Iowa Presidential Watch

Member Agreement

PLEASE READ THIS IOWA PRESIDENTIAL WATCH SUBSCRIBER AND MEMBER AGREEMENT CAREFULLY. YOUR USE OF THE IOWA PRESIDENTIAL WATCH SITES (AS DEFINED BELOW) IS CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE IOWA PRESIDENTIAL WATCH SITES. The right to use any product or service offered by Iowa Presidential Watch is personal to you and is not transferable to any other person or entity. Iowa Presidential Watch reserves the right to make changes to the Iowa Presidential Watch Sites and this Agreement at any time without prior notice. This Agreement may not otherwise be amended except in a writing signed by Iowa Presidential Watch. The Iowa Presidential Watch Privacy Notice in its entirety, is incorporated into this Agreement by reference.

1. Definitions.

The "Iowa Presidential Watch Sites" shall mean all areas and any subscription or other products and services offered or available on the online service operated by Iowa Presidential Watch on the World Wide Web, and expressly includes the e-mail service. The Iowa Presidential Watch Sites consist of information services and content provided by IowaPresidentialWatch.com. ("Iowa Presidential Watch"), affiliates of Iowa Presidential Watch, and third parties. 

2. General.

Iowa Presidential Watch shall have the right at any time to change or discontinue any aspect or feature of the Iowa Presidential Watch Sites including, but not limited to content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting a revised version of this Agreement or notification by electronic mail. Any use by you after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.

3. Use of the Iowa Presidential Watch Sites.

The Iowa Presidential Watch shall be used for lawful purposes only. No material shall be posted on or transmitted through the Iowa Presidential Watch which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. No conduct shall be undertaken that, in Iowa Presidential Watch's judgment, restricts or inhibits any other user from using or enjoying the Iowa Presidential Watch. Advertising or commercial solicitation may be posted on or transmitted through the Iowa Presidential Watch, but only with Iowa Presidential Watch's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by Iowa Presidential Watch.

The Iowa Presidential Watch Sites contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Iowa Presidential Watch Sites are copyrighted as a collective work under the United States copyright laws. Iowa Presidential Watch is the owner of the copyright in the entire Iowa Presidential Watch Sites. Iowa Presidential Watch owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Iowa Presidential Watch Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Iowa Presidential Watch Sites without the express permission of Iowa Presidential Watch and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Iowa Presidential Watch Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Iowa Presidential Watch will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

You shall not upload, post or otherwise make available any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.

You hereby grant to Iowa Presidential Watch and its affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted on the Iowa Presidential Watch Sites and/or any e-mail sent by you to Iowa Presidential Watch (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.

You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Iowa Presidential Watch considers to be offensive.

You shall provide Iowa Presidential Watch with accurate, complete and updated information provided by you at the time of registration and supplement such information upon any change.

The Iowa Presidential Watch Sites contain links to other web sites, resources and advertisers. Iowa Presidential Watch is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Iowa Presidential Watch be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Iowa Presidential Watch Sites and all charges related thereto.

The foregoing provisions of this Section 3 are for the benefit of Iowa Presidential Watch, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

Iowa Presidential Watch has carefully designed the Iowa Presidential Watch Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Iowa Presidential Watch Sites in any way that interferes with that purpose. In particular, Iowa Presidential Watch prohibits any party from displaying the content on the Iowa Presidential Watch Sites in any format where third party advertising or other materials that Iowa Presidential Watch did not authorize is viewed or viewable together with Iowa Presidential Watch's proprietary content.

4. Monitoring.

Iowa Presidential Watch shall have the right, but not the obligation, to monitor the content of the Iowa Presidential Watch Sites to determine compliance with this Agreement and any other operating rules that may be established by Iowa Presidential Watch from time to time. Iowa Presidential Watch shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Iowa Presidential Watch Sites. Without limiting the foregoing, Iowa Presidential Watch shall have the right, but not the obligation, to remove any material that Iowa Presidential Watch, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Iowa Presidential Watch, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither Iowa Presidential Watch nor any of its affiliates shall assume or have any liability for any action or inaction by Iowa Presidential Watch with respect to any conduct within the Iowa Presidential Watch Sites or any communication or posting on the Iowa Presidential Watch Sites.

5. Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE IOWA PRESIDENTIAL WATCH SITES IS AT YOUR SOLE RISK. NEITHER IOWA PRESIDENTIAL WATCH, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE IOWA PRESIDENTIAL WATCH SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE IOWA PRESIDENTIAL WATCH SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES.

