Personal Information and Collection
The personal information that we collect about you can be divided into two categories, personally identifiable information and non-personal data. Personally identifiable information means information that specifically identifies you as an individual. Non-personal data is information that does not identify you.
Personally Identifiable Information
NEICAC collects Personal Identifiable Information (“PII”) supplied to us voluntarily by supporters, volunteers, and visitors to this Website. This PII may include your name, phone number, email address, and shipping and billing addresses.
We also collect non-personal data through our website that does not identify you, directly, including “automatically collected data,” “aggregated” or “anonymized” information that we collect to inform us how others use our Website. Non-personal data includes, (i) device software platform, operating system, IP address, type of Internet browser, your Internet Service Provider, and firmware; (ii) mobile phone carrier; (iii) web browsing patterns, including websites visited and time of access; (iv) geographical data such as zip code, area code, and other non-precise location information; and (v) the way in which you use the Website, including frequency and duration of usage.
Cookies and Similar Technologies
A cookie is a small piece of data sent from a website and stored on the user’s web browser while the user is browsing. Cookies cannot be used to run programs or deliver viruses to your computer, read data from elsewhere on your computer, or misappropriate any personally identifiable information about you. Cookies are uniquely assigned to you, and can only be read by a webserver in the domain that issued you the cookie. Cookies are useful because they help arrange the content and layout of our Website and recognize authors and administrators who have logged into our sites with a username and password which in turn allows us to recognize those computers or other devices that have been used to visit our Website. Cookies serve many purposes, such as managing user authentication, allowing our Website to remember your preference settings and helping us to enhance the usability and performance of our Website and your experience using it; for example, a cookie could store your personally identifiable information that you have entered into a form on our Website. These cookies are set to manage the experience with these solutions, which allow us to understand how users navigate to and interact with our Website. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you will not be able to fully experience the interactive features of our Website.
Use and Sharing of Personal Information
NEICAC uses the Personal Information it collects for the following purposes:
Services and Transactions We may use your personal information to deliver services to you or carry out transactions you have requested, including, but not limited to, providing information on our services or otherwise use, processing transactions, answering customer service requests and facilitating the use of our services. We may also use your personal information to send you email or postal mail, or provide customer support. We may use the information you provided to contact you directly in order to notify you of updates to the platform, provide you with offers or promotions associated with the platform. We may share your information with third party companies who assist us in performance of the Website and related services. We provide these companies with only those elements of your personal information they need to deliver those services. These companies and their employees are prohibited from using that personal information for any other purpose.
Improving our Services We may use your personal information to perform business analyses or for other purposes that help us to develop and improve the quality of our Website and related services; for example, by customizing our services to your particular preferences or interests.
We may also disclose your personal information if we are required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us; (b) protect and defend our rights or property; or (c) act under exigent circumstances to protect the personal safety of any individual.
Third Party Websites
Security of Your Personal Information
Your Rights to Your Information
We do not knowingly collect information from children and do not target or direct our Website to children. The meaning of “children” is subject to the laws and regulations in the jurisdiction in which you are located. In the United States, this means that we do not knowingly collect or solicit personally identifiable information from or about children under the age of 13 except as permitted by law. If you believe NEICAC has any information from or about anyone under 13 or as specifically defined in your jurisdiction, please contact us at the address listed below.
Any disputes will be resolved according to the Terms of Service.
The Site is hosted in the United States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Proprietary Rights. NEICAC owns and retains all proprietary rights in the Site, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains the copyrighted material, trademarks, and other proprietary information of NEICAC and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Site, without first obtaining the prior written consent of NEICAC or, if such property is not owned by NEICAC, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Prohibited Activities. NEICAC reserves the right to investigate, suspend and/or terminate your account or access to the Site if you have misused the Site or behaved in a way NEICAC regards as inappropriate or unlawful. The following is a partial list of the type of actions that you may not engage in with respect to the Site. You will not: 1. impersonate any person or entity; 2. use the Site in an illegal manner or to commit an illegal act; 3. access the Site in a jurisdiction in which it is illegal or unauthorized; 4. ask or use users to conceal the identity, source, or destination of any illegally gained money or products; 5. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; 6. collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site; 7. interfere with or disrupt the Site or the servers or networks connected to the Site; 8. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site (either directly or indirectly through use of third party software).
Modifications to Site or Service. NEICAC reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that NEICAC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. To protect the integrity of the Site, NEICAC reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: 1. identification of the copyrighted work that you claim has been infringed; 2. identification of the material that you claim is infringing and information reasonably sufficient to enable NEICAC to find the material on the Sites, such as a URL; 3. your address, telephone number and email address; 4. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 5. 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; and 6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. Notice of claims of copyright infringement should be provided to NEICAC’s Copyright Agent (the Copyright Agent shall also be responsive for any claims of copyright infringement regarding the Digital Millennium Copyright Act) at .org or the following address: NEICAC will terminate the accounts of repeat infringers.
1. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEICAC PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEICAC DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED.
2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SITE.
3. From time to time, NEICAC may make third party opinions, advice, statements, offers, or other third party information or content available through the Site. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. NEICAC DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SITE. UNDER NO CIRCUMSTANCES WILL NEICAC OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SITE, OR TRANSMITTED TO OR BY ANY USERS.
Links to Other Websites or Resources. The Site may contain, and the Site or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that NEICAC is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that NEICAC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
Limitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL NEICAC, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF NEICAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEICAC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NEICAC FOR THE SITE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Governing Law. This Agreement, and any dispute between you and NEICAC, shall be governed by the laws of the state of Iowa without regard to principles of conflicts of law. Any action shall take place in Linn County, Iowa and you consent to said jurisdiction.
Indemnity. You agree to indemnify and hold NEICAC, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, directors, agents, partners, employees and volunteers, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content that you post in, through or in connection with the Site, and the violation of any law or regulation by you. NEICAC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NEICAC in connection therewith.
Notice. NEICAC may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Site. Such notices may not be received if you violate this Agreement by accessing the Site in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Site in an authorized manner.