Thank you for visiting Vicitimsawareness.com. This website provides general information and resources to consumers about lawsuits and legal topics.
We reserve the right to terminate or limit your access to the websites for any violation of these Terms, or for any other reason, at our sole discretion.
1. Legal Notices and Disclaimers
(A) No Attorney-Client Relationship is Created by Your Use of the Websites:
Visiting and obtaining information from this website and/or submitting information for review by a law firm through this website does not create, nor should it be considered or relied upon as creating, an attorney-client relationship. An attorney-client relationship between the client and law firm may only be established pursuant to a written agreement that sets forth the terms of the relationship and has been signed by both the client and an authorized representative of the law firm. Any information you submit via the websites will not be considered confidential and may be subject to applicable disclosure and reporting requirements, as required by law.
(B) You Should Not Rely on the Information Contained on the Websites:
The information provided on the websites is general in nature and does not apply to any particular factual, legal, medical, financial, insurance, or other situation. As such, you should not rely on any information on our websites, and should seek professional advice as you determine appropriate. In particular, you should consult personally and directly with:
Any opinions expressed may not reflect the opinions of the Organization or any individual attorney. Although we strive to keep the content on the websites relevant and useful, laws are often changing, and we cannot guarantee that all of the content is complete, accurate or current.
2. Third Party Sites; Dealings with Third Parties
(A) Third-Party Content and Sites:
The websites, including User-Generated Content (defined below), may contain links to third-party sites and ads (collectively, “Third-Party Sites”) that are not owned, controlled or operated by the Organization, including Third-Party Sites operated by advertisers, licensors, licensees, and other third parties such as our service providers or parties who have business relationships with the Organization. The Organization may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and the Organization does not assume any obligation to review any Third-Party Sites. The Organization does not endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services or other items. Furthermore, the Organization is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites. Any activities you engage in in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites
(B) Dealings with Third Parties:
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the websites (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like).
3. User Accounts
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that you will:
- You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive.
We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion;
- You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and maintain and update such information continuously and promptly to keep it accurate, current, and complete;
- You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;
- You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the websites using your name, username, or password;
- You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and
- You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
4. Content You Submit and Community Usage Rules
(A) User Generated Content
(B) Community Rules. As a user of the websites, these Community Rules (“Community Rules”) are here to help you understand the conduct that is expected of members of the websites’ blogs, rating functionality and similar places where you can post comments on the websites (collectively, “Communities”).
(i) Nature of Rules: Your participation in the Communities is subject to all of the Terms, including these Rules:
- Your User-Generated Content: All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms
- No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family: If you choose to submit photos to the websites, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
- Act Appropriately: All of your activities on the websites must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the websites. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
- Do Not Use for Commercial or Political Purposes: Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
- Do Not Use for Inappropriate Purposes: Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
- Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content: Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
- Others Can See: We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and User-Generated Content that you submit on the Service within a Community may be accessible and view-able by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
- Don’t Share Other Peoples’ Personal Information: Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by the Organization.
- Don’t Damage the Websites or Anyone’s Computers or Other Devices: Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the websites or any computer or other Device (as defined in Paragraph 5(C) below).
If you submit User-Generated Content that the Organization reasonably believes violates these Rules, then we may discontinue your access to the websites without prior notice to you and take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law.
(ii) Your Interactions with Other Users; Disputes: You are solely responsible for your interaction with other users of the websites, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
(C) Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to: firstname.lastname@example.org. For alleged infringements of copyright, see Section 11 below.
