Terms of service
This is a legally binding agreement. Please read these terms and conditions carefully. By using or accessing the Site, by clicking “I Agree” (or similar button) to accept or agree to this agreement, or by placing an order for Products, you represent that you have the full legal authority to enter this agreement on behalf of any party identified in the Registration, and, in that capacity, you acknowledge such party’s agreement to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, do not use or register for the Site.
These Terms and Conditions are a legal agreement between The Freedom Forum, Inc. (“Freedom Forum”, “we,” “us,” and “our”) and the party (the “User” or “you” or “your”) accessing or using www.freedomforum.org (together with all content, the “Site”). If you are accessing the Site on behalf of, or as an agent for another person or entity, that person or entity is also a User and will be bound by this agreement.
- Account; Minimum Age. You may only create and hold one account for the Site for your personal, non-commercial use and access. You must be at least 18 years old to use or create an account for use of the Site. If you are a minor in the jurisdiction in which you reside, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Site, and your parent or legal guardian must read and agree to this agreement prior to your using the Site. Notwithstanding the foregoing, you are not authorized to use the Site if you are under the age of 13. If we acquire actual knowledge, or are informed by a third-party individual or entity, that you are under the age of 13, or that you are below the age of 18 and did not receive the proper permission as prescribed herein, your use of and access to the Site will be immediately terminated.
- Devices; Connection. To use the Site, you must have a compatible device, and we do not warrant that the Site will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the Site. Use of the Site requires Internet access or mobile data, which may be subject to additional fees or charges. Because the Site may be accessed via the Internet, the Site is offered “as is,” with all risks inherent in such access. By connecting to the Site, you acknowledge and accept the risks associated with public access to the Internet and public use of an unsecured wireless network. You will be responsible for all fees and charges incurred with respect to accessing to the Site.
- User ID and Password. You shall maintain, and cause to be maintained, the confidentiality of your account information, including your user ID and password. You may not provide your account information to anyone else or permit any other individual or entity to use, access, or view the Site via your account. You must keep your password strictly confidential. You will notify us if you discover or otherwise suspect any security breaches related to your account or the Site.
- Prohibitions. Any use of the Site not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws. You shall not directly or indirectly do, nor shall you authorize any person or entity to do, any of the following: (1) use the Site for any purpose or in any manner not specifically authorized by this agreement or otherwise in violation of the terms hereof; (2) make any copies or prints, or otherwise reproduce or print, any portion of the Site, whether in printed or electronic format; (3) distribute, republish, download, display, post, disclose, or transmit any portion of the Site; (4) create or recreate the source code for, or re-engineer, reverse engineer, decompile, deconstruct, or disassemble the Site or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Site or any software, documentation, or data related to the Site; (5) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from or based upon any part of the Site, or combine or merge any part of the foregoing with or into any other software, document, or work; (6) refer to or otherwise use any part of the Site as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those provided by us, or any product or service that is directly or indirectly competitive with Freedom Forum and its offerings, products, or services; (7) remove, erase, alter, obscure, change, or tamper with any copyright, logo, trademark, other proprietary or intellectual-property notice, warranty, or disclaimer printed or stamped on, affixed to, or encoded or recorded in the Site, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing; (8) fail to preserve all copyright and other proprietary notices in any copy of any portion of the Site made by you or on your behalf; (9) sell, market, license, sublicense, distribute, reproduce, duplicate, copy, rent, loan, or otherwise grant to any third party any right to possess or utilize any portion of the Site without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such other covenants and warranties as we, in our sole discretion, deem desirable); (10) use the Site to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under this agreement; (11) use the Site to store, receive, or distribute any information in violation of any applicable law, regulation, ordinance, or guideline, or otherwise use the Site in violation of any applicable