Terms of Service

Last Revised: April 30, 2020 Welcome to Liberty Webmaster (or the “Organization,” “our,” “we,” or “us”)! We provide our services through a website (the “Service”). “You,” or “your,” refers to you (or parent or legal guardian (over the age of 18) if such user is a minor in his or her state of residence) as the user of the Service or the party that you represent on whose behalf you are using the Service. The following Terms of Use (“Terms,” “Terms of Use,” or “Agreement”) apply when you view or use the Liberty Webmaster website located at http://libertywebmaster.com (the “Site”, part of the Service) or in any way use or access any other components of the Service. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, found at http://libertywebmaster.com/privacy/**, incorporated herein by reference.** If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service. ABOUT THE SERVICE Liberty Webmaster is a product of Lincoln Network, Inc., a Delaware nonstock, nonprofit corporation exempt under Section 501(c)(3) of the Internal Revenue Code, and our research will be used to help educate other nonprofits, corporations, and advocacy groups about the Badger State. Whether you reside on the shores of Lake Michigan or in rural Mineral Point, your unique needs deserve remarkable services. This Agreement applies to all users who register for, access, and/or interact with the Service. YOU SHOULD CAREFULLY REVIEW THIS AGREEMENT & OUR PRIVACY POLICY Please review these Terms and the Privacy Policy (“Privacy Policy”), located at (http://libertywebmaster.com/privacy), before you access or register for the Service. This Agreement and our Privacy Policy impose rules, obligations and other responsibilities on all parties that use the Service, and contain important information regarding your legal rights. Our Privacy Policy describes what information we collect from you, how we collect information from you, and how we use and share information we collect from you. ELIGIBILITY TO USE THE SERVICE You must be at least 13 years old and a resident of the United States in order to register for and use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Organization and meet all of the eligibility requirements herein. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, you must stop using the Service immediately. REGISTERING FOR THE SERVICE AND CREATING YOUR USER ACCOUNT To register for the Service, you will be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide is, current, and complete. You agree that all information you provide to register for the Service, including but not limited to through the use of any interactive features available through the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. WE DO NOT GUARANTEE ACCESS TO THE SERVICE AT ANY GIVEN TIME We reserve the right to withdraw or amend the Service, and any feature or material we provide as part of the Service, in our sole discretion without notice. In addition, the Service may automatically download and install upgrades and updates. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. WE RESERVE THE RIGHT TO RESTRICT ACCESS TO THE SERVICE We reserve the right to refuse the use of or access to the Service to anyone for any reason at any time. From time to time, we may restrict access to the Service, or any portion thereof, to users, including registered users. We may, in our sole discretion, terminate your right to use the Service with or without cause at any time, and may prevent your future use of the Service. You may terminate this Agreement by simply discontinuing use of the Service. YOUR RESPONSIBILITIES AFTER TERMINATION In the event of any termination of this Agreement, the Organization may restrict your access to the Service and any content or material that you may have used in connection with the Service. The restriction of your use of the Service shall survive such termination, and you agree to be bound by those terms. We reserve all rights that are not expressly granted to you under these Terms of Use. YOUR RIGHTS TO USE THE SERVICE These Terms of Use permit you to use Service for your personal, non-commercial use only. Subject to these Terms of Use, we hereby grant you a limited, revocable, personal, non-sublicenseable, non-transferable, and non-exclusive license to access and use the Service. You will use the Service in full compliance with all applicable laws and regulations with regard to your use of the Services, including all applicable laws and regulations. WE RETAIN ALL OWNERSHIP OF OUR INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS You acknowledge and agree that the Organization and its licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. YOU MAY NOT USE ANY PART OF THE SERVICE FOR ANY COMMERCIAL PURPOSE You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products, materials, or services obtained from the Service, except for the purposes expressly provided herein, without Organization’s prior written approval. If you wish to make any use of material provided as part of the Service other than as set out in these Terms of Use, please address your request to:about@joinlincoln.org. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service, or any content on the Service is transferred to you. