Terms And Conditions
Welcome to the ActRight.com web site ("the Site"). The terms and conditions of your use of the Site are described below. These terms and conditions may be updated or changed without notice to you. In addition, other posted guidelines and rules may be applicable to certain ActRight.com services. You will be subject to those posted guidelines and rules that are applicable to the services that you use on ActRight, which may also be updated or changed from time-to-time.
DESCRIPTION OF SERVICE
ActRight.com currently provides its users with access to a wide variety of commentary, news and information, services, products, announcements, communications tools and on-line resources ("the Service")
In order to participate in certain Services provided by us, it may be necessary to register. In all instances when you register for Service on the Site, you will: (1) provide current, complete, and accurate information about yourself as prompted to do so by the registration form; and (2) maintain and update such registration information as required to keep such information current, complete and accurate. If any registration data that you provide is untrue, inaccurate, not current or incomplete, we may terminate your account and rights to use our services or conduct transactions on the Site.
INTELLECTUAL PROPERTY RIGHTS
(a) The Site and all intellectual property rights included in or related to the Site(s) (including but not limited to copyrights, trademarks and service marks, as well as text, graphics, software and all codes and scripts in any format used to implement the Site) are owned or licensed by us, and all right, title and interest in the Site and such intellectual property rights remain our exclusive property. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain content is licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. If you download material displayed, you must retain all copyright and other proprietary notices displayed on the materials.
(b) We shall own and retain all right, title and interest in and to any intellectual property rights related to the manufacture or configuration of the products developed with and/or sold to you unless we agree otherwise in writing. Nothing in this Agreement shall be construed or interpreted to entitle you to claim any rights or to convey to you any implied license in respect of any custom items designed for you, or any of our specifications, designs or other intellectual property rights in the items not expressly provided for in this Agreement.
(c) All information appearing on the Site is subject to copyright.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques.
INFORMATION POSTED ON OUR WEB SITE
Although we make every conscientious effort to research and qualify all content posted to the Site, we do not endorse any information posted or content contained on the Site and we are not liable for any information posted on the Site, including but not limited to any information posted about you. We reserve the right to take any action that we believe is appropriate in our sole discretion with respect to information posted on the Site, including but not limited to termination of your right of use. However, we cannot, nor do we, control the information provided by users or content providers which is made available through the Site. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.
The Site may contain links to third party web sites not under our control or operation. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content, availability, advertising, products, goods, information, services, materials or any aspect of any linked site or any link contained in a linked site beyond what is explictly written with such links. You further acknowledge and agree that Act Right shall not be, directly or indirectly, responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any linked site(s) or any goods, products, services, information, materials available through such sites.
COMPLIANCE WITH LAWS
You must comply with all applicable U.S. federal, state or local or any applicable non-U.S. laws, statutes, ordinances and regulations regarding your use of the Site, or your purchase of products and services, and posting and retrieval of information through or on the Site. You are responsible for paying all applicable fees and taxes you incur in connection with access of our servers. YOU REPRESENT AND WARRANT TO US THAT YOU DO NOT INTEND TO USE THE SITE TO VIOLATE ANY U.S. OR OTHER APPLICABLE LAWS.
TERMINATION AND MODIFICATION
USER NAMES, PASSWORDS AND SECURITY
For some features of ActRight.com you will be asked to create a username and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ActRight.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Act Right cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9.
ActRight does its best to honor refunds requested for reasons such as input error, when a contributor accidentally donates twice or enters the wrong donation amount. ActRight will not consider refunds for other reasons such as a change in political opinion, the loss of an election or the cancellation of an event. ActRight reserves the right to refuse a refund request for these or other reasons.
All refund requests are subject to the availability of the contribution funds. Because ActRight forwards contributions to the candidate, cause, or committee to whom you choose to contribute, ActRight will only refund a contribution if we still have the funds or can recover the funds from the recipient. For this reason, it is of the utmost importance that you make your request for a refund as soon after contributing as possible.
All refunds issued by ActRight will be credited back to the card used to make the contribution. In all cases where we are not able to accommodate a refund request, we will be happy to refer you to the recipient of your contribution so that you may request a refund directly from them.
If our fraud detection systems flag a transaction as fraudulent, the contribution will be refunded automatically regardless of whether a refund has been requested.
The Site is only a site for electronic marketplace activities. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This is an agreement between you and us and is not intended to be for the benefit of any third party.
Except as explicitly stated otherwise or required by law, you shall provide any notices to ActRight.com by e-mail to [email protected]Right.com. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration. E-mail notices will be deemed given within 12 hours after being sent.
The Site (excluding unaffiliated linked sites) is operated by an Internet Hosting Agency of our choosing, based in the United States of America. It can be accessed from around the world. As each of these jurisdictions has laws that may differ from those of our Hosting Agency, by accessing the Site, you agree that this Agreement and your use of the Site shall be governed in all respects by the internal substantive laws of the State of Illinois, without regard to conflict of laws provisions. ActRight.com makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Any controversy or claim arising out of or relating to this Agreement or our relationship shall be settled by binding arbitration in accordance with the International Arbitration Rules of the American Arbitration Association. A sole arbitrator approved in accordance with such rules shall conduct the arbitration in Chicago, Illinois, in English, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Either of us may seek any interim or preliminary relief from a federal or state court located in the State of Illinois, Cook County necessary to protect either of our respective rights or property pending the completion of arbitration and you agree to submit to the jurisdiction and venue of such courts for such purpose. The award shall be final and binding on the parties and each party hereby waives to the fullest extent permitted by law any right it may otherwise have under the laws of any jurisdiction to any form of appeal.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE AND UNDERSTAND THAT: YOU USE THIS SITE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OS SUCH MATERIAL. FIDELIS DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. ACTRIGHT.COM, ITS SPONSORING ORGANIZATION, SUBSIDIARIES, PRINICIPLES AND AFFILIATES HAVE NOT MADE AND SPECIFICALLY DISCLAIM, AND YOU HAVE NOT RECEIVED, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED OR ACCESSED THROUGH THE SITE WILL BE ACCESSIBLE OR USABLE AT ANY PARTICULAR TIME OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
You agree to indemnify, defend and hold ActRight.com and its subsidiaries and affiliates and their respective officers, directors, members, employees and agents (the "Indemnified Parties") harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site, your breach of any provision of this Agreement and/or any wrongdoing by you. Any such indemnification shall be conditioned on the Indemnified Party's: (a) immediately notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. Any Indemnified Party shall be entitled to participate in such defense at its own cost and expense. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
LIMITATION OF LIABILITY
Our contracts with certain of our suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of the Site caused by our supplier's performance or lack of performance of the maintenance work to keep the Site operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, misdeliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the Site. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF THE SITE, OUR SERVICES OR THIS AGREEMENT HOWEVER ARISING, INCLUDING CONTRACT NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. The limitations of liability provided in this Agreement inure to the benefit of ACTRIGHT.COM its subsidiaries, affiliates and to their respective officers, directors, shareholders, members, employees and agents.
OTHER GENERAL PROVISIONS
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, and all writings and web pages incorporated by reference into this Agreement, set forth the entire understanding and agreement between us with respect to the subject matter hereof.