terms and conditions | Brandon Straka

Please read these Terms and Conditions of use carefully before using this site or engaging with Brandon Straka and Unsilent Minority.

This Terms and Conditions Policy is applicable to Brandon Straka and Unsilent Minority and any of its websites, domains, subpages, mobile sites, mobile applications, and/or online accounts owned, and operated, maintained, or controlled by Brandon Straka and Unsilent Minority, and worldwide web location and mobile-optimized versions of the same (collectively “we”, “us” or “our”). Your use of BRANDON STRAKA AND UNSILENT MINORITY is governed by the terms and conditions outlined in this Terms and Conditions and our Privacy Policy. Use of BRANDON STRAKA AND UNSILENT MINORITY constitutes acceptance of all terms contained herein. If you do not accept any of the terms contained herein, you must cease use of BRANDON STRAKA AND UNSILENT MINORITY immediately.

We may revise and update these Terms and Conditions at any time, with or without notice. Your continued usage of BRANDON STRAKA AND UNSILENT MINORITY will mean you accept those changes.

Text Message Campaigns

We are happy to also offer text message campaigns to like-minded individuals as a way for our supporters to engage with BRANDON STRAKA AND UNSILENT MINORITY and support our educational efforts. By indicating “Yes” when asked whether you would like to receive text messages from us, you are providing your express written consent to receive text messages from us, which may be sent using autodialer technology. Please review the below procedures to ensure you understand how our texting campaigns operate:

When you call a BRANDON STRAKA AND UNSILENT MINORITY-provided telephone number, enter your cell phone number into a provided field on our website, contribution page, or send a text message to a designated phone number provided by BRANDON STRAKA AND UNSILENT MINORITY, you will be opted into our text messaging campaigns, which may be sent using autodialer technology. You understand that the number from which BRANDON STRAKA AND UNSILENT MINORITY contacts you may change and consent to being contacted by such new number. By providing such consent, you hereby recognize and agree you have given us authorization to contact you via text message using autodialing texting technology at the provided phone number and that you have the authority to grant such consent. You will receive text messages about news alerts, action items, and events related to our educational efforts and causes. We do not charge users to sign up for this service or for their participation, but your mobile service provider may charge standard messaging, data, and other rates/fees related to any text transmissions. Please review your cellular plan with your wireless carrier to ensure you understand how and for what you may receive extra charges.
You may opt out at any time and for any reason. If you no longer wish to receive BRANDON STRAKA AND UNSILENT MINORITY text messages, simply reply STOP, to any of our text messages. You may also opt out by contacting us at support@brandonstraka.com.
If you require any help or have questions about BRANDON STRAKA AND UNSILENT MINORITY, you may reply to any BRANDON STRAKA AND UNSILENT MINORITY text messages with HELP for customer support. You may also contact us at support@brandonstraka.com.
As we have no control over how the mobile service providers transmit our text messages, we cannot be responsible or liable for any delays in your receipt of any of our text messages. Delivery is determined by the mobile service provider and is subject to effective transmission by your provider. We make no warranty, express or implied, and all warranties, including implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed. Our text messages are provided on an “as is” basis.
As a result of your opt-in to receive our text messages, you hereby recognize we may collect certain data from you. Such data may include, but is not limited to, your mobile phone number, your mobile service provider’s name, and the date, time, and content of your messages to and from us, along with any other information you provide to us.
You hereby agree and understand that we may change and/or terminate our text messaging service at any time, for any reason, and with or without providing notice.
You hereby expressly agree that, in the event you forfeit or no longer utilize the cellular telephone number you used to subscribe to our text messaging campaign, you will immediately notify us of this change.
You hereby recognize and agree that any and all claims related to our text messages, including those that may arise after your relationship with BRANDON STRAKA AND UNSILENT MINORITY terminates, are bound by the Dispute Resolution provision contained herein.
All content delivered pursuant to your opt-in will be appropriate for individuals who are 18 years or older. By opting into our texting campaign, you hereby affirm you are at least 18 years of age or older.