5. Content, Ownership, Limited License & Limitations on Use and Rights of Others
(A) Content The websites contain a variety of:
(i) materials and other items relating to the Organization and its products and services, and similar items from our licencors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, articles, books, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the websites, and the compilation, assembly, and arrangement of the materials of the websites and any and all copyright-able material (including source and object code)
(ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of the Organization (collectively, “Trademarks”); and
(iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
(B) Ownership by the Organization The websites (including past, present, and future versions) and the Content are owned or controlled by the Organization and our licencors and certain other third parties such as our affiliates. All right, title, and interest in and to the Content available via the websites is the property of the Organization or our licencors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. The Organization owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the websites. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
(C) Limited License and Right to Use the Websites and Content: Subject to your strict compliance with these Terms, you are hereby granted a non-exclusive, revocable, non-assignable, and non-transferable license to download (temporary storage only), display, view, use, and/or play the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device“)
(i) solely for your personal, informational, non-commercial purposes only,
(ii) on the terms herein,
(iii) provided that you do not modify or alter the Content in any way, and
(iv) provided that you do not delete or change any copyright or trademark notice.
The foregoing limited license:
(i) does not give you any ownership of, or any other intellectual property interest in, any Content, and
(ii) may be immediately suspended or terminated for any reason, in the Organization’s sole discretion, and without advance notice or liability. Except as expressly provided herein, no part of the websites, including, but not limited to, Content retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
(D) Rights of Others: In using the websites, you must respect the intellectual property and other rights of the Organization and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. The Organization respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the websites, then please see Section 11.
6. Restrictions on Use
(A) Use Restrictions for the Websites:You agree that you will not:
(i) reverse engineer, decompile, disassemble, reverse assemble, or modify any websites’ source or object code or any software or other products, websites, or processes accessible through any portion of the websites
(ii) engage in any activity that interferes with a user’s access to the websites or the proper operation of the websites, or otherwise causes harm to the websites, the Organization, or other users of the websites
(iii) interfere with or circumvent any security feature of the websites or any feature that restricts or enforces limitations on use of or access to the websites, the Content, or the User-Generated Content
(iv) harvest or otherwise collect or store any information (including personally identifiable information about other users of the websites, including e-mail addresses, without the express consent of such users)
(v) attempt to gain unauthorized access to the websites, other computer systems or networks connected to the websites, through password mining or any other means; or
(vi) otherwise violate these Terms.
(B) Content Use Restrictions: You also agree that, in using the websites:
(i) you will not monitor, gather, copy, or distribute the Content(except as may be a result of standard search engine activity or use of a standard browser) on the websites by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind
(ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout)
(iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content
(iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licencors products, websites, or brands
(v) you will not make any modifications to such Content; and
(vi) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
(C) Availability of Websites and Content: The Organization may immediately suspend or terminate the availability of the websites and Content (and any elements and features of them), in whole or in part, for any reason, in the Organization’s sole discretion, and without advance notice or liability.
(D) Reservation of All Rights Not Granted as to the Content and Websites: These Terms include only narrow, limited grants of rights to Content and to use and access the websites. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by the Organization and its licencors and other third parties.
Any unauthorized use of any Content or the websites for any purpose is prohibited.
7. Disclaimer of Representations and Warranties
“Covered Parties” means the Organization (including its parents, subsidiaries and affiliated and other related entities), its listees, business partners, co-counsel, and other entities participating in the websites, and its and their officers, directors, partners, shareholders, principals, managers, members, employees, contractors, attorneys, agents, successors and assigns.
your access to and use of the websites is at your sole risk. the websites are provided on an “as is,” “as available” and “with all faults” basis and the covered parties expressly disclaim all warranties, express or implied, including the warranties of merchant-ability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
without limiting the generality of other terms herein, the covered parties also disclaim all warranties, responsibility and liability for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
(a) any errors in or omissions from the websites, the functions, features, or any other elements on, or made accessible through the websites (and their content), including, but not limited to, technical inaccuracies and typographical errors
(b) user-generated content, including, but not limited to, any errors or omissions therein or any security associated with the transmission of your user-generated content to or via the websites
(c) any third party websites or content therein directly or indirectly accessed through links in our websites, including, but not limited to, any errors or omissions therein
(d) the unavailability of the websites or any portion thereof
(e) your use of the websites
(f) any software you may download from our websites or third-party sites
(g) whether the websites or the servers that make the websites available are free from any harmful components (including viruses, trojan horses, and other technologies that could adversely impact your device)
(h) whether the information (including any instructions) on the websites is accurate, complete, correct, adequate, useful, timely or reliable; (i) whether your access to the websites will be uninterrupted
(j) whether the websites will be available at any particular time or location
(k) whether your use of the websites is lawful in any particular jurisdiction
(l) your use of any equipment or software in connection with the websites; and
(m) any data security breach or disclosure of any personal information submitted at the websites.