law, regulation, ordinance, or guideline; (12) diminish or infringe any intellectual property rights in and to the Site or impair or interfere with any copyright protection mechanisms, copyright management information systems, or digital identification devices employed in association with the foregoing; (13) cause the Site to defame or infringe the rights of any other person, including intellectual property rights (for example, any patent, trademark, trade secret, copyright, or other proprietary rights) or rights of publicity or privacy; (14) promote, condone, or incite violence, dangerous acts, or discrimination against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, political affiliation, or sexual orientation/gender identity or any other protected characteristic; threaten, harass, or bully any person; or collect, store, receive, process, use, disclose, manipulate, track, or distribute any content or data that does any of the foregoing or is pornographic or obscene; (15) impersonate any person or entity or generate fraudulent impressions of or fraudulent clicks on ad(s) through any automated, deceptive, fraudulent, or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents, or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (16) act in a manner that is illegal, discriminatory, derogatory, hateful, abusive, racist, fraudulent, defamatory, libelous, obscene, unlawful, harassing, violent, or threatening; (17) collect, store, receive, process, use, disclose, manipulate, track, or distribute any computer viruses, worms, trojan horses, back door, trap door, time bombs, rootkit, spyware, malware, keystroke logger, malicious code, or other material which is malicious or technologically harmful; (18) use any device, software, methodology, or routine to interfere with or disrupt the Site or the servers or networks connected to the Site by trespass or burdening network capacity; (19) harvest, access, or collect information about other users of the Site or individuals associate with Freedom Forum; (20) restrict or inhibit any other person from using the Site, including without limitation by means of “hacking” or defacing any portion thereof; (21) “frame,” “mirror,” or “in-line link” any portion of the Site; (22) use any robot, spider, other automatic device, or manual process, to “screen scrape,” monitor, “mine,” or copy any portion of the Site; (23) process data on behalf of any third party; (24) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site; (25) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Site, including for the purposes of obtaining and using data to train an algorithm or artificial intelligence tool; (26) use the Site to transmit or send unsolicited commercial communications; (27) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images; or (28) attempt to do or assist any party in attempting to do any of the foregoing. Although Freedom Forum has no obligation to monitor use of the Site, we may do so and may prohibit any use that we believe may be (or is alleged to be) in violation of applicable laws or regulations or this agreement. You are solely responsible for (and Freedom Forum has no responsibility to you or to any third party for) any breach of your obligations under this agreement and for the consequences (including any loss or damage which you may suffer) of any such breach.
- Compliance. You will use the Site only in a manner that complies with all applicable laws and regulations.
- Acceptance of Orders. The Site only solicits offers to buy goods and is not an offer to sell. You agree that your order is an offer to buy, under this agreement, all goods, items, and products (“Products”) in the quantities and at the prices listed in the order. We will not be obligated to sell the Products to you unless and until we accept the order. We may choose not to accept orders at our sole discretion. We will send you a confirmation email with the details of the Products purchased after our acceptance. Acceptance of your order will not take place unless and until we transmit the confirmation email. We shall sell to you, and you shall purchase from us, the Products upon the terms and conditions set forth this agreement. BY PRESENTING AN ORDER TO US, YOU CONFIRM THAT THIS AGREEMENT SHALL GOVERN ALL PURCHASES OF PRODUCTS. ALL PRODUCTS AND PRICES LISTED ON THE SITE ARE SUBJECT TO CHANGE, AVAILABILITY, PRIOR SALE, AND QUANTITY LIMITATIONS, EVEN IF YOU HAVE ALREADY PLACED AN ORDER.
- Refunds for Orders Not Accepted. We will refund payments made for orders that are not accepted by us. All refunds will be credited to the same payment method used to make the original purchase.
- Prices. All prices are quoted in USD. The price charged for a Product will be the price in effect at the time the order is accepted, which will be set out in the order confirmation email. Posted prices do not include charges for shipping and handling or taxes (including sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority). All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email.
- Promotions. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from this agreement. If there is a conflict between the terms for a promotion and this agreement, the promotion terms will govern.
