Disclosures & Privacy Policies
Terms of Use
Last Updated: May 24, 2024
These Terms of Use (“Terms”) govern your access to and use of this website (“Site”), made available to you by or on behalf of Believe, Inc., a 501(c)(3) registered Colorado nonprofit corporation (“Believe,” “we,” “us,” or “our”), and its vendors.
By using the Site, you agree either individually or on behalf of any organization that you represent that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site. We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.
ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. These Terms contain a binding arbitration provision. You agree that all disputes between you and Believe will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
Privacy Policy. We collect certain data when you use the Site. We will treat such data as described in our Privacy Policy, which is incorporated into these Terms.
Intellectual Property Rights. The “Site” includes its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content. The Site is exclusively the property of Believe or its licensors. The Site is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Site or related intellectual property belonging to Believe or any third party is strictly prohibited. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Compliance with Laws. When you use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.
Restrictions on Your Use of the Site.
- You may, by accessing the Site at its URL, make one digital copy of the Site’s visible content on your own device for your own personal noncommercial use.
- You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without Believe’s prior written consent.
- You will not modify or delete any copyright, trademark, or other proprietary notices.
- You will not use the Site for unlawful purposes.
- You warrant that all data you provide to us in connection with your access to and use of the Site is true, accurate, and complete.
- You will not submit inaccurate, incomplete, or out-of-date data via the Site, commit fraud or falsify data in connection with your use of the Site, or act maliciously against the business interests or reputation of Believe and its licensors and contributors.
- You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose.
- You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You will not use the Site to post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks.
- You will not engage in activities designed to render the Site or associated services inoperable or to make their use more difficult.
No Warranty. The Site is provided “as is,” “as available,” and without any warranty of any kind. Neither Believe nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Site. Believe makes commercially reasonable efforts to ensure that all material, data, and other information on the Site is accurate and reliable, but neither accuracy nor reliability can be guaranteed. Believe does not warrant or guarantee the quality, completeness, timeliness, or availability of the Site. Believe does not warrant or guarantee that the Site will be uninterrupted or error-free, that any defects in the Site will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful conditions or components. Believe is not responsible for any typographical errors on the Site.
To the maximum extent permitted by applicable law, Believe expressly disclaims all warranties of any kind with respect to the Site and all services, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Believe has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from Believe or in any manner from the Site creates any warranty.
We make no representation that the Site is appropriate or available for use in locations other than the United States. If you choose to access or use the Site from locations other than the United States, you do so at your own risk, and you are responsible for complying with applicable laws and regulations.
Your use of the Site is at your own risk, and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Site, and any other damage that may be incurred.
Certain jurisdictions prohibit the disclaimer of certain warranties, so some of the above may not apply to you.
Limitation of Liability. To the maximum extent permitted by applicable law, in no event will Believe, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “Believe Parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the Site or your access to or use of, or inability to access or use, the Site (including without limitation the input of personal and other data into the Site), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Believe Party has express knowledge of the possibility of the loss or damage.
Your sole and exclusive remedy is to stop accessing and using the Site. Without limiting the foregoing, in no event will Believe Parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
- Indemnity. You will indemnify, defend, and hold harmless Believe Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Site, (b) your misuse of any material, data, or other data downloaded or otherwise obtained from the Site, (c) your use of services through the Site, or (d) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
- Third-Party Websites. The Site may link to, or be linked to, websites not maintained or controlled by Believe. Those links are provided as a convenience, and Believe is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.
Linking to the Site. If you operate a website and are interested in linking to the Site:
- The link must be a text-only link and clearly marked;
- The link and its use must be in connection with a website of appropriate subject matter;
- The link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Believe’s names and trademarks;
- The link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Believe; and
- The link, when activated by a user, must display the Site full-screen and not within a frame.
Believe reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
- Feedback. Believe welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us at our discretion and without attribution or compensation to you.
- Disputes; Governing Law. These Terms are governed by the laws of the state of Colorado, without regard to its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in El Paso County, Colorado, with respect to any dispute arising under these Terms unless otherwise determined by Believe in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with Believe and limit the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, will be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged, or threatened violation of confidentiality or violation of Believe’s intellectual property or other proprietary rights, Believe may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages, or other similar requirement. The institution of any action for injunctive relief will not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration, and each party will bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.
Place. The place of arbitration will be in El Paso County, Colorado, unless otherwise agreed to in writing by all parties to the arbitration. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
Survival. This Arbitration Agreement provision will survive the termination of these Terms.
Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Believe, except that our affiliates are third-party beneficiaries of these Terms. These Terms, including our Privacy Policy, are the entire agreement between you and Believe with respect to your access to and use of the Site. Believe’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Believe. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions, and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of Believe’s successors and assigns. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site. These Terms and any other documentation, agreements, notices, or communications between you and Believe may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
- Contact Us. Please direct any questions and concerns regarding these Terms to us by email at [email protected], or by mail at:
Believe, Inc.
12081 W. Alameda Pkwy #423
Lakewood, CO 80228
Privacy Policies
PRIVACY POLICY FOR WEB SERVICES
INTRODUCTION
Thank you for visiting our website https://believemedia.org. This privacy policy tells you how we use personal information collected at this site. We respect your privacy and are committed to protecting it through our compliance with this policy. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this website. By downloading, registering with, or using this website, you agree to this privacy policy.
This policy describes:
- The types of information we may collect or that you may provide when you access, submit data to, download any content from, or otherwise use our website and web services (the “Website”); and
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect on our Website, and in email, text, and other electronic communications sent using or in connection with this Website.
