TakeCommand Terms of Use
IMPORTANT!
PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY BEFORE USING WWW.TAKECOMMAND.ORG (THE "WEB SITE") OR JOINING TAKECOMMAND.OR AS A MEMBER, AS IT AFFECTS AND GOVERNS YOUR USE OF THIS WEB SITE AND YOUR LEGAL RIGHTS AND OBLIGATIONS.
You agree to these Terms by accessing or using this Web Site, registering for services offered on the Web Site, or by accepting, uploading, submitting or downloading any information or content from or to the Web Site.
In some instances, both these Terms, separate instructions or end user license agreement setting forth additional conditions may apply to a service or feature offered through this Web Site ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Unless explicitly stated otherwise, any new features that augments or enhances the Web Site, including the release of new or specialized web-based services, are subject to these Terms. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR JOIN TAKECOMMAND.ORG AS A MEMBER. You agree to comply with all rules, laws and regulations that are applicable to your use of the Web Site, including, without limitation, those governing your transmission or use of any software or data. By using this Web Site in any way, you are agreeing to comply with these terms. In addition, if you choose to join TakeCommand.org as a member you agree to abide by any applicable guidelines which may change from time to time.
OWNERSHIP OF CONTENTS/LICENSE
The Web Site is owned and operated by TakeCommand Information Media, Inc. ("Company," "us" or "we"). This Web Site and all of its past, current and future content, such as articles, opinions, other text, directories, databases (including but not limited to content included in the "Great Funding Database"), guides, photographs, illustrations, designs, compilations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyrightable material (including source and object code), and all other materials related to the "look and feel" of the Web Site, and any other form of intellectual property (collectively, the "Content") is owned by or licensed to Company or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms or expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. FURTHER, YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE OR CONTENT, IN WHOLE OR IN PART, CONTAINED IN THE WEB SITE OR ITS SERVICES.
Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access, download, view, use and/or play a single copy of the Content (excluding object and source code). You must retain all copyright, trademark and other proprietary notices contained in the original Content or any copy you may make of the Content. You may not, nor may you allow or aid or abet any third party (whether or not for your benefit) to copy or adapt any code that comprises the Web Site's software, HTML, JavaScript or other script, or otherwise reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code used to generate the Web Site or any software or other products or processes accessible through the Web site, nor insert any code or product to manipulate the Content in any way that affects any user's experience. Unless otherwise expressly authorized in these Terms, the Additional Terms or on the Web Site, you further agree that you will not, in whole or in part, modify, reproduce, archive, transfer by any means, create derivative works from, publish in any form, online or offline, disseminate, or circulate to any third-party, or otherwise use the Content in any way for any public or commercial purpose.
COPYRIGHTS AND COPYRIGHT AGENT
If you believe that your work has b/een copied on the Web Site in a way that constitutes copyright infringement, please promptly provide Company's Copyright Agent by submitting the information required below to the following postal address: P.O. Box 1446, Issaquah, WA 98027:
1. your name address, telephone number and email address;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Web Site;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf; and
6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
CHANGES TO SITE/TERMS
Company may add, change, discontinue, remove or suspend any portion of the Web Site, including but not limited to the Great Funding Database or member search reports generated from Content from the Great Funding Database at any time, without notice. We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms and will post any new or revised terms on the Web Site.
USER ACCOUNTS AND MEMBERSHIPS
Certain areas of the Web Site may ask you to create an account or may otherwise ask you to provide information to participate in certain features or to access certain content (e.g., e-mail, newsletters, sweepstakes, etc.). The Web Site's practices governing your personal information are disclosed in its Privacy Policy. If you choose to provide information to the Web Site and/or join TakeCommand as a member, you agree to provide only true, accurate, current and complete information. If you create an account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, duplicate, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password protected portion of the Web Site using your name, user name or password in whole or in part. If you join TakeCommand as a member, you expressly agree not to alter your contact or address information for the purpose of obtaining different information within the Great Funding Database or other content that may not be generally available to all members who reside in different cities, counties, states, provinces or countries. TakeCommand may, at its sole discretion, enforce limitations to its member's ability to change contact or address information or search for information that in Company's sole discretion is outside of the service intent and spirit of the Web Site, which may change from time to time without notice.
RESTRICTIONS ON USE
As used in the Terms, "Affiliates" means Company's related companies, subsidiaries, licensors, divisions, affiliates, directors, officers, partners, agents and assigns. You represent, warrant and agree not to do any of the following while using the Web Site:
1. Harass, stalk, sexually exploit, violently exploit, act violently toward or otherwise abuse another user or member;
2. Upload, download, post, e-mail, transmit, display, distribute, promote or otherwise make available (collectively, "Transmit") any material that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of Company or the Affiliates), anything that adversely affects Company or Affiliates business such as discouraging any person or entity from advertising with, linking to or supplying Company or Affiliates, vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Company in its sole discretion);
3. Transmit any content, databases, information, or software that is unlawful, plagiarizes, or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), or any other intellectual property, proprietary right or any other rights of any third party;
4. Transmit material of any kind that contains viruses, Trojan horses, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site;
5. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging or manipulating any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
6. Impersonate any person or entity or falsely state or otherwise misrepresent your personal contact information and/or address as an existing member of TakeCommand.org or as a potential member of TakeCommand.org to misuse, circumvent, exploit, share, profit, bypass, obstruct or work around search rules of the Great Funding Database beyond the intent, purpose or spirit of the Great Funding Database service design.
7. Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation or offer for sale of any products or services, except in areas specifically designated for such purposes; or
8. Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law, rule or regulation or otherwise make available any material that exploits or harms any individual, corporation or other entity;
9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. Solicit or collect personal data including, without limitation, telephone numbers, addresses, last names or email addresses, about other users.
You are solely responsible for your interaction with other users of this Web Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to TakeCommand.org email addresses or through Company's or its affiliates' computer systems, which is expressly prohibited by these Terms, may use or cause to be used servers located in California. Any unauthorized use of Company or its affiliates' computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code plus other applicable laws of Washington State. Such violations may subject the sender and his or her agents to civil and criminal penalties.
DISCLAIMERS/LIMITATIONS ON LIABILITY
YOU AGREE THAT USE OF THE WEB SITE AND ITS SERVICES ARE ENTIRELY AT YOUR OWN RISK. THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (G) THE CONTENT OR LACK OF CONTENT PROVIDED WITHIN THE GREAT FUNDING DATABASE; AND/OR (H) THE ABILITY OF TAKECOMMAND MEMBERS AND NON MEMBERS TO RAISE MONEY FOR THEIR BUSINESSES OR OPERATE A BUSINESS SUCCESSFULLY.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER, COMPANY AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES.
INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY OR ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
NEITHER COMPANY NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
UNDER NO CIRCUMSTANCES SHALL COMPANY AND THE AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO : (1) THIS WEB SITE AND ITS CONTENT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE'S TECHNICAL OPERATION, EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMATTION, WHETHER CAUSES IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL THE COMPANY ENTITIES AND INDIVDUALS BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN SIXTY DOLLARS ($60).
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, POD CAST, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF LAWS OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
NO PERSONAL OR PROFESSIONAL ADVICE
This Web Site and its Content (including any Uploaded Information) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, accounting, human resources, small business management, legal, or other advice. In addition to the "Disclaimer/Limitation on Liability" paragraph above, the Company Entities and Individuals make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Web Site. If you have specific concerns or a situation in which you require professional advice, you should consult with an appropriately trained and qualified specialist.
MEMBERSHIP REFUNDS
All membership fees are final and no refunds will be provided under any circumstances. If you have a customer service concern, please contact customerservice@takecommand.org.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company Entities and Individuals from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your use of the Web Site;(2) your violation of these Terms or any law, rule or regulation; (3) your use of the Content; or (4) or any of your saved search report results from use of the Great Funding Database. You will cooperate as fully and reasonably as required by Company or the Affiliates in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.
THIRD PARTIES/NO ENDORSEMENT
This Web Site may provide hyperlinks to third-party web sites ("Third Party Sites"), and certain areas of the Web Site may allow you to conduct transactions or purchase goods or services from or through a third-party. Third-parties and Third-Party Sites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications through the Web Site with any party other than Company are solely between you and that third party. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on any Third Party Sites. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
YOU AGREE THAT COMPANY AND THE AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or the Affiliates. Users are requested to inform Company of any errors or inappropriate material found on Third Party Sites to which this Web Site is or may be linked.
LINKING TO THE WEB SITE
If you link to this Web Site you may link only to the home page, and the link must be in plain text, unless otherwise pre-approved in writing by Company. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Company names or any other Company intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Company or its Affiliates. You may not "frame" or create a border around this Web Site or alter its intellectual property or Content in any way. You may not link to the Web Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in Company's sole discretion). Company reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site or these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, by emailing to: customerservice@takecommand.org. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Company to pursue legal action to enforce these Terms, you will be liable to pay Company the following amounts as liquidated damages, which you accept as reasonable estimates of Company's' damages for the specified breaches of these Terms:
a. If you join TakeCommand.org by (1) impersonating any person or entity; (2) falsely state or otherwise misrepresent your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Company one thousand dollars ($1,500) for each such membership.
b. If you send unsolicited email advertisements to TakeCommand.org email addresses or "bounce off" of TakeCommand.org email addresses or through the Company's or its affiliates' computer systems, you agree to pay Company twenty five dollars ($25) for each such email.
c. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Company's express written permission, you agree to pay Company three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Company actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Company retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
PROMOTIONS
This Web Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
LOCATION
Company operates this Web Site in the United States. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site where the content of the Web Site may be illegal is prohibited. If you access this Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of Washington, without regard to its conflicts of law principles, and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms any Additional Terms or your use of this Web Site must be filed in King County, City of Seattle, State of Washington within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in King County, City of Seattle, State of Washington for any cause of action arising under these Terms or related to the Web Site.
TERMINATION
You understand and agree that Company will determine your compliance with these Terms or Any Additional Terms in its sole discretion, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of these Terms. Company reserves the right to deny access to all or part of the Web Site to any person, delete or deactivate accounts, or otherwise terminate access to or use of any part of the Web Site, including the Great Funding Database, immediately and without notice in its sole discretion including terminating a membership in TakeCommand. Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Web Site. Further, you agree not to attempt to use the Service, including the Great Funding Database, after said termination.
MISCELLANEOUS
You agree that these Terms or any Additional Terms will not be construed against Company by virtue of having drafted these Terms. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
CONTACT US
If you have any questions, comments or concerns about our Web Site or these Terms of Use, you may contact us at PO Box 1446, Issaquah, WA, 98027.
EFFECTIVE DATE
These Terms were last updated on January 1, 2009.
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