2AWNY.COM

Terms of Service and User Agreement

  1. General

These Terms of Service (“Terms”) is a legal agreement between you and 2AWNY.COM (“2AWNY,” “2AWNY.COM,” “we,” or “us”) that apply when you use a 2AWNY.COM website, mobile application, or other online service (individually, a “Service”, or collectively, the “Services”) that links or refers to the Terms. It is important that you review the Terms carefully before using the Services. Your use of the Services indicates that you agree to follow and be bound by the Terms. If you do not agree to the Terms, do not access or use the Services.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION #8) AND DISCLAIMERS OF LIABILITY (SECTION #9).

We may change the Terms or modify any features of the Services at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms of Service” link at the bottom of the Services’ home page at WWW.2AWNY.COM. If you continue to use the Services after changes are posted you will be deemed to have accepted the change.

As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. The Services are offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use, the Services for any other purpose.

Some of the Services have been developed through or in conjunction with third-party platforms or websites, including (but not limited to) Stripe, Mailigen, and others.  In using the Services, you represent that you have read and agree to abide their terms of use and privacy policies, which are incorporated by reference into these Terms.

https://stripe.com/us/legal

https://stripe.com/us/privacy

https://mailigen.com/about/terms-and-conditions

https://mailigen.com/privacy-policy

  1. Privacy Policy

By using the Services, you indicate that you understand the information collection, use, and disclosure practices described in the Privacy Policy, located further below on this page.

  1. Prohibited Content and Activities

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any person or entity (a “person”), interfere with the operation of the Services, or use the Services in a manner that violates any laws.  For example, and without limitation, you may not:

Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;

Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;

Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;

Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;

Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;

Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to 2AWNY.COM or its users’ computers, devices or systems; or

Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security and certain other conduct may result in civil or criminal liability.  We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.  We may suspend or terminate your access to the Services for any or no reason at any time without notice.

  1. Intellectual Property

All content, information, materials, computer code, and software that are part of the Services other than content submitted by you (collectively, the “2AWNY.COM Content”) is the property of 2AWNY.COM or third parties.  You may access, use and display the Services on a single computer or device and download and print copies of the 2AWNY.COM Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.

a. Copyright and Other Intellectual Property Rights.

The Services (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the Services are also copyrighted works. All copyrights in the Services are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Services, or unless expressly authorized by 2AWNY.COM in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services, except that you may make use of the content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only. To obtain written consent to use a copyrighted work, please contact us using our Contact form at this link.

b. Trade and Service Mark Rights.

All rights in product names, the 2AWNY.COM name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of 2AWNY.COM products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to 2AWNY.COM or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.  The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of 2AWNY.COM, its affiliates, or any third party.  To obtain written permission to use the trade and service mark rights of 2AWNY.COM, please contact us at this link.

c. Notice of Infringement.

2AWNY.COM respects intellectual property rights.  If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please notify our designated agent in writing at to us at 2AWNY.COM, Attn: Copyright Notice Agent, 5325 Sheridan Drive, Unit #1366, Buffalo, NY 14221 or by e-mail at this link. Please provide the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

Identification of the copyrighted work or a representative list of the works claimed to have been infringed;

Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;

Your name, address, telephone number, and email address, so that we may contact you if necessary;

A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  1. Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:

Make use of the contents of the Services in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including copyrights.

Access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.

Copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services, except for content you have posted on the Services, or unless expressly authorized. You may download material from the Services solely for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only.

Distribute any part of the Services over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.

Engage in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information.

Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.

Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services.

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents available on the Services and other than generally available third-party web browsers.

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services

Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services.

Take any action that violates or threatens our system or network security.

Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.

  1. Change or Termination

2AWNY.COM may change or terminate these Terms for any reason at any time.  2AWNY.COM reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice.  Otherwise applicable sections of the Terms shall survive termination.  2AWNY.COM also reserves the right to seek all remedies available at law and in equity for violations of these Terms.  Upon termination, you must cease all use of the Services, including any of the 2AWNY.COM Content.

