Terms and Conditions of Use
© 2012. All Rights
1. ACCEPTANCE OF
TERMS: The Defend My Dividend Coalition (“the Coalition”) currently: (a)
provides users with access to, and use of, information regarding various
products and services on its Web site located at www.defendmydividend.org ("Defend My
Dividend Web Site"). The Defend My Dividend Web Site is herein referred to
as the “Service.” The Terms and Conditions of Use ("Agreement")
containing the terms, conditions, notices and agreements below (collectively,
"Terms") govern your use of the Service. In the event of any conflict
between any one or more provisions in the Terms and in any other document or
agreement between the Coalition and you related to a specific product or
service offered on or through the Service, the provision in the Terms shall
The Service is
offered to you conditioned solely upon your acceptance of the Terms without
modification or reservation. Any and all rights not expressly granted in the
Terms are expressly reserved by the Coalition. PLEASE READ THE TERMS VERY
CAREFULLY! Your use of the Service means you agree to all of the Terms and
agree to them without modification or reservation.
2. DEFINITIONS: There are several
words that are used in this Agreement that have a specific meaning in the
Agreement. The words defined in this section shall have the following meanings
in this Agreement, unless to do so would be contrary to the clear intent of the
A. "Advertisers": Means any person, corporation, or any other entity
in whatever form that places an advertisement(s) on the Defend My Dividend Web
"Content" or "CONTENT": Means any message, information,
data, text, software, images or other materials that you post or transmit on
the Defend My Dividend Web Site.
C. “Information” or “INFORMATION”: Means the editorial content and graphics on
the Defend My Dividend Web Site, as well as the computer programs used to
generate the pages on the Defend My Dividend Web Site.
D. “Terms”: Means the
terms, conditions, and notices in the Agreement.
"your" and "user": Means all individuals and/or entities in
whatever form accessing or using the Service for any reason.
3. TRADEMARK AND
COPYRIGHT PROTECTIONS: The Coalition is the owner of all intellectual property rights
(including copyrights, service marks, and trademarks) in, on, and to the Defend
My Dividend Web Site. Material published by the Coalition on the Defend My
Dividend Web Site may contain other proprietary notices or describe products,
services, processes or technologies owned by the Coalition or third parties.
Nothing in the Terms or through the use of the Service shall be construed as
granting you a license to use such material under any copyright, service mark,
trademark, patent or other intellectual property right of the Coalition or any
third party, except as expressly set forth and granted in the Terms.
It is strictly
prohibited to delete or alter any copyright, service mark, trademark, or other
proprietary notices on or from the Defend My Dividend Web Site. You must retain
all copyright, service mark, trademark, and other proprietary notices contained
on the Defend My Dividend Web Site on any copy you make of the Information.
The Coalition name and logo are trademarks and/or service marks of the
Coalition. All related product and service names, design marks and slogans are
the trademarks or service marks of the Coalition, as are the "look"
and "feel" of the Defend My Dividend Web Site (including color
combinations, layout, design and all other graphical elements). All other
product, service marks, and trademarks contained on the Defend My Dividend Web
Site are the property of their respective owners.
All Information on the Defend My Dividend Web Site, as well as the computer
programs used to generate pages, and the Defend My Dividend Web Site are
protected by any and all U.S. and international copyright, service mark, and
trademark treaties, laws, regulations, and rules and may not be copied or used
without the express written permission of the Coalition, which reserves all
rights. Re-use of any of the Information for any purpose is strictly prohibited
without the Coalition’s prior written permission. Please contact email@example.com to request permission.
4. LIMITED LICENSE
AND USE: You are granted a non-exclusive, non-assignable and
non-transferable license to use the Service only under the Terms. You are
authorized to view and download a single copy of the Information solely for
your personal, noncommercial use.
This license is not a
sale of any of the respective intellectual property owner's rights. The Service
may be used only by you and you may not rent, lease, lend, sub-license, or transfer
the Service or any data residing on it or any of your rights under the Terms to
anyone else. Except as otherwise expressly provided, you may not modify, copy,
distribute, transmit, display, perform, reproduce, use, publish, license,
create derivative works from, transfer or sell any Information or Content
contained in the Defend My Dividend Web Site. You may not develop or derive for
commercial sale any data in machine-readable or other form that incorporates or
uses any substantial part of the Defend My Dividend Web Site. You may not
transfer to or store any data residing or exchanged using the Service in any
electronic network for use by more than one user unless you obtain prior
written permission from the Coalition. Please contact firstname.lastname@example.org
to request permission.
