23 May 2013
Published 23 May 2013
CHANGES TO TERMS
We may update these Terms from time-to-time and may amend them at any time to incorporate additional terms specific to additional features, materials, information, products, opportunities, or services that we may make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time, without prior notice to you.
ACCESS AND USE
In these Terms, “you” refers to an individual accessing the Site, regardless of the particular features, materials, information, opportunities, or services made available on the Site that you choose to browse, use, or take advantage of. To the extent applicable (and excluding your signature on any Petition that must be signed by individuals), “you” also includes the legal entity (your “Organization”), if any, on whose behalf you are accessing the Site. You represent and agree that all information that you provide to us in connection with your access to and use of the Site is, and shall be, true, accurate and complete to the best of your knowledge, ability and belief. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Site and removal of your information from a Petition.
US RESIDENTS ONLY
Before continuing to access and use this Site, you must obtain all required consents and approvals from your Organization and from any customers, clients and other third-parties who may be affected by, or may need to consent to your access and use of the Site and any of the features, materials, opportunities and services provided through the Site, whether such consents and approvals are required by law or otherwise.
We take such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.
We respect the intellectual property rights of others and expect you to do the same. We have expended substantial time, effort and funds to create the Site and to collect and provide the features, materials, opportunities and services that are available on or through the Site. You understand and agree that we own, or (where required, appropriate, or applicable have licensed, all right, title and interest in and to the Site and the features, materials, opportunities and services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms.
All trademarks in the Site are the property of their respective owners. “Stop The NRA” is a trademark of StopTheNRA.com, Inc. and its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All page headers, custom graphics, button icons and scripts are service marks, trademarks, or trade dress of the Company or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Other trademarks, product names, and company names and logos displayed on the Site are the property of their respective owners.
Company reserves all rights in any patents and all rights in any trade secrets and proprietary rights created through the Site. No transfer or grant of right under any patents is made or is to be implied by any provision of these Terms.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of the Site or by Company, please provide written notice to Company’s designated agent for notice of claims of copyright infringement by sending an email to firstname.lastname@example.org.
Your written notice must:
Ø contain your physical or electronic signature;
Ø identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material;
Ø contain adequate information by which we can contact you (including mailing address, telephone number and e-mail address);
Ø contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; and
Ø contain a statement that the information in the written notice is accurate.
Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.
USE OF CONTENT
Company grants you a limited, nonexclusive, personal license to access and make personal use of the Site and the Content solely for the purpose of participating in Petitions. Any other access to or use of the Site or the Content constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. The Content is provided exclusively with the understanding that Company is not thereby engaged in rendering professional advice or services to you. Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Site or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Site or the Content or access to or use of the Site or the Content.
In connection with access to and use of the Site by you and by any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Without limiting the foregoing, you specifically agree that you will not interfere in any way with the proper functioning of the Site or any Petition, including knowingly providing false information in connection with any Petition or using any automatic, electronic or manual process to overburden or impair the operation of the Site. Any attempt to provide any false information or otherwise interfere with the operation of the Site or the validity or availability of a Petition is expressly prohibited and may subject you to criminal and civil liability.
For your convenience, certain hyperlinks may be provided on the Site that link to other Web sites which are not under our control. We do not endorse or sponsor such Web sites and are not responsible for the availability, accuracy, content, or any other aspect of such Web sites. We disclaim all liability for such Web sites, for all access to and use thereof, and for use of the links to such Web sites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third-party. Your use of other Web sites, and any purchases of products or services, volunteering of time or services, or making of charitable contributions through other Web sites, is subject to the terms and conditions of such other Web sites. You agree that you will bring no suit or claim against the Company arising from or based upon any such use of other Web sites. Hyperlinks to other Web sites that are provided on the Site do not imply that: (a) the Company is affiliated or associated with any linked sites; (b) the Company is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of the Company.
LINKS TO THE SITE
Without our express, prior, written permission, it is expressly prohibited to: (a) “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (b) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to the Company or any entity that is affiliated or associated with the Company; or (c) otherwise imply or state that any type of relationship or special arrangements exist with the Company and any other entity. Use of any of our logos or trademarks as a hyperlink “button,” or in any other manner, is permitted; however, you agree that you will promptly remove any hyperlink to the Site upon our written request to you.
Although we strive to make the Site, the Content and the features, materials, information and services provided through the Site reasonably helpful, useful, reliable and current, you understand and agree that your access to and use of the Site, the Content and all materials, products, information and services available through the Site and the Company are at your own initiative and risk. We do not promise, covenant, represent, warrant, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site, or obtain any other product or service in connection with use of the Site. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, or anything else that you submit to or through the Site or to the Company in any other way, or that you access, use, download, or otherwise obtain on or through the Site or by or through the Company, are: (a) up-to-date, accurate, complete, reliable, truthful and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH THE COMPANY ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, YOUR ORGANIZATION, OR ANY THIRD-PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH THE COMPANY ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE Company, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE INFORMATION, MATERIALS AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH the Company; (B) THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET; (C) the Company’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU, YOUR ORGANIZATION, OTHER USERS OF THE SITE, OR OTHER THIRD-PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY NOT-FOR-PROFIT ORGANIZATIONS; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES VOLUNTEERED, OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR YOUR ORGANIZATION, OR BY ANY NOT-FOR-PROFIT ORGANIZATION OR OTHER THIRD-PARTY, IN CONNECTION WITH THE SITE OR ITS USE. UNDER NO CIRCUMSTANCES SHALL the Company, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, ANY NOT-FOR-PROFIT ENTITY, OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF Company, EVEN IF the Company WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the Company, its contractors, suppliers, CONTENT-PROVIDERS, and other SIMILAR ENTITIES, and the officers, directors, employees, REPRESENTATIVES and agents of each of the foregoing, shall be limited in accordance with THESE TERMS to the fullest extent permitted by law. Without limiting any of the foregoing, if the Company, its contractors, suppliers, CONTENT-PROVIDERS, OR other SIMILAR ENTITIES, OR ANY OF the officers, directors, employees, REPRESENTATIVES, OR agents of ANY of the foregoing, is found liable to you or TO any third-party AS A RESULT OF any claims or OTHER matters arising under or in connection with THESE TERMS, THE SITE, OR THE USE OF THE SITE, the Company and such parties’ CUMULATIVE, aggregate and maximum liability for all such CLAIMS AND OTHER matters in any calendar year shall not exceed $100. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
You agree to indemnify, defend and hold the Company, and the officers, directors, employees and agents of the Company, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), brought by any third-party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the Site or the Company, your access to and use of the Content, the Site and other materials, products and services available on or through the Site and the Company, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
QUESTIONS REGARDING THE SITE OR THESE TERMS
Please contact us with any questions regarding the Site or these Terms by e-mail at email@example.com