Dated: January 1st, 2021
Welcome to Broad and Liberty, Inc.’s (“Broad and Liberty”) Web site located at www.broadandliberty.com (the “Site”). Broad and Liberty is a nonpartisan organization, recognized as tax-exempt under Section 501(c)(3) of the Internal Revenue Code. Broad and Liberty does not endorse or oppose any candidate for political office. The opinions of writers located on the Site, in our videos, on our audio files, or in our publications (both digital and print) are their own and shall not be construed as necessarily reflecting the views of, or endorsed by Broad and Liberty. None of Broad and Liberty’s writings, events, videos, images, software applications, or audio files should be construed as an attempt to aid or hinder the passage of any proposition or any bill before the state legislature or the United States Congress or as an attempt to aid the election or defeat of any public official.
Please read these Terms carefully before using the Site. You understand and agree that your use of the Site or any services made available on or through the Site signifies that you fully accept and agree to these Terms. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use the Site and must exit and discontinue your use of it immediately.
If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact Broad and Liberty at 1420 Locust Street, Suite 200, Philadelphia, Pennsylvania 19102 Attention: Legal or by emailing email@example.com with subject line “ATTN: Legal.”
- General Restrictions on Use
You agree to use the Site only for purposes that are permitted by these Terms, and at all times in compliance with all applicable laws, regulations, and generally-accepted practices and guidelines in the relevant jurisdictions. You may use the Site as authorized in these Terms and for no other purposes.
You agree not to use the Site:
- In any way that violates any applicable federal, state, provincial/territorial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software);
- To impersonate or attempt to impersonate Broad and Liberty, a Broad and Liberty employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen or account names associated with any of the foregoing); and
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Broad and Liberty or users of the Site or expose them to liability, or that may violate these Terms.
Without limiting the foregoing, you additionally agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or any Broad and Liberty systems, or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- Use any bot, crawler, spider, scraper or other automatic device, process or means to access the Site or any information transferred through the Site, for any purpose, including monitoring, copying or transferring any of the content on the Site;
- Use any manual process to monitor, copy or transfer any of the content on the Site or any information transferred through the Site, or for any other unauthorized purpose without our prior written consent;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose, including commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or other signifier owned by Broad and Liberty in a way that is likely or intended to cause confusion about the owner or authorized user of materials;
- Use any device, software or routine that interferes with the proper working of the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, including without limitation any information transferred through the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Site.
- Intellectual Property
As between you and Broad and Liberty, Broad and Liberty owns all patent, copyright, trademark, trade secret, ideas, concepts, know-how, documentation or techniques or other intellectual property rights that may exist in (i) the Site, any graphics, texts, icons, buttons, data or information we include in the Site, and any products, training materials, deliverables, and the Broad and Liberty network or databases that may be utilized to provide the services (“Site Content”), and (ii) any information, data, trends, analyses, metadata or other data which may be derived from any of the foregoing that is derived or created by Broad and Liberty and Broad and Liberty’s databases and networks. The Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You shall not remove or alter any copyright notice or any other proprietary notice on the Site or on any Site Content. All names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Broad and Liberty or its licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.
Certain features of the Site may allow you to contribute text, images, data, and other information and materials to the Site for access, use, viewing, and commentary by other users of the Site and/or Broad and Liberty (collectively, “User Content”). By posting User Content to the Site or otherwise submitting User Content to Broad and Liberty, you represent that you have the full legal right to provide the User Content and that use of the User Content by Broad and Liberty and all other persons and entities, on the Site, and/or in accordance with this section, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement, or promote or provide instructional information about illegal activities, promote physical harm, or injury against any group or individual, or promote any act of cruelty to animals, including instructions on how to assemble bombs, grenades, and other weapons or how to use or obtain illegal drugs; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity, or include any falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons; (e) contain or otherwise transmit any material that contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) be obscene, child pornographic, or indecent; (g) violate any community or Internet standard; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party, all as determined by Broad and Liberty in our sole and absolute discretion. Upon your submission of User Content or other material or information to Broad and Liberty, you grant Broad and Liberty a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, translate, create derivative works based upon, and sublicense the User Content, all without any compensation to you whatsoever.