Bloggers on behalf of the Organization may be compensated. Some photos on the websites are of models and not of clients or Organization personnel and may be simulations of actual scenes. Services performed by our Organization may be performed by lawyers other than those who are in such photos. Any testimonials or endorsements contained on the websites do not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.
8. LIMITATIONS OF OUR LIABILITY
under no circumstances will any of the covered parties be responsible or liable for any loss or damages of any kind, including injury to persons or property or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the websites (including the Content and the User-Generated Content), whether arising from alleged negligence, breach of contract or defamation;
- your use of or inability to use the websites, or the performance of the websites;
- any action taken in connection with an investigation by the Covered Parties or law enforcement authorities regarding your access to or use of the websites;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the websites’ technical operation, including data security breaches or disclosures of any personal information submitted at the websites; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Covered Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the websites).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $100.00; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
9. Governing Law
These Terms are to be governed by and construed in accord with the laws of the District of Columbia, USA, without regard to choice of law principles.
10. Dispute Resolution
Certain portions of this Section 10 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and the Organization agree that we intend that this Section 10 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 10 can only be amended by mutual agreement.
(A) First – Try to Resolve Disputes: If any controversy, allegation, or claim arises out of or relates to the websites, the Content, your User-Generated Content, or these Terms, whether heretofore or hereafter arising (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 10(A). Your notice to us must be sent to: Victims Awareness, 30 N Gould St Ste R Sheridan, WY 82801, Attn: Legal Dept. For a period of sixty (60) days from the date of receipt of notice from the other party, the Organization and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or the Organization to resolve the Dispute on terms with respect to which you and the Organization, in each of our sole discretion, are not comfortable.
(B) Alternative Dispute Resolution; Forums: All Disputes which cannot be resolved amicably by the parties shall be determined by final and binding arbitration administered by the American Arbitration Association – AAA in accordance with its Commercial Arbitration Rules based upon the following:
- The place of arbitration shall be Washington, DC, and the language of arbitration shall be English.
- The number of arbitrators shall be one (1), to be appointed by mutual agreement of the parties. If the parties fail to agree on the appointment of the sole arbitrator, a panel of three (3) arbitrators shall be formed. Each party shall appoint one (1) arbitrator and such party-appointed arbitrator shall jointly designate the presiding arbitrator. Unless otherwise agreed in writing by the parties, one shall only be eligible for nomination as the presiding arbitrator if he/she has extensive familiarity with the laws of the District of Columbia and has experience in the aviation industry.
- The parties grant the arbitrator(s) jurisdiction to rule on the arbitrability of the dispute and on repose, statute of limitations or any other time-barrier raised by either party.
- The arbitral award shall indicate a time-limit for voluntary compliance by the defaulting party, and shall set a daily fee and post-award interests to accrue thereafter against the non-compliant party.
- Either party may seek interim, conservatory, security and emergency measures of protection, and injunctive relief in any court of competent jurisdiction in support of arbitration (urgent relief). For the purposes of this provision, the parties hereby consent to the non-exclusive jurisdiction of the United States District Court for the District of Columbia, USA or the Courts of the District of Columbia. the parties waive the right of jury trial, if applicable; and further waive any right that it may have to assert the defense of forum non-convenient in any such suit in support of arbitration.
- The costs, fees and expenses (including without limitation expenses incurred with legal representation and compensation of the arbitrator(s)) shall be apportioned between the parties in accordance with prevailing party / defaulting party ratio, and shall be reimbursed by the defaulting party to the prevailing party after set off.
(C) Federal and State Courts in the District of Columbia: Except to the extent that arbitration is required in Section 10(B), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in District of Columbia. Accordingly, you and the Organization consent to the exclusive personal jurisdiction and venue of such courts for such matters.
