Effective as of: May 11, 2017
The American Civil Liberties Union of Northern California and the American Civil Liberties Foundation of Northern California are separate organizations that are each engaged in the same mission of defending the rights guaranteed under the U.S. Constitution, including First Amendment freedoms, equality, privacy rights and fundamental fairness. To learn more about the American Civil Liberties Union of Northern California and the American Civil Liberties Foundation of Northern California and the different activities carried on by each organization, read more here.
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B. Access to the Site
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C. Site Rules
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2. Our Proprietary Rights
The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content belonging to other Users (the “ACLU-NC Content”), and all Intellectual Property Rights related thereto, are the exclusive property of ACLU-NC and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any ACLU-NC Content. Use of the ACLU-NC Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
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3. No Professional Advice
We may make available to you from time to time through our websites, social media accounts, and other venues general legal information, such as our “Know Your Rights” series of articles and other similar content. While this content concerns legal issues, because such content is general in nature, it is not intended to, and does not constitute, legal advice, recommendations, mediation or counseling, and you should not act or rely on any such content without seeking the advice of a competent attorney licensed to practice in your jurisdiction. We do not warrant or guarantee the accurateness, completeness, adequacy, or currency of the information contained in or linked to in any content we provide. Changes in law or circumstances may occur after the date of publication, which may render information displayed inaccurate. Further, such content may contain descriptions of matters in which we successfully represented our clients. Such content is not intended to be predictive of future results, even in similar circumstances, or offer any guarantee or assurance of outcome. The information provided in such content does not necessarily reflect the opinions of our clients or partners.
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ACLU-NC does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or site.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall ACLU-NC, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Site. Under no circumstances will ACLU-NC be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or your account or the information contained therein.
To the maximum extent permitted by applicable law, ACLU-NC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vii) User content or the defamatory, offensive, or illegal conduct of any third party. In no event shall ACLU-NC, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to ACLU-NC hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ACLU-NC has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Site is controlled and operated from facilities in the United States. ACLU-NC makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.
10. Governing Law
You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights including any provisional relief required to prevent irreparable harm.
A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ACLU-NC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
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D. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ACLU-NC’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. California Residents. American Civil Liberties Union of Northern California, 39 Drumm Street, San Francisco, CA 94111, (415) 621-2493, firstname.lastname@example.org. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.