Terms of Service & Privacy Policy

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online offerings (collectively, the “Sites”) provided by the Campaign. By accessing or by using our Site, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an e-mail, providing a notice through our Site, or by updating the Effective Date. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.

If you have any questions about these Terms or our Site, please contact us at Campaign Support (as defined above).

1. PRIVACY

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2. CONSENT TO USE OF DATA AND MOBILE COMMUNICATION; SMS PROGRAM TERMS

You consent to our communicating with you about the Site and the Campaign by SMS, text message, e-mail or other electronic means. Your carrier’s normal messaging, data and other rates and fees will apply to these communications.

If you subscribe to any text programs that the Campaign makes available, the following terms apply:

By subscribing to Campaign updates or alerts, you consent to receive periodic updates or alerts by automatic text message. Text STOP to stop. For Help, text HELP or contact us at Campaign Support. Message and data rates may apply. Neither the Campaign nor the participating carriers guarantee that messages will be delivered. The Campaign may discontinue the program at any time without notice.

3. USER CONTENT

Our Site may allow you and other users to create, post, store and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and the Campaign.

If you submit any User Content to the Campaign, including through the Site, you grant the Campaign and its employees, contractors, service providers, and consultants, a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content, and any name, username or likeness provided in connection therewith, in all media formats and channels now known or later developed without compensation to you, in connection with the Site and the Campaign.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

4. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site, and you are solely responsible for your conduct while using our Site. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Site;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
  • Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
  • Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
  • Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
  • Develop or use any applications that interact with our Site without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent; or
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.

Enforcement of this Section 4 is solely at the Campaign’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

5. OWNERSHIP; LIMITED LICENSE

The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by the Campaign or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

6. TRADEMARKS

Our logos, our slogans, and the look and feel of the Site are trademarks of the Campaign and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

7. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about the Campaign or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in the Campaign’s sole discretion. You understand that the Campaign may treat Feedback as non-confidential.

8. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Site infringes any copyright that you own or control, you may notify the Campaign via Campaign Support. Please note that if you knowingly misrepresent that any activity or material on our Site is infringing, you may be liable to the Campaign for certain costs and damages.

9. THIRD-PARTY CONTENT, PRODUCTS, AND SITES

We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. The Campaign does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

10. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Campaign, its employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.

11. DISCLAIMERS

Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Campaign does not represent or warrant that our Site are accurate, complete, reliable, current or error-free. While the Campaign attempts to make your use of our Site safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, the Campaign and its contractors, service providers, consultants, successor organizations, and joint committee members, and each of their respective officers, directors, agents, and employees, will not be liable to you under any theory of liability (whether based in contract, tort, negligence, strict liability, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages. The total liability of the Campaign and its employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, for any claim arising out of or relating to these Terms or our Sites, regardless of the form of the action, is limited to the amount of compensation you pay, if any, to use or access the Sites.

Certain state laws may not allow limitations on implied warranties or the exclusion of certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

13. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of the state where the Campaign Headquarters (as defined above) is located, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts in the county in which the Campaign Headquarters is located.

14. MODIFYING AND TERMINATING OUR SITE

We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension.

15. SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

16. MISCELLANEOUS

The failure of the Campaign to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

PRIVACY POLICY

This is not legal advice. Break Something recommends that you consult with your own legal counsel when reviewing the information below and customize it according to your company, its unique business practices, and its specific data collection practices. BREAK SOMETHING EXPRESSLY DISCLAIMS ANY DUTY TO ADVISE YOU OF CHANGES IN LAW THAT MAY IMPACT THIS TEMPLATE.

Important: In order to be approved for a SMS shortcode and/or registered toll free phone number for texting, privacy policy must include language stating that mobile phone numbers will not be shared with third parties.

Privacy Policy

Effective Date: 6/26/2023

Rob Sand for Iowa (“Campaign,” “we,” “our,” or “us”) provides this privacy notice to describe how we collect, use, and share the information of individuals who visit our website located at http://www.robsand.com and other online properties that link to this privacy notice (collectively, the “Site”).

