Last updated:  January 09, 2018

  1. Introduction

Welcome to the Citizens of the American Republic website located at www.citizensoftheamericanrepublic.org (the “Website”), owned and provided by Citizens of the American Republic (hereinafter “CAR” “we,” “us” or “our”). These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to use of the Website.  By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms of Use.  You further acknowledge and agree that CAR makes these Terms of Use and future agreements with you by electronic means and that such agreements have the same legal effect as agreements entered into on paper and are authentic and valid.

If you do not agree to abide by these Terms of Use, please do not use this Website and discontinue use of the Website.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see Section 14 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 14(E).  Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

  1. Changes to these Terms of Use.

We reserve the right, in our sole discretion, to amend these Terms of Use, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms of Use from time to time when you use our Website to determine if any changes have been made.  If we make any material changes to these Terms of Use, we will post the new Terms of Use on the Website at least thirty (30) days prior to the effective date of the new Terms of Use.  You can determine when the Terms of Use were last revised by referring to the “Last Updated” notation above. If you do not agree with the proposed changes, you should discontinue your use of the Website prior to the time the new Terms of Use take effect.   If you use the Website after the amended Terms of Use have been posted, you will be deemed to have agreed to the amended Terms of Use.  If any of the provisions of these Terms of Use are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.

  1. Privacy Statement

Please see our Privacy Statement to understand how we collect, use, retain and share information about you.  By accessing or using the Website, you also are signifying your acknowledgement of our Privacy Statement [Draft Note – This reference should include a hyperlink to the Privacy Statement.].

  1. Affirmative Representations Regarding Your Use of the Website

When you use the Website, you represent that: (a) your use of the Website and your use of services available on the Website do not violate any applicable laws or regulations; and (b) you are 18 years of age or older and have legal capacity to legally enter into these Terms of Use.

  1. User Responsibilities; Prohibited Use

As a condition of your use of the Website, you agree not to engage in the following actions:

  • use the Website for any purpose that is in violation of any applicable local state, federal law or regulation, or prohibited by this Terms of Use;
  • take any action, or use the Website in any manner, which could damage, disable, overburden or impair the use of the Website, or interfere with any other party’s use and enjoyment of the Website;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures on the Website;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, including through the use of any spiders, robots, scrapers, crawlers, avatars, data mining or any scraping technology;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;
  • copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to America First or third-party content (“Content”) from the Website. Search result pages may be printed for individual use;
  • resell Content from the Website for any purpose, or provide it to third parties by gift, copying on a charge basis, copying on a no charge basis, copying on a no charge or “cost recovery” basis, loan, rental, service bureau, external time sharing or similar arrangement;
  • upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents; and
  • encourage or enable any other individual to do any of the foregoing.

 

  1. License and Use

The Website and all of its features and functionalities (including but not limited to all information, text, displays, images, video and audio, and the design selection and arrangement therefore) and all of the Content are owned by CAR, its licensors, and other providers of such material and are protected by United States and International copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.  All rights related to the same are reserved.

Subject to your compliance with these Terms of Use, we grant you a personal, limited, revocable, nonexclusive and nontransferable license to view, access and use the Website and its Content, solely for your personal and non-commercial use.  No other right, title interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us.  You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, rent, sell or participate in any sale of or exploit in any way, in whole or in part, except:

  • As expressly authorized by CAR
  • To share the Website or updates of the Website, or to link to a reasonable number of pages of the Website, provided you do so in any that is fair and legal and does not damage our reputation or take advantage of it, and provided you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. We reserve the right to withdraw linking permission in our sole discretion and without notice.

The above permissions are granted on the conditions that:

  • You do not remove or modify any copyright, trademark or other proprietary notices of disclaimers from Content or copies of materials from the Website.
  • Your use of the Content does not imply that CAR endorses, sponsors or is affiliated with any product, service, person or entity.
  • You do not modify, decompile or reverse engineer any Content;
  • You do not use any illustrations, photographs, video or audio sequences or any graphics without permission from CAR; or

 

  1. CAR Intellectual Property Rights

 

You acknowledge that the Website and its Content may be protected by copyright, trademarks, trade secrets, or other proprietary rights owned by, controlled or licensed by or to us, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or later developed.  You also acknowledge that the Website is and shall remain our property.

 

All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the Content may be a violation of applicable trademark and/or copyright laws and could subject the copier to legal action.

 

You agree to comply with all intellectual property rights laws and you shall not encumber any interest in, or assert any rights to, any Content from the Website.

 

  1. Advertisements, Promotions, and Third Party Links

CAR may run advertisements and promotions from third parties on the Website.  Your interaction with any applicable third party advertisers on or through the Website, including any payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with these dealings, are solely between you and the applicable third party. CAR is not responsible or liable for any damages of any sort arising from or relating to any dealings as a result of the presence of applicable third party advertisements or promotions on the Website.  Please note that advertisers on the Website may collect information from you while you are using our Website as described in our Privacy Statement.