- Changes; Errors. All prices, discounts, and promotions are subject to change without notice. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Products Not for Resale or Export. You represent and warrant that you are buying Products for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
- Payment. Terms of payment are within our sole discretion, and payment must be received by us before we accept an order. We accept payment on the Site via credit card or debit card. Only valid credit cards and debit cards may be used. Sales are billed at the time of purchase. By submitting your order, you represent and warrant that (a) the payment card information you supply to us is true, correct, and complete, (b) you are duly authorized to use such payment card for the purchase, (c) you authorize us to charge your order to the provided payment card; (d) charges incurred by you will be honored by your payment card company, and (e) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
- Delivery; Shipping. We will arrange for shipment of purchased Products to you at the address specified in your order. Please check the Site for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns. Except for any Product designated on the Site as final sale or non-returnable, Freedom Forum will accept a return of a purchased Product for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment, with valid proof of purchase, and provided such Products are returned in their original condition. To return Products, you must email our Returns Department at shop@freedomforum.org to obtain a Return Merchandise Authorization (“RMA”) number before shipping your Product back to us. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned Products. You bear the risk of loss during shipment, and we strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery. Refunds are processed within approximately three business days of our receipt of your returned Products. For defective Products, please refer to the manufacturer’s warranty included with the Product or as detailed in the Product’s description on our Site, if any. WE DO NOT OFFER RETURNS OR REFUNDS ON PRODUCTS DESIGNATED AS FINAL SALE OR NON-RETURNABLE.
- Term. This Agreement is effective upon your acceptance of it in the course of the Registration, and it shall continue in effect until terminated pursuant to this Agreement (the “Term”).
- Termination. If you breach this agreement, if we are required to do so by applicable law, or if we reasonably believe that there has been conduct via your account that creates or could create liability or harm to any user, a third party, or us, we may terminate this agreement at any time with or without notice to you by disabling access to the Site or closing your account. You may terminate this agreement at any time by closing your account, uninstalling the mobile application component of the Site, and ceasing use of the Site and our services.
- Effect of Termination. Upon termination of this Agreement for any reason or no reason, your access rights and all licenses granted to you will terminate, and you must immediately cease all use of the Site.
- Site and Content. The Site as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Content”) are protected under applicable copyrights, trademarks, and other proprietary rights (including but not limited to intellectual property) pursuant to international conventions and U.S. and other laws. The Site and the Content are the property of Freedom Forum and/or its third-party licensors, and all right, title, and interest in and to the Site and the Content will remain with Freedom Forum or such third-party licensors. This agreement permits you to use the Site exclusively for personal and other non-commercial use. You do not acquire ownership rights to the Site or any Content. This agreement does not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Freedom Forum or the respective intellectual property owners.
- User Reviews. The Site may include product reviews or other interactive features in which you or other users can create, post, upload, transmit, or distribute content, such as comments, reviews, text, or other materials (“User Reviews”). User Reviews may be publicly viewable along with profile information associated with your online account. You agree that you are solely responsible for your User Reviews and for your use of such aspects of the Site. Use of these portions of the Site are at your own risk. You understand that you may not be able to delete User Reviews after posting. You also assume all risks associated with your User Reviews, including anyone’s reliance on the quality, accuracy or reliability of such User Reviews, and the disclosure of your personal information in connection with such content. If you submit User Reviews, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views.
- Ideas. Please note that Freedom generally does not accept unsolicited materials, content, services, or ideas for use or publication in connection with the Site. However, to the extent you suggest improvements, submit a User Review, or communicate to Freedom Forum comments, ideas, feedback, bug reports, inventions, discoveries, or concepts (all of the foregoing, “Ideas”) or if we create an Idea together, you agree that any such Idea shall be and remain solely the property of Freedom Forum and/or its licensors and may be used and sold, licensed, or otherwise provided by Freedom Forum and/or its licensors to third parties, or published or otherwise publicly disclosed, in Freedom Forum’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Freedom Forum any and all of your right, title, and interest in and to any such Ideas, and all intellectual-property rights therein.
