WEBSITE / MOBILE TERMS OF USE

Welcome to the Independent National Committee (INC) (“Site”).  Your access and use of the Site and the products and/or services made available to you through the Site (collectively referred to hereinafter as “Services”) are subject to these Terms of Use and corresponding Privacy Policy (collectively hereinafter referred to as “Terms”).  Please review the Terms carefully before accessing and using the Services.  BY ACCESSING AND USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS THEN DO NOT ACCESS OR USE THE SERVICES. 


1. License, License restrictions and Independent National Committee (INC)’s Intellectual Property Rights. a. License. Independent National Committee (INC) grants you a limited, personal, non-transferable, non-sublicensable, revocable license to access the Site and use the Services as expressly permitted by these Terms.  Except for this limited license, Independent National Committee (INC) does not grant you any other rights or license with respect to the Services.  Independent National Committee (INC) expressly reserves all rights not expressly granted herein. b. License Restrictions. You may not conduct any of the following:  


  • Use any robot, spider, other automatic device, or manual process to monitor the Services;
  • Submit false or misleading information to Independent      National Committee (INC);
  • Transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material; any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or      prohibited by these Terms;
  • Use or access the Services in any way that, in our reasonable judgment, adversely affects the performance or function of the      Services or any other computer systems or networks used by Independent National Committee (INC);
  • Upload or transmit to the Services or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of the  Services;
  • Disguise the origin of the information transmitted through the Services or to Independent National Committee (INC);
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others made available to you through the Services;
  • Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or      unsolicited messages (commercial or otherwise);
  • Restrict or inhibit any other user from using and enjoying the Services;
  • Harvest or otherwise collect information about others,      including e-mail addresses; or
  • Violate any applicable laws or regulations.

c. Intellectual Property Rights. All logos, trademarks, buttons icons, images, pictures, graphics, information, and content used by Independent National Committee (INC) in connection with the Services (collectively referred to as “Content”) are protected under intellectual property laws of the United States of America, and, as between Independent National Committee (INC) and you, as you hereby acknowledge, are exclusively owned and/or controlled by Independent National Committee (INC).  UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OR CONTENT IS PROHIBITED. You will retain ownership rights you have in content or information you provide to Independent National Committee (INC), provided that you grant to Independent National Committee (INC) a perpetual, worldwide, irrevocable, non-exclusive license, without compensation or payment, to use such in any manner in connection with Independent National Committee (INC) in accordance with these Terms.  You further grant Independent National Committee (INC) the right to use your name, nickname, social media username, image, portrait, photograph, likeness and/or voice (collectively, your “Likeness”) in connection with the same and in accordance with these Terms.  You warrant and represent any content or information you provide to Independent National Committee (INC) is accurate, lawful, not harmful to Independent National Committee (INC) or others, and not an infringement of the rights of others, and you agree to indemnify and hold Independent National Committee (INC) harmless from any claims against Independent National Committee (INC) to the contrary. 


2. Disclaimer and Release. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  INDEPENDENT NATIONAL COMMITTEE (INC) MAKES NO REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SERVICES.  INDEPENDENT NATIONAL COMMITTEE (INC) DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE INDEPENDENT NATIONAL COMMITTEE (INC) FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO THE SERVICES.  THE FUNCTIONS, MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND INDEPENDENT NATIONAL COMMITTEE (INC) MAKES NO WARRANTY THAT THE INFORMATION OR SERVICES OR CONTENT WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.  INDEPENDENT NATIONAL COMMITTEE (INC) DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR CONTENT.  YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. 


3. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT INDEPENDENT NATIONAL COMMITTEE (INC), ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF THE SERVICES, OR YOUR INABILITY TO USE THE SERVICES, EVEN IF INDEPENDENT NATIONAL COMMITTEE (INC) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. 


4. Indemnification. You shall indemnify, defend, and hold Independent National Committee (INC) and Independent National Committee (INC)’s officers, directors and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to your: (a) breach of these Terms; (b) use or misuse Services; (c) violation of any law or the rights of any third party. 


5. Termination. You may terminate your participation at any time by discontinuing use of the Services. If you created an account you must provide written notice from the email account associated with your account to Independent National Committee (INC) of your intent to terminate use of the Services and your account.  At that time Independent National Committee (INC) will delete your information.  If you have a dispute with us relating to the Services, cease use of the Services.  Ceasing all use of the Services is your only remedy with respect to any such dispute that you may have with us.  INDEPENDENT NATIONAL COMMITTEE (INC) RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES IF INDEPENDENT NATIONAL COMMITTEE (INC) DETERMINES YOU HAVE VIOLATED ANY PROVISION OF THESE TERMS. 


6. Changes to Services. From time to time, Independent National Committee (INC) may modify, suspend or discontinue Services without notice to you. Independent National Committee (INC) shall not be liable to you for any modification, suspension or discontinuance of Services. Independent National Committee (INC) may establish certain policies and practices concerning use of the Services.  Accordingly, Independent National Committee (INC) reserves the right to change these Terms (in part or in whole) at any time, with or without prior notice.  Independent National Committee (INC) will notify you of any such changes by posting an updated Terms. 


7. Privacy. Independent National Committee (INC) uses your information to: (a) make Services available to you; (b) to communicate with you about the Services; and (c) to further develop and improve Services.  Please review Independent National Committee (INC)’s Privacy Policy for more information at: Independent National Committee (INC)/privacy-policy. 


8. Choice of Law and Venue. These Terms, your access and use of the Services and the relationship between you and Independent National Committee (INC) are governed by the laws of the District of Columbia, without giving effect to its conflict of law provisions. 


9. Dispute Resolution. You expressly acknowledge and agree that the sole and exclusive forum for resolving any controversy or claim arising out of or relating to these Terms, or otherwise relating to any rights in, access to or use of the Services shall be binding arbitration, under the American Arbitration Association ("AAA") commercial arbitration rules, then in effect.  You also agree that the AAA optional rules for emergency measures of protection shall also apply to the proceedings.  Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.  In the event that this provision is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect. YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S RULES ALLOW FOR SUCH. 


10. Contact Information If you have any questions or concerns about these Terms or the Services you may contact Independent National Committee (INC) via email at contact@incommittee.org or regular mail at Independent National Committee (INC), 2030 Rainbow Lake Lane, Suite 318, West Bend Wisconsin 53090. Last Update: 02/06/2017