By using the Site, you agree to be bound by these TOU. If you do not agree to be so bound, you are not authorized to use the Site. These TOU are a legal contract between you and JVP Action and govern your access to and use of the Site together with any services offered through the Site. Your rights to use the Site are limited by applicable federal, state, and local laws and regulations.
The Site is intended for adults 18 years of age or older. By accessing the Site, you represent that you are 18 years of age or older.
The jvpaction.org Site
The purpose of the Site is to provide information about JVP Action’s work, positions, and membership, and to share educational resources.
The information contained on the Site is provided for educational and informational purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from JVP Action.
By using the Site, you may need to interact with other Site users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. JVP is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site.
JVP Action hereby grants you a revocable and nonexclusive right and license to use JVP Action’s Site (including any underlying software) in a manner that is consistent with the other terms in these TOU and the Sites intended purposes. JVP Action reserves the right to terminate this License for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in these TOU.
All Site content is provided for informational purposes only. JVP Action does not warrant or guarantee the accuracy, completeness, timeliness, merchantability or fitness for a particular purpose of the information and data contained on the Site. In no event shall JVP Action be liable to you or anyone else for any decision made or action taken by you in reliance of any information or data found on the Site.
JVP Action reserves the right to modify these TOU at any time without prior notice. You should visit the Site from time to time to review the current TOU. By using the Site subsequent to any modification of these TOU, you agree to be bound by such modification(s). JVP Action will highlight any change to these TOU for 30 days after such change(s) is/are made.
JVP Action does not represent that any of the Site content is completely accurate, and therefore any reliance on the Site is done at your own risk.
User Generated Content
The Site may allow you to upload your own user generated content (“UGC”) in certain areas.
Any UGC you upload/post to the Site is done on a non-proprietary and non-confidential basis, and you agree that JVP Action has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC for the purpose of operating and/or marketing the Site or any related services offered through the Site. This license includes any right of publicity rights that may be present in the UGC.
JVP Action is not required to treat any UGC as confidential.
You further agree that you will not upload/post to the Site any UGC that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload/post.
You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any UGC uploaded/posted by you to the Site or you have been granted the right by the JVP to upload/post the UGC; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity.
JVP Action reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. By accepting these TOU, you waive and hold harmless JVP Action from any claims resulting from any action taken by JVP Action during or as a result of JVP Action’s investigation and/or from any actions taken as a consequence of investigations by either JVP Action or law enforcement.
Please note that JVP Action does not accept unsolicited content or ideas you may attempt to transmit to JVP Action directly. As such, we take no responsibility for such transmitted content or ideas. If you do send JVP Action unsolicited content or ideas, you agree that JVP Action may use such content and ideas in any way JVP Action wishes without any compensation to you.
Intellectual and Other Property
Other than the exceptions referenced in these TOU or noted elsewhere, the major exception being UGC uploaded/posted by Site users which remains the property of the users, all other content on the Site is the property of JVP Action including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as “JVP Action Content”).
Certain elements of Site, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws and treaty provisions. Any JVP Action Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission, except that you may print out one copy of each Site page solely for non‑commercial personal or educational use. No right, title, or interest in any JVP Action Content is transferred to you as a result of you accessing, downloading, or printing such content from the Site. Any use of JVP Action Content must display the appropriate copyright, trademark, and other proprietary notices.
You acknowledge that you have no right, title, or interest in or to the Site and/or JVP Action Content.
There may be other content located on the Site not owned by JVP Action, and you should respect those property rights as well. All rights not expressly granted herein are reserved to JVP Action.
Copyright Infringement Notification
If you believe that any content on the Site infringes your copyright and you want the content removed from the Site, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to JVP Action’s designated agent for notice of claims of copyright infringement:
(i). A physical or electronic signature of a person authorized to act on behalf of the JVP Action of an exclusive right that is allegedly infringed.
(ii). Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii). 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 JVP Action to locate the material.
(iv). Information reasonably sufficient to permit JVP Action to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v). 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 JVP Action, its agent, or the law.
(vi). 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 JVP Action of an exclusive right that is allegedly infringed.
JVP Action’s Designated Agent is:
P.O. Box 589
Berkeley, CA 94701
JVP Action takes copyright and other intellectual property issues seriously, and will terminate any Site users or related accounts that are connected to valid and repeat copyright infringement complaints.
If you believe that any content on the Site violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to email@example.com detailing your allegation. JVP Action takes infringement of intellectual property rights seriously and will investigate the matter.
Links to Third Party Sites And Other Site Interaction
The Site contains links to external sites not controlled and/or affiliated with JVP Action. If you use these links, you will leave the Site. JVP Action provides these links to you only as a convenience. JVP Action is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.