RESPONSIBILITIES: The Service may be used only for lawful purposes. As one of the
conditions of your use of the Service, you represent, warrant and agree that
you shall not use (or plan, encourage or help others to use) the Service for
any purpose or in any manner that is prohibited by the Terms, or by applicable
laws, regulations, rules or ordinances, including any export controls. It is
your responsibility to ensure that your use of the Service complies with the
Terms and to request prior written permission from the Coalition for any uses
not permitted or expressly specified in the Terms. Please contact email@example.com
to request permission.
The Coalition accepts
no responsibility for the opinions and information posted on the Defend My
Dividend Web Site by others. You acknowledge that the security mechanisms of
the Service have inherent limitations, and you are solely responsible for
determining if the use of the Service sufficiently meets your needs.
PROHIBITED USES: While using the Service, you shall not do any of the following:
A. Respond to any
commercial opportunity on the Service for any reason other than to utilize the
products or services offered.
B. Send unsolicited
e-mail, telephone calls, mailings or other material to any Advertisers.
C. Transmit any
Content that you do not have a right to reproduce, display or transmit under
any law, regulation, or rule, or under any contractual or fiduciary
D. Transmit any
Content that infringes any patent, copyright, service mark, trade secret,
trademark, or other proprietary rights.
E. Delete or revise
any material posted by any other person or entity in whatever form.
F. Use any device,
software, or routine to interfere with the proper operation of the Service or
any activity being conducted on the Service.
G. Attempt to
decipher, decompile, disassemble, or reverse engineer any of the software
comprising, creating, or in any way making up a part of the Service.
H. Violate any
applicable international, national, state, or local law, regulation, rule,
ordinance, or treaty.
7. LINKS TO OTHER WEB
SITES: The Defend My Dividend Web Site contains hyperlinks or other
connections to Web sites owned and/or operated by parties other than the
Coalition. You understand, acknowledge, and agree that the Coalition does not
control these Web sites and is not responsible, nor shall be liable (directly
or indirectly) for them, including, but not limited to, their availability,
their content or any viruses they may contain. The inclusion of any hyperlinks
or connections to Web sites operated by parties other than the Coalition does
not in any way directly or indirectly imply any endorsement of the material on
them or any association with their owners or operators.
8. ACCURACY OF
MATERIAL: You understand and acknowledge that material and software
published on the Defend My Dividend Web Site, including hyperlinks, may include
inaccuracies, typographical errors and/or out-of-date material. You understand,
acknowledge, and agree that the Coalition is not responsible for, nor shall it
be liable (directly or indirectly) for any inaccuracies, typographical errors
and/or out-of-date material. Further, you also understand and acknowledge that
material and software on the Defend My Dividend Web Site may be changed or
revised from time to time without notice.
9. WEB SECURITY
RULES: Users are prohibited from directly or indirectly violating or
attempting to violate the security of the Defend My Dividend Web Site
including, without limitation,
A. attempting to
probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization, or
B. attempting to
interfere with service to any user, host or network, including, without
limitation, using any means, including overloading, "flooding",
"mail bombing" or "crashing",
Violations of the
Service or network security may result in civil or criminal liability. The
Coalition will investigate occurrences that may involve violations of the use
of the Service and may contact and/or cooperate with law enforcement
authorities in prosecuting users or any other person or persons who are
involved in any violations of the use of the Service.
10. INDEMNIFICATION: You agree to
indemnify and hold the Coalition harmless from and against all claims, losses,
damages, injuries, awards, and liability - together with the costs, expenses,
and reasonable attorneys' fees in connection therewith - resulting from,
arising out of, or in any way connected to your use of the Defend My Dividend
Web Site, your violation of the Terms or your responsibilities, your breach or
misrepresentation of any of your warranties or representations, or your
violation of any rights of any person.
11. DISCLAIMER OF
WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE
COALITION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COALITION MAKES
NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE,
THE CONTENT, THE INFORMATION SPECIFICALLY AND/OR THE INTERNET GENERALLY WILL BE
UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL,OR ERROR-FREE, (c) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, REQUIREMENTS, AND/OR SPECIFICATIONS, (e) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED, AND (f) MATERIAL ACCESSIBLE FROM THE Defend My
Dividend Web Site IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS.
