Last updated: January 09, 2018
- 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.].
- Affirmative Representations Regarding Your Use of the Website
- User Responsibilities; Prohibited Use
As a condition of your use of the Website, you agree not to engage in the following actions:
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
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.
- Suspension or Termination
- 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
- Initial Dispute Resolution. We are available by email at [email protected] 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.
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.
- 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.
- 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.
- 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: [email protected]. 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.
- Headings. Headings are for reference only and in no way define, limit, construe or describe the scope of extent of such section.
- Contact Information. For questions or concerns, please email us at [email protected].
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