Dispute Resolution and Arbitration

Except for temporary, preliminary, or permanent injunctive relief or any form of equitable relief as deemed necessary by us in our sole discretion, all disputes arising from or relating to these Terms of Use and Privacy Policy and the activities described herein, including those claims which may arise after the relationship between us allegedly terminates, shall be submitted to a single arbitrator for binding arbitration under proceedings conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. You further recognize and expressly agree that all claims related to these Terms and Conditions, Privacy Policy, and the activities specified herein shall proceed on an individual (non-class and non-representative) basis, that the presiding arbitrator is limited to awarding relief on an individual (non-class and non-representative) basis, and that the arbitration proceedings and any specified award shall remain confidential, except where disclosure may be necessary in connection with a court application for a preliminary injunction, judicial challenge to an award or enforcement thereof, or otherwise required by law or judicial decision. You acknowledge that by agreeing to these Terms and Conditions and Privacy Policy, you hereby knowingly and voluntarily waive any right you have to a jury trial, or an appeal to a state or federal court of appeal, concerning any dispute that may arise pursuant to this Terms and Conditions and/or Privacy Policy. YOU ACKNOWLEDGE ALL DISPUTES ARISING THERETO SHALL BE RESOLVED THROUGH BINDING ARBITRATION AND NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION. You further affirmatively waive your right to initiate and/or participate in any such proceedings as contemplated by this Dispute Resolution and Arbitration provision.

Governing Law

These Terms and Conditions and Privacy Policy, including the use of information (including personally identifiable information) provided or accessible through BRANDON STRAKA AND UNSILENT MINORITY, are governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws principles.

Use of Content

BRANDON STRAKA AND UNSILENT MINORITY and any and all content on or available throughout BRANDON STRAKA AND UNSILENT MINORITY, including without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, the “Content”) is owned by us or our content providers. Subject to these Terms and Conditions, the Content is protected by copyright under both United States and foreign laws and international treaties. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws or the rights of third parties. Content and features are subject to change or terminate without notice at our sole and exclusive editorial discretion. All rights not expressly granted herein are reserved to us. If you violate any of these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Limitation on Liability

When using BRANDON STRAKA AND UNSILENT MINORITY, information may be transmitted using a medium and/or jurisdiction beyond our control and jurisdiction and that of our suppliers. Accordingly, we assume no liability for any delay, failure, interruption or corruption of any data or other information transmitted in connection with use of BRANDON STRAKA AND UNSILENT MINORITY.

BRANDON STRAKA AND UNSILENT MINORITY and the Content are provided on an “AS IS” basis. WE AND OUR AFFILIATES, CLIENTS, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE, OUR AFFILIATES, CLIENTS, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA BRANDON STRAKA AND UNSILENT MINORITY, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, TRUTHFUL OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on BRANDON STRAKA AND UNSILENT MINORITY or any website with which it is linked. Price information and promotions are subject to change without notice. Without limiting the foregoing, we and our affiliates, clients, licensors and suppliers make no representations or warranties about the following:

The software, text, graphics, links, or communications provided on or through the use of BRANDON STRAKA AND UNSILENT MINORITY or related material from us.
The satisfaction of any government regulations requiring disclosure of information on any products (e.g. prescription drugs) with regard to the Content contained on BRANDON STRAKA AND UNSILENT MINORITY.

In no event shall we, our affiliates, clients, licensors, suppliers, or any third parties mentioned on BRANDON STRAKA AND UNSILENT MINORITY be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use BRANDON STRAKA AND UNSILENT MINORITY or the Content, or damage to your computer system due to viruses or other defects, whether based on warranty, contract, tort or any other legal theory, whether or not we advise you of the possibility of such damages. We are not liable for any personal injury, including death, caused by your use or misuse of BRANDON STRAKA AND UNSILENT MINORITY, Content or Communities (as defined below) or for any other breach by you of these Terms and Conditions. Any claims arising in connection with your use of BRANDON STRAKA AND UNSILENT MINORITY, any Content or the Communities must be brought within one (1) year of the date of the event giving rise to such action occurred, regardless of when such event becomes known. Any action not brought within one year from the date of the triggering event shall be barred, without regard to any other statute of limitations established by law. Your remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Submissions