  1. Third-Party Content and Links to Third-Party Websites

The Services may contain links to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by 2AWNY.COM.  2AWNY.COM does not endorse, sponsor, recommend, or otherwise accept responsibility for any linked sites or services.  These Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services.  We encourage you to review the privacy policies and terms of use of these other websites or services.

  1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. 2AWNY.COM DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. IF YOU RELY ON THE SERVICES AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 2AWNY.COM DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY 2AWNY.COM, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY 2AWNY.COM OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

2AWNY.COM MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND 2AWNY.COM CLAIMS ALL RESPONSIBILITY FOR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.

  1. Exclusive Remedy and Limitation of Liability

IN NO EVENT WILL 2AWNY.COM OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF 2AWNY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 2AWNY.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, 2AWNY.COM’s liability in such jurisdictions shall be limited to the extent permitted by law.

Any claim against us shall be limited to the amount you paid, if any, for use of the Services.

  1. Indemnification

You agree to indemnify and hold harmless 2AWNY.COM and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

  1. Governing Law, Arbitration, and Time Period Limitation for Bringing Claim

This Agreement shall be governed by the laws of the United States and the State of New York. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.

With respect to any and all disputes arising out of or in connection with the Services or these Terms (including without limitation the Privacy Policy), 2AWNY.COM and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.  If you and 2AWNY.COM do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury.  Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act.  Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis.  Neither you nor 2AWNY.COM will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

2AWNY.COM and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in New York State.  The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction.  You agree that 2AWNY.COM may seek any interim or preliminary relief from a court of competent jurisdiction in New York State, necessary to protect its rights or property pending the completion of arbitration.

To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding.  The one-year period begins when the claim or notice of dispute first could be filed.  If a claim or dispute isn’t filed within one year, it is permanently barred.

  1. Termination

2AWNY.COM may terminate this agreement for any reason at any time.  2AWNY.COM reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

  1. Integration and Severability

These Terms constitute the entire agreement between 2AWNY.COM and you, and govern your use of the Services.  The Terms supersede any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.  In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

  1. No Waiver

Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

  1. Separate Terms and Conditions

In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms.  Please read these supplemental policies and terms carefully before making any use of such portions of the Services.  Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.

2AWNY.COM

Privacy Policy

Updated: July 23, 2019

2AWNY.COM realizes how important privacy is to our membership. We have prepared this Privacy Policy to provide you with important information about our privacy practices. This Privacy Policy applies when you use any 2AWNY.COM Web site, mobile application, or other online service (collectively, the “Services”) that links or refers to it. This policy describes what types of information we gather about you, how we use it, under what circumstances we disclose it to third parties, and how you can update it.

We reserve the right to change this Policy.  As a service to our users, we will post the date of the most recent updates to this policy at the top of the page.

You should also read, understand, and agree to 2AWNY.COM’s Terms of Service and User Agreement for the Services, which you can find at this link.

  1. Information Collection

We may collect personal information about our users in various ways. For example, we may collect information that you provide to us, information that we collect through your use of the Services, and information that we collect from publicly available sources or third parties.

We gather certain broad information about website use including the number of unique visitors, the frequency with which they visit, and the programs and Services preferred. We look at the data in summary form, rather than on an individual basis. We gather this information so we can learn how many people visit 2AWNY.COM sites and services, which pages are the most and least viewed, and which websites are referring visitors to our sites and Services. We use this information to help us in restructuring sites to meet our members’ needs. 2AWNY.COM sites and services do not respond to “Do Not Track” signals.

When you register or otherwise interact with the Services, you may be invited to provide personal information to enhance your experience on our site. For example, during account registration, we may ask for information such as your name, e-mail address, year of birth, gender, residence and/or mailing address, job title and industry, and other information. We may collect payment information, such as your credit card number and expiration date, where appropriate to process a financial transaction you have requested.

We also collect information that you provide us when you comment on articles, participate in message boards, and submit images, photos, videos, or other content to the Services.

