Terms and Conditions of Use
The Americans for Prosperity Site is intended for exclusive use by persons who have reached the age of majority in their jurisdiction. By accessing or in any way using the Americans for Prosperity Site, you affirm that you have reached the age of majority and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. And you agree to abide by and comply with these Terms and Conditions.
Web site Content
All materials provided by Americans for Prosperity contained in the Americans for Prosperity Site (“Americans for Prosperity Content”) are the copyrighted property of Americans for Prosperity, unless otherwise attributed. Americans for Prosperity Content may be accessed, downloaded, printed or transmitted only for personal, non-commercial use. Americans for Prosperity Content may not be used or redistributed for commercial purposes. You may not, copy, reproduce, republish, upload, post, transmit, distribute, or otherwise use Americans for Prosperity Content in any way or for any other purpose without the prior express written permission of Americans for Prosperity. Additionally, you may not add, delete, distort, or misrepresent any Americans for Prosperity Content.
The trademarks used in the Americans for Prosperity Site are owned either by (1) Americans for Prosperity (including but not limited to AMERICANS FOR PROSPERITY, DEFENDING THE AMERICAN DREAM and NOVEMBER IS COMING) or (2) their respective trademark owners. The names of actual companies and products mentioned may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed anywhere on the Americans for Prosperity Site or in any Americans for Prosperity Content. All rights are reserved.
Any attempts to modify any Americans for Prosperity Content or to defeat or circumvent the Americans for Prosperity Site’s technical security measures without the prior express written permission of Americans for Prosperity is prohibited.
You agree not to use the Americans for Prosperity Site to:
- Upload, post, e-mail, transmit, or otherwise make available anything:
- That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information, and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- That infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Upload, post, e-mail, transmit, or otherwise make available anymaterial or communications that may be deemed to be electioneering communications within the meaning of applicable federal law;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Post 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;
- Interfere with or disrupt the Americans for Prosperity Site or servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Americans for Prosperity Site;
- Launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers” that accesses the Web site in a manner that sends more request messages to the Americans for Prosperity Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser;
- Notwithstanding the foregoing, Americans for Prosperity grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Americans for Prosperity reserves the right to revoke these exceptions either generally or in specific cases.
- Violate any applicable local, state, national, or international law, intentionally or unintentionally;
- Stalk or otherwise harass another; and/or
- Collect or store personal data about users.
Americans for Prosperity reserves the right to remove any and all Americans for Prosperity Content, user-submitted content, and/or any other content related to the Americans for Prosperity Site at any time without prior notice. Further, Americans for Prosperity reserves the right to deny access to any user at any time without any prior notice for violation of these Terms and Conditions.
Disclaimer of Warranties
You agree that your use of the Web site shall be at your sole risk. To the fullest extent permitted by law, Americans for Prosperity, its affiliates, officers, directors, employees, trustees, and agents, disclaim all warranties, express or implied, in connection with the Web site and your use thereof. Americans for Prosperity makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Americans for Prosperity Site;
- Any unauthorized access to or use of Americans for Prosperity’s secure servers and/or any and all personal information and/or financial information stored therein;
- Any interruption or cessation of transmission to or from the Americans for Prosperity Site;
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Americans for Prosperity Site by any third party;
- And/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Americans for Prosperity Site.
Americans for Prosperity does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked Web site or featured in any banner or other advertising, and Americans for Prosperity will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
Americans for Prosperity, its affiliates, officers, directors, employees, trustees, and agents, will not be liable for any damages or injury that accompany or result from your use of this site. In no event shall Americans for Prosperity, its affiliates, officers, directors, employees, trustees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:
- Any errors, mistakes, or inaccuracies of content;
- Any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Web site;
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- Any interruption or cessation of transmission to or from our Web site;
- Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Web site by any third party; and/or
- Any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Americans for Prosperity is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Americans for Prosperity will not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Americans for Prosperity Site is controlled and offered by Americans for Prosperity from its facilities in the United States of America. Americans for Prosperity makes no representations that the Americans for Prosperity Site is appropriate or available for use in other locations. Those who access or use the Americans for Prosperity Site from other jurisdictions do so at their own risk, according to their own volition, and are responsible for compliance with local law.
Certain state laws may not allow Americans for Prosperity to limit or exclude liability for incidental or consequential damages. If you live in a state whose laws in some cases prohibit limitation or exclusion of incidental or consequential damages, some or all of the above limitation arguably may not apply to you. But, in any event, Americans for Prosperity’s liability to you for any and all losses, damages, injuries, and claims of any kind will not be greater than the amount you paid to access the Americans for Prosperity Site.
Submitting Your Content to the Site
Any content submitted to this site, including but not limited to remarks, suggestions, ideas, graphics, avatars, or comments, becomes and remains property of Americans for Prosperity, even if this agreement is later terminated. Any and all such submitted content is subject to these Terms and Conditions.
Americans for Prosperity expressly prohibits any and all submissions of the following content:
- Nudity, pornography, and sexual material of a lewd, lecherous, or obscene nature or intent or that violates local, state, or national laws;
- Any material, including but not limited to remarks, suggestions, ideas, graphics, avatars, or comments, that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright, patent, or trademark rights;
- Any material or communications that may be deemed to be lobbying or electioneering communications within the meaning of applicable federal law.