By voluntarily submitting any information, communications, or content (including, but not limited to, identifying information, photos, videos, personal stories, anecdotes, and jokes) (each a “Submitted Item”) to this Site, through text message as discussed above, and/or Communities (as defined below), you agree such submissions are non-confidential for all purposes and you grant us and our affiliates, partners, and clients worldwide an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sub-licensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party, and the right to include your name and city of residence in connection with any such use. Each Submitted Item is also subject to such other terms and conditions as any of the affiliates, partners, and clients may specify for particular submissions. By submitting material to us or our affiliates, partners, and clients, you represent and warrant you have full authority to grant the rights set forth above and your material will not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. You further represent and warrant you have attained the legal age of majority in your state/province (18 in most states/provinces). A parent or guardian must submit on behalf of any minor. The submission of any Submitted Item in no way creates any obligation or duty on our part or the part of any affiliate, partner, or client to post or use such Submitted Item or to give you credit. We may contact you via phone, email or mail regarding your submission.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware BRANDON STRAKA AND UNSILENT MINORITY is not intended or designed to attract children younger than 13. We do not collect personally identifiable information from any person we actually know is a child younger than 13. To further learn about our privacy commitment, please refer to the Privacy Policy.

DMCA Notice and Customer Care

You agree you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on BRANDON STRAKA AND UNSILENT MINORITY. You should notify us promptly if you believe any materials on BRANDON STRAKA AND UNSILENT MINORITY, including advertisements, or materials available on or through links, frames, indexes and directories linked to BRANDON STRAKA AND UNSILENT MINORITY, infringe a third-party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please contact us at the address listed at the bottom of this section for copyright infringement notices only. If you have a question about us, a general inquiry, or need to contact us, please email us at support@brandonstraka.com.

To provide notice of claimed copyright infringement:

441 North Lee Street

Ste. 100

Alexandria, VA 22314

It is our policy to terminate contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.

The Online Communities

We may introduce within or linked to BRANDON STRAKA AND UNSILENT MINORITY various online communities, such as mail lists, comments, and/or other public forums (collectively, the “Communities”). The Communities are a service intended to provide you with forums for the free-flowing exchange of information and opinions. With your help, the Communities can be an informative experience for all. We encourage your participation but ask you to remember you are solely responsible for the content of messages you post or share. We do not and cannot review every message posted (but reserve the right to do so).

Please read the policies below carefully. If you cannot comply with these policies and the Terms and Conditions, please do not use the Communities. As a member of the Communities provided by us, you acknowledge and agree to the following:

