Terms of Use

Last Updated: May 5, 2017

1. Introduction

Thank you for using the America First Policies Website (the “Website”), owned by America First Policies (hereinafter “America First,” “we,” “us” or “our”). These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to use of the Website: www.americafirstpolicies.org. By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms of Use. You further acknowledge and agree that America First may make this and future agreements with you by electronic means and that such agreements have the same legal effect as agreements entered into on paper and are authentic and valid. 

If you do not agree to abide by these Terms of Use, please do not use or otherwise discontinue use of the Website.

2. Modification of the Terms of Use

We reserve the right, in our sole discretion, to amend these Terms of Use, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms of Use from time to time when you use our Website to determine if any changes have been made. You can determine when the Terms of Use were last revised by referring to the “Last Updated” notation above. If you use the Website after the amended Terms of Use have been posted, you will be deemed to have agreed to the amended Terms of Use. If any of the provisions of these Terms of Use are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.

3. Privacy Statement

We have established a Privacy Statement to explain how we collect, use, retain and share information about you. Please carefully review our Privacy Statement, which can be found here. By accessing or using the Website, you also are signifying your acknowledgement of our Privacy Statement. 

4. Intended Users

This Website is intended for users who are at least 18 years old. If you are using the Website for the benefit of a child age 13 or older, please do not provide information relating to such child unless you have obtained the consent of the child’s parent or legal custodian or guardian, including their consent to our Privacy Statement. We do not allow the Website to be used by or for the benefit of anyone under the age of 13.

5. User Responsibilities

As a condition of your use of the Website, you agree not to engage in the following actions:

  • use the Website for any purpose that is in violation of any applicable local state, federal law or regulation, or prohibited by this Terms of Use;
  • take any action, or use the Website in any manner, which could damage, disable, overburden, or impair the use of the Website, or interfere with any other party’s use and enjoyment of the Website;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures on the Website;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;
  • copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to America First or third-party content (“Content”) from the Website. Search result pages may be printed for individual use;
  • resell Content from the Website for any purpose, or provide it to third parties by gift, copying on a charge basis, copying on a no charge or “cost recovery” basis, loan, rental, service bureau, external time sharing or similar arrangement;
  • upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents; and
  • encourage or enable any other individual to do any of the foregoing.

6. License and Use

The Website and all of its features and functionalities (including but not limited to all information, text, displays, images, video and audio, and the design selection and arrangement therefore) and all of the Content are owned by America First, its licensors, and other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.  All rights related to the same are reserved. 

Subject to your compliance with these Terms of Use, we grant you a personal, limited, revocable, nonexclusive and nontransferable license to view, access and use the Website and its Content, solely for your personal and non-commercial use. No other right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, rent, sell or participate in any sale of or exploit in any way, in whole or in part, except:

  • As expressly authorized by America First in writing;
  • To temporarily store files that are automatically cached by your Web browser for display enhancement purposes;
  • To print or download one copy of a reasonable number of pages of the Website for your personal, non-commercial use and not for further reproduction, publication or distribution;
  • To share the Website or updates of the Website, or to link to a reasonable number of pages of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.  We reserve the right to withdraw linking permission in our sole discretion and without notice.

The aforementioned permissions are granted on the condition that:

  • You do not remove or modify any copyright, trademark or other proprietary rights notices or disclaimers from Content or copies of materials from the Website;
  • You add a permission notice (e.g., “Used with permission”) to such Content;
  • Your use of the Content does not imply that America First endorses, sponsors or is affiliated with any product, service, person, or entity;
  • You do not modify, decompile or reverse engineer any Content;
  • You do not use any illustrations, photographs, video or audio sequences or any graphics without permission from America First; or
  • The use of such Content is in compliance with these Terms of Use.

7. America First Trademarks

You acknowledge that the Website and its Content may be protected by copyright, trademarks, trade secrets, or other proprietary rights owned by, controlled or licensed by or to us, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Website is and shall remain our property.

No portion of the Website may be reproduced in any form, electronic or otherwise, for any purpose other than personal use, without our prior written permission. Any trademarks, logos, service marks, and product marks displayed on the Website are our registered and unregistered marks unless otherwise indicated, and are protected by U.S. and international trademark laws. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the Contents herein may be a violation of applicable trademark and/or copyright laws and could subject the copier to legal action. 

