Date of Last Revision: August 27, 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, 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, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply to your access to, and use of, the Web site of Giffords and Giffords PAC (together “Giffords”), located at https://giffords.org/ and any other Giffords web sites, mobile sites or applications (collective the “Sites”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Giffords, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and Giffords for violations of these Terms.
Giffords reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
2. Terms of Sale
All sales from the Sites are governed by Gifford’s Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products from Giffords. By ordering products through the Sites, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Gifford’s sole discretion so you should review the Terms of Sale each time you make a purchase.
3. Copyright and Limited License
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the Giffords logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Giffords or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose.
Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Giffords, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
AMERICANS FOR RESPONSIBLE SOLUTIONS, the Giffords logos and any other Giffords product or service names or slogans contained in the Sites are trademarks of Giffords, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Giffords or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Giffords” or any other name, trademark or product or service name of Giffords without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Giffords 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, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Giffords or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Giffords logo or other proprietary graphic of Giffords to link to this Sites without the express written permission of Giffords. Further, you may not use, frame or utilize framing techniques to enclose any Giffords trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Giffords’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Giffords or any third party.
Giffords makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Giffords and Giffords is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Giffords provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Giffords of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
6. Third Party Content
Giffords may provide third party content on the Sites and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Giffords does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Giffords is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
7. Advertisements and Promotions; Third-Party Products and Services
Giffords may run advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party organizations, products or services on the Sites. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Giffords is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Giffords advertisers or third party information on the Sites.
You acknowledge and agree that any content, comments or materials submit to Giffords, whether on or through the Sites, by email, regular mail or through other methods, including but not limited to any comments, questions, videos, photographs, audio recordings, written materials, posts, messages, suggestions, ideas, plans, notes, drawings, data or information (the “Submissions”), are non-confidential to you and shall become the sole property of Giffords. Giffords shall own exclusive rights in, including all intellectual property rights, and shall be entitled to the unrestricted use, publication and dissemination of, the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby assign all of your right, title, and interest, including all copyrights, in and to such Submissions to Giffords, and you agree to take such further actions as Giffords may reasonably request, at its expense, to evidence and effect such assignment. You also grant Giffords and its affiliates and sublicensees the right to use the name that you submit in connection with such Submissions at its option. You represent and warrant that (a) you own and control all of the rights in and to the Submissions that you submit or you otherwise have the right to submit such Submissions to Giffords; (b) all Submissions are accurate and not misleading and were obtained without violating any applicable laws, rules or regulations or any of the conduct rules set forth below; (c) all Submissions fully comply with the Submission Rules set forth below; and (d) neither the Submission nor the use thereof by Giffords will infringe upon or violate the rights of, or cause any injury to, any person or entity.
You agree to defend, indemnify and hold harmless Giffords, its independent contractors, service providers and consultants, and their respective directors, employees and agents, 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 Submissions or to your conduct on the Sites, including without limitation any actual or threatened suit, demand or claim made against Giffords and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Submissions, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GIFFORDS, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GIFFORDS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. GIFFORDS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE GIFFORDS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, GIFFORDS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Giffords reserves the right to change any and all content contained in the Sites and to modify, suspend or discontinue the Sites or any Services offered through the Sites or any features or functionality of the Sites or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Giffords.
11. Limitation of Liability
IN NO EVENT SHALL GIFFORDS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS 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 (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GIFFORDS, 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 GIFFORDS’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GIFFORDS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES OR TO THESE SITE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GIFFORDS FOR ACCESS TO OR USE OF THE SITES.
12. Applicable Law and Venue
These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the District of Columbia, applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Giffords reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
15. Questions & Contact Information
Questions or comments about the Sites may be directed to Giffords at [email protected]