No right, title or interest in or to the Site or any of the Site Content is transferred to you, and all rights not expressly granted herein are reserved by Broad and Liberty. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate patent, copyright, trademark and other laws.
- Monitoring and Enforcement; Termination
Broad and Liberty has the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (b) terminate or suspend your access to all or part of the Site, including without limitation, for any violation or suspected violation of these Terms. Without limiting the foregoing, Broad and Liberty has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing information on or through the Site. You waive and will hold harmless Broad and Liberty and its affiliates, licensees and services providers, from any claims resulting from any action taken by Broad and Liberty or any of the foregoing parties during, or as a result of, its investigations, and from any actions taken as a consequence of investigations by such parties or law enforcement authorities.
- Disclaimers and Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BROAD AND LIBERTY DOES NOT MAKE ANY PROMISE, REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUFFICIENCY OF THE SITE, SITE CONTENT OR USER CONTENT TO BE PROVIDED HEREUNDER BY BROAD AND LIBERTY.
The information presented on or through the Site, including any information provided to you which is requested through the Site (such as reports ordered, or based on information gathered, via the Site), is made available for general information purposes. While Broad and Liberty will endeavor to provide you with information that it believes to be accurate based on the information and data provided by you, Broad and Liberty cannot and does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on the information presented to you on or through the Site, including any information provided to you which is requested or received through the Site, is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER BROAD AND LIBERTY NOR ANY PERSON ASSOCIATED WITH BROAD AND LIBERTY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, THE SITE, THE SITE CONTENT, OR THE INFORMATION CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER BROAD AND LIBERTY NOR ANYONE ASSOCIATED WITH BROAD AND LIBERTY REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Limitation of Liability
IN NO EVENT WILL BROAD AND LIBERTY BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN EITHER IN A COURT OF LAW OR THROUGH ARBITRATION. IN NO EVENT SHALL BROAD AND LIBERTY’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF BROAD AND LIBERTY AND ITS LICENSORS SHALL NOT EXCEED TEN U.S. DOLLARS.
Without limiting the foregoing, you understand and acknowledge that Broad and Liberty shall not be liable to you for:
- Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
- Any loss or damage which may be incurred by you as a result of: (1) any reliance placed by you on the completeness, accuracy, or existence of any information or materials made available through the Site; (2) any changes that Broad and Liberty may make to the Site, or for any permanent or temporary cessation in the provision of the Site (or any features within the Site); (3) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site; (4) the use of any products or services obtained on or through the Site; or (5) any other matter relating to the Site, the Site Content, or the User Content.
The limitations on Broad and Liberty’s liability to you in this Section 5 shall apply whether or not Broad and Liberty has been advised of or should have been aware of the possibility of any such losses arising.
IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to defend, indemnify, and hold harmless Broad and Liberty, its parents, subsidiaries, officers, directors, shareholders, members, employees, agents, affiliates, licensors and suppliers, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Site; (b) your violation of any of these Terms; and (c) your violation of any third party rights, including intellectual property or privacy rights. This defense and indemnification obligation will survive the termination or cessation of these Terms and your use of the Site. Broad and Liberty reserves the right, at Broad and Liberty’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim that is referenced or otherwise covered by this Section 6 without the prior written consent of Broad and Liberty.
- Governing Law and Jurisdiction
These Terms represent the entire agreement between you and Broad and Liberty with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to its conflict of law rules. You hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania and you hereby irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
- Operation of the Site and United States Law
The Site is controlled and operated from within the United States. Without limiting anything else, Broad and Liberty makes no representation that the Site, Site Content, User Content, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.
- Notice of Infringing Content
While we are under no legal obligation to actively screen or edit User Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
To complain about User Content and/or to provide notice of allegedly infringing materials on the Site, please contact us using the contact information provided above.
You understand that Broad and Liberty may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Broad and Liberty will make a new copy of the Terms available on the Site. You agree that Broad and Liberty is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes.
You agree that any failure or delay by Broad and Liberty to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that Broad and Liberty has the benefit of under any applicable law) will not be taken to be a formal waiver of Broad and Liberty’s rights and that those rights or remedies will still be available to Broad and Liberty. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.