The Center for an Informed America, LLC (dba CIA LLC) and its affiliates, collectively referred to as “Company” or “we,” provides its content on this website and its underlying pages (the “WebSite”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on February 25, 2016.
All content and functionality on the Site, including but not limited to: text, graphics, logos, icons, images, HTML codes, CGI scripts, and the selection and arrangement thereof (to include but not limited to: layouts, site design, and the “look and feel”), (collectively refereed to as “Content”) is the exclusive property of Company or its licensors, or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this WebSite. Any and all Content is protected by U.S. and/or international copyright laws. All rights not expressly granted are reserved. Except as provided in these Terms, Company prohibits the redistribution or copying of any Content on this WebSite without its express written permission.
The trademarks, trade dress, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Company and its licensors. You agree that you will not refer to or attribute any information to Company or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Company or its licensors. Nothing contained on this WebSite should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this WebSite without the express written permission of Company or such third party that may own the trademarks displayed on this WebSite. Your misuse of the Trademarks displayed on this WebSite, or any other Content on this WebSite is strictly prohibited.
3. Use of Content
Company hereby grants you a non-exclusive, non-transferable, non-sublicenseable, revocable, personal license for the term hereof to access and download, display, and print one copy of the Content on any single computer solely for your personal or internal business use, provided that you do not modify the Content in any way and that you retain all copyright and other proprietary notices displayed on the Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Content without Company’s prior written consent. Company expressly forbids the distribution in any form of Content beyond the one sole computer you have used to access the Content or Website. This means, among other things, that you may not repost any Content or link back to any Content without the express consent of Company (see Section 11).
4. User Postings
You acknowledge, agree and hereby irrevocable grant Company any and all present and future rights, title, and interests of every kind and nature whatsoever and agree Company has the unrestricted right to use, distribute, publish, and otherwise exploit any and all information that you post or otherwise publish on the WebSite in postings, survey responses, and otherwise (“Submissions”), and you hereby waive any claims against Company for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Company’s use and publication of such Submissions. You covenant that you shall not post or otherwise publish on the WebSite any materials that (a) are threatening, libelous, or defamatory; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; (g) are obscene or pornographic; or (h) or any other material that would violate any applicable law. Company does not and cannot review all information posted to the WebSite by users and is not responsible for such information. However, Company reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
Company shall not have any obligation (express or implied) to use (or post) any Submission or to otherwise exploit, or if used to continue any such use or exploitation, and may at any time abandon any use or exploration in its sole discretion and you will not be entitled to any damages or entitlements.
5. Notices of Infringement and Takedown by Company
Company prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Company at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Company will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Company’s contact for submission of notices under this Section 5 is: Alissa McGowan, 1100 Market St Fl 6, Chattanooga, TN 37402.
6. Communications and Orders
You authorize Company to: (a) accept communications that we receive from you by means of the WebSite or e-mail as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any Company personnel; and (c) respond to your communications by means of Internet communications, e-mail or other communications. Communications you send to Company by means of the WebSite or e-mail are not effective unless and until they are processed by the responsible Company representative. Company may refuse to process any communications sent to us by means of the WebSite or e-mail, or may reverse the processing, at any time in our discretion, and without any notice or liability.
Any product that is made available to download from the WebSite (“Product”) is the copyrighted work of Company and/or its suppliers. Use of the Product is governed by the terms of the license agreement, if any, which accompanies or is included with the Product (“License Agreement”). The Product is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Product not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE PRODUCT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH PRODUCT.
THE PRODUCT IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, COMPANY MAY MAKE AVAILABLE PART OF THE PRODUCT FOR USE AND/OR DOWNLOAD.
Permission to use Products or Content from the WebSite is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Products or Content is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Products or Content are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download or reproduce extracts from the Products or Content for distribution in the classroom as follows: extracts may not exceed 250 words, no illustrations or art may be reproduced in paper format larger than 5 inches by 5 inches, no distribution outside of a classroom is allowed. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
7. Information Accuracy
Although Company uses reasonable efforts to maintain the accuracy and currency of the Content of this WebSite, Company makes no warranties or representations as to its accuracy or currency. This WebSite may contain typographical errors and technical inaccuracies. Company assumes no liability or responsibility for any errors or omissions in the Content of this WebSite. Such information should not be relied upon or used as the basis for any decision. All users of this WebSite must carry out their own due diligence in respect of all matters referred to and satisfy themselves as to the accuracy thereof. Company may update and/or modify the information contained on this WebSite at any time and without notice.
