Please read these Terms of Service carefully. BY ACCESSING OR USING THIS WEBSITE, OR ANY MOBILE SITES, MOBILE APPLICATIONS, OR OTHER SOCIAL MEDIA APPLICATIONS THAT LINK TO THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. If you do not agree to all of these Terms of Service, do not use this website, or any mobile sites, mobile applications, or other social media applications that link to these Terms of Service.
This website, and any mobile sites, mobile applications, or other social media applications that link to these Terms of Service (the “Sites”) are operated by Joe Toweett, the official 2016 Senate Campaign Committee for Dr. Joe Toweett (“Joe Toweett”). Based on your use of the Sites, Joe Toweett may provide you services, including, but not limited to, information about Dr. Joe Toweett personal appearances, television appearances, talking points, donation opportunities, and other campaign related information and services (the “Services”).
Eligibility to Use the Services.
Generally, anyone can access information available on the Internet. However, to use the Services, you must be 18 years of age or older and legally capable of forming a binding contract with Joe Toweett. Joe Toweettn will not knowingly permit persons under 18 years of age to use the Services.
Limited License to Use the Sites and the Material on the Sites.
You are granted a limited, non-exclusive license to access and use the Sites and the material on the Sites for your informational, non-commercial, and personal use only (the “License”). You may not sell, assign, sublicense, or otherwise transfer or encumber the License and any attempt to do so is void ab initio.
The License does not include the right to: (a) resell or commercially use the Sites or the material on the Sites; (b) reproduce, distribute, or use for public performance or public display any of the material on the Sites, except as expressly permitted on the Sites; (c) modify or otherwise make any derivative use of the Sites and the material on the Sites, or any portion thereof; (d) use any data mining, robots, spiders, or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Sites, the material on the Sites, or any information contained therein, except as expressly permitted on the Sites; or (f) bypass the measures Joe Toweett may use to prevent or restrict access to the Services. Any use of the Sites or the material on the Sites other than as specifically authorized herein, without the prior written permission of Joe Toweett, is strictly prohibited and will terminate the License.
Unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Joe Toweett reserves all rights not expressly granted herein.
Unless otherwise indicated on the Sites, the Sites and all content and other material on the Sites, including, without limitation, logos, slogans, designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (the “Site Material”) are the proprietary property of Joe Toweett or its licensors or permitted users and are protected by U.S. and international copyright and trademark laws. No Site Material may be copied, imitated, or used, in whole or in part, without the prior written permission of Joe Toweett.
You may not use any metatags or any other “hidden text” utilizing “Joe Toweett,” “Joe Toweett” or any other name, trademark, or product or service name of Joe Toweett without our prior written permission. In addition, the look and feel of the Sites, including, but not limited to, all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, or trade dress of Joe Toweett and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names, or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Joe Toweett.
You may choose to or we may invite you to post to the Sites or submit comments, feedback, suggestions, ideas, pictures, graphics, or information or material to Joe Toweett or the Services, including, but not limited to, ways to improve the Services (“Submissions”). By submitting a Submission, you agree (a) that your Submission is gratuitous and without restriction; (b) that the Submission is non-confidential and becomes property of Joe Toweett; (c) Joe Toweett is under no fiduciary or other obligation to you; (d) that we are free to use the Submission without any compensation to you, and (e) Joe Toweett may disclose or disseminate the Submission, in whole or in part, in its original format or otherwise, including, but not limited to, advertising, fundraising, and other communications. You further acknowledge that, by acceptance of your Submission, Joe Toweett does not waive any rights to use similar or related Submissions previously known to Joe Toweett or obtained from sources other than you.
Third Party Links and Information.
The Sites may contain links or references to third-party material that is not owned or controlled by Joe Toweett. If you access a third party website or service, you do so at your own risk. You agree and acknowledge that Joe Toweett is not responsible for the availability of resources or external websites and does not endorse and is not responsible or liable for any content provided therein. Accordingly, you also agree and acknowledge that Joe Toweett will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such content, services on or through any such linked website or resource or goods.
User Content and Interactive Services or Areas.
The Sites may include interactive areas or services, including, but not limited to, forums, blogs, chat rooms or message boards (“Interactive Areas”), or other areas or services in which you or other users may create, post, share or store content, messages, material, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Content”). You are solely responsible for your use of these Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, or misleading;
User Content that would constitute, encourage, or provide instructions for a criminal offense or violate any local, state, Federal, or international law.
User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, advertising, or solicitations;
Private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers;
Viruses, corrupted data, or other harmful, disruptive, or destructive files; and
User Content that, in the sole judgment of Joe Toweett, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Joe Toweett or its users to any harm or liability of any type.
Joe Toweett takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Joe Toweett liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the User Content or conduct rules set forth in these Terms of Service is solely at the discretion of Joe Toweett, and failure to enforce the rules in some instances does not constitute a waiver of the right of Joe Toweett to enforce the rules in other instances. In addition, these Term of Service do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by the rules. As a provider of interactive services, Joe Toweett is not liable for any statements, representations, or User Content provided by its users in any public forum, blog, or other Interactive Area.
Although Joe Toweett has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Sites at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Service and may result in, among other things, termination, or suspension of the License to use the Interactive Areas and/or the Sites.
