Acceptance of Terms
Friends of Pete Wassell welcomes you to use our suite of websites
and online tools and resources, together referred to as the
"Service." Friends of Pete Wassel provides its online
Service to you subject to the following Terms of Service ("TOS"),
which may be updated from time to time without notice to you.
You can review the most current version of the TOS at any time
at petewassell.com/terms.thm . In addition, you shall be subject
to any posted guidelines or rules applicable to such Service,
which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS. By
using the Service in any way, you are agreeing to fully comply
with the TOS, and should you object to any term or condition
for the use of the Service or contained in the TOS, your only
recourse is to discontinue using the Service.
User Content
Through the Service, you may have opportunities to post your
own Content. Content includes, but is not limited to, postings,
stories, messages, emails, texts, images, photos, video, or
other material ("Content"). Friends of Pete Wassell may require
you to register to utilize some or all of Friends of Pete Wassell's Services.
You agree to provide accurate, complete and current information
about yourself in all required fields. Friends of Pete Wassell reserves
the right to terminate your registration and to refuse or remove
any of your Content, if it believes that the information provided
by you is false, inaccurate or incomplete.
Content posted by users does not represent the opinion of Friends of Pete Wassell, its principal or representatives. All Content is
the sole responsibility of the person from whom the Content
originated, and you agree that users bear all legal liability
resulting from the posting of Content. Friends of Pete Wassell makes no
representations as to the accuracy or validity of user-generated
Content and is not liable in any way for the use of or reliance
upon such Content. Whenever possible, such information is marked
with the name of the source. Friends of Pete Wassell reserves the right
to pre-screen, move, refuse, or remove any of your Content,
or to bar access to the Service, at any time for any reason
and without prior notice.
By using the service, you may be exposed to Content that you
find indecent, offensive or otherwise objectionable. You may
report such Content or other Content or conduct that violates
these TOS. However, Friends of Pete Wassell will determine, without limitation
and in its sole discretion, as what action, if any, should be
taken with respect to such activity.
You agree that Friends of Pete Wassell may establish separate Guidelines
and/or limits for the use of the Service. These may include
additional Guidelines pertaining to the etiquette of use, as
need be, as well as limits on the amount of Content and the
frequency of postings.
Proprietary Information
Friends of Pete Wassell's site may contain proprietary information
and all information contained in Friends of Pete Wassell's Service
is protected by all applicable copyright, trademark and intellectual
property laws to the maximum extent permitted. You acknowledge
that all code and specifications are subject to the respective
express or implied licenses. As a user, when you provide any
Content, you automatically grant to Friends of Pete Wassell
a worldwide, irrevocable, perpetual, non-exclusive, and fully
sublicensable license to use, copy, perform, display, and distribute
the Content that you have provided. You agree not to reproduce,
duplicate, copy, sell, exploit, or otherwise use any Content,
in full or part, or any use or access to the Service, without
the express written consent of Friends of Pete Wassell.
Friends of Pete Wassell reserves the right to use your Content in promotional,
advertising, fundraising or other material that furthers Friends of Pete Wassell's purpose, without compensation. Friends of Pete Wassell has
also implemented a privacy policy, which you may refer to, in
order to learn how Friends of Pete Wassell uses information that you provide.