Although Company uses reasonable efforts to ensure that all software provided at this WebSite is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system.
8. Account and Password
You may decide to create an account foe use with the WebSite. You will be asked for an email address that will be used to create your account, and a password will be sent to your email. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify Company if there is any unauthorized use of your account or any breach of security.
9. Additional License Restrictions
Any licenses given for the WebSite do not include any rights to: modify, download (other than page caching), reproduce, copy, or resell the WebSite, the Content or any portion or derivative thereof; commercially use the WebSite, the Content or any portion derivative thereof; copy or download any User’s account or profile information for the benefit of any third party; enable high volume, automated, electronic processes that apply to the WebSite or its systems, the Content or any portion or derivative thereof; use any robot, spider, data miner, crawler, scraper or other automated means to access or index the WebSite or its systems, the Content or any portion or derivative thereof for any purpose; interfere or attempt to interfere with the proper working of the WebSite; bypass any measures used by WebSite to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company; use Company’s name, trademarks, services marks or logos in any meta tags or any other “hidden text” or compile, repackage, disseminate or otherwise use data extracted from the WebSite.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Company’s express written consent (which may include a written agreement signed by an authorized representative of Company). Any unauthorized use of the WebSite, the Content or any portion or derivative thereof shall terminate any license or permission granted by Company.
Any agreement (oral or written) for Services shall be the only source of any representations, comments, statements, claims, inducements, warranties, guarantees, or other promises provided or made by Company in regards to Services. And any representations, comments, statements, claims, inducements, warranties, guarantees, or other promises contained on or in this WebSite and any Contents are generalizations not specific to any one agreement for Services and shall in no way apply to any Services you receive from Company. You are cautioned not to assume any such representations, comments, statements, claims, inducements, warranties, guarantees, or other promises will apply to Services rendered by Company unless specifically listed in a written, mutually signed Service agreement.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT COMPANY IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE CONTENT.
COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. IN NO EVENT WILL COMPANY OR ITS THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE 1542 (OR OTHER SIMILAR LAW), WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY COMPANY, EXCEED $100 (US).
Certain countries, states and/or jurisdictions do not allow the exclusion of some warranties or limitations of liability, so the exclusions set forth above may not apply to you. If the limitations above do not apply to you, Company’s damages shall be limited to the maximum extent allowed by applicable law.
11. Third-Party Websites
Any links contained on this WebSite shall not be construed as an endorsement by Company of any such linked website. Company has not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit such a web site that is linked to this WebSite, please contact firstname.lastname@example.org and we will determine if the link should be removed from this WebSite.
You may not provide a link to this WebSite without our express written permission. If you would like to provide a link to this WebSite, please contact email@example.com.
The price for an item on the WebSite may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the WebSite. If the price for the item on the WebSite is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Company, Company may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
Please note that this policy regarding prices applies only to items sold and shipped by Company. Any purchases from any third-party sellers on the WebSite may be subject to different policies in the event of an incorrectly priced item.
14. Risk of Loss
The risk of loss and title for all items purchased via the Website pass to the User upon delivery of the item to the carrier or transit agent.
15. Age of Users
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use WebSite without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the WebSite, we will remove that information as soon as possible.
16. Termination of Usage
In certain cases, in Company’s sole discretion, Company may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the WebSite has been terminated including the right to use, access or create any account thereon; (ii) that Company refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
18. Governing Law; Jurisdiction
Alternatively, at Company’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Tennessee. All parties further agree to the exclusive personal jurisdiction of said courts. The parties hereby waive any rights they may have to a change of venue.
In the event that any party commences any legal or equitable action or other proceeding (including arbitration), the prevailing party shall be entitled to recover any attorney’s fees.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
Company does not warrant that this WebSite or its Contents will be lawful outside the United States. If you view, access, submit, or download materials to and from the WebSite outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Content or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations.
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.
A waiver of the breach of any covenant, condition, or promise of these Terms shall not be deemed a waiver of any succeeding breach of the same or any other covenant, condition, or promise of these Terms. No waiver shall be deemed to have been given, unless given in writing.
You are solely responsible for your interactions with other Users. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.