This policy DOES NOT apply to information that:
- We collect offline or on any other Company apps or websites, including websites you may access through this Website; or
- You provide to or is collected by any third party (see “THIRD-PARTY INFORMATION COLLECTION”).
Other websites and apps and these third parties have their own privacy policies, which we encourage you to read before providing information on or through them.
This policy may change from time-to-time (see “CHANGES TO OUR PRIVACY POLICY”). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
CHILDREN UNDER THE AGE OF 13
The Website is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us using the contact information provided at the end of this document.
INFORMATION WE COLLECT AND HOW WE COLLECT IT
We collect information from and about users of our Website:
- Directly from you when you provide it to us; and
- Automatically when you use the Website.
Information You Provide to Us
When you download or use this Website, or initiate electronic communications with us through this Website (for example, by submitting the form on our “Contact Us” page), we may ask you to provide information:
- By which you, personally, or your company may be identified, such as name, postal address, email address or telephone number (“personal information”); or
- That is about you but individually does not identify you, such as your current location, services provided or sought, or preferences for products, etc.
This information includes:
- Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to our services, sharing or posting material, submitting search queries, sending communications to us or to other subscribers or vendors that use the Website, etc. We may also ask you for information when you interact with us, complete optional surveys, and report a problem with the Website.
- Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
- Details of transactions you carry out through the Website.
- Other information you choose to provide or authorize us to access in connection with providing the Website and our services.
We use industry-standard security protocols to protect data, but please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection and Tracking
When you download, access, and use the Website, it may use technology to automatically collect:
- Usage Details. When you access and use the Website, we may automatically collect certain details of your access to and use of the Website, including Website traffic data, location of data storage, logs, data shared with the Website when you are not using it, and other communication data and the resources that you access and use on or through the Website.
- Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
- Location Information. This Website collects real-time information about the location of your device.
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or from you.
If you do not want us to collect any of the above information, do not download the Website, or delete it from your device. For more information, see “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION”.
INFORMATION COLLECTION AND TRACKING TECHNOLOGIES
The technologies we use for automatic information collection may include:
- Cookies (or mobile cookies). A cookie is a small file placed on your device. It may be possible to refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting, you may be unable to access certain parts of our Website.
- Web Beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
- Hardware and Software APIs. An application programming interface (API) is a piece of software that accesses or obtains information from other programs or device components. For example, our Website uses an API to request the current coordinates from your device’s GPS unit. In some cases, you must provide authorization before the Website can use certain APIs.
THIRD-PARTY INFORMATION COLLECTION
When you use the Website or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
- Advertisers, ad networks, and ad servers.
- Analytics companies.
- Your mobile device manufacturer.
- Your mobile service provider.
- Others.
These third parties may use tracking technologies to collect information about our users. This may include information about users’ use of this Website and other apps and websites to serve them interest-based (behavioural) advertising. We do not control these third parties’ tracking technologies or how they may be used.
If you have any questions about an advertisement, you should contact the responsible advertiser directly. For information about how you can opt out of receiving targeted advertising from many providers, see “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION”.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the Website and its contents, and any other information, products, or services that you request from us.
- Fulfill any other purpose for which you provide it.
- Give you notices about your account/subscription, including expiration and renewal notices.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including our Master Services Agreement and any agreement for billing and collection.
- Notify you when updates are available, and of changes to any products/services we offer or provide through it.
The usage information we collect helps us to improve our Website and to deliver a better and more personalised experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customise our Website according to your individual interests.
- Speed up your searches.
- Recognise you when you use the Website.
We may use your information to contact you about our services that may be of interest to you if you provide your information for such purposes. For more information, see “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION”.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users and information that does not identify any individual or device without restriction.
In addition, we may disclose personal information that we collect or you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of the assets of our company, Believe, Inc. (“Company”), whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
- To fulfil the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, including the Website Terms of Use and terms of sale and services, and for billing and collection.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR CHOICES ABOUT OUR COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
Tracking Technologies. You can set your device to refuse all or some cookies, or to alert you when cookies are being sent. You can choose whether or not to allow the Website to collect information through other tracking technologies when your device prompts you to do so. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Website may then be inaccessible or not function properly.
Promotion by the Company. If you do not want us to use your contact information to promote our own or third parties’ products or services, you can opt out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to the contact address provided at the end of this document.
Data Retention and Deletion. We retain data collected in connection with your use of the Website for as long as you have an active user account with us, and for a period of two years after your account is deleted or inactivated. Retained data of inactive user accounts is used only for the purposes of bookkeeping and audits, reactivating an account upon request, or data analytics. Personal information will be de-identified before it is aggregated for data analytics. We will stop collecting any data for which you withdraw your consent to collect, but will retain data collected before such withdrawal in accordance with this policy. You can at any time request that we delete retained data by sending us an email stating your request to the contact address provided at the end of this document. Be advised that in some cases, we cannot delete your personal information except by also deleting/deactivating your user account.
If you do not create an account with us, we store your information collected via the Website for thirty (30) days after your last visit, after which we will delete your information, except for information you submit for the purpose of joining our mailing list – you must unsubscribe from the mailing list, after which we will delete your information.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
You can review and change your personal information by logging into the Website and visiting your account profile page. This includes the ability for you to delete your user account from within the Website.
You may also send us an email at the contact address provided at the end of this document to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users of our Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to the contact address provided at the end of this document.
CHANGES TO OUR PRIVACY POLICY
We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page and provide our users with a notice that the privacy policy has been updated.
The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you and for periodically visiting this privacy policy to check for any changes.
CONTACT INFORMATION
To ask questions or comment about this privacy policy and our privacy practices, contact us at the following:
By email: [email protected]
By Phone: (720) 517-5978