User Conduct
You agree that all postings and communications you make through
the Service are your sole responsibility. This means that you,
and not Friends of Pete Wassell, are entirely responsible for all Content
you post. You agree to not use the Service (and you agree not
to allow others to use the Service) to:
Upload, post, email, transmit or otherwise make available any
Content or otherwise use the Service in a manner that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, pornographic, obscene, or libelous;
upload, post, email, transmit or otherwise make available any
Content or otherwise use the Service in a manner that is hateful
or discriminatory against any individual or group on the basis
of race, religion, gender, age, sexual orientation, ethnicity,
or disability, or promotes physical harm or injury against any
individual or group;
upload, post, email, transmit or otherwise make available any
Content or otherwise use the Service in a manner that is harmful
to minors in any way;
impersonate any person or entity, or falsely states or otherwise
misrepresents your identity or affiliation with another person
or entity;
stalk or harass another person or entity;
employ misleading email addresses, forged headers, or other
manipulated identifiers;
upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships
upload, post, email, transmit or otherwise make available any
Content or otherwise use the Service in a manner that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
upload, post, email, transmit or otherwise make available any
Content or otherwise use the Service in a manner that is invasive
to another's privacy or includes personal or identifying information
about another person, without that person's explicit consent;
upload, post, email, transmit or otherwise make available any
Content or otherwise use the Service in a manner that violates,
intentionally or unintentionally, the rules of the Federal Election
Commission or any other applicable federal, state, or local
laws, or to promote or provide instructional materials about
illegal activities;
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of commercial
solicitation;
upload, post, email, transmit or otherwise make available any
Content that contains software viruses or any other computer
codes, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment;
upload, post, email, transmit or otherwise make available any
Content or use the Service to interfere with or disrupt the
Service, or servers or networks connected to the Service;
upload, post, email, transmit or otherwise make available any
Content or use the Service to collect or store personal data
about other users for commercial purposes or engage in commercial
activities, without Friends of Pete Wassell's prior approval.
Any use of the Service that is in violation of the above will
be subject to immediate removal and user/account suspension
or termination, at the sole discretion of Friends of Pete Wassell.
Modifications to Service
Friends of Pete Wassell reserves the right at any time and from time
to time to modify, limit or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You
agree that Friends of Pete Wassell shall not be liable to you or to any
third party for any modification, suspension or discontinuance
of the Service.
Linking
Friends of Pete Wassell may, from time-to-time, link to other websites
which are operated independently from Friends of Pete Wassell, including
websites of other campaigns, political parties, political organizations,
allied organization, government agencies, vendors, and news
media. You agree that your linking to any such website is at
your own risk, and Friends of Pete Wassell bears no responsibility for
your linking or for the content or information contained in
any such website, including the accuracy thereof.
Disclaimer of Warranties
YOU AGREE AND ACKNOWLEDGE THAT FRIENDS OF PETE WASSELL 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 AND NON-INFRINGEMENT. FRIENDS OF PETE WASSELL
MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE AND ACKNOWLEDGE
THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. YOU AGREE AND ACKNOWLEDGE THAT DOWNLOADING OR OTHERWISE
OBTAINING MATERIAL THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK. FRIENDS OF PETE WASSELL IS IN NO WAY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU
AGREE AND ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM FRIENDS OF PETE WASSELL OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT FRIENDS OF PETE WASSELL SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES EVEN IF FRIENDS OF PETE WASSELL HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, RESULTING FROM: THE USE OR THE INABILITY TO
USE THE SERVICE; THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE
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; UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER
RELATING TO THE SERVICE.
Indemnification
You agree to indemnify and hold Friends of Pete Wassell, its principals,
officers, directors, employees, agents, successors, and assigns
harmless from any claim or demand, including reasonable attorney
fees and court costs, made by any third party due to or arising
out of Content that you submit, post or make available through
Friends of Pete Wassell's Service, of your use of Friends of Pete Wassell's Service,
your violation of the TOS, your breach of any of the representations
and warranties herein, or your violation of the rights of another.
Governing Law
You agree and acknowledge that the laws of the District of
Columbia shall govern the Terms and the relationship between
you and Friends of Pete Wassell without regard to its conflict
of law provisions. You agree and acknowledge to submit to the
personal and exclusive jurisdiction of the courts located within
the State of New York. You agree and acknowledge that regardless
of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the
Terms must be filed within one (1) year after such claim or
cause of action arose or forever be barred.
Miscellaneous
The Terms constitutes the entire agreement between you and
Friends of Pete Wassell and governs your use of the Service, superseding
any prior agreements between you and Friends of Pete Wassell. Friends of Pete Wassell's
failure of to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the
Terms remain in full force and effect.
Reporting of Violations
Please report any violations of these TOS to:
Friends of Pete Wassell
P.O. Box 600
Dover Plains, NY 12522