Content available through the Communities is provided “AS IS,” and you are solely responsible for your reliance on and use of such content. We are not responsible for the consequences of any communications made through the Communities. In cases where you feel threatened or believe someone else is in danger, you should take appropriate action such as contacting your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
You are 18 years or older to participate.
The information you submit to the Communities shall not be deemed confidential and shall be publicly available to third parties. You agree not to reveal any private information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. Furthermore, you agree not to reveal the health or other private information of third parties without their knowledge and consent.
You agree not to upload to or distribute or otherwise publish through the Communities any content that is libelous, defamatory, obscene, pornographic, slanderous, threatening, harassing, or abusive, to any other person or entity, or is otherwise inappropriate or unlawful. You are solely responsible for the content of the messages you post. While we reserve the right to remove any objectionable posts that are in violation of these Terms and Conditions, we cannot review every post to ensure compliance. Any post that is removed by us is done in our sole discretion and may not be appealed.
You agree not to use the Communities for any purpose in violation of local, state, or federal laws or regulations.
You agree not to upload to or distribute or otherwise publish through the Communities any content that violates or infringes the copyright, trademark, or any other personal or proprietary rights of any third party.
Messages, information, or other materials posted to the Communities are subject to use by us and our licensees in any medium (now in existence or hereafter developed), for any purpose, in perpetuity without further notice or any compensation of any kind to you or any third party. The submission of such materials in no way creates any obligation or duty on our part to post or use such materials, or to give you any credit.
The Communities may be used only for non-commercial purposes. You agree not to, without our express and advance written approval, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
Your participation in the Communities is solely at your own risk. In addition to your obligations under the Indemnity section of these Terms of Service, you agree to indemnify, defend and hold harmless us, our affiliates, clients, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from any and all claims, liabilities, costs, damages or losses they may incur (including, without limitation, attorney’s fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you in the Communities. You agree to cooperate as fully as reasonably required in the defense of any such claim.
You agree not to disrupt the normal flow of dialogue, or post comments not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Communities or the Site, or which, in our sole judgment, exposes us or any of our affiliates, clients, licensors, licensees, or suppliers to any liability or detriment of any type.
You agree not to post chain letters or pyramid schemes; impersonate another person or allow another person or entity to use your identification for posting or viewing comments; distribute viruses or other harmful computer code; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same note more than once or “spam.”
If you become aware of a violation of these policies, please notify us by sending a detailed email message to support@brandonstraka.com. If you are writing to report a copyright infringement, please follow the procedure set forth in the section entitled “DMCA Notice” in these Terms of Service.

We reserve the right (but are not obligated) to do any or all of the following:

Investigate any allegation a communication(s) does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the communication(s).
Terminate a user’s access to any or all of the Communities and/or BRANDON STRAKA AND UNSILENT MINORITY upon any breach of these policies and/or the Terms and Conditions.
Monitor, edit or disclose any communication posted in the Communities.
Delete, move or edit communications determined, in our sole discretion, to be abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise illegal, disruptive, or otherwise unacceptable for any reason.
Record the dialogue submitted through the Communities.
Edit or delete any communication(s) posted in the Communities or anywhere on BRANDON STRAKA AND UNSILENT MINORITY, regardless of whether such communication(s) violate these standards.

We reserve the right to take any action we deem necessary to protect the personal safety of our users or the public. We have no liability or responsibility to users of BRANDON STRAKA AND UNSILENT MINORITY or the Communities or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements and Links to Other Sites

We do not endorse the content on any third-party websites. If included within BRANDON STRAKA AND UNSILENT MINORITY, we are not responsible for the content of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, and does not make any representations regarding their content, accuracy or non-infringement. We do not endorse any product advertised on BRANDON STRAKA AND UNSILENT MINORITY. Your use of third-party websites is at your own risk and subject to the terms of use of use for such sites. You should be aware both the terms of use and the privacy policies of linked sites may differ from ours.

Indemnity

You agree to defend, indemnify and hold harmless us, our affiliates, clients, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions, your submissions to BRANDON STRAKA AND UNSILENT MINORITY, your violation of any rights of another or applicable laws and regulations, or your use of any content on or accessible through BRANDON STRAKA AND UNSILENT MINORITY.

Trademarks

The tradenames, logos, titles, designs and trademarks under which we and our affiliates, clients, or licensors operate are trademarks of us, our affiliates, clients or licensors and are all proprietary to their respective owners. Except as may be specifically permitted in accordance with these Terms and Conditions, any use of such names, tradenames, logos, titles, designs and trademarks is strictly prohibited without the prior written consent of their respective owners.

General

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Dispute Resolution and Arbitration, Limitation on Liability, User Submissions, The Online Communities, Indemnity, General, Jurisdiction, and Complete Agreement.

We are based in the United States of America. We make no claim the Content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the Content may not be legal by certain persons or in certain countries. If you access BRANDON STRAKA AND UNSILENT MINORITY from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Service and our Privacy Policy constitutes the entire agreement between you and us with respect to the use of BRANDON STRAKA AND UNSILENT MINORITY and Content.

Thank you for your cooperation. We hope you find this Site helpful and convenient to use. If you have questions or comments regarding this Site, please contact us at support@brandonstraka.com.