JVP Action may also allow interaction between the Site and other third party sites such as Twitter and other social media sites. This may include “Like” buttons or other interactions through third party buttons or plugins on the Site that when used, may allow you to share content from the Site or other content with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them. It may be very different than how your UGC and other content is shared on the Site. JVP Action has no control over these third party sites and you use these interaction functions at your own risk. JVP Action is in no way liable for any harm to you as a result of using one these interaction functions.
Other Prohibited Conduct
In connection with your access and/or use of the Site or any Site services, you agree not to:
– Violate any federal, state, or local laws or regulations.
– Upload/post anything that imposes an unreasonable or disproportionately large strain on JVP Action’s network or computer infrastructure.
– Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site and/or JVP Action’s computers, servers or networks, and/or any computers or systems used by other users of the Site.
– Upload/post anything that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by JVP Action or other users.
– Make unauthorized attempts to modify any information stored on the Site.
– Make attempts to defeat or circumvent security features, or to utilize the Site for any other purpose other than its intended purposes.
– Discuss, incite, or promote illegal activity.
– Upload/post any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any other form of such solicitations.
– Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.
– Use the Site to send spam or unsolicited bulk email.
– Provide false or misleading information when signing up for a Site account or otherwise upload/post any false or misleading information or content through the Site.
The previous list of prohibitions is not exclusive. JVP Action reserves the right to terminate your access to the Site or any Site services for any reason. JVP Action reserves the right to refuse, delete, or edit any UGC without cause and without notice for any or no reason including, but not limited to, for any action that JVP Action determines is inappropriate or disruptive to the Site or to any other user of the Site.
JVP Action is under no duty to, and does not represent it will, monitor and/or remove any UGC.
By accepting these TOU, you waive and hold harmless JVP Action from any claims resulting from any action taken by JVP Action during or as a result of JVP Action’s investigation and/or from any actions taken as a consequence of investigations by either JVP Action or law enforcement related to your use of the Site.
You agree to indemnify, defend and hold harmless JVP Action, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) JVP Action or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site and/or any Site goods or services, your breach of these TOU, the use of the Site by any person using your password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.
Disclaimer of Warranties / Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
TO THE EXTENT ALLOWED UNDER THE LAW, JVP ACTION AND/OR ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, JVP ACTION AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT.
TO THE EXTENT ALLOWED UNDER THE LAW, THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. JVP ACTION AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE.
JVP ACTION AND/OR ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE. JVP ACTION AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SITE AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY SITE GOODS OR SERVICES. JVP ACTION AND/OR ITS AFFILIATES MAKE NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
TO THE EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL JVP OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF JVP ACTION AND/OR ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY SITE GOODS OR SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE, ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, AND/OR ANY LINKS ON THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JVP ACTION OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO JVP AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IF YOU ARE DISSATISFIED WITH ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, TO THE EXTENT ALLOWED UNDER THE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
ALL PROVISIONS IN THESE TOU ARE APPLICABLE TO THE EXTENT ALLOWED UNDER THE LAW.
U.S. Geographic Limitation
JVP Action operates the Site from its headquarters in the United States, and the Site and TOU are intended only for users within the United States. If you use the Site outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any of those local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to and stored in the United States.
You acknowledge that the opinions and recommendations contained on the Site are not necessarily those of JVP Action nor endorsed by JVP Action. Any reliance on any opinions or recommendations offered on the Site is done at your risk.
JVP Action does not guarantee or promise that any opinions and/or recommendations on the Site are accurate or will be helpful to any issue you may have.
You Agree That JVP Action Is Not Liable to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on the Site.
YOU AGREE THAT any and all disputes relating to these TOU, the Site, and/or any goods or services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO submit to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania (USA)(specifically, Common Pleas Court of Dauphin County or the U.S. District Court for the Middle District of Pennsylvania) for any litigation arising out of or relating to the use of the Site.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO waive any objection to the venue of any such litigation in the Commonwealth of Pennsylvania courts.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Commonwealth of Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.
If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect.
These TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and JVP Action, with respect to the Site.
If you violate any portion of these TOU, JVP Action reserves the right, without an obligation to do so, to deny you access to the Site and/or remove any UGC you may have posted/uploaded on the Site. If JVP Action terminates your access to the Site, JVP Action may also delete your Site membership account. JVP Action has the right to terminate any password-restricted account for any reason.
JVP Action’s failure to enforce any portion of these TOU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these TOU.
JVP Action reserves the right, without notice and reason, to take down or terminate the Site or otherwise revoke any and all access granted to you related to the Site. You agree that JVP is not liable to you or any other third party for this action.
JVP Action does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site.
You are free to text link to the Site so long as there is nothing deceptive or infringing about the link. JVP Action may revoke this linking permission at any time and for any reason.
Certain software elements of the Site and related Site services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
If you need to contact JVP Action for any reason not already specified in these TOU, please use the following contact information:
Elana Baurer c/o JVP Action
P.O. Box 589 Berkeley, CA 94701