(D) Injunctive Relief: The provisions of Section 10(A) and 10(B) will not apply to any legal action taken by the Organization to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the websites, any Content, your User-Generated Content and/or the Organization’s intellectual property rights (including such that we may claim that may be in dispute), and/or the Organization’s operations.
11. Digital Millennium Copyright Act
Notification. If you are a copyright owner or an agent thereof and believe that any Content at the websites, including any User Generated Content, infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our websites
- a description of the location on the websites of the allegedly infringing material(s); (iv) your address, telephone number, and email address
- a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The Organization’s designated Copyright Agent for notice of claims of infringement is:
c/o General Counsel
Victims Awareness, 30 N Gould St Ste R Sheridan, WY 82801
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Organization’s customer service through our Client Services Department. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Counter-Notification. If you believe that any User Generated Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Generated Content, you may send a counter notification containing the following information to the Copyright Agent:
- your physical or electronic signature
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled
- a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material
- your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in Washington, DC and a statement that you will accept service of process from the person who provided notification of the alleged infringement
If a counter notification is received by the Copyright Agent, the Organization may send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, the Organization may, in appropriate circumstances, terminate access, at the Organization’s sole discretion, of any user that we find to be a repeat infringer of others copyrights. The Organization may also, in its sole discretion, limit or fully terminate access to the websites of any user infringing the intellectual property rights of others, regardless of whether such user is a repeat offender or not.
13. Waiver of Injunctive or Other Equitable Relief
if you claim that you have incurred any loss, damages, or injuries in connection with your use of the websites, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. this means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, user-generated content, product, service, or intellectual property owned, licensed, used or controlled by the organization (including your licensed user-generated content) or a licencor of the organization.
14. Updates to Terms
15. General Provisions
(A) The Organization’s Consent or Approval. As to any provision in these Terms that grants the Organization a right of consent or approval, or permits the Organization to exercise a right in its “sole discretion,” the Organization may exercise that right in its sole and absolute discretion. Note that the Organization’s consent or approval may be deemed to have been granted by the Organization without being in writing and signed by an officer of the Organization.
(B) Indemnity: You agree to, and you hereby, defend, indemnify, and hold the Covered Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Covered Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:
(i) your User-Generated Content
(ii) your use of the websites and your activities in connection with the websites
(iii) your breach or alleged breach of these Terms
(iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the websites or your activities in connection with the websites
(v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity
(vi) any misrepresentation made by you; and
(vii) the Covered Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Covered Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, the Covered Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Covered Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Covered Party. The indemnity does not apply to events arising directly from an attorney-client relationship, if any, that may be entered between you and the Organization on the terms described herein.
(C) Operation of Websites; Availability of Products and Services; International Issues: The Organization controls and operates the websites from its U.S.-based offices in the U.S.A., and the Organization makes no representation that the websites are appropriate or available for use beyond the U.S.A. If you use the websites from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
(D) Sever-ability; Interpretation: If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed sever-able from these Terms, and the invalidity of the provision will not affect the validity or enforce-ability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation”. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
(E) Communications: When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(F) Investigations; Cooperation with Law Enforcement; Termination; Survival: The Organization reserves the right, without any limitation, to
(i) investigate any suspected breaches of its websites’ security or its information technology or other systems or networks
(ii) investigate any suspected breaches of these Terms
(iii) investigate any information obtained by the Organization in connection with reviewing law enforcement databases or complying with criminal laws,
(iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters,
(v) prosecute violators of these Terms, and
(vi) discontinue the websites, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, including any user Accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to the Organization under these Terms or any Additional Terms. Upon suspension or termination of your access to the websites, or upon notice from the Organization, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the websites. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to the Organization in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
(G) Assignment: The Organization may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of the Organization.
(H) No Waiver: Except as expressly set forth in these Terms, (i) no failure or delay by you or the Organization in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Effective Date: These Terms were last revised on May 8, 2019.