You agree to comply with all intellectual property rights laws and you shall not encumber any interest in, or assert any rights to, any Content from the Website. You shall not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part, of the Website.

8. Advertisements and Promotions

America First may run advertisements and promotions from third parties on its Website. Your correspondence with, or participation in promotions of third-party advertisers found on or through the Website, including any payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. America First is not responsible or liable for any damages of any sort arising from or relating to any such dealings or as the result of the presence of such non-America First advertisements or promotions on the Website. Please note that advertisers on the Website may collect information from you while you are using our Website in accordance with the terms of our Privacy Statement. However, advertisements may link to third party websites, over which American First has no control or responsibility.

9. Links to Third Party Hyperlinks and Websites

The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

10. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. AMERICA FIRST AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE CONTENT, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMERICA FIRST OR THE RELATED PERSONS WILL NOT BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OF THE WEBSITE, OR ANY CONTENT THEREIN. THIS IS TRUE EVEN IF AMERICA FIRST OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN ADDITION, AMERICA FIRST IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE. FURTHERMORE, AMERICA FIRST DOES NOT GUARANTEE THAT THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND AMERICA FIRST DISCLAIMS ANY LIABILITY RELATING THERETO.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, AMERICA FIRST IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF, ACCESS TO OR INABILITY TO USE THE WEBSITE OR ANY CONTENT PROVIDED BY US OR ANY THIRD PARTY, OUR LIABILITY SHALL IN NO EVENT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold America First and Related Persons harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to, (i) any breach by you of these Terms of Use, (ii) your use of material or features available on the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

13. Copyright Complaints

We respect the intellectual property rights of others and we ask that users of the Website do the same. If you believe that anything on this Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:

Brian Walsh
2205 Main Line Blvd
Alexandria, VA 22301​​​​​​​

As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.​​​​​​​

14. Suspension and Termination Rights

The Terms of Use will remain in full force and effect as long as you continue to access or use the Website. You may terminate the Terms of Use at any time by unsubscribing to our newsletter and updates, and by destroying all materials obtained through the Website, all related documentation and all copies and installations therefore, whether made under these Terms of Use or otherwise. Your permission to use the Website automatically terminates if you violate these Terms of Use.

We may terminate or suspend any of the rights granted by these Terms of Use and your access to the Website with or without prior notice, at any time and for any reason. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law; and Miscellaneous.

15. ​​​​​​​Governing Law; Disputes

America First is the owner of the Website and is based in the Commonwealth of Virginia in the United States. You expressly agree that the Terms of Use, and any dispute, claim, action, cause of action, issue, or request for relief between you and America First arising out of or relating to America First, and these Terms of Use (“Dispute”) shall be governed in all respects under the laws of the United States and Virginia exclusive of its choice of law or conflict of law provisions. Subject to Section 16 below, you and America First irrevocably agree to submit to the exclusive jurisdiction and venue of the courts located in Virginia for all Disputes that are heard in court. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.

Our priority is to learn about and address any of your concerns related to the Website. You agree that you will first notify America First about any Dispute you have with America First regarding these Terms of Use or America First’s Services by contacting America First at privacy@americafirstpolicies.org. Once America First receives your notice, America First will try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 days after your submission, you or America First may bring a formal proceeding as provided in Section 16 below.

16. ​​​​​​​Arbitration; Class Action Waiver

a. Arbitration

You and America First agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Except for the remedies listed in Section 16(b) below, arbitration on an individual basis is the exclusive remedy for any Disputes which might otherwise be brought on a class, collective or representative basis between you and America First. This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. 

The arbitration shall take place in Virginia. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You and America First shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and America First shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, in the event the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void.

b. Remedies

Notwithstanding the above, without limiting any other remedies that may be available to America First, if a Dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, America First may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the Commonwealth of Virginia.   ​​​​​​​

17. Limitation on Disputes

You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.​​​​​​​

18. Miscellaneous

The Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms of Use 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 of Use shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms of Use.​​​​​​​

19. Contact Information

If you have any questions or concerns, please email us at privacy@americafirstpolicies.org​​​​​​​

See also: Privacy Statement

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