THE IOWA PRESIDENTIAL WATCH SITES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IOWA PRESIDENTIAL WATCH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL IOWA PRESIDENTIAL WATCH OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE IOWA PRESIDENTIAL WATCH SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE ACCESS TO, USE OF, OR INABILITY TO USE THE IOWA PRESIDENTIAL WATCH SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE IOWA PRESIDENTIAL WATCH SITES. IOWA PRESIDENTIAL WATCH'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY USER TO IOWA PRESIDENTIAL WATCH. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.

IOWA PRESIDENTIAL WATCH NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE IOWA PRESIDENTIAL WATCH SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE IOWA PRESIDENTIAL WATCH SITES BY ANYONE OTHER THAN AUTHORIZED IOWA PRESIDENTIAL WATCH EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITY. UNDER NO CIRCUMSTANCES WILL IOWA PRESIDENTIAL WATCH BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE IOWA PRESIDENTIAL WATCH SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE IOWA PRESIDENTIAL WATCH SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

IOWA PRESIDENTIAL WATCH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE IOWA PRESIDENTIAL WATCH SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IOWA PRESIDENTIAL WATCH MAKES PRODUCTS OR SERVICES AVAILABLE ON THE IOWA PRESIDENTIAL WATCH SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER IOWA PRESIDENTIAL WATCH NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER IOWA PRESIDENTIAL WATCH NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE IOWA PRESIDENTIAL WATCH SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. IOWA PRESIDENTIAL WATCH IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.

6. Indemnification.

You agree to defend, indemnify and hold harmless Iowa Presidential Watch, its affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of (i) the use by you of the Iowa Presidential Watch Sites; and/or (ii) for infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.

7. Termination.

Iowa Presidential Watch shall have the right to terminate this Agreement and/or cease operations at any time. In addition Iowa Presidential Watch shall have the right to immediately terminate this Agreement with respect to any user which Iowa Presidential Watch, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8, 9, 10, and 11 shall survive termination of this Agreement.

8. Trademarks.

All trademarks appearing on the Iowa Presidential Watch Sites are the property of their respective owners, including, in some instances, Iowa Presidential Watch.

9. Products.

With respect to products and services offered for sale by Iowa Presidential Watch and third parties or through the Iowa Presidential Watch Sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.

10. Choice of Law and Jurisdiction.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAW OF THE STATE OF IOWA, WITHOUT REGARD ITS CONFLICTS OF LAW PROVISIONS, AND WITHOUT REGARD TO THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.

YOU AGREE TO FILE AND PROSECUTE ANY CAUSE OF ACTION PERTAINING TO OR ARISING FROM THIS AGREEMENT IN ANY COURT OF COMPETENT JURISDICTION IN HAMILTON COUNTY, IOWA, OR THE UNITED STATES DISTRICT COURT FOR THE HAMILTON COUNTY DISTRICT OF IOWA AND CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF AND VENUE IN SUCH COURT.

11. Miscellaneous.

This Agreement and any operating rules for the Iowa Presidential Watch Sites constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

No failure or delay by Iowa Presidential Watch in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.

You may not assign your rights or obligations under this Agreement without obtaining the prior written consent of Iowa Presidential Watch .

Provisions of this Agreement which by their terms or by implication are intended to remain in effect following termination of this Agreement shall be deemed to survive any such termination.

The section headings used herein are for convenience only and shall not be given any legal import.

If any of the terms and conditions of this Agreement are held by any court of competent jurisdiction to contravene, or to be invalid under, the laws of any political body having jurisdiction over this subject matter, that contravention or invalidity shall not invalidate the entire Agreement. Instead, this Agreement shall be construed as if it did not contain the particular provision or provisions held to be invalid, the rights and obligations of the parties shall be construed and enforced accordingly, and this Agreement shall remain in full force and effect.

If legal proceedings are instituted by either Party to enforce any provision of this Agreement, the prevailing Party will be entitled to recover reasonable attorneys' fees, court costs and ancillary expenses.

Either Party shall be excused from delay in performance or from its failure to perform hereunder to the extent that such delays or failures result from causes beyond the reasonable control of such party, provided that, in order to be excused from delay or failure to perform, such party must act diligently to remedy the cause of such delay or failure. Inability or failure to pay will not be considered an event of force majeure.

 

Paid for by the Iowa Presidential Watch PAC

P.O. Box 171, Webster City, IA 50595

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