- Privacy Policy. The Site processes certain personally identifiable information about you. Freedom Forum will use and disclose your personally identifiable information as described in this agreement or Freedom Forum’s Privacy Policy, as required by law or court order, and as necessary to provide the Site and our services or to enforce our rights.
- In order for Freedom Forum to provide the Site, you grant to Freedom Forum, during and after the Term, a non-exclusive, transferrable, sublicensable, irrevocable, worldwide, royalty-free, and fully paid-up right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered during Registration or otherwise into the Site (“Data”) to the extent necessary for Freedom Forum to: (1) provide the Site, and the Content therein, and our Products and services, (2) perform our obligations under this agreement, (3) compile analyses and statistical information from Data regarding usage or performance of the Site and user engagement, (4) provide, monitor, correct, enhance, and improve the Site and perform services related thereto, (5) develop new products or services, and (6) accomplish other internal business purpose or as described in Freedom Forum’s Privacy Policy. Freedom Forum reserves the right to maintain, delete, or destroy all Data and materials posted or uploaded to Site pursuant to its internal record retention and/or destruction policies.
- You also grant to Freedom Forum a non-exclusive, transferrable, sublicensable, irrevocable, worldwide, royalty-free, and fully paid-up right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”). You acknowledge and agree that Freedom Forum has and retains exclusive and valid ownership of all Deidentified Data. Freedom Forum shall also have the right to collect and analyze data and other information relating to the provision, use, and performance of the Site and related systems and technologies (“Usage Data”), and you acknowledge and agree that Freedom Forum has and retains exclusive and valid ownership of all Usage Data. Freedom Forum will be free (during and after the Term) to use such Deidentified Data and Usage Data for any purpose, including to (1) improve and enhance the Site and for other development, diagnostic, and corrective purposes in connection with the Site and other service offerings, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Privacy Policy.
- You represent and warrant that you own or have the legal right and authority, and will continue to own or maintain the legal right and authority, to grant to Freedom Forum the licenses set forth herein. You are responsible for all of your Data, and you represent and warrant that your Data will not violate the terms of this agreement. If any of your Data violates this Agreement, or is inappropriate in our judgment, we reserve the right, in our sole discretion and without notice to you, (1) to change, delete or remove, in part or in full, any of your Data, (2) to terminate or suspend access to the Site, and/or (3) to terminate or suspend your account, in each case, with or without notice. Freedom Forum will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with your Data. You shall indemnify, defend, and hold harmless Freedom Forum, its affiliates, and their respective directors, officers, employees, and agents from and against any Loss (as defined below) arising from or related to a claim of a third party with respect to a breach of the foregoing representations and warranties.
- We do not manufacture any of the Products offered on our Site. The availability of Products through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the Products offered on our Site. However, the Products offered on our Site are covered by the manufacturer’s warranty (if any), as detailed in the Product’s description on our Site and/or included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer’s warranty.
- Products. EXCEPT WITH RESPECT TO THE MANUFACTURER’S WARRANTY (IF ANY), ALL PRODUCTS ARE PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS. FREEDOM FORUM DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT FREEDOM FORUM KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
- Site. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND ITS CONTENT. FREEDOM FORUM DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE OR CONTENT OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT FREEDOM FORUM KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE.
- IF WE FURNISHES USER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY PRODUCTS SUPPLIED HEREUNDER, OR ANY SYSTEM OR EQUIPMENT IN WHICH ANY SUCH PRODUCTS MAY BE INSTALLED, AND WHICH IS NOT REQUIRED PURSUANT TO THIS AGREEMENT, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT FREEDOM FORUM TO ANY LIABILITY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS.
- DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, FREEDOM FORUM DOES NOT WARRANT THAT THE SITE, OR ANY EQUIPMENT, SYSTEM, OR NETWORK ON WHICH IT IS USED OR ACCESSED, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK THAT RESULTS IN YOUR INABILITY TO USE THE SITE OR SERVICES OR THE UNAUTHORIZED ACCESS OR DISCLOSURE OR COMPROMISE OF YOUR INFORMATION.