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. We reserve all rights that are not expressly granted to you under these Terms of Use. YOU MAY NOT USE THE SERVICE FOR ANY IMPROPER PURPOSE In addition to complying with other provisions of these Terms of Use, you agree that you will not: * Use the Service for any unlawful purpose or for the promotion of illegal activities; * Attempt to, or harass, abuse, or harm another person or group; * Provide false or inaccurate information when registering for an account; * Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; * Make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on the Service; * Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent; * Copy, adapt, modify, create derivative works of, distribute, sell, or lease any part of the Service or materials we provide as part of the Service; * Reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so; or * Use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or * Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; * Bypass any measures we take to restrict access to the Service. * Otherwise interfere or attempt to interfere with the proper functioning of the Service; Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us atabout@joinlincoln.org. RIGHTS/RESTRICTIONS We have the right to: * Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; * Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; * Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE Organization AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. COPYRIGHT COMPLAINTS All content that you use on the Service must comply with U.S. copyright law, depending on jurisdiction. If you are the copyright owner or an agent thereof and believe, in good faith, that any materials currently being used in connection with the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Liberty Webmaster’s designated copyright agent at about@joinlincoln.org: * The date of your notification; * A physical or electronic 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 at a single online site are covered by a single notification, a representative list of such works at that site; * A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work; * Information reasonably sufficient to permit Loom to contact you, such as an address, telephone number, and/or email address; * A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and * A 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 PRICING AND BILLING The Organization does not currently charge anyone for using the Service. Additional terms and conditions may also apply to specific portions, services or features of the Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. LINKS TO THIRD PARTY WEBSITES, SOFTWARE, OR CONTENT As part of the Service, we may provide you with convenient links to third party website(s) as well as content or items belonging to or originating from third parties (collectively, “Third Party Content”). These links are provided as a courtesy to Service users. The Organization has no control over Third Party Content or the promotions, materials, information, goods or services advertised by or available from Third Party Content. Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Organization. We are not responsible for any Third Party Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Content. Our inclusion of, linking to, or permitting the use or installation of any Third Party Content does not imply approval or endorsement by the Organization. If you decide to leave the Service and access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from the Service. EMAIL MAY NOT BE USED TO PROVIDE LEGAL NOTICE Communications made through the Service’s e-mail and messaging system, if and when available, will not constitute legal notice to the Organization or any of its officers, employees, agents or representatives in any situation where notice to the Organization is required by contract or any law or regulation. YOU CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS For contractual purposes, you (A) consent to receive communications from the Organization in an electronic form via the email address you have submitted; and (B) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Organization provides to you electronically satisfy any legal requirement that such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, consistent with and as described in more detail in our Privacy Policy located at http://libertywebmaster.com/privacy/. You may opt out of such email by changing your account settings or sending an email to about@joinlincoln.org. WE MAY AMEND THE SERVICE AND THESE TERMS OF USE We may update the content, materials, and features of the Service from time to time. Please be advised that any content contained on the Service may not necessarily be complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material. We may revise and update these Terms of Use from time to time in our sole discretion. All changes become effective immediately when we post them. It is your responsibility to check the Service from time to time so you are aware of any changes. If you continue to use the Service after we post revised Terms of Use, you signify your agreement to such revised Terms of Use. However, we will notify you of material changes to the terms by posting a notice in the Service and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. YOU ASSUME ANY RISK OF USING THE SERVICE The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this 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 you or any other visitor to the Service, or by anyone who may be informed of any of its contents. This Service may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Organization, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Organization. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. The Organization is not responsible for the accuracy of the information contained within the Service, or for the consequences of any reliance on such information. THE SERVICE IS PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY THE SERVICE, AND ANY CONTENT OR INFORMATION THEREIN, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. THE Organization MAKES NO EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS REGARDING THE SERVICE OR THE USE OR PERFORMANCE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE Organization EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE (INCLUDING ANY CONTENT AND INFORMATION THEREIN) INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE Organization MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU. YOU AGREE THE ORGANIZATION WILL NOT BE LIABLE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Organization, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY FOR ANY INTERRUPTION OF THE SERVICE, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER ARISING. Organization WILL NOT BE LIABLE FOR ANY DELAY IN ACCESSING AND/OR INABILITY TO ACCESS THE SERVICE, WHETHER DUE TO AN ACT OF GOD, ACTION BY GOVERNMENTAL ENTITY, STRIKE, NETWORK DIFFICULTY, ELECTRONIC MALFUNCTION, OR ANY RELIABILITY OR EFFECTIVENESS RELATED TO THE SERVICE. Organization MAKES NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Organization’S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU FOR THE SERVICE. We reserve the right to change or discontinue at any time any aspect or feature of the Service. To the extent that the state in which you reside does not permit the exclusion or limitation of liability for incidental or consequential damages, the above disclaimer of warranty and limitation of liability may not apply to you. THE SERVICE AND THIS AGREEMENT WILL BE GOVERNED BY PENNSYLVANIA LAW Any claim relating to the Service shall be governed by the laws of the state of Pennsylvania, without regard to any conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the state of Pennsylvania. If, for any reason, a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printable version of this Agreement shall be admissible in any judicial or administrative proceeding. LIMITATION ON TIME TO FILE CLAIMS You agree that any cause of action related to or arising out of your relationship with the Organization must commence within ONE (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. WAIVER OF JURY TRIAL AND CLASS ACTION CLAIMS EACH OF THE PARTIES WAIVES ITS RIGHTS TO A TRIAL BY JURY OF ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF THESE TERMS OF USE, BROUGHT BY EITHER PARTY AGAINST THE OTHER. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS OR MODIFICATIONS TO THIS AGREEMENT. ALL CLAIMS BETWEEN THE PARTIES RELATED TO THE SERVICE AND/OR THESE TERMS OF USE WILL BE LITIGATED INDIVIDUALLY, AND YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY CLAIM RELATED TO OR ARISING FROM THE SERVICE OR YOUR USE OF THE SERVICE. AT Organization’S SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THE USE OF THESE TERMS OF USE OR THE SERVICE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING PENNSYLVANIA LAW. YOU AGREE TO INDEMNIFY THE ORGANIZATION IF YOU BREACH THIS AGREEMENT, MISUSE THE SERVICE, OR VIOLATE ANY LAW OR RIGHTS OF ANY THIRD PARTY You agree to indemnify and hold harmless the Organization, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, misuse of the Services, violation of any law, or the rights of a third party; such indemnification shall include any loss suffered by the Organization as a result of your use of the Services or your use of content provided by the Services. THIS AGREEMENT WILL BE ENFORCEABLE AND YOU ARE OBLIGATED TO COMPLY AT ALL TIMES Even if the Organization does not require strict compliance with these Terms of Use in each instance, you are still obligated to comply with these Terms. Our failure to enforce, at any time, any of the provisions, conditions, or requirements of these Terms of Use, or the failure to require, at any time, performance by you of any of the provisions of these Terms, will in no way waive your obligation to comply with any of the provisions of these Terms, or our ability to enforce each and every such provision as written. Any and all waivers by the Organization of any provision, condition, or requirement of these Terms of Use will only be effective against the Organization if it is in writing and signed by an authorized officer of the Organization. No waiver by the Organization of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Organization to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. CONTACT INFORMATION All notices of copyright infringement claims should be sent to the copyright agent designated about@joinlincoln.orgin the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to:about@joinlincoln.org. ENTIRE AGREEMENT & SEVERABILITY These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Our rights under these Terms of Use will survive any termination of these Terms. GENERAL ACKNOWLEDGMENT YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT http://libertywebmaster.com/privacy/REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, AND SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.