Effective as of April 2017
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You,” or “User” or with “your”) AND PARTNERSHIP FOR A NEW AMERICAN ECONOMY ACTION FUND, INC. (referenced herein as “PNAEAF”) THAT APPLIES EACH TIME YOU USE OR ACCESS A PNAEAF WEBSITE OR A PNAEAF AFFILIATE WEBSITE (referenced collectively herein as the “Site”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR ACCESS AND USE OF THE SITE. PNAEAF IS WILLING TO ALLOW THE USE OF THE SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
1. LICENSE GRANT. This TOU provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
2. RESTRICTIONS. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
3. USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view any information and materials, register or enter into a transaction with or through PNAEAF for any reason, or submit information of any kind, You represent that You are at least eighteen (18) years of age ((or the legal age of majority)(whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site including, without limitation, when You provide information via a Site registration or submission form. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. While PNAEAF has endeavored to create a secure and reliable Site, You should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, PNAEAF is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to such issues.
4. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the donation of funds or payment for or participation in a program or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Site, PNAEAF shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to such donation, payment, or participation.
5. PERMISSION TO USE CONTENT. If You submit any feedback, video, or other materials to PNAEAF through the Site including, but not limited to, sharing your thoughts on immigration reform or proposing improvements to the Site (with such feedback, video, or other materials referenced collectively herein as “Content”), You automatically and hereby grant a royalty-free, transferable, sublicensable and non-exclusive right and license for PNAEAF to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Content, without additional approval or consideration, in furtherance of and in connection with the operation of the Site, and You hereby waive any claim to the contrary. You represent that You have all necessary rights to make the Content available to PNAEAF, and You also acknowledge that PNAEAF has no control over the extent to which the Content may be used by any party or person once it’s posted or displayed.
6. DIGITAL MILLENNIUM COPYRIGHT ACT PROCEDURES. PNAEAF will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the Site infringe your copyright, You may request removal of those materials (or access to them) from the Site by submitting written notification to the PNAEAF Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material You believe to be infringing in a sufficiently precise manner to allow PNAEAF to locate that material.
- Adequate information by which PNAEAF can contact You (including your name, postal address, telephone number, and, if available, email address).
- A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
The PNAEAF designated Copyright Agent to receive DMCA notices is:
Jeremy Robbins
Partnership for a New American Economy Action Fund, Inc.
c/o Geller and Company
909 Third Avenue
New York, NY 10022
[email protected]
If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if You knowingly materially misrepresent that material or activity on the Site is infringing your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that your Content was removed or access to it was disabled by mistake or misidentification, You may file a counter-notification with PNAEAF (a “Counter-Notice”) by submitting written notification to the PNAEAF Copyright Agent. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which PNAEAF can contact You (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by You that You have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that You will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if You reside outside the United States for any judicial district in which the Site may be found) and that You will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows PNAEAF to restore the removed Content if the party filing the original DMCA Notice does not file a court action against You within ten business days of receiving the copy of your Counter-Notice. Please be aware that if You knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
7. PRIVACY POLICY. Your use of the Site will constitute acceptance of PNAEAF’s personally identifying information collection and use practices. Please see PNAEAF’s Privacy Policy for a summary of PNAEAF’s personally identifying information collection and use practices.
8. PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site. Accordingly, You expressly acknowledge and agree that PNAEAF and its affiliate, Partnership for a New American Economy Research Fund (“PNAERF”), transfer no ownership or intellectual property interest or title in and to the Site to You or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by PNAEAF and/or PNAERF and their successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, PNAEAF and PNAERF do not grant any other express or implied right to You or any other person. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site is Copyright © 2017 Partnership for a New American Economy Action Fund and/or its licensors. All rights reserved. PNAEAF and/or PNAERF also own a copyright in the contents of the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. PARTNERSHIP FOR A NEW AMERICAN ECONOMY ACTION FUND and PNAEAF and all other names, designs, logos, and icons identifying PNAEAF and its programs, events, solutions, and services are proprietary trademarks of PNAEAF and/or PNAERF, and any use of such marks, including, without limitation, as domain names, without the express written permission of PNAEAF and/or PNAERF is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
9. LINKS TO OTHER SITES. PNAEAF may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by PNAEAF and are maintained by third parties over which PNAEAF exercises no control. Accordingly, PNAEAF expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
10. DISCLAIMER. THE SITE IS MADE ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. PNAEAF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. PNAEAF ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PNAEAF BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PNAEAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF PNAEAF FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PNAEAF IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.
12. GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York.
13. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of PNAEAF proprietary assets, will cause irreparable injury to PNAEAF, such injury would not be quantifiable in monetary damages, and PNAEAF would not have an adequate remedy at law. You therefore agree that PNAEAF shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that PNAEAF post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to PNAEAF to enforce any provision of this TOU.
14. ENFORCING SECURITY. You may not use the Site or any of PNAEAF’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using PNAEAF data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a PNAEAF system or network, circumventing any PNAEAF security or authentication measures, monitoring PNAEAF data or traffic, interfering with any PNAEAF services, collecting or using from the Site email addresses or other identifiers, collecting or using from the Site information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against PNAEAF or its data, systems, or network. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. PNAEAF reserves the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. PNAEAF will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, PNAEAF reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site or PNAEAF.
15. TERM AND TERMINATION. This TOU will take effect the moment You register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. PNAEAF reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOU, to deny You access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact your membership status with PNAEAF. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Site in your possession. The provisions concerning PNAEAF’s proprietary rights, disclaimers of warranty and liability, enforcing security, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.
16. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by PNAEAF of any right under this TOU will be deemed to be a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
17. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and PNAEAF as a result of this TOU or your utilization of the Site. This TOU and PNAEAF’s Privacy Policy represent the entire agreement between You and PNAEAF with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and PNAEAF with respect to the Site. You may not assign or transfer any rights under this TOU without the prior written consent of PNAEAF. Please note that PNAEAF reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to You. In addition, PNAEAF may add, modify, or delete any aspect, program, or feature of the Site, but PNAEAF is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.
18. CONTACT INFORMATION. If You have questions regarding the Site or if You are interested in obtaining more information concerning PNAEAF, please contact PNAEAF at c/o Geller and Company, 909 Third Avenue, New York, NY 10022 or [email protected].