Information Collection
‍When using our Site, you may provide information about yourself, such as your name, address, email address, phone number, and any other information you choose to provide.  If you make a donation or purchase, we will collect payment information and other details needed for the transaction, such as billing and shipping information.  We collect this information when you subscribe to our mailing list, make a donation or purchase, contact us through the Site, volunteer for the Campaign, or interact with us for any other purpose.

We may also collect information about you from other individuals and organizations, and we may combine this information with any information that you provide to us.

We (or authorized third parties on the Site) collect information relating to your interactions with us and our Site, including your IP address, browser type, domain names, access times and referring website addresses and other information we collect through the use of cookies and similar technology.  See the Digital Advertising & Analytics section of this privacy notice to learn more about the use of this information and the choices available to you. We may combine any information that we collect, including device information, with any information that you choose to provide to us.

Information Use
‍We may use your information for any lawful purpose, including the following:

  • To respond to your inquiries;
  • To provide the products or information that you request;
  • To operate, personalize, and improve the Site, including for analytics purposes;
  • To send Campaign updates and other communications that may be of interest to you;
  • To comply with the law and to maintain the security of our Site; or
  • With your consent, or as otherwise disclosed at the time information is collected.

Information Sharing
‍We may share the information we collect with other parties, including the following:

  • Candidates, organizations, campaigns, groups, or causes that we believe have similar political viewpoints, principles, or objectives or share similar goals and with organizations that facilitate communications and information sharing among such groups;
  • Service providers or agents that perform activities for us, such as those for statistical analysis, payment processing, or sending you email or postal mail;
  • As part of a change of corporate control or other transfer of all or part of our assets, including as part of a bankruptcy proceeding;
  • Pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, or when needed in our judgment to protect our rights or the rights of third parties or for safety or security reasons;
  • With your consent or as otherwise disclosed at the time of data collection or sharing.

Text messaging originator opt-in data and consent will not be shared with third parties, provided that we may share text messaging originator opt-in data and consent with our third-party vendors, consultants and other service providers who need access to such information to carry out work on our behalf (and who will not use such information for their own purposes); if we believe disclosure is required by law; or you consent to our sharing of such information.

We may share information that has been anonymized or aggregated, without limitation.

Digital Advertising & Analytics
‍We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms.  Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Site and other sites or apps over time, including information about relationships among different browsers and devices.  This type of advertising is known as interest-based advertising.

You may visit the DAA Webchoices tool at www.aboutads.info to learn more about this type of advertising and how to opt out of this advertising on websites by companies participating in the DAA self-regulatory program.  If you delete your cookies or use a different browser or mobile device, you will need to renew your opt-out choices exercised through the DAA Webchoices tool.  Note that electing to opt out will not stop advertising from appearing in your browser or applications.  It may make the ads you see less relevant to your interests.  Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our Site may not function as intended.

We may also work with third parties that collect data about your use of the Site and other sites or apps over time for non-advertising purposes.  The Campaign uses Google Analytics and other third-party services to improve the performance of the Site and for analytics and marketing purposes.  For more information about how Google Analytics collects and uses data when you use our Site, visit https://www.google.com/policies/privacy/partners/, and to opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

Third-Party Links and Tools
‍The Site may provide links to third-party websites or apps, including our social media pages.  We do not control the privacy practices of those websites or apps, and they are not covered by this privacy notice.  You should review the privacy notices of other websites or apps that you use to learn about their data practices.

The Site may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share personal information or you otherwise interact with these features on the Site, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public.  Your interactions with third-party companies and your use of their features are governed by the privacy notices of the companies that provide those features.  We encourage you to carefully read the privacy notices of any accounts you create and use.

Your Choices
‍To opt out of our email Campaign updates and donation requests, you can use the link provided at the bottom of each message.

You may also opt out or unsubscribe from future emails by sending a request to info@robsand.com using the subject line “Unsubscribe from email communications.” To ensure your opt-out request is properly processed, be sure to send your message using the same email account to which we sent our correspondence.

Changes to Our Privacy Notice
‍If our information practices change, we will post an updated version of this privacy notice.  We encourage you to visit this page periodically to learn of any updates.

Contact
‍If you have questions, comments, or concerns about this privacy notice, please contact us at: info@robsand.com