Last Updated: August 14, 2021
Your access to the Foundation for Advancing Alcohol Responsibility’s (“FAAR”) Alcohol 101+ interactive educational program (the “App”) is subject to these Terms of Service (“Terms”), which is a legally binding contract between you and FAAR. The terms “we,” “our,” and “us,” mean FAAR. Your use of the App is subject to all additional terms, policies, rules, or guidelines applicable to the App that we may post on or link to from the App.
REGARDLESS OF WHETHER YOU ARE A UNIVERSITY OR A UNIVERSITY ADMINISTRATOR ADMINISTERING THE APP OR A STUDENT WHO HAS BEEN GRANTED ACCESS TO THE APP BY THEIR UNIVERSITY, BY CLICKING “ACCEPT,” OR BY ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION TO YOUR USE OF THE APP AGREE TO BE BOUND BY, THESE TERMS. If you do not agree to theSE Terms, OR are not eligible TO USE THE APP, then you do not have our permission to use THE APP.
Alcohol 101+ Overview. The App provides educational institutions with access to interactive educational content that is made available to their student communities in order to help educate students about why alcohol is unsafe for underage persons and how to make safer and more responsible decisions with respect to students who have consumed alcohol in a manner that puts them at risk of harm or injury. From time to time, FAAR (or a service provider on FAAR’s behalf) may also make available to you through the App’s dashboard, if you are a university, (a) for informational purpose only, certain aggregated Data collected from responses provided by your students on the App (“Data”) in accordance with FAAR’s Privacy Policy (https://www.responsibility.org/privacy/), and (b) tracking of your students’ progress through the Content (as defined below). The App may also include features that will allow students to compare their responses to those of other students using the App (e.g., what overall percentage of students provided the same or different response).
If you are a university, subject to your ongoing compliance with these Terms, FAAR hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to the Data as provided by FAAR through the published interface or functionality of the App (e.g., the App’s dashboard) and solely for the purposes stated in these Terms. You agree that you will not access or attempt to access any Data other than the Data authorized by FAAR for access by you.
FAAR reserves the right to take any reasonable steps to monitor your access to and use of the App for compliance with these Terms.
In addition to any other remedies we may have, if we believe you have violated these Terms we may, as applicable: (a) suspend or terminate your access to the App, (b) withhold any Data, and (c) report the violation to your university (or any other applicable authorities).
The App is owned and operated by FAAR. The educational and interactive content within the App, including any text, audio, videos, games, learning modules, surveys, questions, and quizzes (collectively, the “Content”), and the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, and all other elements of the App (together with the Content, “Materials”) are protected by intellectual property and other laws. As between you and us, all Materials and the rights therein are the property of FAAR or its third party licensors. FAAR reserves all rights to the Materials not granted expressly in these Terms. We reserve all rights not expressly granted in these Terms.
You may not (a) reproduce, distribute, sell access to, modify, create derivative works of or publicly display the App, the Materials, or any aspect of each of the foregoing; or (b) reverse engineer or otherwise attempt to discover the source code of any software portion of the App.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the App (“Feedback”), then you grant FAAR an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use and exploit the Feedback in any manner and for any purpose, including to improve the App and create other products and services.
FAAR may provide tools through the App that enable you to export information to third party services. By using any of these tools, you agree that FAAR may transfer that information to the applicable third party service. Third party services are not under FAAR’s control, and FAAR is not responsible for any third party service’s use of your exported information.
The App may also contain links to third party websites. Linked websites are not under FAAR’s control, and FAAR is not responsible for their content.
These Terms are effective beginning the earlier of when you accept the Terms or first access or use the App, and ending when terminated as described in Section 9.2.
If you violate any provision of these Terms, your authorization to access the App and these Terms automatically terminate. FAAR may, at its sole discretion, terminate your account on the App, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at alcohol101plus@responsibility.org.
Upon termination: (a) your rights will terminate and you must immediately cease all use of the App; (b) you will no longer be authorized to access your account or the App; and (c) Sections 4, 7.1, 7.3, 10, and 11 will survive.
You will indemnify, defend, and hold harmless FAAR and its respective officers, directors, employees, agents, successors, and assigns (“FAAR Indemnitees”) from and against any and all losses, damages, penalties, fines, and costs incurred by such FAAR Indemnitees to the extent resulting from any claim or action by a third party arising out of or resulting from, or alleged to arise out of or result from your breach of any of these Terms, including any resulting Data Breach. FAAR may assume the control of the defense of any such claims and may employ counsel of its reasonable choice to handle and defend the same. You will reasonably cooperate with FAAR in the defense and settlement of the indemnified claim at your sole cost and expense.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP, DATA AND INFORMATION PROVIDED OR GENERATED THROUGH USE OF THE APP ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. FAAR DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE APP AND ANYTHING AVAILABLE THROUGH THE APP, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FAAR DOES NOT WARRANT THAT THE APP OR ACCESS TO ANY DATA WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FAAR DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED OR CREATED BY YOU FROM THE APP WILL CREATE ANY WARRANTY REGARDING FAAR OR THE APP.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FAAR BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APP OR ANY AUTHORIZED DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR YOUR INSTITUTION HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
These Terms are governed by the laws of the District of Columbia and you and FAAR submit to the personal and exclusive jurisdiction of the state and federal courts located in the District of Columbia without regard to conflict of law principles.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to confirm your acceptance the modified Terms in order to continue to use the App.
By using the App, you consent to receiving certain electronic communications from us as further described in our Privacy Policy (https://app.alcohol101.plus/about/privacy-policy). You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
We make no representation that the App is appropriate or available for use outside of the United States. Access to the App from countries or territories or by individuals where such access is illegal is prohibited.
These Terms are the entire and exclusive agreement between you and FAAR regarding your use of the App. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part. We may assign these Terms in whole or in part and delegate our obligations at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms or any provision of these Terms be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable under applicable law, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
You may contact us by emailing us at alcohol101plus@responsibility.org or by sending correspondence to
The Foundation for Advancing Alcohol Responsibility, 101 Constitution Ave, NW, Suite 375 East, Washington, DC 20001..