The following terms and conditions govern all use of the Liberty and Justice Coalition’s site and all content and services. The Website is owned and operated by Liberty and Justice Coalition, hereinafter referenced as LibJusCo. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein. Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement.
1. Your LibJusCo Account.
If you create a blog or comment on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog or comment. You must not describe or assign keywords to your blog or comment in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and LibJusCo may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause LibJusCo liability.
You must immediately notify LibJusCo of any unauthorized uses of your account or any other breaches of security. LibJusCo will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
1. Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either
(1) received permission from your employer to post or make available the Content, including but not limited to any software, or
(2) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by LibJusCo or otherwise. By submitting Content to LibJusCo for inclusion on your Website, you grant LibJusCo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, LibJusCo will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, LibJusCo has the right (though not the obligation) to, in LibJusCo’s sole discretion
(1) refuse or remove any content that, in LibJusCo’s reasonable opinion, violates any LibJusCo policy or is in any way harmful or objectionable, or
(2) terminate or deny access to and use of the Website to any individual or entity for any reason, in LibJusCos sole discretion. LibJusCo will have no obligation to provide a refund of any amounts previously donated and or paid.
1. Payments.
General Terms. Optional paid services such as our member only pages are available on this Website. By making a donation of at least $5.00 USD to LibJusCo per month,(charged on a pre-pay basis on the day you sign up) you will offered access to our members only pages. This gives you the ability to view and post comments in our members only blog pages. Visit our Donate page to sign up via the PayPal donate button under Legal Fund Monthly Giving or General Operations Fund Monthly Giving and sign up for a donation of at least $5.00 USD per month recurring. Donations or payments are not refundable. Members only access is subject to approval and will be given as soon as LibJusCo or its agents verify payment has been received via our donation payment provider. You will be sent login credentials such as a password token via your email associated with your member account. Please give us 24-72 hours to verify your membership. Please feel free to contact us about any issues regarding your paid membership account.
1. Automatic Renewal.
Automatic Renewal. Unless you notify LibJusCo’s donation payment provider before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee using any credit card or other payment mechanism our payment provider has on record for you. Cancellation of your LibJusCo donation plan with our payment provider will restrict you from having access to our members only pages and NO REFUNDS will be given.
1. Responsibility for Content.
Responsibility of Website Visitors. LibJusCo and cannot reviewall of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content use or effects. By operating the Website, LibJusCo does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. LibJusCo disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
1. Copyright Infringement and DMCA.
As LibJusCo asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by LibJusCo violates your copyright you are encouraged to notify LibJusCo in accordance with LibJusCo’s Digital Millennium Copyright Act (“DMCA”) Policy. LibJusCo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. LibJusCo will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of LibJusCo or others. In the case of such termination, LibJusCo will have no obligation to provide a refund of any amounts previously donated or paid to LibJusCo.
1. Changes to Agreement.
LibJusCo reserves the right at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
1. Termination of Agreement.
LibJusCo may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your LibJusCo account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
1. Limitation of Liability.
In no circumstances will LibJusCo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(1) any special, incidental or consequential damages; (2 the cost of procurement for substitute products or services;
(3) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to LibJusCo under this agreement during the twelve (12) month period prior to the cause of action. LibJusCo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
1. Indemnification.
You agree to indemnify and hold harmless LibJusCo, its contractors, and its licensors, and their respective directors, officers, volunteers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
1. Miscellaneous Provisions.
This Agreement constitutes the entire agreement between LibJusCo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LibJusCo, or by the posting by LibJusCo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New Mexico, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Fe, New Mexico. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Fe, New Mexico, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
1. Severability Clause.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; LibJusCo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.