The Website may contain hyperlinks or references to other websites (“TPLinks”) operated by third parties.  The TPLinks are not under our control, and we are not responsible for the information, products or services, or for the content of any TPLinks site .  We are providing these TPLinks to you only as a convenience, and the inclusion of any link does not imply an endorsement of the TPLink or any association with its operators by us.  Your use of these TPLinks is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to TPLinks.

THESE TERMS OF Use DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE Website, YOU SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

  1. Disclaimer of Warranties

You acknowledge and agree that the Website and its contentare provided on an “as is” and “as available” basis.  Your use of the Website is at your sole risk. To the Fullest extent permitted by applicable law, CAR and its affiliates and their respective officers, directors, managers, partners, members, employees, and agents (collectively “related persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the website and the content, including any representations or warranties with respect merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness timeliness, functionality reliability, sequencing or speed of delivery. We make no warranties or representations that your use of the website or its content will not infringe the rights of third parties.

You understand and agree that any content, material and/or data downloaded or otherwise obtained through the use of the website are used at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of this content, material and/or data.

  1. Limitation of Liability

To the fullest extent permissible pursuant to applicable law, CAR or any Related persons will not be liable to you or to any party for any claims, liabilities, losses, costs or damages under any legal or equitable theory, whether in tort (including negligence), contract, strict liability or otherwise including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with any access, use (or inability to use) of the website, or any content therein. This is true even if CAR or related persons have been advised of the possibility of these damages or losses.

In addition, CAR is not liable for any loss or damage caused by your reliance on information obtained through the website.  It is your responsibility to evaluate the accuracy, completeness, timeliness, reliability or usefulness of the website. Furthermore, CAR does not guarantee that the website or content will be uninterrupted, or free from error, defect, loss, delay in operation, corruption, cyber-attack, viruses, interference, hacking, malware, or other security intrusion, and CAR disclaims any liability relating thereto.

If, notwithstanding the other provisions of these terms of use, CAR is found to be liable to you for any damages or losses arising out of your use of, access to or inability to use the website or any content provided by us or any third party, our liability shall in no event exceed U.S. one hundred dollars ($100.00 USD).

Note that some jurisdictions do not allow limitations or liability or may place limitations on our ability to limit our liability to you, so the foregoing limitation may not apply to you.

  1. Indemnification

You agree to indemnify, defend, and hold CAR and Related Persons harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to, (i) any breach by you of these Terms of Use, (ii) your use of material or features available on the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations. You will not be required to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, or expenses resulting from our own negligent conduct.

  1. Suspension or Termination

The Terms of Use will remain in full force and effect as long as you continue to access or use the Website.  You may terminate the Terms of Use at any time by unsubscribing to our newsletter and updates, and ceasing use of the Website.

We may terminate or suspend any of the rights granted by these Terms of Use and your access to the Website with or without prior notice, at any time and for any reason.

If your permission to use this Website is revoked the following provisions of these Terms of Use will survive termination:  Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law; and Miscellaneous.

  1. Legal Disputes and Arbitration Agreement

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

  1. Initial Dispute Resolution. We are available by email at information@citizensofamericarepublic.org to address any concerns you may have regarding your use of the Website. Most concerns may be quickly resolved in this manner. Each of you and CAR agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
  2. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 14(A) above, then either party may initiate binding arbitration.  All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Website shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions.  Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures.  The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.  If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00)we will pay the additional cost.  If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS.  We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS.  You will not be required to pay fees and costs incurred by CAR if you do not prevail in arbitration.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.  They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

  1. Class Action and Class Arbitration Waiver. You and CAR each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and CAR each expressly waive your respective right to file a class action or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 14(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  2. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
  3. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 14(B), 14(C), and 14(D) by sending written notice of your decision to opt-out to the following email: information@citizensofamericarepublic.org. The notice must be sent within thirty (30) days of registering to use the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections.  If you opt-out of these arbitration provisions, we also will not be bound by them.
  4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 14(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the Commonwealth of Virginia (except for small claims court actions which may be brought in the county where you reside).  In the event of litigation relating to these Terms of Use or the Website, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
  5. Applicable Law. You agree that federal laws and the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and CAR.
  6. Miscellaneous
  7. Entire Agreement.  The Terms of Use set forth the entire understanding and agreement between you and CAR with respect to the subject matter hereof.
  8. Severability.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of the Terms of Use shall remain in full force and effect.
  9. Headings.  Headings are for reference only and in no way define, limit, construe or describe the scope of extent of such section.
  10. Waiver.  Our failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive its right to act with respect to subsequent or similar failures.
  11. Assignment. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
  12. No Third Party Beneficiaries. There are no third party beneficiaries to these Terms of Use.
  13. Independent Contractors. Nothing in these Terms of Use shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
  14. Contact Information. For questions or concerns, please email us at information@citizensofamericarepublic.org.

 

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