Effective as of March 5th, 2014
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "You", or "User" or with “your”) AND THE MAYORS AGAINST ILLEGAL GUNS ACTION FUND (referenced herein as "EGSAF") THAT APPLIES EACH TIME YOU USE OR ACCESS THE BackgroundCheckStates.org WEBSITE PROVIDED BY EGSAF. YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this “TOU”) AS THEY GOVERN YOUR ACCESS AND USE OF THE AVAILABLE INFORMATION, SOFTWARE FUNCTIONALITY, OR MATERIALS PROVIDED THROUGH THE BackgroundCheckStates.org WEBSITE (collectively, as referenced herein, the “SITE”). EGSAF IS WILLING TO ALLOW THE USE OF THIS SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
TERMS AND CONDITIONS
- LICENSE GRANT. This TOU provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
- RESTRICTIONS. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
- USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view any information and materials, register or enter into a transaction with or through EGSAF for any reason, or submit information of any kind, You represent that You are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when You provide information via a Site registration or submission form. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. While EGSAF has endeavored to create a secure and reliable Site, You should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, EGSAF is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to such issues.
- OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the donation of funds or payment for or participation in a program or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Site, EGSAF shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to such donation, payment, or participation.
- PRIVACY POLICY. Your use of the Site will constitute acceptance of EGSAF's personal identifying information collection and use practices.
- PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site. Accordingly, You expressly acknowledge and agree that EGSAF transfers no ownership or intellectual property interest or title in and to the Site to You or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by EGSAF and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, EGSAF does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Site is Copyright © 2014 The Everytown for Gun Safety Action Fund (referenced herein as "EGSAF") and/or its licensors. All rights reserved. EGSAF also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. MAYORS AGAINST ILLEGAL GUNS ACTION FUND and EGSAF and all other names, designs, logos, and icons identifying EGSAF and its programs, events, solutions, and services are proprietary trademarks of EGSAF, and any use of such marks, including, without limitation, as domain names, without the express written permission of EGSAF is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- LINKS TO OTHER SITES. EGSAF may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by EGSAF and are maintained by third parties over which EGSAF exercises no control. Accordingly, EGSAF expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
- DISCLAIMER. The Site is intended to provide You with general information, and the Site is not intended to provide, and should not be relied upon for, legal advice. If You require legal advice, or information regarding specific federal and state laws, please consult with an attorney. THE SITE IS MADE ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. EGSAF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. EGSAF ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EGSAF BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF EGSAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF EGSAF FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EGSAF IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.
- GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York.
- INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of EGSAF proprietary assets, will cause irreparable injury to EGSAF, such injury would not be quantifiable in monetary damages, and EGSAF would not have an adequate remedy at law. You therefore agree that EGSAF shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that EGSAF post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to EGSAF to enforce any provision of this TOU.
- TERM AND TERMINATION. This TOU will take effect the moment You click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. EGSAF reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny You access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Site in your possession. The provisions concerning EGSAF's proprietary rights, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.
- WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by EGSAF of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
- ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and EGSAF as result of this TOU or your utilization of the Site. This TOU represents the entire agreement between You and EGSAF with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and EGSAF with respect to the Site. You may not assign or transfer any rights under this Agreement without the prior written consent of EGSAF. Please note that EGSAF reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to You. In addition, EGSAF may add, modify, or delete any aspect, program, or feature of the Site, but EGSAF is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.
