TERMS & CONDITIONS
The Terms and Conditions on this webpage shall govern your use of Hardworking Americans, Inc. (“Hardworking Americans”) accessible at www.hardworkingamericans.org. These Terms and Conditions will be applied fully and affect to your use of the website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
This website is operated by Hardworking Americans. These Terms and Conditions apply solely to your access to, and use of, the Hardworking Americans’ website operated by Hardworking Americans and other Hardworking Americans websites and mobile applications and other social media applications which link to these Terms and Conditions (the “Sites”). These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Hardworking Americans for products, services or otherwise.
1. PRIVACY POLICY
Please refer to our Privacy Policy information on how we collect, use and disclose personally identifiable information from our users.
2. COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, Hardworking Americans’ logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Hardworking Americans or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Hardworking Americans, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (‘DMCA’) and other applicable laws, Hardworking Americans has adopted a policy of terminating, in appropriate circumstances as determined by Hardworking Americans in its sole discretion, subscribers or account holders who are deemed to be repeat infringers. Hardworking Americans may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. TRADEMARKS
You may not use any metatags or any other “hidden text” utilizing “Hardworking Americans” or any other name, trademark or product or service name of Hardworking Americans without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Hardworking Americans and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
5. HYPERLINKS
You may not use a Hardworking Americans logo or other proprietary graphic of Hardworking Americans. to link to these Sites without the express written permission of Hardworking Americans Further, you may not use, frame or utilize framing techniques to enclose any Hardworking Americans trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Hardworking Americans’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Hardworking Americans or any third party.
Hardworking Americans makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Hardworking Americans and Hardworking Americans is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Hardworking Americans provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Hardworking Americans of any site, or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
6. THIRD PARTY CONTENT
We may make third party information and other content available on or through the Sites (the “Third Party Content”) as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Sites (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Hardworking Americans does not control, endorse or adopt any Third-Party Content or Third-Party Products, and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Hardworking Americans is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
7. ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
Hardworking Americans may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party organizations, products, or services on the Site. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Hardworking Americans is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- Hardworking Americans advertisers or third-party information on the Site.
8. SUBMISSIONS
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or Hardworking Americans that are provided by you in the form of email or other submissions to Hardworking Americans, or any postings on the Sites, are non-confidential and shall become the sole property of Hardworking Americans. Hardworking Americans shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
9. REGISTRATION DATA; ACCOUNT SECURITY
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Hardworking Americans, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Hardworking Americans.
10. DISCLAIMERS
This website is provided “as is,” and Hardworking Americans expresses no representations or warranties, of any kind related to this website or the materials contained on this website. Also, nothing contained on this website shall be interpreted as providing individualized advice to you.
Hardworking Americans reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Hardworking Americans.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL HARDWORKING AMERICANS OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HARDWORKING AMERICANS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HARDWORKING AMERICANS’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HARDWORKING AMERICANS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HARDWORKING AMERICANS FOR ACCESS TO OR USE OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. APPLICABLE LAW AND VENUE
These Terms and Conditions and your use of the Site shall be governed by and construed in accordance with the laws of the United States applicable to agreements made and to be entirely performed within the United States, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in the United States and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.
13. TERMINATION
Notwithstanding any of these Terms and Conditions, Hardworking Americans reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
14. SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
15. DONATION POLICIES
When donating, federal law requires that you verify the following statements are true and accurate. Your contribution is made from your own funds with a personal credit card, and not with a corporate credit card or funds provided to me by another person. I am not a federal government contractor, nor am I a foreign national who lacks permanent resident status in the United States. I am at least 16 years old. Contributions are not deductible for federal income tax purposes. Funds received in response to this solicitation will be subject to federal contribution limits. Federal law requires us to use our best efforts to collect and report the name, mailing address, occupation, and name of employer of individuals whose contributions aggregate in excess of $200 per election cycle.
16. DONATION REFUND AND CANCELLATION POLICY
All donations are final. Refunds and cancelations will be given at the discretion of Hardworking Americans.
17. ADDITIONAL INFORMATION
We may use various website analytics tools and technologies regarding activities on the Site that require storage of web session data. The overall aim of these tools is to aid in making the Site easy to use, to proactively identify and correct error conditions and to provide more relevant advertising and content to you. These tools and technologies are also used to assist Site visitors who report problems in the use of the Site.
Third Party Use of Cookies: We use cookies to compile aggregate non-personally identifiable data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future. We may also share non-personally identifiable information with companies such as agencies, ad networks or exchanges to enable them to analyze user behaviors or to customize the ads that you encounter.
18. ASSIGNMENT
Hardworking Americans is allowed, subject to applicable law, to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions.
19. CHANGES OR MODIFICATONS TO TERMS AND CONDITIONS
We reserve the right to change or modify any of the terms and conditions contained in the Terms and Conditions or any policy or guideline of the Sites, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and Conditions and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.