The following terms and conditions ("Terms") govern your use of the Site. The Site must not be used by children under 13 years of age. If you do not agree to these Terms, or you are under the age of 13, you are not granted permission to use this Site and must exit immediately. If you are under 18 years of age, you and your parent or legal guardian must review these Terms, as well as the Site's Privacy Statement, together to make sure that each understands and agrees to them.
1. Registration. In order to access certain content, software, services, products or benefits on the Site, including to access the publications and to register for events, you may be asked to register and create an account. As part of the registration process, you must click to agree to these Terms, and will then be asked to select a user name and password. You may be required to provide Claremont Institute with certain information about yourself including some types of personally identifying information such as your email and your location. You are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us at info@claremont.org.
2. Proprietary RightsAs between any user and Claremont Institute, Claremont Institute owns or licenses all data, articles, publications, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, and documentation and other material on, in or made available through the Site ("Site Material"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Any and all copyrighted content and Site Material has been licensed for private use only and not for public exhibition. Unauthorized copying, editing, exhibition, broadcast or distribution of copyrighted content or Site Material can result in severe criminal and civil penalties under U.S. laws. In particular, criminal copyright infringement, including without monetary gain, is investigated by the Federal Bureau of Investigation and is punishable by up to five years in prison and a fine of $250,000. As between any user and Claremont Institute, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to Claremont Institute or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms.
3. Payment. Some services or products on the Site may be available for purchase, including annual subscriptions and making a donation. Prices may vary. By registering for such services from Claremont Institute or purchasing products on the Site, you represent that you are: (i) eighteen (18) years of age or older; (ii) acting with permission from your parent or guardian; or (iii) having your parent or guardian make the purchase and/or donation for you. You are responsible for all charges incurred under your account, for your subscription and/or donation, whether made by you or another person using your account, including sales, use or excise taxes (excluding any taxes on Claremont Institute's net income). If for any reason Claremont Institute does not receive payment for a purchase, Claremont Institute may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. In order to make a purchase or a donation, Claremont Institute may use the services of third parties, including but not limited to PayPal. Claremont Institute expressly disclaims any responsibility for or related to the services provided by any such third party or the transactions you conduct or enter into with any such third party.
4. Unauthorized Activities. Claremont Institute respects the intellectual property rights of others and asks users of the Services to do the same. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site, or for modifying another website so as to falsely imply that it is associated with Claremont Institute; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, "spam" messages, worms or viruses or any code of a destructive nature; (d) contacting any other user of the Site who has requested not to be contacted; (e) stalking or harassing anyone; (f) attempting to gain unauthorized access to Claremont Institute's computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any purpose without prior written approval from Claremont Institute. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm toClaremont Institute and that in the event of such unauthorized use, Claremont Institute shall be entitled to an injunction in addition to any other remedies available at law or in equity. Claremont Institute, its licensors, and other content providers reserve the right, at any time, to prosecute any violation of copyright or other intellectual property laws to the fullest extent of the law, including both civil and criminal penalties.
5. Materials Submitted to the Site. We welcome comments about our Site, and the Site may, from time to time, allow you to contribute content, files, graphics, messages, and other materials and information for access, use, and commentary by Claremont Institute and/or other users to the Site ("User Content"). Upon your submission of User Content or other material or information to Claremont Institute, you grant Claremont Institute a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Compliant Procedure in Section 12 of these Terms.
6. Third Party Websites and Content. The Site is available for informational purposes only. Parties other than Claremont Institute, including Authors, provide products, services, data or content on the Site. Additionally, the Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. Claremont Institute does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party's website is at your own risk, and subject to the terms and conditions of such other websites. Claremont Institute does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
7. Privacy Statement. Any personal information that you provide to Claremont Institute on the Site is subject to our Privacy Statement. For more information, click here to view the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to Claremont Institute via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact Claremont Institute by regular mail at 937 West Foothill Boulevard, Suite E, Claremont, California 91711 or by phone at (909) 621-6825.
8. Disclaimer. Claremont Institute, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Material, products, software, services, links, advertisements or other items contained within the Site. Claremont Institute reserves the right to immediately remove any Site Material for any reason or for no reason. Claremont Institute may review, verify, make changes to or remove any Site Material. You agree that you must evaluate and bear all risks associated with the use of Site Material and that you may not rely on such Site Material.
THE SITE, THE SITE MATERIALS, USER CONTENT, SOFTWARE, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
CLAREMONT INSTITUTE AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE MATERIALS, THE CONTENT, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
9. LIABILITY. CLAREMONT INSTITUTE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SOFTWARE, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR CLAREMONT INSTITUTE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CLAREMONT INSTITUTE AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SOFTWARE, SERVICES, PRODUCTS,DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CLAREMONT INSTITUTE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10)
If you are dissatisfied with the Site, or with any of these Terms, or feel Claremont Institute has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
10. Indemnification. You shall indemnify Claremont Institute and its directors, officers, employees, agents, contractors and licensors ("Claremont Institute Indemnitees") against all claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to Claremont Institute), or any breach by you of these Terms and shall indemnify and hold Claremont Institute Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Claremont Institute. Claremont Institute or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Claremont Institute or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Claremont Institute, subject to the right of Claremont Institute to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
11. Internet Security. Claremont Institute uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Claremont Institute will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Claremont Institute via the Site or the Internet, including, for example, personal information such as your name or address.
12. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to Claremont Institute at info@claremont.org a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
13. Changes to these Terms; Termination.Claremont Institute reserves the right at any time to modify, alter or update these Terms. We will notify you on the homepage of the Site of any new or revised Terms, including information regarding the location of the new or revised terms and conditions. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. Claremont Institute may suspend or terminate your account and/or your ability to use the Site, or any services on the Site for failure to comply with these Terms, for providing Claremont Institute with untrue or inaccurate information about yourself, for infringement upon Claremont Institute proprietary rights, or for any other reason whatsoever or for no reason.
14. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Claremont Institute with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in Los Angeles county, California; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
15. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, Claremont Institute makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Claremont Institute to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words "includes" and "including" and their syntactical variations shall be deemed followed by the words "without limitation."
Updated: September 14, 2014
