Site, including any and all intellectual property rights. All such intellectual property, including without limitation all trademarks of Truth Initiative, may not be used without Truth Initiative’s written consent.

User-provided content

You, not Truth Initiative, are legally responsible for any material you post on the Site (“Your Content”).  You agree to post only content to which you own the copyright (or other applicable rights) or have written permission from the rights owner to post.  Your Content also encompasses your name, likeness and/or image, should you post such items to the Site. You agree not to post any material that:

  • violates or infringes upon the intellectual property, privacy, publicity or similar rights of others;
  • is abusive, offensive, discriminatory, profane, vulgar, obscene, disparaging, defamatory, libelous, slanderous, or contains information known by you to be false, inaccurate, or misleading;
  • violates any law, statute, ordinance or regulation or any third party agreement to which you are subject (e.g., Facebook, Twitter, Instagram, Vine, YouTube, Pinterest, etc.);
  • contains (i) third party websites; and/or (ii) addresses, email addresses, contact information, phone numbers or other personal identifiable information (other than your own);
  • is in the nature of advertising or marketing; and/or
  • contains any computer viruses, worms, harmful code, or other potentially damaging computer programs, applications or files.

 

In addition, by posting Your Content on the Site, you grant Truth Initiative a non-exclusive, perpetual and royalty-free right and license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content in any manner consistent with Truth Initiative’s charitable purpose.  This means that Your Content will not be treated as confidential and proprietary, and we’ll be able to freely use Your Content without attribution or compensation or payment of any kind to you.

Truth Initiative does not endorse or take responsibility for user-provided content.  While Truth Initiative does not routinely review user-proved content, Truth Initiative reserves the right, but is not obligated, to remove any information or materials posted on the Site for any or no reason, at its sole discretion.

You represent and warrant that:

  • You are at least thirteen (13) years of age;
  • You own or otherwise lawfully possess all rights in and to Your Content; and
  • Your Content does not and will not violate these Terms or cause injury to any person or entity.

Indemnification and hold harmless

You will indemnify and hold harmless Truth Initiative and its officers, directors, employees, and agents from all claims arising out of or related to: (i) Your Content; and/or (ii) your use of, or your inability to use, the Site or the information contained therein or any other website(s) to which the Site is linked.

Modifications

Truth Initiative reserves the right to change or terminate any aspect of the Site, including the Site itself and individual user accounts for any or no reason. Truth Initiative also reserves the right to impose limits on certain features of the Site or restrict access to all or parts of the Site without notice or penalty.  Additionally, Truth Initiative may revise these Terms from time to time, and the most current version will always be posted on the Site.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUTH INITIATIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL TRUTH INITIATIVE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Arbitration

For any dispute you have with Truth Initiative regarding the Site shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the arbitrator’s award may be entered in any court having jurisdiction.  The prevailing party in any such arbitration shall be entitled to recover reasonable attorney’s fees from the other party.  However, nothing shall prevent either you or Truth Initiative from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site.  ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRUTH INITIATIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing law and jurisdiction

The Site is controlled and operated from the United States. These Terms shall be governed by the laws of the District of Columbia, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a local court located in the District of Columbia or the United States District Court for the District of Columbia, for any actions not subject to the arbitration provisions set forth above.

Indemnification and hold harmless

You will indemnify and hold harmless Truth Initiative and its officers, directors, employees, and agents from any and all claims arising out of or related to (1) your Content and/or (2) your use of, or your inability to use, this Application or the information contained therein.

No Waiver

Truth Initiative’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contacting Us

If you have any questions about this Privacy Policy, Terms of Service or anything relating to the website, please contact us.

Amended on February 27, 2018