- FREEDOM FORUM CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE SITE OR FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE, OR FREE OF VULNERABILITY OF INTRUSION TO ATTACK. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
- ALL USER REVIEWS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS, AND WE DO NOT ENDORSE OR APPROVE ANY USER REVIEWS. WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, APPROPRIATENESS OR CONTENT OF USER REVIEWS.
- ALTHOUGH THE SITE MAY INCLUDE LINKS PROVIDING DIRECT ACCESS TO THIRD-PARTY INTERNET SITES AS A CONVENIENCE, THE INCLUSION OF A LINK IS NOT, NOR DOES IT IMPLY, AN ENDORSEMENT OF, OR AN AFFILIATION OR ASSOCIATION WITH, THE LINKED SITE BY FREEDOM FORUM. FREEDOM FORUM TAKES NO RESPONSIBILITY FOR THE AVAILABILITY OR ACCURACY OF CONTENT OR INFORMATION CONTAINED ON THOSE OTHER SITES, AND DOES NOT EXERT ANY EDITORIAL OR OTHER CONTROL OVER THOSE OTHER SITES. FREEDOM FORUM DOES NOT TAKE RESPONSIBILITY FOR THE PRIVACY POLICIES AND PRACTICES OF THESE THIRD-PARTY LINKS.
- THE INFORMATION PRESENTED ON OR THROUGH THE SITE, INCLUDING THE CONTENT, IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE THE SITE AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. THE OPERATION OF THE SITE MAY BE INTERFERED WITH OR ADVERSELY AFFECTED BY NUMEROUS FACTORS OR CIRCUMSTANCES OUTSIDE OF OUR CONTROL OR THROUGH ACTS OF GOD. WE USE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON THE SITE, AND THE CONTENTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. HOWEVER, WE DO NOT MAKE ANY COMMITMENT TO UPDATE THE SITE OR THE CONTENT. THE CONTENT AND THE SITE MAY INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR THE CONTENT (INCLUDING ANY PRODUCT, SERVICE, DESCRIPTION, PHOTOGRAPH, PRICING OR OTHER INFORMATION). ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY USER. IF YOU HAVE QUESTIONS ABOUT THE INFORMATION PRESENTED ON THE SITE, YOU MAY CONTACT USING THE INFORMATION PROVIDED IN “CONTACT INFORMATION” AT THE END OF THIS AGREEMENT. NEITHER FREEDOM FORUM NOR ANY PERSON ASSOCIATED WITH FREEDOM FORUM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE CONTENT.
- FREEDOM FORUM EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN USER.
- SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- NEITHER FREEDOM FORUM NOR ITS LICENSORS SHALL BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (III) LOSS OF GOODWILL OR REPUTATION; (IV) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (V) DAMAGE TO GOODS, LATENESS OR DELAYS IN DELIVERY, OR UNAVAILABILITY OF GOODS; OR (VI) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER FREEDOM FORUM WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
- IN NO EVENT SHALL FREEDOM FORUM’S OR ITS LICENSORS’ AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE SITE, PRODUCTS, AND SERVICES AND ANY PURCHASES GOVERNED BY THIS AGREEMENT), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF $100 OR THE PRICE OF THE PRODUCTS GIVING RISE TO THE CLAIM. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
- TO THE FULLEST EXTENT PROVIDED BY LAW, FREEDOM FORUM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO USER DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- You may link to the Site’s homepage, provided you do so in a way that is fair and legal; but, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Freedom Forum’s part without our express written consent.
- This Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this Site; (b) send e-mails or other communications with certain content, or links to certain content, on this Site; and/or (c) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by Freedom Forum and solely with respect to the content they are displayed with. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Site other than the homepage; or (d) otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of this agreement.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Freedom Forum reserves the right to withdraw linking permission without notice. Freedom Forum may disable all or any social media features or any links at any time without notice in its discretion.