To the extent ownership of the User Content does not pass to Joe Toweett under these Terms of Service, you grant Joe Toweett and its affiliates and licensees a nonexclusive, royalty-free, perpetual, irrevocable and fully licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, including, but not limited to, in advertising, fundraising, and other communications in support of Joe Toweett. You represent and warrant that (a) you own and control all the rights to the User Content that you post or you otherwise have the right to post the User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.
Text Messages and Other Mobile Communications.
If you provide your mobile telephone number and subsequently confirm your desire to receive updates or other information by mobile telephone or text message (the “SMS Service”), you consent to receiving text messages from Joe Toweett and to Joe Toweett otherwise communicating with you via your mobile device. We do not charge for this SMS Service. However, your carrier's standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence or transmissions. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. At any time, you may text STOP to cancel or text HELP for customer support information. While we will take steps to remove you from our SMS Service upon request, Joe Toweett shall not be liable for any data or other rates or fees that are billed to you after you make the request but before Joe Toweett removes you from the SMS Service.
We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your mobile service operator. The SMS Service is provided on an “as is” basis, and we make no warranty, express or implied, and all warranties, including implied warranties of merchantability and fitness for particular purpose, are hereby expressly disclaimed.
By requesting or otherwise using the SMS Service, you acknowledge and agree that we will have the right to change and/or terminate the SMS Service at any time, with or without cause and/or advance notice.
All content provided in connection with the SMS Service is appropriate for ages 13 and older (T13+).
Individual Contributions to Joe Toweett.
By submitting a contribution using the Sites, you certify, represent and warrant that:(a) the funds you are contributing are your own personal funds and not those of another person; (b) your contribution is not from the general treasury funds of a corporation, labor organization, or national bank; (c) you are not a federal contractor; (d) you are making this contribution via your personal credit or debit card for which you have a legal obligation to pay, and not through a corporate or business entity card or the card of another person; and (e) you have not and will not receive reimbursement of any portion of the contribution that you make to Joe Toweett.
If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive
Notification of Claimed Infringement: Dr. Toweett.
Full Address of Designated Agent to
Which Notification Should be Sent: firstname.lastname@example.org
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
You agree to defend, indemnify, and hold harmless Joe Toweett, its officers, directors, employees, independent contractors, service providers and consultants, and their respective directors, employees, and agents (“Indemnified Party”), from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Sites, your use of the Interactive Areas, or any act or omission relating to the Site or the User Content, including, but not limited to, any actual or threatened suit, demand, or claim made against an Indemnified Party, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service, or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Joe Toweett, THE SITES, THE SITE MATERIAL CONTAINED THEREIN AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Joe Toweett DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS, OR OTHER SITE MATERIAL ACCESSED THROUGH THE SITE. Joe Toweett DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIAL, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
Joe Toweett IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO TEXT OR PHOTOGRAPHY. WHILE Joe Toweett ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, Joe Toweett CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIAL, OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Joe Toweett IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZED BY OTHER USERS OF THE SITES.
Joe Toweett reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice.
Limitation of Liability.
IN NO EVENT SHALL Joe Toweett OR ANY INDEMNIFIED PARTY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED, TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE USER CONTENT, OR THE SITE MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM Joe Toweett, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Joe Toweett RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Joe Toweett, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIAL EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Joe Toweett FOR ACCESS TO OR USE OF THE SITES.
Certain state laws do not allow limitations on implied warranties or the exclusion of limitation of certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Applicable Law and Venue.
These Terms of Service and your use of the Sites shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia applicable to agreements made and to be entirely performed within the Commonwealth of Virginia, without resort to its conflict of law provisions. Any dispute shall be settled in the Commonwealth of Virginia and any court action shall be brought in the state courts in and for the City of Alexandria, Virginia (unless Federal law requires otherwise, in which case the action shall be brought in the Unites States District Court for the Eastern District of Virginia, in Alexandria, Virginia). The Parties hereby consent to the jurisdiction in Virginia and hereby waive any right to contest jurisdiction or claim an inconvenient forum.
Notwithstanding any of these Terms of Service, Joe Toweett reserves the right, at any time, without notice and in its sole discretion, to terminate your License, and to block or prevent your access to and use of the Sites.
These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Joe Toweett for products, services, or otherwise.
In the event that any provision of these Terms of Service, or any portion hereof, shall be declared invalid or unenforceable by a court of competent jurisdiction in any jurisdiction, such provision, or portion thereof, shall, as to that jurisdiction, be ineffective to the extent declared invalid or unenforceable without affecting the validity or enforceability of the other provisions of these Terms of Service, or any portion thereof, and the remainder of these Terms of Service shall remain binding on you. However, in the event that any provision, or any portion thereof, shall be declared unenforceable because of its scope, breadth, or duration, then it shall be automatically modified to the scope, breadth, or duration permitted by law and shall be fully enforceable in that jurisdiction as so modified as if such modification was made upon the first date you accessed the Sites or received the Services.
Amendments to the Terms of Service.
Joe Toweett reserves the right to revise or amend these Terms of Service at any time. If we do make a change, we will revise the date at the top of the Terms of Service. If you do not agree to all the terms of the latest Terms of Service, discontinue using the Sites and the Services. Continuing to use the Sites and the Services after the date at the top of the Terms of Service signifies that you agree to be bound by the terms and conditions set forth in the latest version of the Terms of Service.
Questions & Contact Information.
Questions or comments about the Sites may be directed to Joe Toweett at email@example.com.