We also compile lists for communications and marketing purposes. You may ask us to remove you from the lists by emailing us through our contact page or writing to us at 2AWNY.COM, ATTN: List Removal Requests; 5325 Sheridan Drive, Unit #1366, Buffalo, NY 14221. We do not provide member information to telemarketers, mailing list brokers, or other companies that are not offering 2AWNY.COM-endorsed services or benefits. Third parties do not collect personally identifiable information about the online activities of individuals who visit 2AWNY.COM sites.

Under no circumstances will 2AWNY.COM sell your information to third parties or any commercial entities.

  1. Cookies and Tracking Codes

2AWNY.COM Services makes use of cookies, web beacons, pixels, and other kinds of tracking codes to personalize and customize your interaction with 2AWNY.COM and to provide you with the best possible online experience. A cookie is a tiny encrypted text file that is placed in your device’s data storage.

2AWNY.COM uses cookies in conjunction with third parties (such as Facebook and Google) to provide measurement on marketing campaigns and send targeted advertisements to internet users. Using cookies allows personally identifiable information to remain undisclosed.

You can set your web browser to refuse all cookies or to indicate when a cookie is being sent. Some features of the Services may not function properly if the ability to accept cookies is disabled. For additional information on managing cookies and tracking codes, please select your browser below:

For Microsoft Internet Explorer, please visit: http://windows.microsoft.com/en-us/internet-explorer/delete-manage-cookies – ie=ie-11

For Mozilla Firefox, please visit: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

For Google Chrome, please visit: https://support.google.com/chrome/?hl=en#topic=3421433

For Apple Safari, please visit: http://support.apple.com/kb/PH17191

  1. IP Addresses

We collect and analyze traffic on our Services by keeping track of the Internet Protocol (IP) addresses of our visitors.

  1. Personal Information

You may be asked to provide different types of personal information, including your name, date of birth, email address, mailing address or telephone number. Particular Services may require additional information such as your billing address, credit card number and expiration date. For example, we may ask for information to process your membership application, a contribution, submit a petition, facilitate an online store purchase, or register for one of our events. There are also optional opportunities for you to share your preferences and interests.

  1. Control of Personal Information

We also use your information to send you notices in the mail or by email about special member or supporter benefits, discounts and offers. If you do not wish to receive mailings, you can let us know by emailing us through our contact page or writing to us at 2AWNY.COM, ATTN: Personal Information Requests; 5325 Sheridan Drive, Unit #1366, Buffalo, NY 14221.

  1. Data Security

We and our vendors have in place various procedures to protect the information we collect online. However, as effective as these measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet.

We protect your personal information by using technologies and processes such as encryption, access control procedures, network firewalls, physical security and other measures. Data is secured in transit by Secure Sockets Layer (SSL) technology. Only authorized employees or agents with a legitimate business purpose are allowed to access your personal information. We train our employees and agents to implement and understand our privacy and confidentiality policies.

Please understand that 2AWNY.COM is not responsible for the privacy practices of websites linked to our sites or other third parties.  When leaving an 2AWNY.COM site using such a link or by clicking on an advertisement, you should review the applicable privacy policy of the other party.

  1. Children’s Privacy

We do not knowingly collect any personal information from children under the age of 13 without parental consent, unless permitted by law. If we learn that a child under the age of 13 has provided us with personal information, we will delete it in accordance with applicable law.

  1. Changes to Our Privacy Policy

We may modify this Privacy Policy from time to time. We will notify you of changes by posting changes here, or by other appropriate means. Any changes to the Privacy Policy will become effective when the updated policy is posted on the Services. Your use of the Services or your provision of personal information to use the Services following such changes indicates your acceptance of the revised Privacy Policy.

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ABOUT US

2AWNY is a force multiplier for the numerous Second Amendment civil rights advocacy enterprises forming the backbone of Western New York’s vibrant gun culture. We act as a 2A news and information distribution, policy analysis, and organizational driver for the many interest groups seeking to defend and expand Second Amendment civil rights throughout the region. 2AWNY is dedicated to assisting in the organization, promotion, and funding of legal challenges to the unconstitutional New York State gun control regime. We seek to make Western New York the epicenter of New York State’s Second Amendment civil rights renaissance.

© 2019