- The Site may contain links to other Internet sites with their own terms and privacy policies. These links are provided for your convenience only. Your use of those sites is subject to the terms of use, if any, that each site has posted. Freedom Forum has no control over the content of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at its own risk and subject to the terms and conditions of use for such websites. Freedom Forum’s inclusion of any content is not an endorsement of that material or linked site or the companies that own or operate the material or linked sites.
- The Site may also include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by Freedom Forum, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Freedom Forum’s opinion. Freedom Forum is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Except as otherwise expressly provided herein, notices shall be given under this agreement in writing in the English language, signed by the party giving the same, and shall be given (i) personally (in which case such notices shall be deemed given when so delivered), (ii) by certified or registered U.S. Mail, properly addressed and postage pre-paid, from within the United States (in which case such notices shall be deemed given on the third business day after deposit), (iii) by generally recognized overnight courier, properly addressed and pre-paid, with next business day instruction (in which case such notices shall be deemed given on the next business day after deposit), or (iv) if to User, at Freedom Forum’s election, either (a) by e-mail (in which case such notice shall be deemed given upon transmission unless we receive a non-delivery email message within a reasonable time thereafter) or by posting on the Site. Such notices shall be sent to Freedom Forum at 9893 Brewers Court, Laurel, MD 20723 and to User at the address for notices or email address designated by User via the Registration or via posting to the Site. Either party may change its address for purposes of notice by written notice thereof to the other party.
- This agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. Freedom Forum may freely transfer, assign, or delegate all or any part of this agreement and any rights or duties hereunder. You may not assign this agreement or any of the rights or licenses granted under this agreement without our prior written consent. Any attempted sublicense, transfer, or assignment in violation of this agreement is void.
- Except as otherwise expressly provided herein, this agreement constitutes the entire agreement between the parties concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. Each party represents and warrants that, in entering into and performing its obligations under this agreement, it does not and will not rely on any promise, inducement, or representation allegedly made by or on behalf of the other party with respect to the subject matter hereof, nor on any course of dealing or custom and usage in the trade, except as such promise, inducement, or representation may be expressly set forth herein.
- The failure of either party at any time to require performance by the other party of any provision of this agreement shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of this agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this agreement.
- If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (1) the validity and enforceability of all provisions of this agreement not ruled to be invalid or unenforceable will be unaffected; (2) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (3) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (4) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
- This agreement shall be construed and enforced in accordance with the laws of the state of Maryland (other than its conflicts of law provisions), and the venue for any dispute shall be exclusively in the federal or state courts having jurisdiction over Washington, D.C. We reserve the right to seek all remedies available at law and in equity for violations of the agreement, including, without limitation, the right to block access to the Site from a particular account, device, and/or IP address.
- Any cause of action or claim you may have with respect to the Site or Products must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this agreement waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Site or Products.
- Freedom Forum shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of it and not due to its own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
- Except as otherwise expressly provided herein, no modification or amendment to this Agreement will be valid or binding unless in writing and duly executed by the party or parties to be bound thereby including by clicking a button when presented to accept such amendment. We reserve the right, at any time and from time to time, to update, revise, supplement, and to otherwise modify this agreement, and to impose new or additional rules, policies, terms, or conditions, with or without prior notice and for any reason. Such updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions (collectively referred to in this agreement as “Revised Terms”) will be effective immediately and incorporated into this agreement upon our publishing them on the Site, which may be given by any means we designate, including by posting to the Site. User acknowledges and agrees that User’s continued use of the Site will be deemed to conclusively indicates User’s acceptance of any and all such Revised Terms. All Revised Terms are incorporated into, and made a part of, this agreement by this reference.
- This agreement does not and is not intended to confer any rights or remedies upon any person other than you.
- The headings of the sections used in this agreement are included for convenience only and are not to be used in construing or interpreting this agreement.
- The covenants herein concerning indemnification, post-termination procedures, and any other provision that, by its nature, is intended to survive this agreement shall survive any termination or expiration of this agreement.