- Any material that is unlawful, harmful, threatening, abusive, harassing, tortious, slanderous, defamatory, vulgar, obscene, profane, libelous, false or inaccurate, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable, including posting private information belonging to or about other individuals;
- Content that promotes, encourages, or provides instructional information about illegal activities;
- Hate propaganda or hate mongering, swearing, or fraudulent material or activity.
If any portion of the content posted by any visitor is found by Americans for Prosperity to be in violation of any website policy, including these Terms and Conditions, at any time, Americans for Prosperity reserves the right to modify or remove such content or delete such submissions at any time without prior notice.
Warranty: By submitting content to Americans for Prosperity servers, you represent and warrant that all submitted content complies with all applicable Web site policies, including these Terms and Conditions. Further, by submitting content, you represent and warrant that you own the copyright in all submitted content and have all necessary permissions from any persons or places depicted therein to upload the content and to grant to Americans for Prosperity an irrevocable license to use the submitted content according to Americans for Prosperity’s sole discretion, including but not limited to use in connection with third-party social networking or video Web sites such as Facebook.com, Twitter.com, or YouTube.com or any other Web site Americans for Prosperity deems appropriate. You warrant that Americans for Prosperity need not treat any such submitted content as confidential, and you agree that you cannot and will not sue Americans for Prosperity for using or republishing in any manner any content or ideas you submit.
Grant of Rights/License: By submitting content to the Americans for Prosperity Site, you grant Americans for Prosperity (and its successors, assigns, licensees, agents, and affiliates) an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell such content in any format either now known or hereafter created, and to use any information identifying the author provided in connection with that content, wholly in accordance with Americans for Prosperity’s subjective discretion. You expressly grant Americans for Prosperity the right to share or repost any such submitted content in any altered or unaltered form, without any further authorization from you, to affiliates, entities under agreement with Americans for Prosperity and other Web sites, including but not limited to, Facebook.com, Twitter.com, and YouTube.com.
DMCA Notice and Takedown
As required by the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material or content on the Americans for Prosperity Site infringes your copyright, you must send a notice of claimed infringement to Americans for Prosperity’s Designated Agent at the following address:
Americans for Prosperity
2111 Wilson Blvd., Suite 350
Arlington, VA 22201
Phone: (703) 224-3200
Fax: (703) 224-3201
Email: firstname.lastname@example.org (use “Legal Counsel” in subject line)
Written Notice: To be effective under Section 512(c)(3)(A), you must provide Americans for Prosperity a written notification that includes the following elements:
- A description of each work claimed to have been infringed, including any relevant information about the infringing activity;
- A description of the location on the Americans for Prosperity Site (or, if the infringing information is located on another Web site linked to through the Americans for Prosperity Site, information about the location of the link or reference on the Americans for Prosperity Site) where the alleged infringement is occurring, providing sufficient detail to allow Americans for Prosperity to locate the infringing material;
- Your name, address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the above information is accurate and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
- Your physical or electronic signature.
Americans for Prosperity does not permit copyright infringing activities and infringement of intellectual property rights on the Americans for Prosperity Site, and Americans for Prosperity will remove the infringing content if properly notified of infringement. As stated above, Americans for Prosperity reserves the right to remove any and all content and user submissions without prior notice.
Counter-Notice: If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to Americans for Prosperity’s Legal Counsel:
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Arlington, Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
- Your physical or electronic signature.
If a counter-notice is received by the Americans for Prosperity’s Legal Counsel, Americans for Prosperity may send a copy of the counter-notice to the original complaining party informing that person that he or she may replace the removed content or that Americans for Prosperity will cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Americans for Prosperity’s sole discretion.
Links to Other Sites
The Americans for Prosperity Site may contain hyperlinks to Web sites operated by third parties. You agree not to hold Americans for Prosperity responsible for the content or operation of any and all such outside Web sites. A hyperlink from the Americans for Prosperity Site to another Web site does not imply or mean that Americans for Prosperity endorses the content on that Web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may or should use any content located at any other Web sites to which you might link from the Americans for Prosperity Site. Additionally, any link to a third-party site submitted or posted by you must not in any way represent that you have received the endorsement, sponsorship or support of Americans for Prosperity or Americans for Prosperity’s respective employees, agents, or directors.
You agree to indemnify and hold harmless Americans for Prosperity, its affiliates, related parties, officers, directors, employees, trustees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the Americans for Prosperity Site or service, your submission of content, your violation of any applicable law or these Terms and Conditions of Use, or any other violation of the rights of another person or party.
Americans for Prosperity or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all the Americans for Prosperity Site, and (b) all related documentation and all copies and installations. Americans for Prosperity may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy any and all such materials.
This is the entire agreement between the parties relating to the use of the Americans for Prosperity Site.
The above Terms and Conditions will be governed by the law of the Commonwealth of Virginia, U.S.A, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this site shall be filed only in the state or federal courts located in the Commonwealth of Virginia.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Americans for Prosperity without restriction.
You and Americans for Prosperity agree that any claim or cause of action arising out of or related to the Web site must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.
If you need to contact Americans for Prosperity, please see the following information:
Americans for Prosperity
2111 Wilson Blvd., Suite 350
Arlington, VA 22201
Phone: (703) 224-3200
Fax: (703) 224-3201