These Terms of Service (“Terms”) apply to your access to and use of the websites and other online services (collectively, the “Services”) provided by the Wesley Smith campaign (“Wesley4Washington”, “Wesley”, “we” or “us”). By accessing and using the Services, you agree to these Terms. If you do not agree to these Terms, do not use the Services.
We may provide additional or different terms and conditions with respect to some of the Services (“Additional Terms”). If you use any Services with Additional Terms, the Additional Terms will apply to your use of such Services. If there is any conflict between these Terms and any Additional Terms, the Additional Terms will control to the extent of such conflict.
We may update these Terms from time to time. If we make any changes to these Terms, we will notify you by revising the “Last Revised” date at the top of these Terms and, in some cases, we may provide you with additional notice (such as by adding a statement to our website homepage or by sending you a notification). Unless otherwise indicated in our notice to you, any changes to these Terms will be effective immediately, and your continued use of the Services following our provision of such notice will confirm your acceptance of such changes. If you do not agree to any changes to these Terms, you must stop using the Services.
If you have any questions regarding these Terms or the Services, please contact us at email@example.com
Prohibited Content and Conduct
You will not violate any applicable law, contract, intellectual property right or other third-party right, or commit a tort, and you are solely responsible for your conduct while using the Services. You will not:
- engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
- impersonate, submit, or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- sell, resell, or commercially use the Services;
- copy, reproduce, distribute, publicly perform, or publicly display all or portions of the Services, except as expressly permitted by us or our licensors;
- modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Services without our prior written consent;
- use the Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- reverse engineer any aspect of the Services or do anything that might discover source code or that might bypass or circumvent measures employed to prevent or limit access to any part of the Services;
- use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Services;
- develop or use any applications that interact with the Services without our prior written consent;
- send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- bypass or ignore instructions contained in our robots.txt file; or
- use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
This Section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless Wesley4Washington and its officers, directors, employees, volunteers and agents (individually and collectively), from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) (“Claims”) arising out of or related to (a) your access to and use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your conduct in connection with the Services; or (e) your violation, misappropriation, or infringement of any rights of any third party (including intellectual property or privacy rights).
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITING BY WESLEY4WASHINGTON, THE SERVICES AND ANY CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WESLEY4WASHINGTON DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WHILE WESLEY4WASHINGTON ATTEMPTS TO MAKE YOUR USE OF THE SERVICES AND ANY CONTENT THEREIN SAFE, WESLEY4WASHINGTON CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT THEREIN OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WESLEY4WASHINGTON BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, EVEN IF THE WESLEY4WASHINGTON HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF WESLEY4WASHINGTON FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WESLEY4WASHINGTON FOR ACCESS TO OR USE OF THE SERVICES.
THE LIMITATIONS SET FORTH IN THIS SECTION 11 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF WESLEY4WASHINGTON OR FOR ANY OTHER MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN ADDITION, PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Applicable Law and Venue
Any dispute arising out of or related to these Terms or your use of the Services will be governed by and construed and enforced in accordance with the laws of Missouri applicable to agreements made and to be entirely performed within Missouri, without regard to its conflict of law provisions. Each party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in Missouri for all disputes arising out of or related to these Terms or your use of the Services.
Modification or Termination of the Services
We reserve the right to modify the Services or to suspend or stop providing all or portions of the Services at any time and without prior notice to you. We are not responsible for any loss or harm related to your inability to access or use the Services.
If any provision or portion of a provision of these Terms is deemed to be unlawful, void or unenforceable, that provision or portion thereof is deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Any failure by Wesley4Washington to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision of these Terms, unless expressly waived in writing by Wesley4Washington. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.