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COALITION OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
YOU SHALL HAVE
ABSOLUTELY NO RECOURSE AGAINST THE COALITION AS THE PROVIDER OR HOST OF, OR ANY
IN OTHER CAPACITY RELATED TO, THE SERVICE FOR ANY ALLEGED OR ACTUAL
INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THE
Defend My Dividend Web Site OR FOR ANY OTHER REASON.
YOUR SOLE REMEDY FOR
ANY OF THE FOREGOING IS TO STOP USING THE SERVICE.
12. LIMITATIONS OF
LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COALITION SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF THE COALITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE
INABILITY TO USE THE SERVICE (OR ANY HYPERLINKS), OR ANY CONTENT, INCLUDING,
BUT NOT LIMITED TO, WHETHER THE CONTENT IS ERROR-FREE, ACCURATE AND/OR CURRENT;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO
EITHER THE SERVICE SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
13. EXCLUSIONS FROM
LIABILITY LIMITATIONS: SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS OF SECTIONS 16 AND 17
MAY NOT APPLY TO YOU. FURTHER, IF ANY EXCLUSIONS OR LIMITATIONS ARE HELD
INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COALITION'S MAXIMUM
LIABILITY FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON SHALL BE LIMITED TO THE LESSER
OF YOUR COST OF THE SERVICE OR U.S. $100.00.
14. COMPLIANCE AND COOPERATION WITH LAW ENFORCEMENT: You understand and
agree that the Coalition shall comply with and/or otherwise cooperate with
international, national, state or local law enforcement officials or
authorities relating to your use of the Service.
You acknowledge and
agree that the Coalition may preserve the Content and may also disclose the
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to (a) comply with legal
process; (b) enforce the Terms; (c) respond to claims that any Content violates
the rights of third parties; or (d) protect the rights, property or personal
safety of the Coalition, its users or any person.
15. ENTIRE AGREEMENT: The Terms represent
the entire agreement between us, and our respective heirs, successors and
assigns, and supersede any and all prior understandings, statements, or
representations, whether electronic, oral or written, regarding the Service or
the Content or Information on the Defend My Dividend Web Site. A printed
version of this Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this Agreement to the extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
16. MODIFICATIONS OF
THE TERMS: The Coalition shall have the right to modify any one or more of
the Terms at any time and from time to time without prior notice. The Terms on
the Defend My Dividend Web Site are the current applicable provisions that
govern your use of the Service. By using the Service, you have agreed to and
accepted all of the Terms without modification or reservation.
17. TERMINATION: The Coalition shall have the right to terminate your
use of the Service for any reason at any time without prior notice.
18. WAIVER: A waiver of any
obligation or right under the Agreement shall not be effective unless in
writing executed by the party against whom it is being enforced, and shall not
be construed as a waiver of any other obligation or right under the Agreement.
19. ENFORCEMENT: The Terms shall be
governed by federal law and the laws of the District of Columbia. You consent
to the exclusive jurisdiction and venue for any action or dispute in the local
and federal courts located in the District of Columbia, United States of
20. EQUITABLE RELIEF: You acknowledge that
monetary damages may not be a sufficient remedy for the breach of the Agreement
and that the Coalition shall be entitled without waiving any other rights or
remedies, to such injunctive or equitable relief, as may be deemed proper by a
court of competent jurisdiction. You hereby agree that in the event of a breach
or threatened breach of the Agreement by you, it will not be necessary to prove
monetary damages and irreparable harm will be presumed.
21. PROHIBITION ON
USE: The use of the Defend My Dividend Web Site is unauthorized in any
jurisdiction that does not give effect to all of the Terms. The Coalition makes
no claims or representations that the Defend My Dividend Web Site may be
lawfully viewed or downloaded outside of the United States of America. Access
to the Information may not be legal by certain persons or in certain countries.
If you access the Defend My Dividend Web Site from outside of the United States
of America, you do so at your own risk and are responsible for compliance with
the laws, regulations, rules and any other requirements (in whatever form) of
22. SEVERABILITY: The Terms in the
Agreement are severable and shall be construed to the extent of their
enforceability in light of the parties' mutual intent if deemed at all
unenforceable by a court of competent jurisdiction.
23. SUCCESSORS AND
ASSIGNS: You agree that your heirs, successors and assigns shall be bound
by the Terms in the Agreement.
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